Developing a persuasive defense story- Virginia DUI lawyer

Developing a persuasive defense story is critical for trial, says Virginia DUI lawyer

Developing a persuasive defense story is vital for criminal defendants in all trials. As a Virginia DUI lawyer, I know that police in DWI trials often testify from a menu of a defendant’s committing one or more moving violations; having an odor of alcohol; having eyes that are bloodshot, watery or glassy; having a flushed face, disheveled clothing or hair; speaking with slurred speech; stumbling or holding the car for balance; and making mistakes on field sobriety testing.

Virginia DUI attorney on presenting a persuasive defensive counter-story

The police officer and prosecutor might cherrypick the most unflattering evidence against a DWI defendant, when it is the defense lawyer’s role to be developing a counter-narrative, because merely arguing reasonable doubt often sounds like an abstract argument whereas a persuasive story can paint a more compelling argument for an acquittal.

Fairfax criminal defense lawyer on creating and owning the persuasive story

Developing a persuasive story for a Virginia DUI defendant often starts with the time of day, as a large percentage of such arrests take place when most people are sleeping, which can help explain any moving violations, lethargy, awkwardness, limited attention and limited coordination by the defendant.

Police tend to focus on all the above-discussed menu factors, when the Virginia DUI defense lawyer can expand the developing story into such considerations as whether the defendant was polite, did not use profanity, had no problem producing his or her license and registration, and was lucid even if his or her body was not performing in stellar fashion.

Developing the DUI defense story with video evidence

Most Virginia DUI cases that I defend have video evidence, and I carefully review and dissect that material with my client. Sometimes the video has poor sound quality, and sometimes the police officer does not assure that the video camera is showing such critical parts of the encounter as field sobriety testing. The police officer’s having the exclusive opportunity to assure good sound and clear camera views, failure to do one or both is fair game for persuasive cross-examination and argument by the DWI defense lawyer.

Developing the story to counter the breath testing result

When a Virginia DUI defendant submits to breath or blood testing that yields a result of 0.08 or higher, the defense lawyer is left to fight to suppress the arrest in the first place, to fight to keep out the breath test results, to argue Yap v. Virginia (that the blood alcohol level at the time of driving may have been lower than at the time of testing), and to argue margins of uncertainty and other unreliable aspects of the breath or blood testing for alcohol and/or drugs.

Virginia DUI lawyer on transcending public distaste for drunk driving

Nobody wants anyone to drive impaired. The point of developing a persuasive DWI defense story is to show no probable cause to arrest for DUI in the first place, and to establish reasonable doubt that the defendant was impaired/ DUI.

Virginia DUI lawyer Jonathan L. Katz pursues your best defense against prosecutions alleging DWI, alcohol-impaired driving and drugged driving,  To discuss your case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation.