DWI / DUI

My clients tend not to care how I win for them as long as I win, even if through a final dismissal rather than through the greater excitement of an acquittal. Recently, I got a case dismissed due to the Sixth Amendment violation of my...

A vehicle collides so hard into the one in front of it that the struck vehicle suffers substantial damage, and the struck vehicle then collides into the next car ahead. Police arrive to find my client with bloodshot and watery eyes, all upset about a...

Last April, the Supreme Court generally limited blood draws of criminal suspects to those obtained by consent of the suspect or by a valid search warrant, absent exigent circumstances. Missouri v. McNeely, 133 S.Ct. 1552 (2013). Criminal defense lawyers need to challenge all three with...

Our tax dollars pay prosecutors and police to serve the people, including those they arrest and prosecute, not just to serve the amorphous “people that I — the cop or prosecutor — am here to protect.” How many police, prosecutors and other civil servants see...

When my clients get arrested for drunk driving in Virginia, sometimes I mention how much better they would have fared in Maryland, which has no mandatory minimum jail sentencing for first-time driving while intoxicated (DWI) defendants, less harsh sanctions than Virginia on driving for first-time...

Here is an overview of events leading to my recent trial win for a 0.14 blood draw case in Virginia General District Court. GDC: The police officer testified to seeing my client’s car stuck in a ditch, and my client’s saying he drove the car and nothing to drink...

During the year between college and law school, I was a financial auditor at one of the nation’s then-thirty largest banks. We reviewed the bank’s financial activities to assure the bank was adhering to safe and sound financial practices. This was the closest I ever came...

All battles have hurdles. For Virginia drunk driving defense, last December the state’s intermediate appellate court threw a King Kong-sized hurdle for challenging the accuracy of the breathalyzer machines, in the form of Fitzgerald v. Com, 61 Va. App. 279, 734 S.E.2d 708 (2012). Fitzgerald does...

On April 17, 2013, the Supreme Court issued a splintered opinion in which a 5-4 majority ruled that nonconsensual blood draws ordinarily require a search warrant in driving while intoxicated investigations and arrests. Missouri v. McNeely, ___ U.S. ___ (April 17, 2013). McNeely says that...

NOTE: Today’s blog entry only addresses matters in Virginia state courts. A Virginia drunk driving/DWI conviction, at minimum, brings one year of suspended driving with the option to apply for restricted driving privileges, payment to complete alcohol education, and a fine and court costs. Jail...