Driving while intoxicated (DWI) is an offense that deserves more coverage from Virginia defense attorneys seeking to educate the public on these laws. Our Fairfax DUI lawyer and Northern Virginia criminal attorney believes DWI is one of the most complex areas in all of criminal law practice (and most other lawyers agree). It is a high-risk offense, meaning it is a crime charged relatively frequently compared to other crimes, and the penalties and repercussions are tremendously problematic to the convicted individual.
The videos on this page are short, but the information within may prove invaluable to some. If you need to talk to a Fairfax County or Northern Virginia criminal lawyer immediately, please visit this page as soon as possible and request a free Virginia DWI consultation (choose online, by phone, or in-person). We serve these counties and cities, with the Vincenzes Law Firm’s headquarters in Fairfax, Virginia.
A few of dozens of possibilities contributing to the complexity of DWI in Virginia:
- the testimony of an expert witness
- scientific inquiries
- analysis of United States Constitutional Rights (and case law)
- advanced knowledge of the Virginia Rules of Evidence
- research and analysis of volumes of documents, certifications, and records
[/vc_column_text][vc_video link=”https://www.youtube.com/watch?v=iW9oZN2WurE”][vc_column_text]Sobriety tests come in various forms, but regardless of the test that the officer is going to testify about at court (to make you look bad), your Virginia DUI lawyer should make sure the officer is blocked from saying anything about the relationship between how you handled those tests and the level of impairment.
What is generally permitted? An officer is generally allowed to testify to something along the lines of:
I provided Mr. Doe with the instructions, specifically to stand on one leg, with the other slightly raised six inches, and to stand like that for 30 seconds. After 15 seconds, Mr. Doe put his leg down.
The above testimony would probably be admissible against you. The officer is NOT allowed to state a conclusion, such as:
Mr. Doe did a poor job with the one leg stand test. He was acting very drunk. I knew at that point Mr. Doe was impaired and I arrested him as a result.[/vc_column_text][vc_accordion collapsible=”yes” active_tab=”false”][vc_accordion_tab title=”All About Fairfax Traffic Court”][vc_column_text]
Not familiar with Fairfax County Traffic Court?
You have been to the Fairfax County traffic court long ago
(it was recently renovated)
…visit the Fairfax General District (Traffic Court) information page, by our Fairfax criminal lawyer and for members of the public.
If your case is not going to be heard at the Fairfax County Traffic Court:
Please see the long list of localities (counties, cities, and towns) in Virginia where we serve people charged with criminal offenses and traffic infractions. You can find information about many other area courts, including Prince William County, Loudoun County, Stafford County, Arlington County, Spotsylvania County, City of Alexandria, City of Manassas, City of Fredericksburg, and many others on that same page.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”All About Virginia Reckless Driving”][vc_column_text]
Virginia Reckless Driving Laws . . .
click here for the main Virginia reckless driving page
The reckless driving laws in Virginia represent a controversial area of Virginia criminal law. Other notable areas in Virginia coming under scrutiny in years past include the law prohibiting the use of radar detectors (no other state in the U.S. has such a rule); DOMA (defense of marriage Act); Virginia marijuana laws; and, the list could go on. While most people agree, we need reckless driving laws to keep our roads safe, many do not agree with one part of one of the more than dozen Virginia reckless driving laws.
Read about the Virginia Reckless Driving Laws
Reckless driving can be charged for peeding more than 20 miles per hour (mph) over the posted limit. But some roads in Virginia have speed limits of 70 mph. What this means is, a driver could technically be charged with reckless driving for going 81 in a 70, or, 11 mph over. Is this fair? Our Virginia traffic attorney and criminal lawyer has not publicly expressed his actual opinion on the issue yet, but for now, there are other more important laws to address.Reckless driving, however, is a serious offense and we strongly encourage people to talk to an experienced criminal defense and Virginia traffic lawyer.
Yes, a local Fairfax reckless driving lawyer — or Virginia reckless driving attorney — is a good idea
Some attorneys and law firms offer legal services in many areas of the law (often these are referred to as general practice firms), but the Vincenzes Law Firm is different. Brenton D. Vincenzes, founder and Virginia criminal defense attorney, believes clients are best served by lawyers who are focused in a specialized niche area of practice. By operating our firm in such a way, we are able to stay updated, dedicated, and focused. For a free consultation for any criminal charge — including a Virginia reckless driving offense — contact us using the form on the contact page or call
visit Fairfax County Reckless Driving (an exclusive website), by our Northern VA-serving, local Fairfax reckless driving lawyer
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Virginia Traffic Attorneys Help Clients in Many Ways
Find out how many demerit points your charge will result in, if you are convicted.
Our Fairfax County Traffic Lawyer Guides Clients the Whole Way
Demerit points are issued by the Virginia Department of Motor Vehicles (DMV). Most of the time, the worst thing people can say about the DMV is a joke about the long lines. But in reality, there is a much more understandable reason to fear the DMV, and that would be its ability to assess points, which ultimately can lead to the loss of your driving privileges.
Moving violations come with points (if convicted). Find out how many points are assigned to a long list of moving violations. Remember, if you face a traffic offense, it does not automatically mean it is not a criminal charge that could result in jail time. Too often, people are not aware that a charge such as driving with no valid license, or driving while suspended, revoked, or revoked due to DWI, are all serious crimes and they could all land you in jail. So, please consult a well known and experienced Virginia and local Fairfax traffic attorney, Prince William traffic lawyer, or our traffic law firm serving Newburyport. You can tell us what the charge is you are facing, and we will provide a complimentary case assessment and fee quote. Just ask here.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”All About Expungement”][vc_column_text]
Expunge Records in Virginia: Do You Need a Lawyer?
No. You do not need a lawyer. But then again, if you are charged with a crime — assume you are falsely accused of first-degree murder — you do not NEED a lawyer in that case, either. The real answer is, most people do need a lawyer to expunge a Virginia record. This is due to the complicated nature of expungement, the number of steps involved, and the possibility that there could be a hearing, and the Commonwealth could challenge the petition (the attempt to expunge the record).
More Expungement in Virginia Information
Find out if you qualify, and if so, talk to our local Virginia defense attorney (serving most counties and cities in Northern VA). Read all about expungement in Virginia here.[/vc_column_text][/vc_accordion_tab][/vc_accordion][/vc_column][vc_column width=”1/2″][vc_column_text]
DWI Jail Time
[/vc_column_text][vc_video link=”https://www.youtube.com/watch?v=fuhANfAWnXY”][vc_column_text]Getting a DUI in Virginia is costly. Just like most criminal charges in Virginia, people who face such charges want to know about the possibility of jail time. It is one of the most frequently asked DUI questions fielded by our local Fairfax DWI lawyer. How much jail time depends on dozens, if not hundreds of factors. There are a few clear-cut mandatory jail time rules, however. The video to the right of this paragraph illustrates some of the general mandatory minimum sentencing rules in Virginia.
Mandatory jail time cannot be suspended, and it must be served right away. Some of the reasons why a convicted individual may have to serve mandatory time include the following factors:
- a child was in the vehicle when the driver was arrested for DUI
- the BAC reading at the station was over a certain limit
- the driver has previous DWI / DUI convictions
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