Virginia DWI laws are very tough for persons with an elevated blood alcohol content. In the Fairfax General District Court, Oates’ client was facing a minimum of 10 days of mandatory jail time if convicted. Police had drawn blood after finding the client crawling out of the car after a car accident leaving the vehicle which had hit another car and then flipped completely upside down.
Oates’ client was the only person found at the scene of the major accident. Immediately suspecting DWI, the police followed the client to the hospital where they served a search warrant for the client’s blood. They drew blood from the client and had it tested, revealing a blood alcohol content of 0.23 – nearly 3 times the legal limit.
At trial, Oates’ client was facing at least 10 days in jail. Rather than accepting a plea agreement that would put his client behind bars, Oates challenged the case at trial.
Oates challenged the police evidence, dissecting the timeline and the fact that although his client was in the car, there was no direct evidence that his client had been the driver. Further, he challenged that even if he was the driver, the Commonwealth had failed to prove a timeline sufficient to admit the results of the blood test.
Ultimately, the trial judge ruled in Oates’ favor. The judge found that the prosecutor had failed to establish the time of any driving – AND THAT THE PROSECUTOR HAD NOT PROVED HE WAS THE DRIVER AT ALL.
Oates’ client was found guilty of all charges. Rather than walking to the jail, Oates’ client walked free out of the courtroom. No jail, no license suspension, no probation, and no DWI conviction.
If you have been charged with a DWI in Virginia, call us today for an evaluation of your Virginia CWI case.
About the Author
Criminal defense attorney Jonathan R. Oates is an experienced, aggressive, and passionate advocate defender of his clients and their rights. He has successfully represented thousands of clients and fought hundreds of trials in front of both judges and juries. Jon takes great pride in not only fighting for his clients, but also understanding them, their backgrounds, and helping them achieve the best possible outcome for their case.
In his free time, Jon loves snowboarding in fresh powder, rooting for his favorite team the Washington Wizards, and going for long hikes with his dog.