Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Virginia DUI / DWI & Refusal Charges Dismissed - Part 2 of 3

Mr. Wilson, trained as an Operator of the Intoxilyzer 5000 breath testing machine, used his extensive familiarity with the Intoxilyzer to obtain documents from the Department of Forensic Science - and these documents proved to be critical for the defense because they showed the result of the client's first breath sample:  0.04!  Armed with these documents, Mr. Wilson retained an expert witness to testify about the breath testing protocol in Virginia, to explain what happened during the testing process with this particular client, and explain the significance of the records Mr. Wilson had obtained.  In addition, Mr. Wilson filed a Motion to Dismiss both charges, alleging that the failure of law enforcement to either start the breath testing process over following the client's burp, or obtain a blood sample from the client, improperly denied the client the one and only opportunity to use scientific evidence to prove his innocence.

Mr. Wilson made the long drive, met the expert witness and the client at the courthouse, and appeared in the General District Court prepared to have the Court rule on the Motion to Dismiss, and if necessary, proceed to trial on both the Virginia DUI and Refusal charges.  Mr. Wilson shared the documents he had obtained from the Department of Forensic Science and attempted to discuss Virginia's breath testing procedures with the prosecuting attorney, but it was immediately clear that like most defense lawyers, neither the prosecuting attorney nor the arresting officer understood how the breath testing machine used in Virignia actually worked. 

Continued in Part 3

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The lawyers of The Wilson Law Firm have traveled Virginia’s several interstates helping clients just like you - appearing in courts all across the Commonwealth of Virgnia - from Virginia Beach and Norfolk in the southeast, to Wise County in the southwest, all the way up I-81 to Frederick County / Winchester in the northwest, and all the way across Warren County, Fauquier County, Prince William County, and Fairfax County on the way to Arlington County and the City of Alexandria in the northeast. The Wilson Law Firm regularly serves Prince William County, the cities of Manassas and Manassas Park, the towns of Haymarket and Quantico, Fauquier County / Warrenton, Stafford County, Spotsylvania County / Fredericksburg, Loudoun County / Leesburg, Fairfax City, Fairfax County, Arlington County, the City of Alexandria, Culpeper County, Warren County / Front Royal, Clark County / Berryville and Shenandoah County.