Switching seats might lead to two Virginia prosecutions rather than only one

Switching the occupant of a car’s driver seat is sometimes practiced to help the actual driver avoid a Virginia DUI prosecution. As a Fairfax criminal lawyer, I know the downsides of doing so include: (1) It is a crime to cover up another person’s criminal action. (2) The person now occupying the driver’s seat exposes themselves to prosecution. (3) If both the new driver seat occupier and the original driver have consumed alcohol, both are now at risk of being charged with DWI. A variation on that theme is when person A has been drinking and has a car accident, the police arrive when nobody is in the striking car any longer, and person B tells the police that B was the driver, in order to seek to avoid a prosecution of person A. On top of all that, any criminal defendant compounds their challenges all the more when then lying to their potential or hired Virginia criminal defense lawyer about who drove, or about anything else about the case, for that matter. What to do? Read on.

What if I have been pressured into switching seats, to take the fall in a Virginia DUI case?

Unfortunately, plenty of crime perpetrators pressure others to take the fall for their crime, whether that be for a Virginia DWI case concerning switching the driver seat occupier, a murder case, or otherwise. The time to start thinking of how you will resist such pressure is now, when not in such a situation, including avoiding associating with people who might get you in trouble or pressure you to do something that might get you into trouble, and being resolute not to give into such pressure. Sometimes a literal gun may be pointed at the head of the person being pressured. This is far from an enviable position.

Cameras and witnesses are ubiquitous. Do not think that your crime goes undetected.

Gone are the days before video cameras at virtually ever street corner and more. Once we leave our homes, we need to expect that our virtually every move is recorded and witnessed. Walter Lamont Moore’s effort at switching driver seat occupants fell flat because an eyewitness saw what he did, and reported that to the arriving police. A restaurant security officer saw Moore back his car into another car in a the parking lot, and then switch seats with the passenger. The guard waited for the law enforcement officer (LEO) to arrive, and the rest is history. Moore v. Commonwealth of Virginia, Record No. 1596-24-1 (Va. App. February 17, 2026) (unpublished).

What do I do if charged with a Virginia criminal offense?

Virginia criminal law is not charitable to defendants, whether a switching case like described above or any other prosecution. Keep that in mind in selecting the best possible criminal defense lawyer for your case. When I as a Fairfax criminal lawyer defend a client, I am doing so backed up with year’s of successful experience with case preparation, trials, negotiations, and (unfortunately, when it happens) sentencing. I work closely as a team with my clients to pursue their best possible defense.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best possible defense against Virginia felony, misdemeanor and DWI prosecutions. A great start to your defense begins with your free initial in-person strictly confidential consultation with Jon Katz about your court-pending prosecution. Usually Jon can meet with you within a business day of your contacting his staff at 703-383-1100, Info@KatzJustice.com and (text) 571-406-2768.