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Virginia DWI Trial Risks - Impaired Driving Hits Home

Virginia DWI trial risks- Be ready for them with the right criminal defense lawyer for you

Virginia DWI trial and court risks can be more substantial than you might realize. As a Fairfax DUI lawyer defending those prosecuted for allegedly driving under the influence of alcohol or drugs pursuant to Virginia Code § 18.2-266, I know you need to avoid being lulled into a false sense of security if your arresting police officer says something along the lines of: "Don't worry. You will probably avoid jail time if you please guilty or no contest. Why bother spending much on a lawyer?" When you do not invest in a great lawyer for you, all you are doing is making the life of your prosecutor and police officer easier and without embarrassment. I remember when a former prosecutor proactively told me: "Jon, my colleagues and I would sometimes chat about which criminal defense lawyers we were going against for the day. When one of us said Jon Katz, someone would ask 'How did you draw the short straw?', in the light of my arrival at the courthouse with my proverbial guns blazing and often with a court reporter in tow, showing all the more how much my client was ready for trial. I asked if that helped my clients, and he responded: "It did with me. I was lazy."

Does my lawyer really need to be ready for Virginia DWI trial risks if I plan to plead guilty or no contest?

Of course your lawyer has to be prepared for Virginia DWI trial risks. Do you not prefer an acquittal to the scarlet letter for a DWI conviction that will increase your car insurance rates, hamper your liberty, can challenge security clearance and employment prospects, and can limit your travel prospects abroad? Do you prefer a not guilty result or dismissal instead of having the cloud of a probation period hanging over your head that risks jail and other adverse consequences if you ever lose a show cause / probation violation hearing that alleges the defendant has violated the criminal law while on probation, or violated any terms and conditions of probation? Fight your case, not in the dark but with a lawyer who knows what s/he is doing, does it well, and will do well for you.

Trial readiness improves your prospects for a favorable plea deal

As you see from the first paragraph of this article, prosecutors can be motivated to give you a more favorable plea deal when they know that your lawyer is a Virginia DWI trial force to be reckoned with. When police have a similar view, that can also help you, because Virginia assistant commonwealth's attorneys / prosecutors commonly consult with the case's lead police officer before finally determining what plea / settlement / negotiation offer to make. Your DUI attorney can at once be a likeable and respectful trial threat to the prosecutor than otherwise. One does not preclude the other.

Doesn't my Virginia DWI trial prosecutor have an obligation to offer me a fair deal?

Your Virginia DWI trial prosecutor has no obligation to offer any settlement to you, let alone a fair one. Do not bank on the notion that prosecutors are too busy not usually to offer fair settlements. I go to my trial dates fully ready for trial even when my client tells me s/he is committed to the last plea offer the prosecutor offered. What if my client on the trial date changes his or her mind? What if the prosecutor is missing an essential witness that makes it foolish for us not to go to trial? What if we draw a trial judge who is known to acquit under circumstances similar to ours? I have had prosecutors make no plea offer other than to plead guilty or no contest to the charge(s), with no agreement whatsoever on anything, whether sentencing, amending counts or eliminating any counts. That is not a plea offer. I know a lawyer who formerly prosecuted in a county whose chief commonwealth's attorney refused to reduce the charges or dismiss any domestic assault prosecutions. Your lawyer must be fully ready for court trials.

How will I get jail if my Virginia DUI case involves no mandatory jail minimum, no collision, and no excessive speed?

True, I have never seen a Fairfax DUI nor any other Virginia DWI DUI defendant receive any active jail time where their alleged blood alcohol concentration (BAC) did not reach the 0.15 BAC mandatory minimum jail threshold and did not involve a collision, excessive speed, a child in the car, or any other similarly aggravating circumstances. However, in a nearby jurisdiction after trial and at sentencing, the judge (who was not charitable to DWI defendants, even though as a criminal defense lawyer he helped pioneer DNA evidence for exonerating those on death row) expressed surprise that the prosecutor was not seeking any active jail time after a witness testified that he had urged my client to not summon his car from the parking garage after a holiday party at that hotel, and with my client's having been a lawyer. I saved the situation by successfully obtaining a new sentencing date, explaining on the conviction date that my client's lawyer status was of limited to no help for him based on his working in a non-litigation area of practice, and getting my client into an alcohol treatment program. Nothing guarantees against a similar approach by a Virginia judge. On a related note, you do not want a bad sentence beyond obtaining only a suspended jail sentence. With a nineteen year old client I had with a non-stellar driving record, the judge made him wait thirty days before allowing him to drive restricted after finding him guilty at his Virginia DWI trial.

How does impaired driving hit home?

A large percentage of people know someone who was hit or injured by a driver who had been consuming alcohol. Some of them get downright hostile about it. Even a Justice Department lawyer I met at a classically politically progressive friend's dinner party seethed at me by email after subsequently learning that my practice includes such cases, that I would even think of representing DWI defendants. One of my most brilliant law professors was very curious how I justified not raining harsh penalties down on those convicted of DUI. Mothers Against Drunk Driving (MADD) constantly pounds the public, lawmakers, police and prosecutors with anti-drinking and driving messages and support for harsh laws that do not fairly connect actual impaired driving to prosecution, conviction and sentencing. (And MADD has no equivalent opposing organization; not even criminal defense lawyers and civil liberties groups match the scale of MADD's work.) To think that your Virginia DWI trial judge is immune from anger over impaired driving is folly, as is the hope that your judge does not know someone who has been injured by a drinking driver. You want to find a lawyer who as a team with you will pursue as much victory as possible, and, in case you are convicted, will show why you are not at risk to commit such behavior in the future.

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

He provided me an excellent defense in my DWI and possession case
I highly recommend Jon for anyone in need of his services. He provided me an excellent defense in my DWI and possession case. He fought for my rights and I had an excellent outcome in my case. I would not hesitate to use Jon again if the need arose.
S. S.
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Tenacious and Fierce Criminal Defense Attorney

Tenacious and Fierce Criminal Defense Attorney with Courtroom Experience and Vast Network of Resources

His tenacity, fierce advocacy, preparation, strategic thinking, execution, negotiating skills and bringing to bear an incredible depth of experience from a career spanning several decades. Through Jon’s representation of me, I observed firsthand, what makes him so exceptional. I have deemed my observation of him as consisting of the “Six A’s” and will present them in sequential order.

First, Jon has “Access.” By this, the first thing you will understand is that Jon’s network of resources and relationships both inside the courtroom and out that may pertain to helping your case. Second, his “Availability” is constant as he is easily reached and immediately responsive to any and all questions or needs. Third, you will find that his “Awareness” of the geography of any legal defense case—no matter its level of complexity—is both broad and deep.

Fourth, representation by Jon demands “Accountability.” Every client of Jon Katz P.C. knows that “homework” and “self-improvement” are baseline expectations. Jon custom tailors these resources to you with the aim of improving your chances to their very maximum during negotiation with the prosecution. Fifth, Jon’s “Advocacy” speaks for itself at trial with his mastery of the law and legal procedure that is layered with a tenaciousness and relentless fighting spirit. He is courageous in court while calm with the client. And sixth, Jon is all about “Action.” He makes it emphatically clear that nothing matters in the end except winning a favorable result. Jon is passionately focused on action by way of delivering results.

Access, Availability, Awareness, Accountability, Advocacy and Action. These are the hallmarks of what makes Jon Katz truly exceptional and the only criminal defense lawyer in Virginia I will ever recommend for representation or referral. In sum, Jon is the living embodiment of the wise master’s most iconic words: “Do or do not, there is no try.”

S. H.
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He helped us every step of the way

Mr. Jonathan Katz is an outstanding lawyer with our case. He helped us every step of the way. He is not a dollar sign of a lawyer, rich or poor he treats them with respect and care and will do above and beyond to get the justice done. He will never leave you hanging instead he will guide you through. Mr. Jonathan Katz treats me as a friend not just a client. We were in the middle of a family crisis when he handled my case. I don’t frankly don’t know how we would have done it without Mr. Katz. My family and I are so grateful for finding him. I highly recommend his law firm. Don’t think second thoughts, he is the only one who can help a person in desperate times.

RB
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