Judges dislike drinking and driving and so do jurors, says Fairfax DUI lawyer

Judges dislike drinking and driving, as do jurors. As a Fairfax DUI lawyer, I know that making your car keys unavailable is one of the best thing for you to do before  starting to drink beer, wine or alcohol. Liquor reduces the quality of people’s judgment, including whether they should risk driving after consuming alcohol, so hide your keys from yourself before you start driving. “But I will only have one drink per hour,” you may reply. My watchword is to overcover risk and to not operate a motor vehicle within twenty-four hours of drinking. Moreover, who is to say that a person will limit themselves to one drink per hour? For starters, who has the willpower to eat only one potato chip per hour from an open bag? Why do judges and jurors dislike driving under the influence of alcohol or drugs, charged under Virginia Code § 18.2-266? Drawn from the general population, they are bound to know someone who has themselves been injured by an allegedly drunk driver, or who has a close friend or relative who has suffered the same fate. The strong feelings — and often anger and even desire for vengeance — that can arise under such circumstances cannot automatically be extinguished by a judicial or juror oath. Consequently, when you drink alcohol, it may help to see an image of handcuffs at the bottom of your drinking glass or bottle. I say that not to support a dry lifestyle, but to reduce the chance that you will need me as your Fairfax DUI / Virginia DWI lawyer in the first place.

What happens to my Virginia DWI prosecution involves a judge who is a former prosecutor or police officer?

Not only do judges dislike DWI behavior, but many are former prosecutors and some are former police officers. Both have been trained and conditioned to accept the Virginia law’s watered-down definition of intoxication, and have limited sympathy to those who violate the Virginia DUI law, and to have substantial caring for victims of drunk drivers. Beyond that, any judge (whether or not a former Virginia assistant commonwealth’s attorney or police officer) or juror is going to look all the more unfavorably on DWI involving high speed or that contributes to a collision, let alone repeat DUI, high blood alcohol concentration (BAC) DWI, and Virginia DWI offenses that maim and kill others. On top of that, so many unsafe drivers are on the road that paying sharp attention and having quick reflexes is all the more important for all drivers, and even some impairment from alcohol or drugs makes it harder to deal with other unsafe drivers.

Should I attempt to talk myself out of a Virginia DUI arrest and conviction?

As a Fairfax DUI lawyer, I know that attempting to talk yourself out of a Virginia DWI arrest and conviction is like digging yourself into a deeper hole with fewer escape options. Be ready for police to mis-hear, misunderstand and even twist around your words. With Virginia DWI investigations, police are already processing and evaluating multiple pieces of data happening simultaneously and one after the other before you even say a word and before you even move any of your body. Anything you say and do in front of the police, therefore, can also make them mis-remember, mis-perceive and misinterpret any general police observations of you, your attitude or actions. Not only does the foregoing happen, but judges dislike DWI and many are inclined to believe police more than suspects in such cases. Consequently, the ideal thing for you to do with any Virginia DWI or other criminal investigation is to know and assert your Fifth Amendment Constitutional right to remain silent with police, your Sixth Amendment Constitutional right to and attorney, and your Fourth Amendment Constitutional right to decline police searches.

How do I avoid that my judges dislike Virginia DWI with a vengeance?

You cannot avoid that your judges dislike DWI. Moreover, as a Fairfax DUI lawyer, I know that in my county it is very hard to determine who your judge will be in General District Court other than figuring that the satellite court judge will be sitting in the satellite courts (those outside the Fairfax courthouse) all week, and that the judge in courtroom 1D may be doing the same. This is all the more reason for you to obtain the right Virginia DWI attorney for you, who can fight well for you regardless of the judge who handles your case.

Should I hire an expert witness for my Virginia DWI case?

Check with your Virginia DUI lawyer about whether you should retain an expert witness for your defense. Commonly I want to review the  BAC data from the Virginia Department of Forensic Science (DFS) to advise my clients about the extent to which an expert witness will be helpful, and to narrow down the list of possible expert witnesses and to determine the scope of their work. Be aware the only a limited number of otherwise suitable BAC defense experts have been trained on the Intox EC/IR II breathalyzer machine through the Intoximeters manufacturer, because Intoximeters generally seems to decline training to such experts, and the DFS seems also to decline that training. That flies in the face of transparent science on such junk science machines that effectively receive a Virginia statutory seal of approval. In short, obtain the best possible lawyer for your Virginia DWI defense. Judges dislike DWI, but are also supposed to dislike police cutting corners, not being able to make their case, and prevaricating. You need a great Virginia DUI lawyer to protect your rights at every step.

Fairfax DUI lawyer Jonathan Katz believes in your right to enjoy alcohol in moderation without being hassled by police, arrests and prosecutions. However, the reality is that police are going to keep probing with each driver on whom they smell alcohol. Call 703-383-1100 to secure your free initial confidential in-person consultation with Jon Katz about your court-pending prosecution.