Case Results

Case Results

The results of any criminal or traffic case depend on the facts and circumstances of each case and the Prosecutor and Judge who has been chosen to handle the case. Past results do not guarantee future success.

3.29.17
DUI. BAC of 0.11. (Fairfax GDC)
Result: Dismissed.
Interesting Factors: Went to trial on this case. While the video did not show the image of the Client (the Officer had the video pointing in the wrong direction) you could hear the audio. Argued to the Judge that Client’s speech was articulate and responsive. This lead to doubt that the Client was possibly intoxicated at the scene and case dismissed on Probable Cause.)

3.28.17
DUI
Reckless by Speed
Refusal.  (Fairfax GDC)
Result: Refusal and Reckless dismissed.  Plea of Guilty to DUI.  $500 fine with $250 suspended ($250 fine), 90 days in jail with 90 suspended (no jail), Twelve months loss of license with the ability to drive to and from work and school; Installation of ignition interlock.  After six months, can file a motion to have it removed; Successful completion of ASAP.

Interesting Factors: Could have gone to trial, but even if won the DUI, being found guilty of Reckless and Refusal was likely.

3.27.17
DUI
Refusal (Arlington GDC)
Result: DUI Dismissed.  Plead Guilty to Refusal.  180 days in jail with 176 suspended (4 days in jail. Serve 1/2 time so that would be 2 days to serve); 6 mos loss of license.  Can petition for a restricted; $1500 fine with $1200 suspended ($300 fine); ASAP.

Interesting Factors: Client was a legal immigrant.  Hired an immigration attorney who stated that he would likely be deported if was convicted of DUI.  This was a major victory because he was only found guilty of first offense Refusal, which is not a crime.

3.24.17
Reckless Driving (33mph over the limit) (Alexandria GDC)
Result: Speeding (19mph older the limit) conviction
Interesting Factors: The driver had an awful speeding ticket record and had been ordered into traffic school by the DMV. The prosecutor credited his DMV traffic school, effectively giving him double credit. By lowering the alleged speed, the DMV will assign fewer demerit points.

3.22.17
Reckless Driving (82mph in a 70mph zone) (Emporia GDC)
Result: Defective Equipment conviction (which is not a moving violation).
Interesting Factors: The driver lived far from Virginia and our lawyer was able to resolve this case in his absence. His out-of-state record was clean for the past four years, but was spotty prior to that.

3.22.17
Felony Child Abuse & Neglect, DUI 2nd Offense in Five Years with Elevated Blood Alcohol Level of 0.17, Reckless Speeding 125 mph in a 70 mph zone (and while using Face Time), Possession of Marijuana, and Unbuckled Minor. (Caroline GDC)
Result:  Felony dismissed. No seat belt for Minor, and Possession of Marijuana also dismissed.  Plead guilty DUI 2nd in 5 yrs with a BAC of .17.  12 months in Jail with 6 months suspended.  30 days are mandatory minimum.  (Serve 30 days + 1/2 of the remaining 5 mos. = about 3 1/2 months of jail).  Three year loss of license. Can petition after 1 yr. for restricted with interlock in the car. Successful completion of ASAP.  $500 fine.  Guilty Reckless Driving at 125 mph. 12 months in Jail with 9 months suspended. (1/2 time for3 months is 1.5 months of actual jail)  6 mos loss of license.

Interesting Factors:  As you can see from the list of charges, getting out of this case without a Felony was a major success.  DUI, 2nd Offense, high blood alcohol, unbuckled child in the car, speeding 125 mph while doing Face Time.  Resulting in no Felony and approximately 5 months in jail.

3.16.17
DUI – Drugs (Clarke GDC)
Result:  Plea of Guilty.  No jail and a Restricted license to enable client to get to medical appointments for Client and family member.  $500 fine with $250 suspended ($250 fine); 120 days in jail with 120 suspended (no jail);12 months loss of license with the ability to drive to and from medical appointments for Client and family member, Ignition interlock for one year (Can petition to have it removed after 6 months.); Successful completion of ASAP

Interesting Factors:  A person can be convicted of DUI for things other than alcohol.  Prescription drugs – even those prescribed to a person by his doctor – can cause intoxication.  This case, drugs prescribed by a doctor that were in too high a dose caused our client, through no fault of his own, to drive erratically.  Unfortunately the law does not provide for an exception.

3.15.17
Failure to Yield to Pedestrian – Resulted in death to Pedestrian.  (Alexandria GDC)
Result:  $30 fine
Interesting Factors:  This case went to trial.  We convinced the Prosecutor that even though the Pedestrian was killed, the intersection itself was dangerous.  We showed VDOT records of changes in the crosswalk lights and traffic lights trying to correct what was a confusing intersection.  Prosecutor was honorable and did their job correctly by not amending to a Felony because this was truly just an extremely unfortunate accident.

3.14.17
Possession with the Intent to Distribute Marijuana – Felony
Distribution of Marijuana – Misdemeanor  (Fairfax GDC)
Result:  Felony dismissed.  Plead guilty to Misdemeanor. 12 months in jail with 10 months suspended.  Serve 1/2 time on Misdemeanors, so that will be 30 days in jail. $250 fine. Driver’s license will be suspended for 6 mos.  That is required by law.  Eligible for a restricted license.

Interesting Factors:  Do not sell drugs.  While many people do not think Marijuana is a big deal, the law in Virginia thinks it is.    Normal result is a Felony record for the rest of your life and prison.  Under the circumstances, being found guilty of only a Misdemeanor and serving just 30 days in exchange for never having a Felony conviction on the criminal record for life was a great outcome.

3.13.17
Possession of Marijuana (Prince William GDC)
Result: Case Dismissed
Interesting Factors: The prosecutor agreed to postpone our client’s court date for six months. During that time, he will do 50 hours of community service and submit to monthly drug screens. After six months, the prosecutor will ask the court to dismiss the case. This is different from the “first offender program,” because (1) there is no mandatory 6-month license suspension as required by that program and (2) our client will be able to expunge his arrest, which is not possible after that program.

3.9.17
Sexual Battery (Prince William GDC)
Result: Simple Assault & Battery conviction, no jail
Interesting Factors: We negotiated a plea agreement to change the charge from a sex offense to a non-sex offense misdemeanor. However, our client rejected the agreement and wanted to go to trial. At the last moment, he changed his mind and accepted it. He entered an “Alford” plea, wherein he did not admit to any wrongdoing but agreed to a plea agreement anyway. The punishment was slight – no active jail, no supervised probation, and no fine. He need only remain crime free for a year and have no contact with the complaining witness.

3.6.17
Domestic Assault & Battery (Arlington JDR)
Result: Case Dismissed
Interesting Factors: Seconds before trial, the prosecutor dropped the case unconditionally. We persuaded the prosecutor that the evidence showed that the complaining witness was the one who assaulted our client and that our client merely acted in self-defense.

3.1.17
Reckless Driving 89 mph in a 55mph zone. (Fairfax GDC)
Result:  Plead Guilty.  $250 fine.  No jail. No license suspension
Interesting Factors:  While jail is not a normal outcome a 89 mph (usually jail is only in play for a person with a good record at speeds greater than 90 mph), a license suspension almost always results at a speed of 89 mph.  Client needed license to work so accepted this deal.

2.28.17
Felony Hit & Run (injury to a person and damage to attended property with a value of greater than $1000) Reckless Driving  (Colonial Heights GDC)
Result:  Felony amended down to a Misdemeanor without jail.  80 hours of Community Service.  12 months in jail with 12 months suspended.  (No jail if do not get another charge over the next three years and follow the rules of probation.)  Evaluated by Community Corrections to see if alcohol or drug education needed.   DMV will revoke commercial driver’s license for one year but no restrictions on personal driving.  Plead Not Guilty but stipulated facts sufficient for guilt on a Misdemeanor Reckless Driving – Not Under Proper Control. $500 fine.  12 mos in jail with 12 mos suspended.  (No jail if do not get another charge over the next three years and follow the rules of probation.)

Interesting Factors:  This was a case where a truck driver struck a VDOT maintenance truck on I-95 and did not stop.  Getting the Felony dropped to a misdemeanor and no jail, under the circumstances, was an amazing outcome.

2.27.17
Reckless Driving by Speed.  95 mph in a 60 mph zone which was a “Highway Safety Corridor. (Prince William GDC)
Result:  Plea of Guilty.  60 days in jail with 60 days suspended (no jail as long as not convicted of another serious offense in the next year).  $250 fine doubled for being in a highway safety corridor.

Interesting Factors:  Most Judges in Prince William, and elsewhere for that matter, have an unwritten rule that the Defendant will receive one day in jail for every mph over 90 in a 55 mph zone.  So this case would have normally resulted in 5 days in jail and an outright loss of license for 6 months.  We pointed out that our client had an excellent driving record, great grades and was an otherwise superb citizen.  We also had our client attend a special driver improvement program which we recommended.

2.27.17
Frequenting a Bawdy House (Fairfax GDC)
Possession of Marijuana
Result: Cases Dismissed (the Bawdy House charge summarily dismissed, the Marijuana charge will be dismissed through the “first offender” program).
Interesting Factors: There was a dispute as to whether our client had really requested any sexual services of an alleged prostitute. Although circumstances were suspicious, it was arguable that he was only seeking a massage.

2.23.17
Driving Under the Influence of Alcohol, Second Offense within 10 Years (Prince William GDC)
Result: DUI, First Offense conviction
Interesting Factors: The second offense conviction would have carried a mandatory 10-day jail sentence and a three-year license suspension. By reaching a compromise, the prosecutor reduced the case from a second to a first offense. As a result, our client served only 5 days in jail (or 4 with credit for his time upon arrest). He also suffers only a one year license suspension, as opposed to three. We persuaded the prosecutor to reduce the charge by pointing out an error in prior conviction paperwork.

2.17.17
Driving Under the Influence of Alcohol (Fairfax GDC)
Result: Case Dismissed
Interesting Factors: Our client was seized and arrested at a sobriety checkpoint. We filed a Motion to Suppress on the basis that the checkpoint was being operated unconstitutionally by police. On the day of trial, the prosecutor was missing a witness she didn’t think she needed to prove the time of the seizure. (One of our arguments was that the checkpoint had been operated 15 minutes longer than the time set for the in the approved plan). She asked for a continuance, the court denied it, and she dismissed the case rather than go to trial.

2.9.17
Reckless Driving Fatality – Excessive Speed for Conditions (Loudoun GDC)
Result: Case Dismissed
Interesting Factors: In this tragic car accident, our client struck and killed bicyclist on his way to work. The bicyclist was in a marked cross-walk with flashing lights at both the intersection and at the approach to the intersection. Unfortunately, the morning sun blinded eastbound traffic. The prosecutor argued that our client had been going too fast into the sunshine. We called two witnesses who testified that the sun glare appeared suddenly and that they, too, didn’t see the bicyclists. After an all-day trial, the court found our client Not Guilty.

1.31.17
Domestic Assault & Battery (Fairfax JDR)
Result: Case Dismissed
Interesting Factors: There is a “first offender” program for these cases. However, cases dismissed by this program are not “expungable,” meaning that they can remain on one’s record forever. In this case, we were able to arrange with the prosecutor for a private deal. Our client agreed to complete a mental health evaluation and follow up treatment, and to enroll in an in-person anger management program, and the prosecutor will drop the case.

1.30.17
Domestic Assault & Battery (Prince William JDR)
Result: Case Dismissed
Interesting Factors: This case went to trial. Half way through the trial, seeing how the prosecutor’s evidence was developing, our client changed his mind and wanted to change his plea to guilty. We negotiated a plea agreement to the “first offender” program. This results in a dismissal after completing an anger management program, a probationary period, and a no-contact rule against the complaining witness.

1.30.17
Hit and Run (Fairfax)
Result: No criminal charges filed.
Interesting Factors: Police were investigating a possible Hit and Run. There was no witness identification. The two registered owners each hired lawyers who declined to let the police interview either one. Unable to determine if either owner, or a third party, was the person involved in an accident, police could not lawfully charge anyone.

1.26.17
Driving Under the Influence of Alcohol, Second Offense within Five Years (Prince William GDC)
Driving Under the Influence of Alcohol, First Offense
Hit and Run
Hit and Run
Result: Driving Under the Influence of Alcohol, First Offense conviction

Interesting Factors: In this unusual case, our client was charged with a DUI, a Hit and Run, and a Refusal of Tests. A few weeks later she was charged with a second DUI and a second Hit and Run. She was facing a mandatory minimum jail sentence of 20 days on the second DUI, alone. The four crimes so close together (and the Refusal charge) didn’t make her seem that sympathetic to the prosecutor. In the first accident, the allegation was that she struck an attended car, clipping the side mirror. In the second accident, the allegation was that she struck two cars stopped at a stop light next to a police officer. We reached a global disposition in this case. In exchange for dismissing the two Hit and Runs and the Refusal charge, she agreed to plead guilty to a first offense DUI. Her punishment was a net 9 days in jail (including credit for time served the day of one of her arrests), a $250 fine, a requirement that she complete the VASAP alcohol program, and a 12-month suspension of her license. There were strong mitigating circumstances in this case that led to this result.

1.23.17
Domestic Assault & Battery (Fairfax JDR)
Result: Case dismissed
Interesting Factors: The complaining witness hired her own lawyer who asserted her right against self-incrimination. Without her testimony, and with evidence of mutual combat, the prosecutor agreed to dismiss the case without precondition.

1.19.17
Accident: Failure to Pay Full Time and Attention (Fairfax JDR)
Result: Case Dismissed
Interesting Factors: Our client was the rear driver in a rear-end collision. We did not dispute that she caused the collision, rather we argued at trial that there was no evidence that she was doing anything other than paying full time and attention to her driving. After a trial, the court found her Not Guilty.

12.14.17
Petit Larceny
Result: Case Dismissed
Interesting Factors: This case involved the use of self-checkout machines. It was objectively arguable that our client misused the machines, but the circumstances seemed suspicious. The retailer’s witness had tapes of prior instances where they thought our client had similarly misused (in their opinion) the machines. Rather than run the risk of loss at trial, and in exchange for the prosecutor agreeing not to bring larceny charges for all of the other incidents alleged, our client agreed to a “first offender” program dismissal. He paid restitution, agreed to perform 50 hours of community service, and was placed on unsupervised probation for a year.

1.12.17
Reckless Driving (94mph in a 70mph zone) (Fauquier GDC)
Result: Reckless Driving conviction, but no jail
Interesting Factors: In Virginia, those driving over 90 mph often get an active jail sentence and a license suspension. In this case, the prosecutor was demanding jail as part of any compromise. Our client decided to plead guilty and let us argue the sentence in the absence of any agreement. There were strong mitigating circumstances in the case. The judge ordered no active jail and a small fine. There was not even a license suspension. Our client was very relieved.

1.10.17
Driving Under the Influence of Alcohol (Stafford)
Result: Case Dismissed
Interesting Factors: Our client was arrested for DUI with a very low blood alcohol level test score – only 0.06. The “legal limit” is 0.08. We tried to get the prosecutor to drop the case or to, at least reduce it to a traffic offense of some kind. (Few prosecutors choose to prosecute such a case). However, he insisted on a DUI conviction and our client refused to plead guilty. We had a full trial. The prosecutor called to the stand a forensic toxicologist as an expert witness to try to testify that our client’s low test score did not reflect the higher alcohol content in her system at the time she was driving an hour earlier. We brought our own expert witness to rebut the government’s evidence, but didn’t even need to have him testify. We were able to get necessary concessions from the prosecutor’s own expert that it wasn’t necessary. The court found our client Not Guilty.

1.3.17
Driving Under the Influence of Alcohol (Fairfax)
Result: Improper Driving conviction
Interesting Factors: Our client was arrested for DUI with a very low blood alcohol level test score – only 0.06. The “legal limit” is 0.08. The prosecutor agreed to reduce the charge to Improper Driving, which is a mere traffic infraction. Our client chose not to take any risk of losing at trial and accepted this compromise. He paid a small fine and also pled guilty to Speeding in a School Zone.

12.20.16
Reckless Driving (101mph in a 65mph zone) (Prince William GDC)
Result: Reckless Driving conviction, but no jail
Interesting Factors: Virginia, those driving over 90 mph often get an active jail sentence and a license suspension. Those driving over 100 almost always get this punishment. Worse for our client, she had prior Reckless Driving convictions. Fortunately for our client, her punishment for this case featured no active incarceration. However, she did suffer a 6-month license suspension and a huge fine — $1,000 plus court costs. Strong mitigation factors led to this result.

12.20.16
Hit and Run (Fairfax)
Result: No criminal charges filed.
Interesting Factors: Police were investigating a possible Hit and Run. There was no witness identification. The owner of the vehicle hired us concerned that he might be a suspect due to his ownership. We spoke to police on his behalf. Unable to determine if he or a third party was the person involved in an accident, police could not lawfully charge anyone.

ACCOLADES

"Best Lawyers," by Washingtonian magazine (2015, 2013, 2011, 2004).**
"AV-Preeminent" byMartindale-Hubbell(2015). This is their highest ranking for legal ability and ethics. **
"Legal Elite," by Virginia Business magazine(2015-2006; 2003, 2002).*
""Power Player of the Year for Litigation," by SmartCEO magazine (2013).*
"Leaders in the Law," by
"Top Criminial Lawyers," by Northern Virginia magazine (2014, 2012,2010).**
Super Lawyers," by Thomson Reuters (2015-2006). *
* This award is given annually
** This award is given every two years
*** This award can only be given once