Oct 21, 2018 Fighting DUI prosecutions – Challenging repeat offense charges
Fighting DUI prosecutions alleging repeat offense charges – Fairfax DUI lawyer
Virginia DUI attorney on fighting prosecutions for alleged repeat DWI offenses
As a Fairfax DUI attorney, I know that arresting police officers and court magistrates (being very busy and not having to be lawyers) can mistakenly allege that a DWI defendant’s prior DUI record is worst than it is for purposes of facing mandatory minimum penalties for a repeat DUI charge.
Fairfax DUI attorney on the prosecutor’s burden to prove a substantially similar prior offense
A Virginia DUI conviction after a prior applicable substantially similar conviction bring severe incarceration and driving penalties. However, the prosecutor is not always able to produce sufficient documentation of a prior applicable DWI conviction. This inability to provide such documentation can increase when the prior conviction is from other than a Virginia state court.
Virginia DUI lawyer on challenging substantial similarity with a fine-toothed comb
Here are ideas for challenging Maryland and District of Columbia DUI convictions as not being substantially similar to Virginia’s DWI law. As a Fairfax DUI attorney, when my client’s out-of-Virginia prior DUI conviction is a basis for charging him or her as a second DWI offender, I fully examine whether there was in fact an applicable out-of-state conviction, and examine the applicable out-of-state statute (and check whether the statute version that applied to my client’s out-of-state conviction is different from the current version) in comparison to the Virginia DUI statute, to be ready to argue that the out-of-state statute is not her substantially similar to Virginia’s DWI statute for purposes of my client’s prior conviction. Here is more about challenging any and all prosecutions alleging a relevant repeat offense.
Fairfax DWI lawyer on the lack of substantial similarity of certain federal DWI convictions
Here are some ideas for challenging Maryland and District of Columbia DUI convictions as not being substantially similar to Virginia’s DWI law. Also ripe for challenge against being predicates for mandatory minimum Virginia DUI sentencing are federal court DWI convictions involving the Park Police and Pentagon DWI federal regulations. 36 C.F.R. § 4.23(c)(1); 32 C.F.R. § 234.17(c)(3)(i). For starters, such federal convictions can be attacked concerning substantial similarity, because both regulatory schemes allow for DWI convictions based on urine and saliva testing. Virginia DWI convictions are not available for such testing. Va. Code § 18.2-268.1.
Thanks to my Virginia colleagues who successfully challenged the substantial similarity of a Park Police DUI conviction through showing that a Park Police DUI conviction is available for operating a moped not on a public highway, whereas a Virginia moped DWI conviction is only available for operating the moped on a public highway. Corey v. Virginia, Record No. 0421-02-4, 2003 WL 22657993 (2003) (unpublished). Being unpublished, Corey Va. Code § 17.1-413is only persuasive rather than binding authority. .
Fairfax DUI lawyer Jonathan L. Katz has successfully defended hundreds of DWI defendants since 1991. To discuss your case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential consultation.