DWI / DUI

Persistence in Virginia DWI plea negotiations can sometimes yield big payoffs when the persistence comes with a roadmap, and is not about repetition nor (worse) betting.  As a Fairfax DUI lawyer, I used such persistence recently in obtaining a spectacular negotiating result of two wet...

Evidentiary rulings in your Virginia DWI or criminal trial can be favorable, unfavorable or both. As a Fairfax DUI lawyer, I read with glee about a correct judicial ruling to exclude a blood test certificate of analysis (showing the defendant's purported blood alcohol level (BAC))...

Labor Day weekend Virginia DWI arrests tend to be more common than during most weekends, not only because of all the merrymaking before the unofficial end of summer, but also because police are often on the streets and outside the bars in greater force, approaching...

Lawyerless police investigations of Virginia DWI suspects are par for the course. As a Fairfax DUI lawyer, I know that this state of affairs makes it all the more important for you in advance to know of your Constitutional Fifth Amendment right to remain silent,...

Imprisonment and jailing are a real risk in any Virginia jurisdiction if convicted of exceeding of DWI with a blood alcohol concentration (BAC) exceeding 0.30. As a Fairfax DUI lawyer, I recently avoided even a minute in jail for my client whose Intox EC/IR II...

Passenger (PR) risks for Virginia DWI suspects and defendants charged under Virginia Code § 18.2-266 can include having a non-adult / minor PR (carrying five days mandatory minimum of jail time), reckless disregard of their PR child's life (a Virginia Class 6 felony), PRs who tell the...

Overcoming any plea negotiation impasse requires being constantly trial ready and persevering with settlement talks. As a Fairfax DUI lawyer, I experienced a settlement breakthrough to a reckless driving disposition -- under Virginia Code § 46.2-852 -- by following that approach and by making clear to my...

Recharge risks exist to varying degrees if your Virginia prosecution is dismissed without prejudice (also known as nolle prosequi). As a Fairfax DUI lawyer, I know that a non-prejudicial dismissal of a Virginia felony charge implicates no deadlines for a prosecutor to renew the case, because...

Fairfax expungement practice got a wakeup call this week, when Fairfax County Circuit Court Judge David Oblon determined in a detailed written opinion that wet reckless driving convictions amended from an original Virginia DUI prosecution are generally not eligible for expungement. W.H.D. v. Commonwealth of...

Virginia DWI dealing is not a science but an art, that needs to be backed up by full trial readiness. As a Fairfax DUI lawyer, I proceed to every settlement / plea negotiation with that approach. This trial readiness is necessary in and of itself,...