DWI / DUI
DWI laws dilute respect for the criminal law
In 2000, federal highway legislation shoved mandatory criminalization of a 0.08 blood alcohol level in DWI cases down the states’ throats under the penalty of otherwise losing federal highway funding. A 0.08 blood alcohol level is so easy to reach that anybody who drives after...
Self improvement links and steps for your Virginia criminal & DUI defense
Self-improvement / rehabilitation — what I sometimes also call homework — can sometimes help criminal defendants with case negotiations with the prosecutor, and with any case sentencing in the event of a conviction. As a Fairfax criminal lawyer, I know it is ideal criminal defendants to talk...
Winning a DWI trial by putting our own traffic stop witness on the stand
It is St. Patrick’s Day evening, and a police officer testifies at my client’s bench DWI trial that he stopped my military-enlisted client for blowing a traffic light that was solid red for my client at all times, with the officer driving a few car lengths behind...
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...