DWI motion power gets quickly followed by reduction to an improper driving infraction for Fairfax DUI lawyer

DWI motion power can be significant. Whether or not this was mere coincidence, recently within hours of my filing a motion to suppress evidence in a DUI case, the prosecutor emailed me offering to amend the charge to improper driving — which is the lowest level type of Virginia moving violation infraction — on the condition that I withdraw my motions. As a Fairfax DUI lawyer, my watchword is to be perpetually ready for trial, both because that is the only way to win in court — short of a case dismissal — and because settlement / plea negotiations always are typically more powerful (and certainly not weaker) by being backed up by the prosecutor’s knowing the threat of a strong defense case at trial.

DWI motion power attacking the thinness of the prosecutor’s evidence

In this DWI case that got amended to improper driving — with a fair fine and court costs being the only penalty — I pounced in my DWI motion to suppress and in communicating to the prosecutor about negotiations, that the prosecutor’s evidence was too thin for him to prevail on the DUI charge (which was also accompanied by a charge of refusal to take a breath test, and unsafe lane change, both of which were entered nolle prosequi / dismissed as part of this deal). Your Virginia DUI lawyer needs to timely obtain and review essential discovery and evidence in your prosecution alleging driving under the influence of alcohol or drugs under Virginia Code § 18.2-266. Without exception, I always have found gold in such discovery, even if mixed with adverse evidence. For weeks, the prosecutor would not budge on an offer of reckless driving with no active jail time despite my pointing out that the discovery in conclusory fashion alleged poor fields sobriety test ( FST / SFST ) performance without even saying which field tests were administered, let alone not providing details on each test. Law enforcement was not equipped with bodycam nor dashcam equipment, so neither side had the benefit of such evidence. 

Do not underestimate the benefit of getting a “stop already!” reaction

Lawyers are busy with multiple clients and obligations. Although a Virginia DWI attorney is not permitted to bury an assistant commonwealth’s attorney / prosecutor with motions and other court filings for the purpose of so burying them, your Fairfax DUI lawyer / Virginia DWI attorney has an obligation to fully defend you, which includes filing timely, appropriate, and well argued motions and other court filings (including objection to the certificate of analysis, discovery demands and orders, and motions for blood transfer orders (to a defense-selected lab for independent testing) when a blood draw has been effectuated. When your prosecutor is faced with the choice of having to set aside time to answer those motions and other court filings rather than to move settlement negotiations closer to your favor, the latter can seem mightily attractive with the prosecutor’s having a “stop already” reaction to your lawyer’s DWI motion, and with his or her triaging what is more important to more fully fight.

The magic of sticking to your Virginia DUI settlement guns

Not long ago, I was defending a client charged with DWI in a Northern Virginia county that is very tight fisted about amending a Virginia DUI charge to reckless absent a good legal (rather than evidentiary) argument for doing so. With this particular case, it was not until we appealed our General District Court conviction to the Circuit Court for a de novo jury trial that we obtained the wet reckless plea that we had originally sought, and only about thirty minutes before the jury was to have been sat. In this instance, the prosecutor saw that we meant business to proceed with the jury, and he relieved his work burden for the day and week by finally agreeing to the wet reckless disposition that we had pursued.

Does your Fairfax DUI lawyer / Virginia DWI attorney know how to perform well at trial?

Just as a great soldier cannot perform excellently without preparation and experience, the same goes for your Fairfax DUI lawyer / Virginia DWI attorney. Ask your potential DUI lawyer about his or her ability, experience and successes not only with DWI motion practice but with taking your type of case for trial, and the extent to which your lawyer will do what is necessary to be well prepared for your trial and will executed his or her trial work superbly.

Fairfax DUI lawyer Jonathan Katz will relentlessly pursue your best defense in court. Jon Katz can usually meet with you within a business day of calling his staff, for a free in-person confidential consultation about your court pending case, at 703-383-1100.