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Hostile judicial reactions to VA DUI defenses- Fairfax lawyer replies

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Hostile judicial reactions to Virginia DWI defenses are too common- Fairfax DUI lawyer takes the matter by the horns

Hostile judicial reactions to Virginia DWI defenses arise from such factors as strong views against drinking and driving, thinking the defense lawyer is wasting the court’s time, and not viewing the defense’s arguments as sufficiently on point. As a Fairfax DUI lawyer, I know that a hot button issue always will be allegedly driving under the influence of beer, wine, liquor or drugs in violation of the Virginia DWI statute, codified at Virginia Code § 18.2-266. As only for instances, an otherwise very smart and focused professor at my law school expressed curiosity at why it could be persuasively argued to give anything less than firm sentences to those convicted of DUI. Although he worked at a non-criminal division of the Justice Department — which includes criminal prosecution — I realized that the presence of a DOJ lawyer at a hippy-leaning acquaintances gathering did not inoculate him from emailing me a couple of screeds about my allegedly putting money ahead of what is right in my defending those charged — meaning presumed innocent — with drunk driving.

Fairfax DUI lawyer knows that DWI defense is on the side of the angels

As a Fairfax DUI lawyer, I know that virtually all DWI and criminal defense is on the side of the angels. That does not mean that all my clients have done angelic deeds, but does mean at the very least that (1) a person is more than his or her worst wrong decision or mistake and (2) if you want to see a more unjust and power-abusive government than we already have, then eliminate the role of the criminal defense lawyer. Hostile reactions to driving under the influence of alcohol and drugs can be particularly sharp for those who have friends or loved ones (or themselves) who have been injured or killed by allegedly drunk drivers. A Virginia DUI defender at once can do a great job of fighting for his or her clients’ liberty, reputation and employment and security clearance status while maintaining empathy and compassion for those who have been injured by allegedly drunk drivers. A particularly great example of doing both comes from federal appellate Judge Jane Kelly, who was in my section at the two-week Trial Practice Institute of the National Criminal Defense College. Jane’s stellar resume is such that she could have gotten high paying jobs at some of the nation’s top large corporate law firms. Instead, she chose to be a federal public defender and stayed with it even after seriously assaulted while taking a long distance run. Clearly, she saw the humanity in criminal defendants by continuing her work after being an assault victim. Once a Virginia DUI lawyer stops seeing and expressing the humanity in DWI defendants, that is the time to move to another area of legal work.

A hostile judge sometimes is like the roaring lion with a thorn in its paw

Neither a hostile judge nor a roaring lion with a thorn in its paw are acting that way for no reason. The irritated judge may think s/he knows it all, but when a Virginia DUI lawyer understandingly engages the judge in argument and discussion about why the lawyer is correct on an evidentiary exception or other point of law, and why the lawyer is on point about a sentencing argument, the judge may be resistant when any of those arguments sound novel. The second time the same lawyer raises similar arguments to the judge, the judge may be more open minded. By the third date that the lawyer makes such arguments to the same judge, the seeds of argument may have been tended and watered well enough in the judge’s mind and being that the judge may be then have turned around in the defendant’s presence .Your Virginia DUI lawyer has chosen this line of work, and must be ready to deal with all sorts of judges, jurors, police and prosecutors. Even if your attorney vehemently disagrees with any of them, your lawyer should take a page from Will Rogers: “I’ve never met a man I didn’t like,” in that practically everyone has something(s) likeable about them.

Let the judge and jury blame their oath

Neither a hostile judge nor juror lives in a vacuum. As a Fairfax DUI lawyer, I know that the judges’ and jurors’ relatives and friend are going to ask them why they ruled or voted as they did. A great Virginia DWI lawyer can provide them with talking points that can make them more comfortable about following their oath and the governing law, starting with the judges’ and jurors’ being completely correct in saying to anyone that their decision was oath based, pure and simple.

Fairfax DUI lawyer Jonathan Katz knows he is on the side of the angels in defending people against Virginia charges of driving under the influence of alcohol and drugs. Around 30 percent of Jon Katz’s law practice is DWI defense. Jon’s commitment to such defense is further underlined by his being among the small percentage of Virginia DWI defenders who are members of the National College of DUI Defense or its equivalent. Get ready for a tremendously informative experience that will bring you closer to victory through a free in-person initial confidential consultation with Jon Katz about your court-pending prosecution. Call 703-383-1100 to secure your meeting slot with Jon.Â