Results

After the trial in which expert testified that the breath machine had a malfunction, this client’s breath sample was taken on the same machine. Commonwealth decided not to go forward with trial. Nolle Pros.

Client was pulled over at the Jiffy Lube Live checkpoint detail. Client was compliant and did all the field sobriety tests. Despite the criminal complaint claiming there were signs of impairment, none were visible on the body camera footage. PBT was given and was a BAC of .09. After arrest, at the station, the BAC result was a .08. Due to Constitution issues with the checkpoint and the relatively low BAC at the station, the charge was amended to Reckless Driving without the ASAP requirement and without loss of license. Reckless Driving.

Client was pulled over lawfully. There were not many defenses for the merits of the case. However, due to the unique circumstance of this client we were able to negotiate a deal that would not be life changing for him, which included no license suspension. Reckless Driving.

Client was park in a parking lot with some friends. Police arrived and claimed that they were suspicious. Police investigated and saw signs of intoxication and the car was running. Nevertheless, the police did not obtain a breath sample at the police station and could not charge refusal because there was no indication client was driving on a highway within the last 3 hours. Instead, charged obstruction for not providing an sufficient breath sample. Commonwealth declined to proceed to trial on these facts. ALL CHARGES DROPPED.

Our client was charged with DUI 1st in Prince William County with an elevated BAC .15 < .20. The officer testified at trial and the defense team played the body camera footage of the encounter. The video did not match the officer’s account of the facts. The client spoke clearly, did not appear to have bloodshot/glassy eyes and was stable when standing, walking and doing the field sobriety tests. We challenged whether there was probable cause to arrest and the judge determined the client’s 4th Amendment right to unreasonable searches and seizures was violated. Case Dismissed.

In Fairfax County, our client was stopped for allegedly speeding. He pulled over and the officer conducted a series of field sobriety tests. This was a situation where the officer was not prepared to testify at trial. He did not know how to proper administer field sobriety tests, did not properly take notes and provide them, did not fill out the paperwork correctly and overall was unable to articulate in any meaningful way what made him think our client was intoxicated. At the conclusion of the Commonwealth’s case, the defense made a motion to strike the Commonwealth’s evidence and the prosecutor agreed and decided to Drop All Charges.