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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Hi,
I am looking for a great DUI lawyer who can get the charge off my record or at least proof in front of the judge that I am not guilty.
I got pull over from a cop last Sunday right after I got off the interchange between I-95N and I-495W.
the cop only asked for two sobriety tests, and I refused the PBt test.
So, I got arrested and was carried to the detention center.
I had to wait about 20 minutes, and the brethlizer machine failed twice to get my BAC level. the cop was saying that I was not giving out enough air through the tube.
After the third try, my BAC level came out 0.l.
So, I am looking for a DUI attorney, now.
Is there anyone you can recommend me who has a good reputation as a DUI lawyer and can represent me in the fairfax general district court?
Nervous John Wrote:
-------------------------------------------------------
> the cop only asked for two sobriety tests, and I
> refused the PBt test.
> So, I got arrested and was carried to the
> detention center.
Ok, for starters, you're an idiot. In Virginia, having a driver's license carries with an implied consent. Essentially, this means you have to follow a police officer's orders and submit to intoxication tests. Refusing this can result an an automatic administrative license suspension because you have violated your agreement with the DMV. This is a *separate* license suspension from one that a judge may give you during your DUI hearing.
Further, the punishment for refusing an intoxication test is a 1 year license suspension. Again, this is in addition to any suspensions associated with driving while legally intoxicated.
Put another way, you are now facing two possible license suspensions. One for refusing the test and one for the DUI.
The only time it makes sense to refuse an intoxication test is if you're certain that you're right around 0.08 BAC. If you're at like 0.09 or 0.1 (aka, you're not totally fucking hammered), the time between the refusal and being hauled in to the station may put you below the legal limit. You'll still be facing a license suspension, but you won't have a DUI charge. You'll still be able to get a restricted license, so for the most part, you'll be off without much fuss.
I'm sure there are some excellent DUI lawyers out there. You've also made their job more difficult by refusing to cooperate with the police officer. Expect to pay a lot more for their services. Don't be surprised if the prosecution tries to claim the "you weren't breathing hard enough" breathalizer problems as further evidence of your being uncooperative with the police officer.
Enjoy riding a bus!
Edited 2 time(s). Last edit at 07/02/2010 02:02PM by boredom.
That's not quite true. You can refuse the roadside breathalyser. It's the one at the station you can't refuse without losing your license. So, basically you refuse the street one and if the cop thinks he has reason enough with the other tests you've taken to think you are drunk he can arrest you for it and give you the one at the station, which is calibrated regularly and admissible.
More legal tips from BeenThere - I know take it with a grain of salt but here it is & check with YOUR lawyer of course, but sometimes the calibration on the breathalyzer is off. This was Big News in DC recently where they threw out hundreds of DUI cases.
In FX, this has been successfully argued before and is difficult to independently verify depending on the equipment. Also, the training of the Officer giving you the test can be questioned. All this should be done with a DUI attorney though.
You need not submit to any tests before you have been arrested. Check the Fifth Amendment. Invoking one's rights under the Fifth Amendment does not constitute giving probable cause to make an arrest.
You must submit to a blood or breath test AFTER you have been arrested. That is when the Implied Consent Law kicks in.
The Implied Consent Law is applicable to all drivers licensed or unlicensed, in Virginia or not.
Re: Looking for a DUI lawyer!! a good one!! new
Posted by: boredom ()
Date: July 02, 2010 01:58PM
Ok, for starters, you're an idiot. In Virginia, having a driver's license carries with an implied consent. Essentially, this means you have to follow a police officer's orders and submit to intoxication tests. Refusing this can result an an automatic administrative license suspension because you have violated your agreement with the DMV. This is a *separate* license suspension from one that a judge may give you during your DUI hearing.
Further, the punishment for refusing an intoxication test is a 1 year license suspension. Again, this is in addition to any suspensions associated with driving while legally intoxicated.
Put another way, you are now facing two possible license suspensions. One for refusing the test and one for the DUI.
The only time it makes sense to refuse an intoxication test is if you're certain that you're right around 0.08 BAC. If you're at like 0.09 or 0.1 (aka, you're not totally fucking hammered), the time between the refusal and being hauled in to the station may put you below the legal limit. You'll still be facing a license suspension, but you won't have a DUI charge. You'll still be able to get a restricted license, so for the most part, you'll be off without much fuss.
I'm sure there are some excellent DUI lawyers out there. You've also made their job more difficult by refusing to cooperate with the police officer. Expect to pay a lot more for their services. Don't be surprised if the prosecution tries to claim the "you weren't breathing hard enough" breathalizer problems as further evidence of your being uncooperative with the police officer.
I do understand how DUI is serious, now.
My court date is in August, so I wanna hire an attorney as soon as possible.
I have been talking to a lot of attorneys, but I have no idea which one to pick.
I did not mention it before, but I got pulled over by a Virginia state police or a trooper, not a fairfax county police.
So, I am not sure the cop who gave me the breathlizer test in the Fairfax adult detention center is a certified person or not for the machine.
There are some attorneys I can mention right now.
If anyone of you had hired anyone of the attorneys listed below, I will appreciate it if you leave some comments.
David Hall
Robert Whitestone
Robert Battle
David Dishely (Bose law firm)
Thaddeus Furlong
Paul Mcglone
Kyle Makinis
Steve Nollan
Erik Jurgensen (Albo & Oblon)
Jon Katz
Cornie Magee
GMU Hokie Wrote:
-------------------------------------------------------
> So sorry, but you are wrong.
>
> You need not submit to any tests before you have
> been arrested. Check the Fifth Amendment.
> Invoking one's rights under the Fifth Amendment
> does not constitute giving probable cause to make
> an arrest.
I will concede that I was mistaken about the roadside portion, but it *does* give probable cause to make an arrest in this case. They will use as supporting evidence the fact that they observed behavior they believed to be caused by intoxicated driving and your refusal as sufficient evidence to arrest you and bring you in for tests at the station.
Don't believe me? Try it sometime.
Edited 1 time(s). Last edit at 07/03/2010 08:54AM by boredom.
boredom Wrote:
-------------------------------------------------------
> I will concede that I was mistaken about the
> roadside portion, but it *does* give probable
> cause to make an arrest in this case. They will
> use as supporting evidence the fact that they
> observed behavior they believed to be caused by
> intoxicated driving and your refusal as sufficient
> evidence to arrest you and bring you in for tests
> at the station.
>
> Don't believe me? Try it sometime.
I hate to but heads with every other forum here...you are not required to take the pbt on the traffic stop...the COP IS REQUIRED to offer it to you...this is state law that he must offer it to you...if you refuse the breath test at the jail then you get charged with ''refusal''...and and by the way the punishment for ''refusal'' is much harsher then the punishment for a dwi...If I may make a suggestion..If you are pulled over and you honeslty feel you are either at or below the legal limit take the pbt on the street...the cop will not arrest you if you are close...like a previous person stated..there is several hours between when you take the test on the street and when he get to jail...if you are at the legal limit (.08) on the street the cop will most likely let you go because you WILL blow under at jail...this is why they are required to offer it to you...and refusing to take any sobriety test is not a guarantee that you will not be arrested...take the tests and maybe you pass...refuse and you will get locked up and taken for a breath test...but of course if YOU dont drive drunk then you will not have anything to worry about...In my opinion you were driving while intoxicated and should take your licks like a man...you decided to drive drunk now deal with it...if you feel you were not drunk i would point out the fact that you blew a .10 which is over the limit..good luck and dont drive drunk...
Bob Battle is a former Assistant CA who is also a part time comic.
He is a better attorney than comedian and he actually is quite funny.
The jokes stop when he goes to work for you.
Last I heard he split his time between Richmond and Northern Virginia.
He is effective.
If I were in a jam, I would use him.
Before hiring anyone you should check the web site for the Virginia State Bar(http://www.vsb.org/site/regulation/disciplinary-system-actions/) to see if an attorney has been involved in any disciplinary proceedings.
You need to hire an attorney sooner than later.
Quit delaying.
Re: Looking for a DUI lawyer!! a good one!! new
Posted by: Nervous John ()
Date: July 02, 2010 04:20PM
I do understand how DUI is serious, now.
My court date is in August, so I wanna hire an attorney as soon as possible.
I have been talking to a lot of attorneys, but I have no idea which one to pick.
I did not mention it before, but I got pulled over by a Virginia state police or a trooper, not a fairfax county police.
So, I am not sure the cop who gave me the breathlizer test in the Fairfax adult detention center is a certified person or not for the machine.
There are some attorneys I can mention right now.
If anyone of you had hired anyone of the attorneys listed below, I will appreciate it if you leave some comments.
David Hall
Robert Whitestone
Robert Battle
David Dishely (Bose law firm)
Thaddeus Furlong
Paul Mcglone
Kyle Makinis
Steve Nollan
Erik Jurgensen (Albo & Oblon)
Jon Katz
Cornie Magee
Nervous John Wrote:
-------------------------------------------------------
> Is Robert Battle really good?
> Because I am looking for a lawyer who can pull out
> some favorable results.
Lawyers are not magicians. Since you took the test and it was 0.10 your options are smaller and you probably will be convicted of something. Every case is different. But a good lawyer will help, just dont expect a miracle.
Pick out of the ones who were posted by registered users and start flipping coins. For someone to know which of those four is the best they'd have to have used a couple of them and that isn't likely. In any case, none are going to guarantee a result you would like.
You didn't mention if you have had prior problems... is this the first time you have spoken with a cop in your life, or if we looked you up on the arrest search would it fill the screen?
Hi friends, please follow my link for any help of "DUI" related.
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Michigan DUI Lawyer
Michigan Drunk Driving Law
The day you hire our firm, we file critical requests with the police and prosecutors to protect your rights. Many attorneys will not take this important step and evidence that could help you is lost forever.
stay a way from Steve Duckett jr in FX city - total clown and imposter, all he wants to do is hear himself talk (and he is boring as hell). just stick this guy in a corner and put a mirror facing him; he'll think he has a captive audience (too stupid to realize it's only him) and will stay out of the court room and be prevented from screwing up anyone's case
Im filing a bar complaint after hesitating, since he works with my sister, but he said waaay to much to her..
Posted by:
kenyan hopchas
()
Date: March 01, 2015 10:59PM
Mr. Plofchan has failed me and I am proceeding legally, unlike what he agreed to do for my case, as he stated to a witness
"ITS JUST NOT ENOUGH MONEY IN IT FOR ME."
Mr. Plofchan apparently underestimates what reality is, as well as what contracts and promises mean.
.
. thanks! Kenyan C. Hopchas
This case involves false probably cause, illegal detention, erroneously filing of charges, ALL DROPPED as I represented myself and the accusations were incorrect.
Got a letter 1.5 years later..not even a phone call. At which point his secretary finished my answer telephonically, with a witness on my end.
. THAT IS U N E T H I C A L.
.
. Call me tom, maybe you can satisfy my before I finish this up.