May 02, 2019 Refusal conviction risks sometimes merit taking Virginia DUI cases to trial
Refusal conviction risks drive many Virginia DUI defendants to fold
Refusal convictions are what such a high number of Virginia DUI defendants want to avoid that many are ready to plead guilty or no contest/nolo contendere to the parallel DUI charge in a deal to consequently enter as nolle prosequi/ not prosecuting the remaining charge of refusing to provide a breath or blood sample to check for alcohol content. As a Virginia DUI attorney, I know the importance of looking before leaping into this and any other guilty plea.
Virginia DUI lawyer on why refusal is chosen by many DWI suspects
Refusing to provide a breath or blood alcohol sample in a Virginia DUI case would seem primarily calculated to make it harder for the prosecution to obtain a DWI conviction, and also to avoid the mandatory minimum jail risks from a blood alcohol content at the thresholds BAC of 0.15 (carrying a five-day mandatory minimum sentence) or higher, and over 0.20 BAC (carrying a ten day mandatory minimum sentence).
Virginia DUI lawyer wins a DUI trial that is accompanied by a refusal count
Risking a Virginia refusal conviction can be worth going to trial on a winnable DUI case. While a refusal conviction means no driving whatsoever during the resulting driving suspension period, a restricted driving for a DUI case is not exactly a picnic. basically limited driving for going to work, home, school, doctor, house of worship and probation obligations. Moreover, Some defendants prefer a refusal conviction to a DUI conviction for such professions as military and health care.
I recently won a Virginia DUI trial that was accompanied by a refusal count. My client allegedly made a moving violation late at night, and the police officer was on my client’s car like a dog to red meat. My client told the police officer that he had recently consumed a significant quantify of alcohol, had some orthopedic issues, but could walk. My client showed some wobbliness with the field sobriety tests.
Fairfax criminal lawyer on the benefits of video
As a Fairfax criminal lawyer, I know that if a picture is worth a thousand words, video footage can be worth a lot more. Although the video on my road to victory, it also showed some wobbly episodes, that was consistent with his orthopedic issues, I argued.
Praised be the reasonable doubt standard that enabled a not guilty verdict for my client’s DUI count. We do not know whether we will win at trial until we go to trial.
Virginia DUI attorney Jonathan L. Katz pursues your best defense against Virginia felony, misdemeanor, DUI, drug, sex and prostitution charges. To discuss your case in confidence with Jon Katz, please call his staff to schedule a meetings, at 703-383-1100.