Weisberg Law Blog

DUI Cases

We regularly represent drivers charged with these offenses in all Courts in southeast Virginia. The DUI charge is an unusual kind of criminal case; it has aspects that no other kind of criminal case has in the Commonwealth.

To begin with, a dismissal by the trial Judge is something he or she strives to avoid. The cases are so politically charged that some Judges actually are afraid to dismiss on a technicality lest the Judge be publically criticized, or worse. In other words, a case will be dismissed by a judge if he has to. Our challenge, as lawyers, is to convince the Court that a dismissal is required.

The law on DUI cases has gotten progressively more oriented against a defendant driver over the years. A lawyer must carefully examine what happened at the initial stop and thereafter. No detail is too small. When I meet with clients, I try to reconstruct things word for word, step by step. If the breath certificate comes in, the case is over. The lawyer must be up on new appellate decisions at all times. The new problems raised by new cases have a short shelf life. In about two or three months, the other side has caught up. Your lawyer must meet this high standard in defending these cases. A lot is at stake: your drivers license, higher insurance rates and even your freedom.

So, in selecting a defense lawyer, keep these thoughts in mind.

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