Practice Areas

Blog

DUI, Traffic and Criminal Law Defense

view all

Firm News

Ignition interlock devices for any Virginia DUI conviction?
Posted on 2/27/2010

Police may soon ask “Where did you have your last drink?”
Posted on 2/27/2010

Virginia Beach Police Sergeant Arrested for DUI
Posted on 2/12/2010

Wrong-way Hampton Roads tunnel driver accused of DUI
Posted on 1/29/2010

Football Hall of Famer pleads guilty to Drunken Driving
Posted on 1/26/2010

Man accused in fatal crash faces DUI, manslaughter charges
Posted on 1/26/2010

Illegal immigrants accused of murder in Virginia Beach
Posted on 12/31/2009

Drunk driver injures woman in Virginia Beach accident
Posted on 12/31/2009

Drunk driver hits police cruiser in Virginia Beach
Posted on 12/29/2009

Man accused of killing two people in DUI crash allowed home for holidays
Posted on 12/29/2009

View All

Firm Library

DUI, Traffic and Criminal Law Defense

More Info

Weisberg Law Blog

Weisberg Law Blog
Blog Category:

DUI, Traffic and Criminal Law Defense

11/17/2008
Allan
Comments (0)

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.


Labels:
Bookmark and Share


There are no comments.

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."

Username:*

Password:*

Register for an account

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]