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Case Studies From Past Cases

To find out how your specific case will work out, call for your free case strategy session. We’ll review the facts of your case, and we’ll explain how we can help achieve your goals.

Here are a few case studies from past clients so you can see some examples. To protect client confidentiality, we are using different names in these case studies.

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Stafford DWI Dismissed After Police Invaded Curtilage

When Sally (name changed for privacy) called us for her Stafford DWI, the ultimate winning issue wasn’t readily apparent. Sometimes the initial client consult reveals major issues with the Commonwealth’s case, but often you can’t see what they did wrong until you watch the body camera videos and review all the discovery materials.

In Sally’s case, the police came to her house after citizen reports of an alleged drunk driver. The body camera videos revealed that the police knocked on her front door for several minutes with no response.

But then they walked around to the sides of the house, all the way to the back fence. At that point, they could see a subject on the back deck.

We immediately knew this was a potential legal issue: the police cannot enter your “curtilage” (i.e. the immediate area surrounding your house) without a search warrant or some exception to the warrant rule. In Sally’s case, the police were allowed to knock on the front door. But once they went around to the back fence, they exceeded their lawful boundaries.

We fought Sally’s case through two separate courts – first winning a motion to suppress in General District Court and then later winning the same argument again in Circuit Court. The judge suppressed most of the Commonwealth’s evidence due to the police violating Sally’s Fourth Amendment right to be free from unreasonable searches.

Outcome: Ultimately, the judge dismissed Sally’s Stafford DWI charge, finding her NOT guilty. The Commonwealth could not prove any crime had occurred.

King George Reckless Driving Dismissed

Jose (name changed for privacy) hired our firm for his reckless driving by speed charge. Due to the alleged speed, some judges would consider putting Jose in jail, which is not where any client wants to end up.

Andrew went to the King George General District Court with Jose and arrived early to inspect the deputy’s calibration paperwork. The deputy has to be able to prove that his tuning forks were calibrated within the six months prior to the alleged offense.

When the deputy flipped to his spot in the calibration book, his calibrations were over a year old. The hunt was on! After searching the whole book, making some phone calls, and even a field trip to pick up some calibration certificates, the deputy still did not have the correct certificate for Jose’s offense date.

Outcome: When Jose’s case was called, Andrew pled not guilty and explained the calibration issue to the judge. The judge dismissed the reckless driving by speed case, meaning Jose has nothing on his driving record and paid no money at all to the court.

Contrast this outcome with another lawyer minutes later who did NOT inspect the deputy’s calibration paperwork: their client ended up paying money to the court, which he should not have had to pay because the deputy could not prove the defendant went fast enough to be considered reckless driving by speed.

Hanover Reckless Driving Reduced to Improper

We regularly appear in Hanover General District Court for reckless driving cases. So when Jose (*name changed for privacy) called about his reckless driving ticket on I-95, we were ready to help him. Jose was a nervous wreck about the case, losing sleep and worried about his job. He was concerned that a class 1 misdemeanor would have devastating impacts on his life.

We recommended tasks for Jose to complete to show the judge that he was remorseful and had learned a lesson. Jose hopped right to it and got everything done as we recommended before court.

Andrew appeared in court for Jose’s case and argued on his behalf for the judge. Since Jose lives out of state, he did not even have to return to Hanover for court.

The judge agreed that Jose deserved a break from the charge, and the Virginia State Trooper did as well. The Hanover judge reduced Jose’s reckless driving charge to “improper driving,” which is a minor traffic infraction and NOT a misdemeanor offense. Jose had a small fine to pay to wrap it all up.

Stafford Reckless Driving / Racing Case Dismissed

Sal contacted our office due to a serious charge he was facing for reckless driving, specifically for racing another vehicle. This would result in a misdemeanor conviction on his record and could cost him his driver’s license.

We reviewed the dash and body camera footage from the incident, and it was clear that the Commonwealth’s case had major problems. The initial officer couldn’t really prove that the two cars were racing. They were just driving fast down the road. But also, there was a major issue identifying that Sal was even involved, since he was stopped by a second officer later down the road.

We plead not guilty at court, and the primary officer testified about the alleged racing. When it came time for him to testify that Sal was stopped by the second officer, we objected on hearsay grounds: that officer was not in court for us to cross-examine. We also objected to the stop as a Fourth Amendment violation, since there was no witness to testify that Sal’s vehicle was the same one observed to be allegedly racing.

The judge agreed! Since the Commonwealth could not establish a legal traffic stop of Sal’s vehicle, his Stafford reckless driving case was completely dismissed!

Spotsylvania DWI Dismissed on Appeal

Jane hired our firm for a serious Spotsylvania DWI charge related to a vehicle accident. We immediately knew that the Commonwealth would have trouble proving that Jane was actually intoxicated at the time of the alleged driving.

The discovery process revealed several weaknesses in the government’s case against Jane. It was not clear that she was even the driver of the vehicle to begin with. And the government investigators could not explain about two hours of time between the accident and when they encountered Jane. Had she been drinking during that time?

The original trial judge in General District Court did not think there was reasonable doubt in Jane’s case, but she exercised her right to appeal to the Circuit Court. In Virginia, that appeal provides a brand new trial with a different judge.

On appeal, we fought many issues including Jane’s arrest itself, the admissibility of the breath certificate, and finally whether or not Jane consumed alcohol between the accident and her arrest. The judge acquitted Jane because there was reasonable doubt whether or not she was actually intoxicated at the time of the driving.

Stafford DWI Client Acquitted

Jose was arrested for DWI in Stafford County. Due to his arrest, he lost his job and would have trouble finding more work in his field. We sprung into action to help Jose get his life back.

At trial, the prosecutor chose to not subpoena the nurse who drew Jose’s blood. Instead, they relied on the arresting deputy to testify that the proper blood withdrawal procedure was followed.

The deputy testified that the nurse only used the contents of the official Department of Forensic Science test kit to draw Jose’s blood. This is important, because the government has to prove that the nurse used an appropriate arm cleanser and properly sterilized needle – to prevent contamination of the blood sample.

However, we cross-examined the deputy about his claim, since his own body camera video showed the nurse bringing other items to the blood draw. Also, the official state blood draw kit doesn’t contain needles! It’s pretty hard to draw blood using only the contents of the kit if there’s no needle inside.

We argued that the judge should not allow the blood test results into evidence, since the government did not meet its burden of proving the proper procedure had been followed.

The judge agreed! Without any blood results, the government’s case evaporated. They did not have sufficient evidence to prove a DWI, so the judge found Jose NOT guilty.

Serious Speeding Ticket Dismissed Due to Hearsay

When Randy called us for his ticket, he had a problem. Randy has a CDL, and he couldn’t afford to be convicted. The deputy had cut Randy some slack: instead of writing the ticket for reckless driving by speed, the deputy just wrote it for simple speeding. But it was still a speeding 20+ ticket, which would put 6 points on Randy’s driving record.

We went to work to find a defense for Randy’s case. Randy told us that he was riding with three other motorcycles on the day of the ticket, but only Randy was ticketed. That seemed fishy, so our firm got access to the dash and body camera footage to see what happened.

The videos revealed that the deputy really could only identify Randy by the helmet color that passed by. And another deputy actually stopped Randy and obtained key statements from Randy about his position in the group.

We plead not guilty in court, and the ticketing deputy tried to testify about what theotherdeputy told him. We objected due to hearsay – which means one person normally can’t just tell the court what another person said – and the judge agreed. The ticketing deputy couldn’t identify Randy as the speeder beyond a reasonable doubt, so the judge tossed the case.

Reckless Driving Charge Dropped Thanks to Dash Cam Footage

We represented Jill on a Hanover reckless driving case. She was charged with a high speed that would almost certainly carry the likelihood of serving several days in jail.

But Jill was adamant that she never went anywhere near that speed. So we requested the officer’s dash cam footage to try to investigate what really happened.

Dash camera footage isn’t often helpful in speed cases, since it doesn’t usually capture the actual offense. And if it does, the dash cam basically just shows headlights or blurry cars going by.

But in Jill’s case, the officer was positioned perpendicular to the road and back far enough so that the dash camera had a great view of all the cars going by. After studying the footage, we realized that there was in fact a high speed vehicle going by the officer’s location. However, that vehicle was sneaky enough to pull in behind Jill, who was driving an extremely similar vehicle.

After pointing out this mistake to the officer at court, Jill’s case was dropped, and she does NOT even have a conviction of any kind on her record.

Judge Rules DWI Arrest Illegal
Brett called our office for a serious DWI where he was facing the possibility of mandatory jail time. We sprung into action to review the evidence and develop a game plan for trial.

Fortunately, Brett was smart and exercised his rights on the side of the road. He politely declined to participate in the officer’s field sobriety exercises, and he declined to take the preliminary breath test. None of those tests are mandatory in Virginia, and Brett successfully withstood the officer’s pressure to do them.

At trial, we made a motion to suppress the arrest due to lack of probable cause that Brett was actually driving under the influence. The Commonwealth played the body camera video in attempt to show that Brett appeared intoxicated. Since Brett was calm and collected, and because he ultimately refused the roadside tests, the judge ruled that the officer did NOT have probable cause to arrest Brett.

Thanks to our successful motion to suppress the arrest, the Commonwealth ended up with no evidence that Brett was under the influence of alcohol, and the judge dismissed the DWI.

Jailable Reckless Driving Reduced with Speedometer Calibration
We represented Bill for a high-speed reckless driving case in Stafford County where he was facing the risk of jail – or at least sitting in the courthouse holding cell.

Bill was of course very nervous about the possible misdemeanor conviction and losing his liberty behind bars. He followed all of our pre-court recommendations, including obtaining a notarized calibration of his speedometer.

Our firm argued in Stafford General District Court on Bill’s behalf that the judge should consider Bill’s favorable speedometer calibration and treat him like other low-speed reckless driving defendants.

The Stafford judge agreed with our argument, reducing the charge to a Stafford County code traffic ticket that doesnotappear on Bill’s driving record. Bill walked out of the courthouse that morning after paying a small fine.

DWI Dismissed Due to Illegal Road Block
John hired Flusche & Fitzgerald for his DWI case in Caroline County. He was stopped at a police roadblock, otherwise known as a “traffic safety checking detail.”

When we reviewed the roadblock paperwork, it appeared that all was in order. However, during the trial, the prosecutor asked his own deputy witness if they stopped all the cars as was required in the plan.

The deputy testified that they did NOT stop all the cars. We argued vehemently that this violation of the roadblock plan made John’s DWI stop a violation of the Fourth Amendment.

The original trial judge disagreed and convicted John. But we appealed the case, filed a lengthy written motion in Caroline Circuit Court, and ultimately prevailed. The Caroline Circuit Court judge ruled that the deputies’ failure to follow their plan violated the Fourth Amendment in this case, and he dismissed our client’s DWI.

Reckless Driving Dismissed – Clearance Protected

Robert called my office with a reckless driving charge for 85 mph in a 65 mph zone. He had already done his homework and knew that he was charged with a class 1 misdemeanor, which is the same level of offense as a DUI.

Robert was deeply concerned about his security clearance due to being a defense contractor (like many of my other clients).

During our initial phone call, I listened to Robert’s situation, found out about his prior driving record, and explained that I thought we could have his case completely dismissed with him attending a driver improvement class.

Robert hired me and followed my advice to prepare for court. When the court date arrived, I personally defended Robert in court without him even needing to show up.

Thanks to our careful strategy and my knowledge of the officer and judge, Robert’s case was completely dismissed without him paying a dime to the court.

Reckless Driving (99 mph) Dismissed, Saving Client Fines and License Suspension

In any reckless driving case, one of the main lines of defense is to go determine if the officer has his tuning fork, or lidar, or speedometer calibrations in order. The officer must be able to prove that whatever equipment he used to measure your speed was calibrated and accurate within the appropriate time frame.

When I represented Mark in Spotsylvania County for his reckless driving case for going 99 mph, he was facing a criminal conviction, a stiff license suspension, and a very high fine at the very least.

When we got to court I checked with the trooper to see if he had his tuning fork certificates available for inspection, and he did not have them. He said that he had one for sure but it was not with him. That day the judge actually granted the trooper a continuance in order to get his certificates and bring them the next time for trial.

When we showed up the second time for trial, again I talked with the trooper to inspect his tuning fork certificates, and he was empty-handed again! My client was able to have his charge completely dismissed because the trooper could not prove that his equipment was calibrated and accurate on the day that he alleged that my client was driving 99 miles an hour.

This is why you need to hire an attorney who knows how to inspect the tuning fork certificates and knows what to look for.

Reckless Driving Reduced – Saving Nurse From Misdemeanor

Carroll hired me to defend her against a misdemeanor reckless driving conviction, which could have placed her nursing career in jeopardy.

Through a combination of her excellent prior driving record and following my advice in preparation for court, I got her charge reduced to a minor speeding ticket where she paid $115 to the court.

Client’s GPS Beats Reckless Driving by Speed Ticket
Solomon received a reckless driving by speed ticket from a Virginia State Trooper. He was charged with this misdemeanor offense because he was allegedly driving faster than 85 mph on the interstate.

Fortunately, Solomon was using a GPS during this trip through Virginia. And he had the presence of mind to save the data by taking pictures of his final trip screen at his destination.

Solomon’s GPS data showed that the maximum speed during his entire trip was only 79 mph. That is still speeding on the interstate, but it definitely is not enough to be guilty of misdemeanor reckless driving.

I instructed Solomon to get his speedometer calibrated and then take pictures of the GPS and speedometer reading together at various speeds; this technique enabled us to prove that Solomon’s GPS accurately measures the speed of the vehicle.

We plead not guilty in court and presented all our evidence to the judge. Even though the trooper’s radar had been calibrated and was working properly that day, the judge ruled that there was reasonable doubt about Solomon’s speed and the case was dismissed!

The judge dismissed Solomon’s ticket for Virginia reckless driving. He was NOT convicted of anything, which preserved his driving record and kept his license intact.

DWI / DUI dismissed – Saving Money, License, and Record

I represented Joe for his Fredericksburg DWI. We plead not guilty and fought everything. The judge ended up ruling that the Commonwealth had not established that the officer had probable cause to arrest my client for DUI. This was based partly on the good performance of my client on field sobriety tests and also based on the officer’s shaky testimony about whether or not my client was actually the driver of the vehicle.

Because we challenged the arrest, and the court ruled that it was an invalid arrest, there was incompetent evidence that my client was actually guilty of driving under the influence of alcohol. The court dismissed the case.

Even a first offense DWI conviction carries a one-year loss of license, suspended jail time, and hundreds of dollars in fines, along with the requirement to attend the ASAP class, and abstain from alcohol. Thanks to fighting this case and beating it, Joe was saved all of those hassles, monetary penalties, and the havoc that a DUI conviction would cause his driving record.

DUI Dismissed Due to Problems With the Blood Draw

In Sandra’s King George case, there were several problems that we identified with the prosecution’s case such as: probable cause for her to be arrested and how the blood was drawn. We actually lost the argument that it was a bad arrest. The judge ruled that the Commonwealth had a good enough probable cause in order to proceed on the charge. However, at the end of the day, we won the case. The Commonwealth could not lay the proper foundation for the actual blood draw and prove that they had followed the law closely enough to have sufficient proper evidence of Sandra’s intoxication.

By fighting everything that we could, Sandra was able to walk away, and she was not proven to be NOT guilty of DUI. This saved her from having a suspended license, having to take the VASAP class, and having the stigma of a DUI follow her around for life.

DWI / DUI Reduced to Reckless Driving – License Saved

If you’re charged with a DUI in Virginia, you certainly don’t want to be found guilty of the DUI due to mandatory license suspension and ASAP classes. In many recent cases, I have been able to help clients avoid that issue by entering into an agreement with the Commonwealth where the DUI would be reduced to a reckless driving conviction, instead of a DUI.

For Bob’s case, this was critical, because he was a professional driver. He was very concerned about losing his ability to maintain his employment, which he had had for many years and he truly enjoyed. In Bob’s case, we were able to negotiate a great outcome, where his charge was amended from DUI to reckless driving, saving him from the stigma of DUI and the one-year loss of his driver’s license.

DUI / DWI Second Reduced to a First Offense, Saving Client From Jail

When Bob came to me for his DUI second offense charge here in Virginia, the first thing that I did was to investigate the prior offense to see if it really is indeed a legitimate second offense charge.

In Bob’s case, his first offense was from New York. The analysis is whether or not the first offense is substantially similar to Virginia law. Now I won’t bore you with the details here; however, in Bob’s case we were able to successfully argue that the New York state prior DUI was not substantially similar to a Virginia DUI. Therefore, it should not count against him. We actually made this argument at a pretrial motion in order to restore his privilege to drive in Virginia and lift the pretrial license suspension. Based on that argument, we were able to prevail. The judge converted the charge from a second offense DUI down to just a regular first offense DUI.

At the end of the case, Bob received all suspended jail time (which means he did not actually go to jail). If he had been found guilty of a second offense DUI, he would have been facing at least ten days of mandatory jail time along with 3 years loss of his privilege to drive in Virginia.

Client Wins DWI Without Proof of Driving

Johnny contacted my office with a DWI, where he was accused of wrecking his vehicle. He was facing possible jail and a one-year suspension of his driver’s license if convicted.

When our trial date came, we plead not guilty and fought the DWI. I challenged the arrest itself since the Commonwealth had little evidence to prove that Johnny was actually impaired.

In putting on his case, the prosecutor actually botched the presentation of his own evidence! I knew that my client had admitted to driving the vehicle, but the prosecutor apparently had not watched the dash camera video himself. The prosecutor tried to establish that Johnny was driving by asking the deputy where the keys were located and if the vehicle was running when the deputy arrived. The deputy couldn’t remember either fact! The prosecutor didn’t know to ask the deputy if Johnny had admitted to driving or not.

I argued for the judge to dismiss the charge based on the lack of proof that Johnny ever drove the vehicle. The judge agreed and found Johnny NOT GUILTY!

DWI Dismissed After Officers Disagree

Aaron was pulled over late one night on his way home from work. A backup officer arrived to perform field sobriety tests, and that officer did not think Aaron was impaired. The initial officer disagreed, did his own field tests, and arrested Aaron for DWI.

At trial, we argued that the officers’ disagreement about even arresting Aaron shows that there is doubt as to whether or not he was impaired. The judge unfortunately disagreed and convicted Aaron of DWI.
But we didn’t stop fighting! We appealed Aaron’s case for a new trial in Circuit Court.

We argued again that the judge should dismiss the DWI since the two officers could not agree on the side of the road. If an officer who looked Aaron in the face and smelled his breath didn’t think he was impaired, the judge should not find him guilty beyond a reasonable doubt.

Outcome:
Victory! It took two trials and many court appearances, but we finally got the Circuit Court judge to rule in Aaron’s favor. He dismissed the DWI!

Client Beats Obstruction Charge for Blood Search Warrant

Jane came to me with a series of charges, including DWI and obstruction of justice. Jane allegedly refused to allow the officer to draw her blood pursuant to a search warrant.I dug into the case and found that the actual body camera video showed a different version of events than the police alleged.First of all, the police officer did not provide a copy of the search warrant to Jane, as Virginia law requires. Without providing a copy, I argued to the judge that the search warrant became invalid and therefore the officer was not lawfully performing her duties.

Second, the nurse was actually who refused to comply with the search warrant. The body camera video clearly showed the officer walk Jane into the hospital, and the nurse said she would not draw blood without Jane’s consent.

Outcome:
The judge threw out the obstruction charge, since the hospital’s policy is really what stopped the execution of the search warrant!

Hit and Run Dismissed – Saving License and Money

A recent client of mine was charged with hit and run and was very concerned about the implications that conviction might have on his driving record and future insurance rates, and even possible job situations. When he hired me, we discussed all the facts of the case and how there might be some weak spots in the Commonwealth’s evidence against him, and we proceeded to trial.

When the trial date came, the Commonwealth was unable to prove beyond a reasonable doubt that my client’s vehicle actually hit the alleged victim’s vehicle. The deputy testified that the damage to the alleged victim’s vehicle was to the side mirror and the damage to my client’s vehicle was way down on the bottom portion of the door of the vehicle.

I argued to the court that the damage simply did not line up physically to be caused by one impact. And there was no credible evidence to actually identify my client’s car.

In this case, the judge ruled that the Commonwealth had not proven the case beyond a reasonable doubt, and he dismissed the case for my client.

My client in this case was able to keep the hit and run charge off his record, which means that it will not affect him in future job situations, and it should not impact his insurance.

Insurance Ticket Dismissed – Saving Hundreds of Dollars and Criminal Conviction

I recently represented Susie who was accused of not having insurance on her vehicle when she was involved in an accident. Unfortunately for Susie, we could not prove that she actually did have insurance coverage on the day in question; that’s typically the first line of defense.

However, there is another defense in a lot of insurance cases because officers are usually sloppy when investigating these tickets. The statute for failure to obtain insurance in Virginia requires that the officer prove that you also did not pay the $500 uninsured motor vehicle fee.

In Virginia, you are not required to have insurance. You are required to either have insurance OR to pay the uninsured motor vehicle fee. Unless the Commonwealth can prove that you did not pay the fee, you should not be found guilty of violating the insurance statute.

In Susie’s case, we fought the case head on and successfully won due to this lack of evidence on the Commonwealth’s part. If we had simply pled guilty or no contest because Susie did not actually have insurance, then she would be found guilty of a misdemeanor conviction. The court would have had to impose a $300 fine and she would have had to pay a $500 fee to DMV in addition to possible license suspension. By pleading not guilty and fighting the case and wining, Susie was saved hundreds of dollars and long-term ramifications on her record.

Dog Case Dismissed – Saving Client From Misdemeanor Conviction

Spotsylvania County accused James of leaving the family dog in the car while he briefly stepped into the store for groceries. James was facing a misdemeanor conviction due to this allegation.

I worked with James to carefully position the case to have it dismissed. While he may have technically violated the Code, the temperature outside was so cool and the time was so brief that the dog was no in any danger. A trip to the family vet afterwards along with careful monitoring ensured that the dog was not harmed in any way.

I recommended other proactive steps for James to take before the court date, and we ended up convincing the County Attorney’s Office to drop the charge completely.

Reckless Driving Reduced to Non-Moving Violation by Agreement

Most clients who contact my office have a problem that they need solved. Usually they don’t care how we get there, but they need the right outcome.

James was in that boat when he contacted my office with a reckless driving by speed charge. He needed to avoid the misdemeanor conviction and six points on his driving record, so we needed to come up with a strategy to achieve his goal.

James’ case was pending in a court where we have different judges depending upon the day of the week. His case set for trial initially with a judge who would not be favorable to our needs, so I was able to continue the case to a different date with a more generous judge.

Upon my recommendation, James completed a driving school before court. I pulled his driving record so we could show that he had a clean history.

I arrived early to court and spoke with the officer. Thanks to the driving school and clean record, I was able to convince the officer to agree to reduce the charge to a minor non-moving violation that would not hurt James’ record or insurance.

The new judge accepted our agreement, reduced the charge, and everyone walked away happy!

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