Apr 27, 2018 DWI victory through suppression hearing win by Virginia DUI lawyer
Virginia DUI lawyer obtains DWI victory at the suppression hearing stage
DWI victory and criminal defense victory is preceded by substantial preparation. including keeping updated on the relevant science and law, obtaining and fully analyzing the case evidence, and working as a team with my criminal defense clients. As a Fairfax criminal lawyer, I know how essential is this pretrial preparation on the road to pursuing the best possible case outcome.
Virginia DUI lawyer on the critical suppression motion stage
A critical part of preparing for victory at trial includes a Fourth Amendment challenge to the initial police encounter with the defendant, any initial detentions, any seizure of evidence, and any arrest. The legal standard for arresting a DUI or other criminal suspect is probable cause, which is a higher standard than the reasonable suspicion ordinarily needed to stop a car, but a much lower standard than the beyond a reasonable doubt standard needed to convict.
Fairfax criminal lawyer wins recent DUI trial on argument of no probable cause to arrest
Judges, not jurors, determine whether an arrest is based on probable cause. Judges so frequently find probable cause to issue search warrants and to arrest that a criminal defense lawyer is all the more challenged to convince the judge that this case is different from all those other cases where the judge finds probable cause.
One of my recent DUI trials involved my client’s being stopped for blowing a red light, allegedly having an alcohol odor and bloodshot eyes, and telling the police officer at the outset that he had numerous physical ailments that could adversely affect his performance on field sobriety tests. Here, I was able to use my client’s admitted physical impairments to our advantage in arguing no probable cause to arrest for DUI, It did not hurt that the prosecutor’s direct examination of the police officer did not present numerous of the adverse specifics in the officer’s incident report. Prosecutors and their witnesses often will make defense-beneficial mistakes at trial, and that needs to be considered when deciding whether to proceed to trial.
The judge found no probable cause to arrest my client, and entered an acquittal. Justice was done.
Fairfax criminal lawyer Jonathan L. Katz has successfully defended thousands of criminal defendants since 1991. Jon will be delighted to discuss your case with you, via a confidential consultation scheduled through his staff at 703-383-1100.