Virginia DUI deals- Converting DWI and refusal to wet reckless, again

Virginia DUI deals — and all Virginia criminal case negotiating — must be backed with a position of trial-ready strength. As a Fairfax DUI lawyer, I view trial readiness as plan A, B and C, thus making settlement negotiations important, but low stakes by being fully trial ready, and with trial readiness always strengthening a defense lawyer’s negotiating approach. With that backdrop, read on for details of how I recently obtained another wet reckless disposition on original charges of violating the Virginia DUI and reckless driving law.

Will the climate of Virginia DUI deals make me able to convert my DWI prosecution to wet reckless?

Regarding Virginia DUI deals, aside from the general strengths and weaknesses of your defenses — and severity of the Virginia criminal charges against you — you can help write the answer to the foregoing question by obtaining the right lawyer for you and by engaging in self improvement steps, where settlement negotiations and sentencing would otherwise call for one or more such steps. In one particular Northern Virginia courthouse that neighbors Fairfax, prosecutors are under general marching orders not to amend Virginia DUI charges to reckless driving. Recently in another courthouse neighboring Fairfax County, a different prosecutor and a public defender lawyer indicated that fewer wet reckless dispositions are being offered on Virginia DWI cases (prosecuted under Virginia Code § 18.2-266), where I have numerous times in the past obtained such wet reckless results in that county. So-called policies about assistant commonwealth attorneys rejecting wet reckless plea offers need to be challenged and tested by your Virginia DUI defense lawyer.

Why is pleading guilty to DUI for a Virginia refusal dismissal now less attractive in the commonwealth?

Before the law changed in 2020 to allow restricted license applications one month after receiving a conviction for refusing to submit to blood alcohol concentration (BAC) testing — whether through breath or blood testing — Virginia DUI defendants were more willing to plead guilty or no contest to typical first-time DWI sentencing (to include suspended jail and restricted driving) in exchange for dismissing the refusal count. Now, Virginia DUI deals often do not look attractive unless for a wet reckless plea.

What points can my DUI lawyer make in pursuing a wet reckless plea?

Police stopped my client for repeatedly leaving his lane of travel without signaling, as confirmed in the incident dashcam video. The law enforcement officer (LEO) claimed he had an odor of alcohol on his breath. LEO obtained my client’s  consent to perform field tests. He reported that he had knee issues from soccer playing. His overall behavior and police observations gave both sides bets to hedge in negotiating concerning whether a judge would find probable cause for DUI. Arguments in our favor included that the stopping police officer did not speak Spanish (our client confirmed he did not understand English well enough). The very experienced police officer who arrived to conduct field sobriety testing (FST) did not wait for the bilingual English-Spanish-speaking police officer, who arrived soon after he did, for him to start speaking English interspersed with broken Spanish to my client. The prosecutor had not watched the incident video, and I told him how I would use that to my advantage in arguing against probable cause. When the prosecutor told me that a bilingual Spanish officer was present to interpret with my client, I informed him that the interpreting police officer started speaking with my client’s passenger while the FST-administering police officer proceeded with his Spanglish with my client. Regarding Virginia DUI deals, we ultimately reached a wet reckless disposition.

What should you look for in selecting a Fairfax DUI lawyer?

Virginia DUI deals and DWI defense involves not only persuasion about the allegations, but a firm grasp by your Fairfax DUI lawyer on the science involved in Virginia DWI investigation and defense. My devotion to such defense — which comprises 30% of my law practice — coupled with what I have learned through my own experience, working with defense forensic scientists many times, involvement with the National College of DUI defense, and being trained by one of the nation’s top standard field sobriety testing (SFST) trainers to police, substantially enhances my firepower for my clients.

Fairfax DUI lawyer Jonathan Katz pursues your best defense against Virginia DUI and criminal prosecutions. Call 703-383-1100 for your free in-person confidential consultation with Jon Katz about your court-pending case.