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FST refusal- Beware doing otherwise in a Virginia DUI investigation

FST refusal is among your most powerful tools in fighting a Virginia DWI prosecution. As a Fairfax DUI lawyer, I have seen this truism in action time and time again. The importance of refusing field sobriety testing (FST) was re-highlighted for me only two days...

Nystagmus remains junk Virginia DUI science says Fairfax DUI Lawyer

Nystagmus testing for alcohol impairment -- also known as horizontal gaze nystagmus (HGN) -- is junk field sobriety testing (SFST) science. As a Fairfax DUI lawyer, I know that no published Virginia appellate opinion approves of such testing, and this year's appellate opinions on HGN...

HGN testing in DUI cases means little, says Virginia DUI lawyer

HGN testing -- meaning horizontal gaze nystagmus testing -- in Virginia DUI cases is one of the three field sobriety tests (the others being the walk and turn (WAT) test and one leg stand (OLS) test) covered in the student field sobriety testing (SFST) manual...

Lucidity arguments get a DUI arrest suppressed – Fairfax DWI lawyer

Fairfax DUI lawyer wins trial after underlining defendant's lucidity despite his wobbliness with field sobriety tests. Lucidity arguments are particularly important for DUI defendants when their physical coordination is wobbly. As a Fairfax criminal lawyer, I have experienced the benefits of such arguments, including in...

Northern Virginia DUI lawyer urges fighting such charges tooth and nail

Virginia DUI charges should be fought tooth and nail by people charged with such offenses. As a Fairfax criminal lawyer, I know the fallout from a DUI conviction, including loss of liberty through possible jail time and through probation supervision (and, therefore, risk of future...

Virginia DUI pitfalls – Fairfax criminal lawyer on avoiding such traps

Virginia DUI pitfalls loom around virtually every corner for those who get behind the wheel too soon after drinking beer, wine or other alcohol in the Commonwealth. As a Fairfax criminal lawyer, I address below some practical and less obvious approaches to avoiding becoming a...

Virginia DWI defense- Challenging horizontal gaze nystagumus testimony

The horizontal gaze nystagmus test ("HGN") is routinely included among the field sobriety tests. Even if the test's name sounds scientific, in reality the test involve's the police officer having the DWI suspect follow a pen or other stimulus with the suspects' eyes, while the...