Michael is a 26 year old man who is very ambitious. He has his own business, a cleaning service, where he works 7 days a week. He also has a second job where he works for a construction company. On a late evening in August of 2022, he went out with a few of his friends to a local bar. On his way home, he forgot to turn his headlights on and the police stopped him.
Arrested For Being Twice the Legal Limit
I began to work diligently on his case. He explained to me that he felt like he was not impaired. Pursuant to my discovery request I received the body cam from the arresting officer. The video showed that my client was very cooperative with the officer and could respond to all the officer’s questions appropriately. The Commonwealth would not make a plea offer so the case proceeded to trial.
BAC Test Thrown Out At Trial
The arresting officer testified and then the Commonwealth moved to introduce the BAC test. I objected because I had not conducted my cross-examination. I cross-examined the police officer who acknowledged that my client was fully cooperative and answered all of his questions. The prosecutor rested their case but failed to request that the BAC test be admitted into evidence. I moved to dismiss the case because without the BAC test being admitted into evidence, the remaining evidence was insufficient to support a conviction.
Case Quickly Dismissed
The court agreed and granted my motion to dismiss the case. By getting an acquittal, my client not only avoided having to drive on a restricted license, but he also avoided mandatory jail time. I have over 30 years of experience as a defense attorney. This gives me extensive knowledge of Virginia’s laws as well as the facets of court proceedings.