DUI (.28) - Prince William County

Driving Under the Influence (18.2-266) with an enhanced BAC of .28 - Prince William County

Facts: Client was involved in a multi-car accident in Prince William County. What made the facts of this case problematic is that Client decided to leave the scene of that accident and drive home. Client was stopped by law enforcement a short time later where he, according to law enforcement, allegedly failed a series of standard field sobriety tests (FSTs). At that point, Client was administered the Preliminary Breath Test (PBT), and his result was a .22. Client was arrested for DUI and was administerd the EC/IR2 (Intox) where he blew a .28.

Note: I was terribly concerned about the ultimate disposition in this case. As a former prosecutor, I know that asking for 30-60 days is not out of the question in cases where the BAC is almost four-times the legal limit combined with an accident. This facts of this case was certainly aggravating.

Disposition: The BAC was reduced to .15. Client is required to serve 5-days (mandatory minimum) in jail. He must also pay a $350 fine, attend ASAP and his ability to drive has been suspended for one-year. However, he was granted a restricted license by the court so long as he has the ignition interlock device installed on his car. Overall, it was a very favorable disposition for my Client.

Domestic Assault and Battery (18.2-57.2) - Fairfax County Juvenile and Domestic Relations District Court

Domestic Assault and Battery (18.2-57.2).

Facts: Two brothers were fighting when stepfather called police to break-up altercation. The oldest brother was arrested and charged with battery on his younger brother. Since both brother lived under the same roof, it is considered "domestic" in nature and the Commonwealth's Attorney proceeded under 18.2-57.2 instead of 18.2-57.

Dispostion: The case was nolle prossed (dismissed) by the Commonwealth's Attorney.