DWI / DUI
I refer many clients to AA meetings. What happens there?
Because I have referred hundreds of clients to Alcoholics Anonymous meetings since 1991, I meant long ago to attend an AA meeting to see what my clients have to put up with, how much help AA might actually be, and what non-Christians, agnostics and atheists...
A DWI Victory Obtained Through Getting the Breath Test Result Discounted
Recently, I won a Virginia driving while intoxicated/under the influence bench trial appeal after my client was convicted in the lower General District Court when represented by a different and very capable attorney. Here are a few highlights from this victory: First and foremost, criminal defendants who lose at trial in Virginia...
Winning a DWI trial despite less than stellar evidence for the defense
In Virginia, it is a Catch-22 for a driving while intoxicated suspect to take or refuse the breath or blood test. If a DWI arrestee has enough alcohol in his or her blood, a breath or blood test will help the prosecution prove its case. If the DWI arrestee...
Judicial Mandates For AA Meetings Violate The First Amendment – Alternatives to AA are Few and Far Between
Many of my clients are not Christian, nor am I. Decades ago, the United States Supreme Court ruled against prayer in public schools as violating the First Amendment. Before then, such clearly Christian prayers as the Lord’s Prayer were commonplace to start the day in...
In Virginia, a DWI conviction is even possible for being drunk in one’s car in the home driveway, with the key in the ignition’s off position
What happens in Virginia if a person drinks heavily at home, is thrown or nagged out of the house by the remaining family members on a cold night for acting all drunk or for overstaying his or her welcome as a guest, and goes into his or her car in...
Converting 3 DWI’s to reckless driving in 7 days, against great odds and in the moment
Throughout the 1994 National Criminal Defense College’s Trial Practice Institute and 1995 Trial Lawyers College, we were repeatedly reminded and inspired to find, cultivate and execute our own personal magic in order to do great things for our clients. The idea is not for us...
Storytelling to an acquittal at trial on charges of DWI and breath test refusal
My Virginia driving while intoxicated clients who refuse to be breath or blood tested for blood alcohol and/or drug content post-arrest, know that a first-time refusal conviction spells one year of no driving at all, with no exceptions. If also convicted of DWI, an additional...
Winning in the absence of a breath technician
When a criminal defendant’s trial date continuance motion is denied, s/he ordinarily must proceed to trial on that date, or resolve the case by settlement negotiations. When a Virginia prosecutor is unable to obtain a trial date continuance, s/he can move the court to enter...
Some days are like removing the donut weight from a baseball bat
My clients usually ask me what their chances are in court. This is not merely to satisfy natural anticipation, but also to have plans in place in case they are convicted, and depending on the type of conviction and sentence. I do my best to...
Again winning a DWI trial after attacking the cop’s hunch
Five months ago, I blogged about winning a driving while intoxicated trial when the judge ruled that the police stope of my client’s car was unconstitutional, for being based on no more than a hunch about whether my client or his passenger had been involved in an amorphous...