Serving Fairfax and beyond Defense Attorney Fairfax

Repeat client. Client had a good basis to fight the DWI charge in this matter as he refused all field tests and only blew a .06 which is under the legal limit. However, his license had been revoked previously so we had no defense to that charge. That charge was also worse due to mandatory time required and how the sentencing guidelines are calculated. Client is a disabled veteran with documented disorders so we worked to get him into the Veterans or Mental Health Treatment dockets but he was not eligible due to his record. Counsel worked with the Commonwealth Attorney to work out an agreement to plead to just a DWI -3^rd with the CA office capped to argue for a sentence to not more than 8 months which was the low end of the guidelines. We presented a detailed sentencing memo and documentation that client was in need of treatment and services not jail.

Outcome: Judge gave client the mandatory minimum of 90 days which was below the sentencing guidelines.

Client had a protective order issued against him and appealed it up to the Circuit Court. We spent a month fighting a huge DC law firm that was handling the petitioner’s case pro bono. The firm tried to paper us to death with discovery requests and depositions. They had 5 lawyers (a partner, senior attorney, and 3 associates) in court for our 2 day trial.

Outcome: Judge dismissed and wrote an order stating they had fallen short on all 3 elements that needed to be proven.

Client’s wife charged him with domestic assault and battery because she was mad at him. She admitted there had not really been an assault and there were many other issues in their marriage. Based on my advice to her that it was a conflict of interest for me to represent them both, she hired her own attorney.

Outcome: Commonwealth Attorney nolle prossed the case based on complaining witness asserting her 5^th amendment right to remain silent.

Client’s car caught fire while driving home from a snow day lunch. He pulled over into American Legion parking lot into a spot right in front of a tree although he could not see due to smoke. Witnesses called 911 and he was pulled out of the car by the officer. At trial in general district court he was found guilty and we appealed due to the legal issues and impeachment issues we had in the case. There were issues with whether he was on private property which could have impacted implied consent laws. During the trial the officer testified the keys were in the ignition and looked like regular keys and that he had pulled him from the front of the vehicle to avoid the fire. When we appealed we were able to present the conflicting evidence to the Commonwealth Attorney that the private property issue was still valid, that the car was a keyless ignition vehicle not one that worked with a regular key in the ignition, and that citizen witnesses and firefighters indicated Client had been pulled from back of vehicle. Blood result was .20.

Outcome: Commonwealth Attorney nolle prossed the case in Circuit Court and client was able to get his case expunged.

A police officer in northern Virginia was charged with DWI (.11 BAC). The driving and standardized field tests and interaction with the officer on scene were not in Client’s favor and given his military background and substance abuse issues we tried to get him into the Veterans Docket. Ultimately, the Commonwealth Attorney who approves entry to that program elected to amend the charge versus having him complete the veterans docket.

Outcome: Charge was amended to reckless driving with a fine, suspended jail, and a loss of license with restricted privileges.

A pro athlete for one of DC sports teams was charged with a DWI. We filed a motion to suppress to challenge reasonable articulable suspicion for the stop. Officer testified it appeared the client “almost went on the wrong side of a median dividing the lanes.” Judge found that the stop was bad as there was no law that was violated by client.

Outcome: Dismissed and client expunged.