If you have
been charged with drunk driving, a knowledgeable, experienced lawyer will
engage in three tasks to help you. First the lawyer will analyze the legal
case; next, the lawyer will prepare you for your day in Court; and, third, the
lawyer will fight for you at the Courthouse.
A lawyer’s
first task is to analyze the legal case. Not everyone charged with drunk
driving is convicted of drunk driving. To achieve this result, a lawyer must
determine what legal defenses are available.
At Gross
& Romanick, where I manage the criminal practice, our lawyers ask the
questions which allow the Commonwealth’s case to be disassembled at each stage.
We investigate the initial contact made by the police, analyze the
officer’s decision to make the arrest and review the procedures followed
before, during and after the arrest.
From my 20
years of criminal defense experience, I have concluded that determining whether
constitutional rights have been violated is an important key to success in a
DWI case. Did the police stop the driver without reasonable articulable
suspicion that a violation of law took place? Was the decision by the officer
to make the arrest done without probable cause? If the police did something
wrong, it needs to be uncovered. If proper procedures were not followed or if
the police violated the defendant’s Miranda or other rights, the charge may be
subject to attack or a door may be opened for a successful plea bargain with a
prosecutor.
Whether a
blood or breath test is administered or if it is a refusal case, a proper
advisement by the police is required by statute. The breath machines and lab
tests are not infallible. A diligent lawyer will gather information about the
breath machine to determine whether it malfunctioned before or after the client
was tested. A review must be made to determine whether there would be any
benefit to hiring an expert witness, such as a toxicologist.
Analyzing the
legal case is just the first step toward a successful defense of the
charge. The lawyer must also properly prepare you for your day in
Court. You should receive a full explanation of the procedures and what to
expect when you arrive at the Courthouse. You should know what time to
arrive, where to sit, what to say and what not to say if your name is called.
You deserve
to be put in the best position to achieve the best possible results given all
of the facts and circumstances of your case. The lawyer will advise you if
there is a benefit to enrolling in an alcohol education or treatment program.
The effective lawyer will obtain documents and information from you to present
you in the best light possible, and to demonstrate that you are a good citizen
and not a threat or danger to the community.
Finally, a
lawyer’s job is to be on your side the day of court. The lawyer will be your
advocate and fight for you. The lawyer, who performs a thorough analysis
of the legal case and has properly prepared you for your day in court, will
provide you the best chance for a successful plea bargain with the prosecutor. And,
if necessary, that lawyer will be ready, willing and able to successfully
defend you at a trial before a judge or jury.
A substantial
portion of my practice is dedicated to defending individuals charged with drunk
driving. The lawyers at Gross & Romanick have built a strong reputation in
Northern Virginia for being effective trial lawyers. This allows us to
negotiate fair and effective plea bargains and to fight against injustice at
trial when it is necessary.
