by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
HOW TO AVOID JAIL FOR YOUR FAIRFAX COUNTY, VIRGINIA DWI For the vast majority of people who are facing DWi charges throughout Virginia and in Fairfax County specifically, the first question they ask their lawyer is what they can do to avoid going to jail. The first thing that you can do is to make sure that you are not arrested for a charge that requires jail time. If you are convicted of a DWI with an enhancing factor jail time is mandatory. That means convictions for a second or subsequent DWI will be looking at mandatory jail time. Additionally, DWIs with high BACs will also face mandatory jail time. High BAC means anything .15 or above. There are certainly defenses that may be applicable in either situation. For example, out of state DWIs will typically not count. If you were convicted under the law of another state, that state’s DWI law must be “substantially similar” to Virginia’s law. There are very other states that have laws that are substantially similar to Virginia’s. So if your prior DWIs are from another state it increases the likelihood that you can avoid jail time. There are also some judges in Fairfax who have ruled that the law for enhanced BAC may not be valid because of a technical issue with how it is worded. Obviously those issues aren’t helpful if you are someone who has already been arrested and charged. In that circumstance you should discuss your options with your lawyer as soon as they are hired. Depending on the facts of your case, you may be able to leverage a...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
HOW DOES FAIRFAX COUNTY HANDLE ARRESTS FOR DWID (Driving While Intoxicated – Drug Related) Many people are aware that the limit for a dwi arrest is .08. However very few people are aware of how the law handles dwi cases where the person is suspected of being under the influence of some other type of narcotic. These cases present challenges to the Government in a number of ways: Officers don’t deal with them as frequently and may not be properly trained on how to gather evidence Prosecutors don’t handle them frequently and may not be properly trained on how to present a case Expert witnesses are almost necessary for the Government. Generally, the more hurdles that exist to a conviction the better off you will be. DWID cases work exactly the same way. Many drugs, particularly marijuana, stay in your blood well after they stop getting you high. Marijuana in particular is hard, because you can have a very high amount from the something you smoked days ago or a low number from something you smoked minutes ago. Many narcotics simply don’t get processed by the body the same was as alcohol and the system is frequently not set up to prove those cases. Blood tests are often required to be drawn. Blood presents a lot of potential challenges, because the drawing of blood is very well regulated to make sure of accuracy. If the police or hospital make even one mistake it can lead to a case being thrown out. The law that makes it illegal to drive while under the influence of drugs is, 18.2-266, the same...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
How Do Prosecutors in Fairfax County Decide to Reduce A DWI to Reckless Driving For obvious reasons, many people charged with DWI in Fairfax County are interested in having their charge reduced to a “wet reckless”. A wet reckless is a term for a DWI that gets reduced to Reckless Driving with required Alcohol awareness classes. A wet reckless is not technically a punishment, but rather a slang term to describe a resolution of a case. Typically judges don’t think they have the authority to reduce a DWI charge to a Reckless Driving. They are probably right. It is the role of the Prosecutor’s office to determine how people should be charged. Judges are more responsible for determining guilt or innocence. So judges usually think it is there job just to figure out if you are guilty or not guilty of a DWI, not to determine if the charge should be reduced. So with the understanding that the decision on whether or not to reduce the charge is up to the Prosecutor it is important to figure out how they make those decisions. In most cases, the Prosecutor will not be inclined to reduce the charge simply because you are a good person. For whatever reason, be it political pressure from MADD or other organizations, simply being a decent upstanding otherwise law abiding citizen usually isn’t enough to get a charge reduced. Additionally, Prosecutors will usually have to answer to upper management for reductions and many have strict orders to not give reductions based simply on the driver being a good person. In some jurisdictions (Alexandria and Prince William)...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
DWI Plea Bargains: How Can I Get One for My Virginia DWI? DWI or driving while intoxicated is a serious crime in the state of Virginia. There may be several consequences for one slight moment of indiscretion, including jail time, fines, license suspension, and other penalties. But when it comes to this crime, is there a bargaining chip that drivers can leverage to stay out of jail? The answer to this question is that it really depends on the facts of your case. The strongest bargaining chip is a Prosecutor’s concern that they may lose the case. This may be as a result of weak evidence, illegal evidence gathering on the part of the police, or any other problem with the Government’s case. Typically, that you were nice to the officer or have no prior record is not an effective negotiating tool. What’s A Plea Bargain? A lawyer can settle with the prosecution team through a series of discussions. The Pros You’ll Know The Terms Before Accepting – There’s no second-guessing sentences, plus offenders won’t need to endure rigorous and mentally exhausting trials in court. A Bargain Equals Discounted Sentencing – Plea bargains in most cases, allow guilty parties to avoid jail time, get lower penalties, or receive lesser charges. A good example would be a reckless driving charge vs. DWI. The Cons You will be found guilty – On the other hand, if you were to go to court and fight the charges, the case could be dismissed if you prove successful. If you lose, the judge will sentence you based on the circumstances of the case. Some...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
Driving Under the Influence of Marijuana or Other Drugs (DUID) It is illegal to drive under the influence of marijuana and other types of drugs like cocaine, heroin, and in some cases,even prescription medication… Any trace levels of marijuana found during testing can lead to an arrest for DUID. The Consequences of Driving Under the Influence of Marijuana The penalties usually involve fines, license suspension, and possible jail time. As seen, these are treated in the same way as DWI. Upon reinstatement of the offender’s driver’s license, the court may also order the implementation of an ignition interlock device. Ripple Effects of DUID You can be charged with the possession of marijuana in addition to DUID. Notable Questions and Answers for Drivers about DUID Unlike driving under the influence of alcohol for example, how do lawmakers test drug levels in the state of Virginia, which presumably would be used as evidence during trial? Answer: A blood test is usually administered, whereby any trace levels of the substance will serve as proof that the driver was indeed under the influence at the time of operating a vehicle. Since medical marijuana is legalized in the state of Virginia, can you legally drive after using the substance? What if I was smoking legally in the District of Columbia. Answer:It’s still illegal under Virginia law. Nevertheless, this can be tricky to answer and convict, since traces of marijuana can remain in the system weeks after use. Ask your lawyer about defense options if you’ve been arrested for DUID as a result of medical marijuana use in Fairfax County or anytime that you are...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
DO I NEED A LAWYER FOR MY FIRST OFFENSE DWI IN FAIRFAX COUNTY, VIRGINIA The unfortunate truth about DWI cases, is that they can be very hard to win or get reduced. There are a lot of times when it is possible, it certainly isn’t rare. But it will have nothing to do with who you are as a person, or whether you volunteer on the weekends or anything similar. There are times where a prosecutor will offer to reduce a DWI to a wet reckless if the facts of your case aren’t particularly egregious. But as political pressure continues to mount of Commonwealth Attorneys to be hard on crime, it is become less and less common to see an “equity” reduction. That is a reduction that is done solely because the driver is a good person. Rather, cases are largely won or lost on legal issues. Did the officer do something wrong or violate the driver’s rights in some way? Was the machine not working properly? Was the officer have sufficient probable cause to stop the vehicle? Did he have sufficient probable cause to make the arrest? These legal issues are the way that matters get reduced or dismissed. The flip side to that is that if there are no legal issues in your case, if the officer did everything properly and if the breathalyzer machine was working well, it is going to be very hard to get the case reduced or dismissed. This all assumes that you took the breath test and the result was .09 or above. As you are probably aware, the legal limit in...
