DUI CASE RESULTS

DUI & REFUSAL BOTH DROPPED TO ONE COUNT OF RECKLESS DRIVING

Commonwealth v. J.B.

We closely reviewed over an hour of bodycam footage that showed our client doing exceptionally well on field sobriety tests and being polite and courteous with the officers. After a negotiation with the prosecution, our client agreed to plead guilty to a reckless driving. It was a great result that guaranteed 1. No DUI, 2. No Jail Time, 3. Our Client Being Able To Drive, 4. No Interlock Device. It was a grand slam for our client.   

DUI WITH CHILD, REFUSAL BOTH DROPPED PRIOR TO TRIAL

Commonwealth v. S.C.

This was a tricky case because it involved surveillance footage, restaurant receipts, and a 911 recording. We knew that it would be difficult for the prosecution to get all the witnesses it needed to put together the case. We had to reject an offer and get through two continuances, but it was worth it in the end when all charges were dropped.  

NOT GUILTY DRIVING ON SUSPENDED LICENSE 3RD OFFENSE AFTER TRIAL 

Commonwealth v. J.F.

Our client faced 10 days of mandatory jail time after the officer discovered that he had two prior offenses for driving while suspended. We went through the DMV transcript with a fine toothed comb and discovered that our client had not been properly notified of his suspension. Our client walked out of court to go home to his newborn baby instead of spending the next 10 days in jail.  

UNDERAGE POSSESSION OF ALCOHOL, REFUSAL TO PRESENT ID, PUBLIC INTOXICATION ALL DISMISSED 

Commonwealth v. M.C.

Our client had a bad night at the oceanfront and ended up in jail after an encounter with the police. We put together a plan that enabled all charges to be dismissed upon the completion of an alcohol program. our client walked away with a clean record and no additional consequences through the Navy. 

NOT GUILTY DRIVING ON SUSPENDED LICENSE DUI RELATED AFTER TRIAL

Commonwealth v. B.L.

The initial charge was under 46.2-391 which requires proof of a suspension for DUI second offense. Our client only had a prior DUI first offense.  The officer realized his mistake and amended the charge over our objection to a violation of 18.2-272 which covers suspensions for DUI first offenses. In the end, we still won because we successfully argued that the DMV abstract failed to prove that our client was still suspended for the DUI first offense.  

OBSTRUCTION OF JUSTICE AND PUBLIC INTOXICATION BOTH DISMISSED

Commonwealth v. P.M.

Our client was a passenger in a car pulled for a DUI investigation. He had a big problem on his hands after the police accused  him of interfering with their investigation. We came prepared with a mountain of case law showing that failing to fully comply with an officer is not enough to prove obstruction of justice. After discussing the situation with the officer before court, we came to an agreement that both charges would be dismissed. 

FELONY DRIVING ON SUSPENDED DUI RELATED REDUCED TO MISDEMEANOR FOLLOWING HEARING 

Commonwealth v. C.P.

Our client had a big problem when he was pulled over for driving on the wrong side of the road after having been convicted of felony DUI within the past year. The charge carried a mandatory minimum year in prison. Within a week of hiring us, we had him out jail and he never went back. We successfully argued that his driving did not meet the legal standard for endangerment to life, limb, or property and the charge was reduced to a misdemeanor with time served. 

NOT GUILTY OF DUI WITH CHILD IN CAR AFTER BENCH TRIAL

Commonwealth v. E.W.

A routine traffic stop after 4th of July fireworks turned into a huge problem when the police found an open container of beer in our client's car. He was facing mandatory minimum jail time before he gave us a call. Through a tough cross-examination, we successfully demonstrated that his performance on the field sobriety tests was not consistent with impairment. He walked out of the courtroom with no criminal conviction and no jail time. 

NOT GUILTY DRIVING ON SUSPENDED LICENSE DUI RELATED AFTER TRIAL

Commonwealth v. B.L.

A routine traffic stop turned into a big problem for our client when the state trooper discovered that his license was suspended for a DUI.  Our client received 30 days to serve in lower court, and we appealed.  In higher court we successfully argued that the evidence didn't prove that our client had notice of the suspension.  The charge was dismissed, and he walked away with no jail time and no fine. 

FELONY DUI AND REFUSAL DISMISSED AFTER BENCH TRIAL

Commonwealth v. A.L.

We successfully argued there was no reasonable basis for the officer to stop our client and the case was dismissed. 

FELONY DUI REDUCED TO MISDEMEANOR WITH TIME SERVED

Commonwealth v. R.R.

Our client sat in jail for over a month after being told by another lawyer that it was impossible to get bond in felony DUI cases.  We helped to get him into treatment and out on bond.  When the prosecution made no offer, we took the case to trial and successfully argued that one of the two prior convictions was inadmissible.  Our client avoided a felony that would have resulted in the loss of his job and didn't do a single additional day in jail. 

FELONY DUI REDUCED TO MISDEMEANOR WITH TIM SERVED

Commonwealth v. J.H.

Our client was charged with felony DUI and faced mandatory minimum prison time because it was his fourth DUI.  We successfully argued that two Tennessee convictions could not be as enhancement because that law was not substantially to Virginia's DUI law. Our client was released that day. 

NOT GUILTY FELONY DUI AFTER BENCH TRIAL 

Commonwealth v. S.B.

Our client was charged with a DUI felony and faced mandatory minimum jail time.  We took the case to trial and successfully demonstrated that the state trooper had administered the sobriety tests improperly. Following a hard fought trial, the felony DUI was dismissed.  Our client avoided a felony, mandatory jail time, probation, and the indefinite suspension of his license. 

CONTACT US

Westendorf & Khalaf, PLLC

Virginia Beach Criminal Defense Attorneys

Tel: 757-961-3311

Fax: 757-707-9422

E-Mail: info@wkdefense.com

1 Columbus Center, Suite 600

Virginia Beach, VA 23462

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