Overcover your defense risk says Fairfax DUI lawyer

Why should I overcover risk against my Virginia DUI prosecution?

As a Fairfax DUI lawyer, I sometimes hear from my Virginia DWI clients concerns whether following my advice to overcover risk through engaging in self improvement will be seen as admission of guilt, that they do not need self improvement because they have no alcohol problem, and that they do not have time to engage in such a path. I answer each of those three assertions as follows: (1) If the prosecutor thought you were innocent, s/he would not be prosecuting you. If the prosecutor asks me if your self improvement is an admission of guilt, I can reply that it is not an admission, but instead a reassurance to the prosecutor that you will be law abiding moving forward. The judge is not going to know about your self improvement steps before any conviction, so engaging on this self improvement path does not hurt you with the judge. (2) Everyone can benefit from engaging in my usual recommended self improvement steps in defending against Virginia driving under the influence of alcohol and/or drug prosecutions under Virginia Code § 18.2-266, which are completing a Virginia DMV-approved driving improvement program (available live and online) and, in the event of an alleged related serious car crash or very high speed connected to the alleged DWI charge, to consider instead attending the intensive Northern Virginia Lifestyles Learning driving improvement program (everyone can benefit from reviewing driving safety approaches); obtain an appropriate evaluation from a state-licensed alcohol program (this is not self improvement, but a way to show the prosecutor you are a non-problem drinker, or else to show the extent to which your drinking is not more of an issue than it is; attend several Alcoholics Anonymous (AA) meetings or the like (even a non-alcoholic will have their eyes opened about drinking moderately so that they do not suffer the plight that alcoholics do); and attend a two-hour online Mothers Against Drunk Driving (MADD) Victim Impact Panel ($65) (which I have attended to see what the panel is about, and which will make many hesitate about getting behind the wheel after consuming alcohol). (Practical tips for the MADD VIP panel- You will be quizzed at various stages even about such minutiae as what was one of the victim’s favorite things to do for their free time. Fortunately, you get to retake each quiz if you forget one of the pieces of information being asked about. You will photograph yourself to show you are the one in attendance, and your photo will appear on your completion certificate, in case you want to arrange your appearance accordingly.)

How did a Fairfax DUI lawyer obtain a wet reckless result for a 0.14 blood alcohol concentration (BAC) DUI case with a collision with heavy property damage?

With a recent Fairfax DUI prosecution with an alleged 0.14 BAC (just 0.01 below the mandatory minimum five days in jail threshold, if convicted), I obtained a wet reckless driving disposition, with an agreed suspended jail sentence, an elevated fine, six months of restricted driving (whereby the judge authorized my client’s request for the ignition interlock device (IID) to be the only driving restriction), and completion of the Virginia Alcohol Safety Action Program (VASAP), which here should not involve any classes or treatment beyond the minimum ten two-hour weekly classes. My client was accuse of having caused a near head-on collision with heavy property damage to both vehicles. My client followed my advice to overcover risk, through substantial self improvement, and that worked to convert this prosecution to wet reckless, as further discussed below.

How important is it for your lawyer to be known to prosecutors as always being trial-ready and also for your attorney to be an able negotiator?

As a Virginia DWI defendant, you want your attorney to be trial ready at all times, and also to be an able negotiator. With this Fairfax DUI case that I got converted to a wet reckless disposition, prosecutors know I am trial-ready when settlement / plea negotiations do not satisfy my client, and that a large portion of my clients engage in impressive self improvement on my advice to overcover risk. With this particular wet reckless achievement, both the prosecutor and arresting cop expressed being very favorably impressed by my client’s completion of the MADD VIP program. On top of that, the prosecutor mentioned noticing that my clients often present good mitigation evidence for purposes of negotiations. Here, my client followed my above-reference four self improvement steps. I was also able to show the prosecutor that the data I had obtained from the Virginia Department of Forensic Science (DFS) supported that my client’s BAC was probably less than 0.14 at the time of driving, in that his second breath test sample was higher than the first, which supports that his BAC was still rising when tested, and that his BAC was lower at the time of driving.

The benefit of handing the prosecutor a completed settlement sheet with Fairfax General District Court DUI cases

Here and with numerous other Fairfax County General District Court DUI cases, I present the prosecutor with a completed plea deal (Trial Advisement and Plea) form (also called a blue sheet) that is already signed by my DWI defendant client and me, The benefit of proceeding in that fashion is that if the defendant — with the advice of their lawyer — knows they want to make a particular offer, putting it in signed writing can persuade the prosecutor / assistant commonwealth’s attorney all the more to accept the offer, because the signed offer shows finality in resolving the case by the prosecutor’s simply signing off on the blue sheet. I did that with this 0.14 BAC case, and the prosecutor signed my blue sheet without alteration.

Fairfax DUI lawyer Jonathan Katz focuses 30% of his law practice on Virginia DWI defense. Jon Katz is among the small percentage of Virginia DWI defenders who are members of the essential National College of DUI Defense (NCDD) or its equivalent. Jon is among the small number of Virginia lawyers who have been trained by one of the nation’s top trainers to police in administering field sobriety tests (SFSTs / FSTs ) to people who have recently consumed liquor. Get Jon on your side, starting with your free in-person strictly confidential initial consultation with Jon about your court-pending case, at 703-383-1100. Usually Jon can meet you the same day you call or by the next business day.