Virginia DUI reckless driving result obtained after blowing into breathalyzer at triple the legal limit- How did Fairfax DWI lawyer achieve this counterintuitive result?

Virginia DUI reckless driving — often known as wet reckless — is frequently the negotiating goal of defendants who recognize a good chance that they will lose at trial for driving under the influence of alcohol and/or drugs. As a Fairfax DWI lawyer, I am still pinching myself over a recent Northern Virginia settlement I achieved, resulting in a wet reckless disposition with no active jail and the option for the ignition interlock to be the only restriction on driving during the six month suspended driving period. This great result returns me to the lesson related to me by a karate practitioner to aim not at the board to break it with one’s fist or foot, but to aim for a point beyond the board. This wonderful settlement also reminds me what my criminal defense teacher SunWolf messaged when I first met her nearly thirty years ago, which is that Reality is No Obstacle. Of course, the Greek saying that the divinity helps those who help themselves underlines that such great results are not obtained by mere wishful thinking nor prayer, rather than faith that hard and skilled work can yield court results better than realistically expected.

Obtaining a Virginia DUI reckless result for triple the legal blood alcohol content (BAC) limit calls for teamwork between the DWI defendant and the lawyer

A DWI defendant prosecuted under Virginia Code § 18.2-266 does not choose to be in court, Nonetheless, once in court, the defendant has no choice but to fully prepare for courtroom battle and to be ready for the following three things: settlement negotiations backed by trial readiness, full preparedness for trial, and full readiness for any sentencing, if it comes to that. Obtaining a Virginia DUI reckless result should not be expected as anywhere near a given for blowing triple the legal limit in the breathalyzer / Intox EC / IR II machine, but as more likely by being fully prepared for trial, and for the prosecutor to know the threat from the defense side that comes with that full trial preparedness. As a Fairfax DWI lawyer, when I first meet with a potential client, I listen closely to the defendant, absorb and analyze their case and defenses, and formulate a tailor-made defense action plan for my proposed teamwork between me and the defendant. For me, this means sprinting out of the gate, fully directing my energy, experience, and dedication to my client’s cause to winning as much victory as possible for them. Some of my best Virginia criminal plea negotiations come when I least expect them, sometimes after I merely say to the prosecutor in passing, something along the lines of: “Since you are not going to agree to a plea of X, we will simply go to trial”, and sometimes the prosecutor agrees to X. Therefore, nothing ventured, nothing gained. The prosecutor wants to have talking points to tell his or her supervisor or the public why s/he agreed to a very defense-favorable-sounding settlement deal. The defendant can help provide that through doing such advance self improvement well before their Virginia DWI trial date as completing a Virginia DMV-approved driver improvement class (online or live); obtaining an evaluation from an alcohol treatment program of the defendant’s relationship with alcohol (which hopefully will classify the defendant as only a social drinker); completing ten or more documented Alcoholics Anonymous / AA meetings (not to act as an admission of alcoholism, but as an expression of devotion to using beer, wine and alcohol responsibly; and attending a Mothers Against Drunk Driving (MADD) victim impact panel (with the option of attending online, for two hours).

The Fairfax chief prosecutor’s aversion to mandatory minimum sentencing may avoid active jail on many elevated BAC cases, but obtaining a Virginia DUI reckless result for triple the legal limit may be helped by a true trial threat from the defense

As a Fairfax DWI lawyer, I know that the county’s chief prosecutor believes in avoiding mandatory minimum jail and prison sentencing when not appropriate. With the current chief Fairfax prosecutor, I certainly have achieved many more no-active jail plea offers where the BAC is well above the mandatory minimum jail threshold, than I achieved under the more tightfisted sentencing negotiating approach of my county’s prior prosecutorial regime. Nonetheless, as I write this, I am still delightedly astounded at recently achieving a Virginia DUI reckless result on a 0.24 BAC result. The prosecutor had a chance of winning; this was not one of those instances where the prosecutor’s chance of winning was so compromised (but still possible) that a favorable plea deal would have needed to come from that direction.

Fully preparing for trial carries the fringe benefit of defensive threat for plea negotiations

When years ago I started practicing sparring in my main martial art, my more experienced sparring partner kindly but firmly told me he did not feel a threat from me. I could have let this statement crush my spirit, or else welcomed it as the gift it was when I had just started my sparring trajectory. If the prosecutor feels no threat from the criminal defense lawyer, they have no incentive to negotiate a settlement that is favorable to the defendant. This defensive threat must be a real threat, and not all bark but no bite, nor baring of fangs that are rubber. When your Virginia DWI lawyer has substantial successful trial experience, that is very beneficial, particularly in this climate where criminal defense lawyers in Northern Virginia bring fewer cases to trial with the current more progressive chief prosecutors, than when their more tight-fisted predecessors led their offices. When I went to court for this and all other cases, I did not know whether I would achieve a Virginia DUI reckless disposition, but I of course was fully open to the possibility of achieving that great result.

Fairfax DUI lawyer underlines to never give up; never give in.

Virginia criminal courthouses are full of prosecutors patting defense lawyers on the back literally and proverbially, but my sole purpose of entering the courthouse is to win for my clients and to win as much victory and justice as possible. I have no concern about losing any friendships by doing so, and do not pursue nor have any friendships with prosecutors against whom I defend my clients, nor do I pursue any friendships with judges. You, my DWI client, have enough to deal with in court than to wonder whether I am buddy-buddy with any prosecutors or judges in the courthouse. I am not. Whether it is achieving a Virginia DUI reckless result or any other favorable disposition for my client, my criminal defense client is my single focus.

Fairfax DUI lawyer Jonathan Katz reinvisions your case to your full defensive potential, in pursuing your most favorable court outcome. Just one meeting with Jon Katz is needed for you to feel more confident and knowledgeable about your defenses. Call 703-383-1100 for your free in-person initial confidential consultation with Jon about your court-pending case.