Case Results

Suspended License


Client driving on suspended license. This was his 5 th 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!

Suspended License


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 - 5/15/2008

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 was dismissed.

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

Case Dismissed - 4/18/2008

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.

Domestic Violence

Case Dismissed - 3/17/2008

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

Case Dismissed - 2/13/2008

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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