by admin | Jun 5, 2013 | Fairfax DUI / DWI
A Breathalyzer is a device that is used for estimating an individual’s blood alcohol content from a breath sample. The Breathalyzer was developed in 1953 from the first practical roadside breath-testing device called the Drunkometer. That product was invented by Robert Borkenstein, a captain with the Indiana State Police and later a professor at Indiana University at Bloomington. Borkenstein revolutionized the enforcement of drunk driving laws by allowing police officers to measure the proportion of alcohol vapors that are exhaled, which reflects the content of alcohol in the blood. Prior to the Breathalyzer, police officers would look for a car that was weaving across lanes between traffic and conduct some field tests to determine if an individual was intoxicated. The did not have any qualitative data verifying that an individual was intoxicated. This made it difficult for evidence to hold up in court. Once put into widespread use the Breathalyzer provided scientific evidence of intoxication. The first place that alcohol is absorbed is within the tissues of the mouth and when fully ingested, it passes from the stomach into the small intestine. From there it is rapidly absorbed into the blood and then distributed throughout the body. The chemical structure cannot be metabolized and remains unaltered and intact. As blood flows into the lungs, alcohol readily evaporates and is released with carbon dioxide that leaves the lung as oxygen replaces it. The concentration of alcohol in the expelled air is related to the amount of alcohol present in the blood. The Breathalyzer measures breath alcohol concentration using a fuel cell gas sensor that is specific to alcohol molecules. While...
by admin | Apr 9, 2013 | Fairfax DUI / DWI, Reckless Driving, Traffic Charges
If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for any reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1) Work 2) School 3) ASAP and ASAP required activities 4) School 5) Medical appointments (for yourself, elderly parent, household members, and children) 6) Your children’s school 7) Your children’s daycare 8) Probation 9) Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one when you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important. Judges are...
by admin | Apr 9, 2013 | Fairfax DUI / DWI
For his entire legal career, Faraji has focused on criminal law and specifically Fairfax criminal cases. As a Prosecutor in Fairfax he handled criminal cases in the County exclusively. This experience is unparalleled in developing an understanding of how DWI cases are handled in Fairfax. The experience of spending years working only with Fairfax judges, prosecutors and police officers provides a deep insight into what legal strategies work and which don’t. It allows an understanding of the way the people who will be making rulings on your case (judges and prosecutors) think and make decisions. It provides knowledge of how good police officers prepare evidence for trial and potential mistakes they may make that can be used to a client’s advantage. Upon leaving the Fairfax County Commonwealth’s Attorney’s office in 2009, Faraji opened his own criminal defense firm. Since 2009 he has focused almost all of his efforts towards representing individuals facing DWI and criminal charges throughout Northern Virginia. Located steps from the Fairfax Courthouse, the majority of the firm’s cases are in Fairfax. This dedication and focus on Fairfax criminal law has allowed Faraji to develop the skill of a seasoned veteran. Individuals charged with a DWI in Fairfax owe it to themselves to select a qualified, skilled Fairfax DWI lawyer. When the freedom of you or a loved one is at stake, it simply doesn’t make sense to leave the outcome up to anything less. After talking for just a few minutes we are so sure that you will end up hiring us that we always offer free no-obligation consultations. There is no risk involved, and we...
by admin | Apr 9, 2013 | Fairfax DUI / DWI
If you are convicted of any type of DWI in Fairfax County, the judge will order you to complete the Fairfax Alcohol Safety Action Program, also called ASAP. After a DWI conviction, the court clerk will give you a date for your initial ASAP evaluation. This date can be moved if it is inconvenient, but if you have a restricted license,meaning you can only drive with certain restrictions, someone from ASAP will need to endorse your license within 15 days. The endorsement indicates that you have signed up for the program and met with a counselor. Failure to get that endorsement done in a timely manner makes the restricted license invalid. You may be able to get your restricted license reinstated, but it is a nuisance. If you drive on an invalid license you will be in violation of your probation. For participants who live outside Fairfax, the program can be transferred to their home county or state. However, the initial evaluation will still need to be done in Fairfax. The Fairfax ASAP program begins with an initial evaluation at the program offices, which are close to the courthouse. During this lengthy interview, the workers at ASAP will determine what level of alcohol education is appropriate for each person. The most commonly prescribed program calls for the individual to attend 10 two-hour classes. The classes are held once a week for 10 weeks. Missing classes is typically not allowed. Failure to comply with ASAP rules can result in ASAP requesting a hearing in front of the judge who sentenced you on your DWI. If the judge believes that you...
by admin | Apr 1, 2013 | Fairfax DUI / DWI
Every case is unique. There are several factors that will have tremendous influence on the ultimate outcome of your case. It is impossible to say definitively predict an end result. That much said certain things take place on nearly every DWI in Fairfax. Court will start at 9:30. The judge will take the bench and begin calling cases. The names called are for those individuals who did not hire a lawyer. Cases where a defense attorney is involved are placed in a separate pile and given to the Prosecutor before court starts. This allows the Prosecutor assigned to the courtroom to talk to the officers in the courtroom about the facts of their specific cases. Practicing DWI law in Fairfax is less formal than most people expect. Typically, nobody from the Commonwealth Attorney’s office looks into cases before the actual day of court. This presents challenges to a defense attorney, but it also presents an opportunity. The downside is obvious. Without knowing what the full evidence is or even what Prosecutor is going to be assigned, clients are often required to make tough decisions on relatively short notice. The upside to this informal set up is tremendous. A good Fairfax DWI lawyer will have been working on the case for some time and will be infinitely more prepared than his counterpart in the Prosecutor’s office. While it is impossible to know every single detail, experience allows a lawyer to get a reasonable idea of what potential issues or defenses may exist with regards to a specific DWI. Additionally, the defense attorney will only be handling one case that day....
by admin | Apr 1, 2013 | Fairfax DUI / DWI, Traffic Charges
If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1) Work 2) School 3) ASAP and ASAP required activities 4) School 5) Medical appointments (for yourself, elderly parent, household members, and children) 6) Your children’s school 7) Your children’s daycare 8) Probation 9) Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one at the same time you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important....
