Virginia aggravated DWI prosecutions involve even more landmines to overcome, says Fairfax DUI lawyer

Virginia aggravated DWI prosecutions under Virginia Code § 18.2-266 and other relevant statutes, bring additional challenges for a criminal defense lawyer to overcome. As a Fairfax DUI lawyer, I repeatedly and successfully tackle these challenges. These aggravating allegations include collisions, high speed, blood alcohol levels requiring mandatory minimum jail, injury, and death. All DUI prosecutions make it crucial to have a highly qualified lawyer. The foregoing additional risk factors make that need all the higher.

Why do Virginia aggravated DUI factors increase my incarceration and collateral risks?

Collisions are among Virginia aggravated DWI factors. Until I am blue in the face, I can argue that enhanced penalties should not be imposed for collisions caused by DUI, in that DUI is outlawed to avoid collisions, thereby making it unnecessary to enhance punishment for a completed collision. Certainly, when the judge or jury convict for DUI and find the necessary statutory nexus between the DWI and serious physical injury or death, the penalty risk automatically rises from a misdemeanor to a felony. On top of that, a third DUI offense within ten years is a felony rather than a misdemeanor. On top of all that, while any DUI conviction is best avoided for those with security clearances, active jail or more than one DWI conviction can create even more challenges for holders and applicants for security clearances.

Should I take proactive self-rehabilitation / self-improvement steps before my Virginia DUI trial date?

Driving under the influence of alc0hol or drugs scares and even angers a wide swath of judges and jurors, and scares them even more when concerned about the defendant’s proclivity to repeat the same behavior. Taking aggressive steps at self rehabilitation and self improvement can be very important for such defendants. For ordinary DUI defendants, I commonly recommend starting or getting an evaluation from a substance abuse program, completing a driver improvement class, attending at least five to ten AA-type meetings, and attending a MADD victim impact panel meeting. When speeding is added to the mix in a Virginia aggravated DUI case, I add that the defendant should obtain a speedometer calibration check right away from a reputable technician (speedometers change daily). For cases involving collisions and high speed, I often recommend seeking a positive prognosis from a psychologist, attending several counseling sessions with a good psychological professional, and tackling dozens of relevant community service hours.

How do I help make the judge and jury not want to feed me to the wolves in Virginia DUI court?

If a Virginia aggravated DUI defendant — or any criminal defendant for that matter — wants a judge and jury to like them and to hesitate to want to convict them and to severely penalize them, the defendant (along with his or her lawyer) will want humanize themselves in court to appear like someone who is not likely to have committed such accused behavior, and certainly as someone who is not going to commit such behavior in the future. This includes proceeding with my foregoing defensive recipe for defendants, and also to accordingly dress, groom and conduct themselves everywhere in the courthouse. The entire experience from arrest to final court date might be even terrifying to a Virginia DUI or criminal defendant. However, no matter how innocent or not you are, you have no choice to fully fight against the prosecution.

Fairfax DUI lawyer Jonathan Katz takes all complexities and hurdles of his Virginia aggravated DUI cases and all DWI and criminal cases, to transform the case to the defendant’s best advantage. Learn about the great things Jon Katz can do for your defense, by calling 703-383-1100 for a free in-person confidential consultation with Jon about your court-pending case.