Fairfax DUI success- Virginia DWI lawyer provides anatomy of recent achievements converting charges to reckless driving

Fairfax DUI success FDS does not come from wishful thinking, but by keeping one’s nose to the grindstone, by obtaining the best possible Virginia DWI lawyer for you, and by working closely as a team with your attorney. As a Fairfax DWI lawyer, in the same day I recently negotiated two Virginia DUI prosecutions to reckless driving. These results were not guaranteed in these prosecutions alleging driving under the influence of alcohol or drugs under Virginia Code § 18.2-266. They called for my clients to engage in self improvement steps and for me to present our defense and these Virginia DWI defendants in the most positive light, with the prosecutors probably knowing that I was at all times fully prepared to proceed to trial if needed. In one of these two FDS cases — which we settled for a standard wet reckless plea (with reckless speed, which can be more favorable than reckless generally) — my client allegedly ran a red light when traffic was light and on the way to a fast food restaurant; he blew a 0.13 blood alcohol concentration (BAC) post-arrest, and his BAC was arguably lower at the time of driving, seeing that his second of two sufficient air volume samples was higher than the first, supporting that the alcohol was still absorbing into the bloodstream and thus increasing his BAC. On top of that, my client’s lowest BAC of the two alcohol readings was 0.133, which can be argued to need adjustment to 0.129 when considering the Virginia Department of Forensic Science (DFS)-admitted +/- 0.004 uncertainty of measurement for BAC readings under 0.15. In my second case, for which I obtained a dry reckless (a fine only), police arrived at a private apartment complex where my client was allegedly causing a disturbance, and police found him in his car with the automobile running (which for Virginia caselaw is the same as driving for DWI culpability).

Speaking to police and prosecutors as just folks in obtaining Fairfax DUI success

With the Fairfax DUI success for my first case, we had a very experienced, folksy police officer. It is critical for a lawyer not to seek to manipulate others in trying to persuade them. Here, I genuinely like many characteristics about this police officer, including sharing stories of our experiences in his hometown in the Blue Ridge Mountains. Not only did my client do a good thing by completing all my recommended self improvement steps, but the police officer (whose input the prosecutor sought about settlement negotiations) expressed his appreciation that my client was at all times very polite with him, and that my defendant client did not even complain of any discomfort that he may well have felt being so tall and riding in the law enforcement cruiser with his hands cuffed behind his back. Once at a 0.13 BAC, that can reduce the prospects of obtaining a reckless driving plea, but at the same time it should have been obvious to the prosecution that the defense was fearless about going to trial, knowing that absent more unusual alleged behavior than referenced above, we were either going to win at trial or were going to receive a standard first Virginia DWI sentence with no active jail time.

Sticking to our guns for a dry reckless plea

With the dry reckless Fairfax DUI success that I obtained, we certainly had a chance of obtaining an acquittal, but an additional non-alcohol misdemeanor count was also charged for which there was some risk of a conviction, and we got that latter count entered nolle prosequi (not prosecuting) in the negotiating process, where a conviction for either original misdemeanor count would not have had desirable collateral consequences. In that case, no BAC reading was obtained, and refusal to submit to a breath test could not have been charged, because all of this happened on private property that was not used as a public thoroughfare. Here, as well, the prosecutor probably recognized that — other than collateral consequential risk — my client’s risk of proceeding to trial was low, expecting no active jail time and no deprivation of driving privileges if convicted any worse than the statutory provision for a year of no driving with the availability of ignition interlock device driving during the suspension period.

Is a great Fairfax DUI plea result guaranteed?

Fairfax DUI success with plea negotiations is not guaranteed. The key is to overcover risk in all aspects of your Virginia DWI defense, by obtaining the best possible attorney for you, to engage in vital self improvement steps before your trial date, and to be fully prepared for any trial, any settlement negotiations, and any sentencing procedure. Make sure that your Virginia DWI defense attorney will stick with you every step of the way not only in your defense, but also with helping you with such post-court steps as obtaining any restricted license, dealing with the Virginia Alcohol Safety Action Program (VASAP) and arranging for such ignition interlock steps as choosing the ideal IID provider for you (out of the approved four).

When you obtain Fairfax DUI lawyer Jonathan Katz for your Virginia DWI defense, you have a bulldog of an attorney fighting every step of the way for you, not for the purpose of delivering any superficial impressive performance, but to obtain the best possible results for you, backed up by Jon Katz’s successful experience defending hundreds of DUI defendants, including hundreds of such defendants at trial. Jon is among the small percentage of Virginia DUI defenders who is a member of the essential National College of DUI Defense or its equivalent. You are always in good hands with Jon Katz as your Virginia DWI defender. Find out for yourself with your free in-person initial confidential consultation about your court-pending case, at 703-383-1100.