Virginia repeat DUI charges need to be fought tooth and nail

Virginia repeat DUI charges bring mandatory jail time if convicted, together with a lengthy suspended driving period. Do not take any DWI or other criminal prosecution lying down. As a Virginia DUI lawyer, I urge you to obtain a qualified attorney work as a strong team with that lawyer, and keep your eyes on the prize of obtaining as much victory as possible in court. Never resolve that your case is a lost cause. All sorts of successful defensive opportunities can present themselves when you have the right Virginia DUI attorney lawyer by your side. Here is an example of a recent eye popping success I obtained in a Northern Virginia court, obtaining a reckless driving result (better than wet reckless, because no suspended driving) for a client facing a mandatory minimum of forty days in jail if convicted under Virginia Code § 18.2-270 of an alleged second Virginia DUI offense within five years with an alleged blood alcohol concentration (BAC) of over 0.20. How did I accomplish this spectacular result? Read on.

Virginia repeat DUI charges are accusations, not convictions. DWI defendants need to remain realistically optimistic while fighting such prosecutions.

Whether with an alleged Virginia repeat DUI offense or any other criminal charge, you need to know that you have both invisible opportunities and challenges ahead in your defense, which a qualified lawyer can help you uncover. How about this for size? Who would have anticipated that when I walked into a Northern Virginia court recently for my client accused of refusing a BAC test together with a second Virginia DUI offense after having been convicted less than five years before for violating the same law — together with a BAC over 0.20 — would leave the courthouse with only a reckless driving conviction (with no active jail time), a fine and no suspended driving? I walked into the courthouse and learned that the prosecutor’s essential witnesses were present for this prosecution, namely the investigating/arresting police officer, the nurse who drew my client’s blood (the police obtained a search warrant for the blood draw) and the Virginia Department of Forensic Science (DFS) scientist who examined the blood.

Convincing a Virginia prosecutor to agree to a case settlement better than DUI

Well before this Virginia repeat DUI trial date, I put the court and prosecutor on written notice that we had a forensic toxicologist coming to testify for the defense. In Virginia General District Court, the defense is not required to disclose his or her expert or lay witnesses, but I often file such a disclosure to foreclose a successful prosecutorial continuance request to respond to such a notice (which a prosecutor might instead pursue if the prosecutor does not have all their necessary witnesses and evidencde present) and to plant and water the seeds towards a beneficial settlement negotiation. On the trial date, I told the prosecutor that our expert witness was present. I spoke with the police officer, the blood draw nurse, and the DFS scientist. The nurse was present for some other cases on that day’s blood DUI docket, but not mine. The nurse did not recognize my client’s case at all. I asked the nurse if that would cause any problem for his testimony, and he answered in the affirmative. I informed the prosecutor what the nurse said (and do not know how much bearing that had on the prosecutor’s agrement to this reckless driving deal), was ready to tell the prosecutor about the strength’s of my case, and shortly thereafter we worked out the great above-described reckless driving disposition with a dismissal of the refusal charge.

Making realty no obstacle

This victory against a Virginia repeat DUI prosecution brings to the forefront that finding and applying our own magic is a common theme at the National Criminal Defense College’s Trial Practice Institute, which I attended for two weeks many years ago. My criminal defense teacher Dr. SunWolf emphasizes that reality is no obstacle. I look at that great lesson as a way to remember that reality is often not reality at all, but perception. Although I do not expect that a thousand chanters can levitate the Pentagon, I do know that Virginia judges, jurors and prosecutors often can be persuaded in ways that never seemed likely in advance of accomplishing the actual convincing.

Your Fairfax DUI lawyer Jonathan Katz does not rest until he finds the best possible path for victory in your court case. Call 703-383-1100 for your free in-person strictly confidential consultation with Jon Katz about your court-pending case.