Charged with DUI in Leesburg? Here are some potential defenses you can put forth according to a Leesburg DUI lawyer. To develop the best possible defense for your case call today and schedule a free consultation.
DUIs are a highly nuanced area of law. There are also specific nuances that weigh more heavily than others in Leesburg for certain jurisdictions. Each judge that presides over a DUI case has certain evidentiary standards, certain things they want to hear in determining whether or not the DUI elements have been fulfilled. Therefore hiring an attorney who is skilled and knowledgeable in DUI law is important, as certain defense strategies are different from many other areas of criminal defense. In addition, a DUI attorney is typically more highly trained in DUI specific techniques, such as DUI detection and field sobriety testing and also may have training on the EC/IR2 machine itself.
The most common constitutional issues that arise in DUI cases are the Fourth Amendment, the right to be free of unreasonable searches and seizures, and the Confrontation Clause. First, the right to be free of unreasonable searches and seizure is guaranteed by the Constitution of the United States, that’s the Fourth Amendment. You cannot be lawfully stopped without reasonable, articulable suspicion and you cannot be searched without probable cause. This has to be more than a hunch and the law enforcement officer must explain to the judge what they relied to meet the burden of this suspicion. This may be an equipment violation, it may be a violation of traffic law. But it can’t be that the vehicle was “suspicious” or “acting strange.”
It must be more than just a hunch. In addition you have the constitutional protection to face your accuser at trial. This is known as the Confrontation Clause and applies in DUI cases. The Commonwealth Attorney is responsible for producing all of the witnesses required to introduce each piece of evidence, unless those rights are waived. The Confrontation Clause may be used in some circumstances to limit the prosecutor’s ability to present out of court evidence or scientific evidence without proper foundation.
If your constitutional rights are violated, you may move to exclude any evidence obtained in violation of your constitutional rights. This is known as a “motion to suppress” and it is a tremendous defense weapon to exclude evidence obtained in violation of your rights.
My first step in building a successful defense for a DUI case is to talk to the accused as soon as possible after the event. This means meet with them over the phone or in person to go over all the facts of their arrest. I find that doing so as soon as possible after the event produces the most complete picture of the facts as otherwise the details begin to fade or become skewed over time.
Clients choose to work with me when they’re charged with DUI in Leesburg, Virginia because of my experience, my knowledge of the DUI case law and my ability to effectively communicate DUI strategy with them. They also rely on my ability to communicate effectively with the prosecutor and eventually with the judge. A DUI attorney needs to respond to his clients’ needs, he needs to explain the vast variety of options and potential outcomes that may occur as a result of that DUI offense. I am knowledgeable in local rules and procedures and this can directly assist my clients in obtaining crucial evidence, such as the dashboard camera video, 911 call logs, or data from the Division of Forensic Science. I am also skilled in advocating for privileges such as reduced or delayed jail time, obtaining and amending a restricted license, and reduced or suspended fines.
I’ve been practicing in criminal defense, with an emphasis on DUI cases, for over seven years. Since 2011, I’ve had a local office in Leesburg, Virginia where I focused on Loudoun County criminal cases, many of which involve DUI and other traffic related misdemeanor matters. I know the local rules, the local bench, the local prosecutors and many of the local law enforcement officials. I’ve had many trials and many positive outcomes, and although all DUI cases are unique, I apply this knowledge obtained over the course of my experience to help to achieve the best result possible in your case.
Northern Virginia Criminal Defense Group
