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Virginia DWI law does not support assuming dissipating alcohol content
Virginia DWI law does not support assuming that a driver’s blood alcohol content was higher at the time of driving than at the time of blood alcohol content (BAC) testing via obtaining a breath or blood sample. As a Fairfax DUI lawyer, I know from working with forensic science experts and reviewing the literature that, after consuming alcohol, a Virginia DUI suspect’s blood alcohol level starts rising as alcohol absorbs into the bloodstream, then plateaus and then dissipates. This truism plus the numerous variables referenced below, mean the Virginia law does not support precluding consideration that one’s blood alcohol level was lower at the time of driving than at the time of testing, and should not allow retrograde extrapolation, whereby a prosecution expert witness opines the extent to which the DUI defendant’s blood alcohol level was actually higher at the time of driving than at the time of BAC testing.
What Are The Seminal Virginia Court Cases That Govern When To Consider BAC At Time Of Driving And Time Of Testing?
Discussed below are the two key Virginia DWI law cases governing when and how to consider blood alcohol content at the time of driving and testing. The Virginia DUI / driving under the influence of alcohol or drugs statutory scheme at Va. Code §§ 18.2-266 and 18.2-269 provides for presumptions that may be drawn from breath and blood testing, but only as a permissive inference and not a rebuttable presumption. Yap v. Com., 49 Va. App. 622, 631 ( 2007). The overall language...
Virginia DWI law does not support assuming dissipating alcohol content Virginia DWI law- Fairfax DUI lawyer addresses rising and falling blood alcohol level and retrograde extrapolation in such defense
Virginia guilty pleas addressed by Fairfax lawyer as the point of rare return
Virginia guilty pleas involve criminal defendants waiving their right to plead not guilty and proceed to trial. As a Fairfax criminal lawyer, I know that guilty pleas, as well as no contest / nolo contendere and Alford plea agreements, (collectively, Pleas, or Guilty Pleas) are entered out of the realpolitik of pursuing reduced risk against Virginia DUI, felony and misdemeanor prosecutions that risk even worse outcomes upon any conviction after a trial. Of course, only by proceeding to trial does the accused have a shot of winning acquittal in the first place. Many criminal defendants have a change of heart after the judge accepts their Plea. That point at which the judge accepts a Plea should be seen as the usual point of no return to a not guilty / trial posture.
What Does The Law Say About Seeking A Plea Withdrawal?
The statute on withdrawing Virginia guilty pleas provides: “A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of a sentence is suspended; but to correct manifest injustice, the court within twenty-one days after entry of a final order may set aside the judgment of conviction and permit the defendant to withdraw his plea.” Virginia Code § 19.2-296. Successfully withdrawing a judge-accepted Plea is an uphill battle even pre-sentencing, and an even steeper battle post-sentencing. For post-Plea presentencing purposes, “whether or not an accused should be allowed to withdraw a plea of guilty for the purpose of submitting one of not guilty is a matter that rests within the sound discretion of the trial court and is to be determined by the facts and circumstances of each case…. [T]he motion should not be denied, if timely made, and if it appears from the surrounding circumstances that the plea of guilty was submitted in good faith under an honest mistake of material fact or facts, or if it was induced by fraud, coercion or undue influence and would not otherwise have been made.” Hoverter v. Virginia, 23 Va.App. 454, 464 (1996) (quoting, with emphasis, Parris v. Commonwealth, 189 Va. 321, 324 (1949)).
What Does The Commonwealth’s Criminal Law Say About Seeking A Plea Withdrawal After Sentencing?
Proving manifest injustice is required to withdraw Virginia guilty pleas after sentencing. Virginia Code § 19.2-296. The Virginia Court of Appeals addressed this in a recent unpublished...
Virginia guilty pleas addressed by Fairfax lawyer as the point of rare return Virginia guilty pleas and their withdrawal- Addressed by Fairfax criminal lawyer pursuing your best defense against criminal prosecutions
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Posted by ___ September 13, 2021
Like all the others in these reviews, I found myself in a stressful legal situation and needed the help of an attorney. After meeting with 3 other lawyers I met with Jon Katz and knew immediately that’s who I wanted to represent me in my case. This man is a master at his craft, and it is easy to see he does everything he can to help his clients and get the best result possible. I went from feeling scared I would lose my career, license, and other things to feeling confident and at ease after hiring Jon. He was constantly keeping me updated and in the loop throughout the entire process and was very quick to answer any questions or concerns that I had. On the day of court I was naturally a little nervous, however once I saw the way Jon Katz took control and how prepared he was the nervousness went away. He was able to get the original charge amended down to a much lesser charge and I couldn’t be happier. Jon helped save my career and I cannot thank him enough. If anyone is in need of legal help do yourself a favor and hire Jon Katz. All of his great reviews speak for themselves.
Criminal Defense Persuasion Through Moving In The Right Direction & Mood
Criminal defense persuasion is not about long, dry, and boring orations, but to adjusting presentation and arguments to the audience’s preference for getting to the point, non-shoddy presentation, not wasting its time, and recognizing that different people veer towards processing information in visual, auditory or kinesthetic (VAK) fashion. As a Fairfax criminal lawyer, I believe above all else in always being fully real and honest in my presentations (even when that might end up looking less polished than otherwise, as too polished can become suspiciously slick), while presenting numerous persuasive word pictures in suitably entertaining fashion, and to draw the judge and jury into the circle of the story, which enables them to both see and hear my arguments and persuasion — and even sometimes to summon smell, taste and touch memories — and to be moving in their minds and selves with the action even while their bodies are in one place, thus serving the VAK approach.
Did You Do It? Getting To The Heard Of The Matter In Criminal Defense Persuasion
Many of my own great victories in criminal defense persuasion are inspired by what I learned early on in my criminal defense career from others. Among those greatest inspirations is the great criminal defense lawyer John Delgado of Columbia, South Carolina, and his amazing recreated defense of a murder suspect who confessed the crime to the police. John was masterfully captivating in direct-examining his fictitious client who had confessed to a murder not because he had actually committed a murder, but because his love life had collapsed and he had given up on life, and because he was surrounded by intimidating police in a small room when he gave his false confession.
John started his captivating criminal defense persuasion direct examination of his client with the question that is on the minds of all criminal trial jurors: “Did you do it?” “Did you kill Horace Gold?” And not long after his client answered no, John masterfully created a picture — a good one always being worth more than a thousand words — by asking his client who in the courtroom was present in the interrogation room (in real life, testifying witnesses must ordinarily wait in the hallway when not on the witness stand), and calling each of those witnesses (by pointing at them with his index finger, and using a palm down hand when pointing towards a non-opponent) to stand precisely where the defendant testified they stood in relation to the accused in the witness room, to the point that finally there were jurors probably feeling suffocation at the proverbial lack of oxygen in that interrogation room as the defendant confessed to a murder that he did not commit.
Making The Criminal Defense Lawyer An Entertaining And Likable Catalyst To Victory, And Not An Obstacle
An effective Virginia criminal defense lawyer shows up in court well prepared and organized, having internalized the essential case information and applicable law for criminal defense persuasion, and ready...
Criminal defense persuasion through moving in the right direction & mood Criminal defense persuasion addressed by Fairfax DUI / Virginia criminal lawyer pursuing your best defense. Call 703-383-1100
Making someone a judge does not elevate them above human status. Absent any fair court trial, the allegations seem very compelling that now-late judge Jonathan Newell set up a bathroom vjdeo camera to make child po*******hy. https://www.nbcnews.com/news/us-news/maryland-judge-who-was-about-be-arrested-fbi-kills-himself-n1278987
FBI agents sent to arrest Maryland judge find him dead, officials say Agents were sent to arrest Caroline County Circuit Court Judge Jonathan Newell on federal charges of sexual exploitation of a child, authorities said.
Criminal defense challenges with a tough-seeming judge
Criminal defense challenges abound in court, and sometimes include facing an angry judge. As a Fairfax criminal lawyer, I know that dealing with judges, prosecutors, opposing witnesses and others showing anger — whether real, feigned or exaggerated — is par for the course. When the angry person sees that the criminal defense lawyer is unfazed by that anger while being fully considerate of everyone in the courtroom, the anger can dissipate. One of the many reasons why it is important for a Virginia criminal defendant to obtain a qualified lawyer is to deal with such situations that could cause a neophyte substantial stress and accompanying distraction. This article addresses how I handle such challenges.
Criminal Defense Challenges Of Approaching A Judge’s Angry Words As The Gift Of Information That They Provide
If a judge harbors negative views or feelings about me or my client, it can be better that I know those views than not, so long as they are not expressed in front of the jury. Only through knowing those views can I know what to listen to and sense, and how to adjust and persuade accordingly. I learn more information and intelligence from a yelling person than from a silent person. A key in dealing with angry people and everyone else is to never try to manipulate them, never to give them your power, and to have compassion for them without shortchanging taking care of yourself. Criminal and DUI defense challenges include being powerfully and persuasively unflappable no matter the obstacle.
When An Angry Judge Is Akin To A Lion With A Thorn In His Paw
The old story of the angry seeming lion who becomes calm once a thorn is found in his paw and removed, applies to many people. Their anger may or may not have anything to do with the criminal defense lawyer or his client. On that note, like a river, a person is not the exact same being from moment to moment nor day to day. Our favorite judge can disappoint us more from seeming to turn on us, than our least favorite judge doing the same. They can have epiphanies, and among criminal defense challenges is to help them reach clarity to our favor, in part by polishing our own mirror and following these other criminal defense-winning steps. When the judge sees that the lawyer knows how to do his or her job and how to not waste the court’s time, an angry judge may simply let the lawyer fully pursue...
Criminal defense challenges with a tough-seeming judge Criminal defense challenges in Virginia court addressed by Fairfax criminal lawyer Jon Katz, pursuing your best defense in court.
"Robert E. Lee statue removed from base"today in Richmond https://youtu.be/tukhHv8FOfE See minute 44:00.
WATCH LIVE: Robert E. Lee statue being removed A statue of Gen. Robert E. Lee is being removed in Richmond, Virginia.
Virginia Criminal Prosecutions- No More License Suspensions For Drug Cases
Virginia criminal prosecutions resulting in convictions for drug offenses previously brouht a mandatory six-month driving suspension, each run consecutively to the other count, and for dispositions under Va. Code § 18.2-251 as well. As a Fairfax drug and criminal defense lawyer, I know that the commonwealth’s law wisely changed in 2020 to eliminate that state of affairs. This blog entry is meant to make this law change clear, because a Google search does not seem otherwise to display such an explanation, and it seems that not all Virginia drug defendants know about this law change.
What Did The Superseded Law Say About Driving License Suspensions For Virginia Criminal Prosecutions Resulting In Drug Convictions?
The superseded drug-license suspension law, codified as Virginia Code § 18.2-259.1, provided that in Virginia criminal prosecutions alleging a drug law violation, as well as a 251 disposition, operated to deprive that person “of the privilege to drive or operate a motor vehicle… in the Commonwealth for a period of six months from the date of such judgment or placement on probation.” The history of the 2020 governor-passed legislation repealing the foregoing statute is here and here.
Do All Judges Know That The License Suspension Requirement For Drug Convictions Has Been Repealed?
When I recently obtained a 251 disposition...
Virginia criminal prosecutions- No more license suspensions for drug cases Virginia criminal prosecutions for alleged drug offenses addressed by Fairfax criminal lawyer successfully defending 1000's of defendants
Virginia Dismissal Statutes Explained By Fairfax Criminal Lawyer
Virginia dismissal statutes in criminal cases start in the form of mutually consented-to dismissals, and a prosecutor’s nolle prosequi (not prosecuting) motion. As a Fairfax criminal lawyer, I know that the consented-to dismissal scenario comes from a recent legislative change, and the nolle prosequi statutory scheme has been the same for decades in the statutory law. Clearly, neither lawyers not judges should mix up the two.
Statutory Law Trumps Prior Judicial Pushback Against Consented-To Criminal Case Dismissals
Among Virginia dismissal statutes is the one that took effect this year, in 2021 — after judicial pushback, at least against self-styled progressive and reform prosecutors — and provides in pertinent part: “Upon motion of the Commonwealth to dismiss a charge, whether with or without prejudice, and with the consent of the defendant, a court shall grant the motion unless the court finds by clear and convincing evidence that the motion was made as the result of (i) bribery or (ii) bias or prejudice toward a victim as defined in § 19.2-11.01 because of the race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin of the victim.” Virginia Code § 19.2-265.6.
Virginia Judges Have No Choice But To Abide By This Dismissal Statute And All Virginia Statutes, Unless Unconstitutional
The above-described provision among the Virginia dismissal statutes may grate on various judges, which makes it wise for criminal defense lawyers to bring a copy with them to court to underline the absence of judicial discretion to grant any consented-to dismissal motion absent (1) bribery or (2) bias or prejudice toward a victim. Judges are generalists, handling a multitude of criminal and civil matters. We persuade judges and everyone else not by showing anger nor irritation...
Virginia dismissal statutes explained by Fairfax criminal lawyer Virginia dismissal statutes addressed by Fairfax criminal lawyer pursuing your best defense against Virginia DUI & criminal cases
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Mary Nerino is a Criminal Defense attorney in Fairfax, Virginia.
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