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Client driving on suspended license. This was his 5
offense. Under Virginia law, the 5th offense carries a mandatory minimum
of 10 days incarceration. Court sided with Attorney Miller's legal
argument. No time served!
Charged with Driving on Suspended License. This was client's 2nd offense. Client had failed to obey stop sign and additionally had expired
registration. Pleaded not guilty. All charges dismissed.
Driving Under the Influence
Reduced to Standard DUI Offense
Client was charged with driving under the influence 2nd offense with a
blood alcohol content of .23 which carried a mandatory minimum amount
of thirty days in jail and an assault and battery of a law enforcement
officer (felony) which carries a mandatory minimum of 6 months in jail.
The evidence produced at trial was that the arresting officer had requested
that the client remove herself from the vehicle on several occasions.
After making the request and being denied on several occasions the officer
pulled the client out of the vehicle by her arms and our client grabbed
the officer's arms leaving significant deep scratch marks along his arm.
The commonwealth attorney assigned to the case was unwilling to reduce
or plea down the charges. On cross examination the officer made admissions
as to the possible intent of the driver upon grabbing his arm. As a result
the felony charge of assault and battery of a law enforcement officer
On the Driving under the influence charge the commonwealth could not secure
a certified copy of the prior offense and failed to properly file a copy
of the blood alcohol certificate as required by statute. The charge of
dui second with a BAC of .23 was reduced to a standard dui first offense.
Felony Possession of Stolen Property
Our client was charged with felony possession of stolen property. The Commonwealth's
best evidence was that a motor cycle had been stolen some time in 2007
and that our client had made an admission that he had purchased the motor
cycle worth close to $5000 for $2500. The case law in Virginia supports
the proposition that only recently stolen property creates the presumption
of knowledge. We successfully convinced the Commonwealth attorney to dismiss
the charges based upon their inability to prove the client's knowledge
that the property was stolen.
Client was charged with domestic violence. Upon discussing the case with
the alleged victim we determined a number of discrepancies between her
statement to our investigator and the statement given to magistrate at
the time of filing the action. Based upon our discussions with the Commonwealth
attorney the charge was dismissed on their motion.
Driving Under the Influence
Client was charged with driving under the influence second offense - accident
with a Blood alcohol content of .18. The Commonwealth evidence showed
that on the date of the offense the Defendant admitted to the officer
that he had consumed alcohol. Moreover his performance of the field sobriety
tests was poor which gave the officer probable cause to effectuate a proper
arrest. The case was dismissed on a motion to strike based upon the officers
failure to testify as to the time of the accident. Virginia law requires
that a defendant be given an opportunity to submit to a breath or blood
test within three hours of the time of operation. With out the time of
operation the Commonwealth was unable to meet its burden.
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