DWI / DUI
Virginia DWI Defense Law – Defending Against a Test Refusal Charge
The Virginia prosecutor has the burden to prove beyond a reasonable doubt that the defendant unreasonably refused to submit to a breath or blood alcohol test; the defendant does not need to prove s/he reasonably refused (although having a good reason to refuse can help...
DWI defense- Get the incident video
For DWI cases, I want the incident video if it exists. For all other criminal cases, I want the incident video unless I should first explore further with my client whether seeking the video will be the only reason that the prosecutor will himself or...
SCOTUS’s Birchfield decision misses the gross inaccuracy of breath testing in DWI cases
The next time the Supreme Court reviews a DWI case, it will be important to enlighten the justices on how inaccurate are breathalyzer machines.
When SCOTUS’s Birchfield decision will help a DWI defendant’s case
Under Birchfield, refusal to submit to a blood test cannot be criminalized, and "consent" to a blood test can be challenged if the police warned the arrestee that blood test refusal risks criminal penalty(ies).
DWI Defendants- Beware and abolish VASAP (the Virginia Alcohol Safety Action Program)
Clearly, VASAP should be abolished, and should be replaced by private drug and alcohol programs. Until such abolition, VASAP should be reformed to more routinely give credit for participation in private state-licensed alcohol and drug education programs.
Winning a Virginia DWI trial on appeal to the Circuit Court
The judge granted my objection to the breath testing results coming into evidence, due to the prosecutor's inability to satisfy the above-referenced 20-minute rule. The judge subsequently found my client innocent/not guilty.
How to persuade a hard-line judge or jury to see the case on its own merits
It can be scary for a criminal defense lawyer to place the fate of his or her client in the hands of the judge and jury. However, the effective criminal defense lawyer does not simply hand the defendant to the jury.
A how-to for police suspects, starting with the power of “no”
Go and enjoy the rest of the Fourth of July weekend, and remember that Independence Day has less meaning when criminal suspects do not assert their rights to remain silent with the police and to refuse police searches.
Knowing the judges and jurors — their passions over drinking and driving
When I am defending clients charged with DWI -- which I do all the time -- I am defending the very essence of our civil liberties.
Confronting Our Demons on the Road to Success
Again and again, I hear my clients who look successful on paper tell me of the pressures that led them to improvidently get behind the wheel after drinking, grow marijuana at home rather than seeking legal alternatives, and risk their security clearances by seeking prostitution...