Practice Areas
- Nursing Home Abuse
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
DUI, Traffic and Criminal Law Defense
DUI Cases II
DUI CASES CONTINUE TO GIVE US CHALLENGES. OH, I KNOW, TV COMMENTATORS ARE AGHAST THAT ANYONE WOULD TRY TO DEFENDANT A PERSON CHARGED WITH A DUI OFFENSE. BUT THIS IS THE LEGAL SYSTEM IN PLACE IN THE USA. BUT I DIGRESS.I NOTED IN AN EARLIER NOTE ON THIS SUBJECT THAT THESE CASES ARE ODD AND UNUSUAL. THE JUDGE IS PRECONDITIONED TO FIND THE DEFENDANT GUILTY. THAT OLD PRESUMPTION OF GUILT DOCTRINE, BUT IN THESE CASES THE PRESUMPTION IS ON STEROIDS. YOU NEVER KNOW WHERE YOUR VICTORIES WILL COME FROM. I HAVE CLIENTS ASK ME"WHAT IS YOUR STRATEGY?" FRANKLY I DON'T KNOW, JUST GIVE THEM A TOUGH TIME.
I REPRESENTED A CLIENT WHO RAN INTO A TELEPHONE POLE AND HAD BEEN DRINKING. HE HIT HIS HEAD AND GOT CUT. THE FIRST OFFICER ON THE SCENE CALLED AN AMBULANCE BECAUSE THE DRIVER WAS HURT. THE OFFICER NOTED THE ODOR OF ALCOHOL, AND SUSPECTED A DUI CASE. THE PARAMEDICS ARRIVED TREATED THE DRIVER AND GAVE HIM AN IV. THEY THEN TOOK HIM TO THE HOSPITAL FOR EMERGENCY TREATMENT. A BLOOD SAMPLE WAS TAKEN AND THE ANALYSIS SHOWED A B.A.C OF .25% ( VERY DRUNK). HOWEVER, AT THE CLOSE OF THE EVIDENCE, WE POINTED OUT THAT NO BODY KNOWS WHAT WAS IN THE IV. WAS IT PAIN KILLERS, A SEDATIVE, OR ALCOHOL? THIS KEPT THE TEST RESULT OUT OF THE CASE, AND, AS A RESULT, MY CLIENT GOT A VERY FAVORABLE RESULT.
NOW SOME MIGHT HAVE ISSUES WITH THIS SORT OF BUSINESS, BUT IT IS OUR SYSTEM. IN THE OLD SOVIET UNION ALL THAT WAS NECESSARY WAS THE BRINGING OF THE CHARGE. NOT WHAT WE WANT HERE. SO YOU LAWYER MUST BE ON HIS TOES, BEFORE AND DURING TRIAL BECAUSE YOU NEVER KNOW.
Post a comment
Post a Comment to "DUI Cases II"
To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."
Ask an Attorney
Free Consultation
Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions
FAQs
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
- When should an attorney be present with me?