Proving that somebody is intoxicated is a very difficult, complex undertaking for the Commonwealth of Virginia. A number of DWI defense strategies exist depending on the facts of your Virginia DWI case. Some of the more common DWI defenses include:
Challenging the stop
The police officer must have a valid reason to have initially stopped your vehicle. If he/she cannot show that their reason was valid, the DWI case may be dismissed regardless of what happens after they stop you.
Challenging the DWI arrest
The police officer must have enough evidence to believe that you were probably intoxicated before they place you under arrest. If the police officer cannot show that they had enough evidence to prove that you were probably intoxicated, then there is a possibility that the case may be dismissed, regardless of what happens after you have been arrested.
Challenging the field sobriety tests
The police officer will typically administer a number of field sobriety tests. In court they can testify as to your performance on these tests. The idea being that poor performance on these tests may indicate a level of impairment by the driver. However, these tests are often inconclusive at best. If the officer doesn’t follow and strictly comply with established standards, the test results are even less conclusive.
Challenging the procedure
The collection and testing of breath or blood to determine blood alcohol content (BAC) is complicated and very well regulated. If the police failed to comply with any of the rules or regulations, the case may be dismissed or reduced.
These are just a small sample of possible Virginia DWI defense strategies. Call the Law Office of Faraji A. Rosenthall to discuss your case and see if any of these possible Virginia DWI defense strategies are applicable to your case. During his career as a Fairfax, VA prosecutor, Faraji Rosenthall personally handled over 1,000 Virginia DWI cases. Mr. Rosenthall is an experienced Drunk Driving Attorney.
On September 22, 2012 Virginia State Police enacted Operation Air, Land, and Speed. The traffic safety program targeted motorists traveling in Virginia on Interstate’s 81, 95, 64, 66, and 85. During an intense 10 hour focused deployment troopers with the Virginia State Police applied strict enforcement of traffic safety laws on those 5 roadways. It was the first such effort of its kind.
During those 10 hours troopers issued 1,460 speeding tickets and 455 Reckless Driving citations. An additional 3 arrests were made for DUI and 11 other people were arrested on unrelated felony and/or day charges.
If you’ve been arrested for shoplifting or larceny in Virginia, the most important thing to do is secure competent, experienced legal help. The burden of proof is on the prosecutor, but a mistake on the part of an inexperienced attorney could hand the prosecution the case.
Few crimes in our society carry the stigma of a larceny conviction, and in Virginia, a conviction for any offense, whether a misdemeanor or a felony, stays on your record forever. This is especially important for individuals without U.S. citizenship, as a criminal conviction will seriously jeopardize their presence in the U.S.
Although the crime and its consequences are serious, there remains hope. The prosecutor has to prove several crucial components in order to secure a conviction.
- The prosecutor has to prove that the accused took the property without the property owner’s consent.
- The prosecutor must prove that the stolen property was worth a specific amount in order to establish the charge as either a misdemeanor or a felony.
- The prosecutor must prove that the accused individual actually carried out the crime.
- And the prosecutor must prove “beyond reasonable doubt” that the accused is actually a criminal offender, which is not an easy thing to do.
Here at the Law Offices Of Faraji Rosenthall, I worked as a prosecutor in Fairfax County for several years, which makes me uniquely suited to help you in your larceny / shoplifting case. We prepare extensively before court dates, and are prepared to aggressively pursue a favorable outcome in your case.
Call today for a free consultation (703) 934-0101 where we will happily discuss your case, either face to face or over the phone. We have three offices to serve you in Fairfax, Manassas and Alexandria VA.