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Virginia Department of Forensic Science

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Fairfax DUI first trial dates- what to expect

Fairfax DUI first trial dates need full advance preparation by you and your Virginia DWI lawyer. Do not let any casual or breezy tone of others in the courthouse fool you as a defendant accused of driving a motor vehicle or boat under the influence...

Attestation binds Virginia breath technicians in DUI cases

Attestation clauses (AC's) need to be signed by breathalyzer machine operators to effectuate the Virginia law that gives prosecution-friendly meaning to such testing. Virginia Code §§ 18.2-268.9, 19.2-187, and 19.2-187.1. As a Fairfax DUI lawyer, I religiously check the certificate of analysis for whether the...

Virginia police untruths to obtain a criminal suspect’s confession

Virginia police untruths to extract a criminal suspect's confession for decades have been permitted, to a point, by the Virginia Supreme Court. As a Fairfax criminal lawyer, my view is that evidence of such law enforcement prevarication can then be used to argue at trial...

Squeezing Gold from Breathalyzer Data for Virginia DUI Defense

Squeezing beneficial data from breathalyzer / Intox EC/IR II data is what I do for all Virginia DUI defense cases. As a Fairfax DUI lawyer, I have repeatedly experienced the benefits of doing so. Analyzing and deconstructing this DWI breath testing data at first blush...

Breathalyzer challenges in VA DUI cases – View of Fairfax criminal lawyer

Breathalyzer challenges are an essential part of defending against Virginia DWI prosecutions. As a Fairfax criminal lawyer, I dissect such evidence with a fine-toothed comb. Before ever arresting for an alleged DWI violation, police repeatedly ask Virginia DUI suspects to blow into the roadside handheld...

Possession versus trafficking of drugs – Fairfax criminal lawyer weighs in

The criminal defense needs to be ready to raise and attack the following circumstances in prosecutions for possession to distribute drugs: Weight: Significant weight of the alleged drugs by itself does not constitute intent to distribute. For instance, when a medicinal user of marijuana finds...