Tag Archives: dui defense in fairfax va

Your DUI Defense in Fairfax VA Begins Long Before the Courtroom

Contact the expert lawyers at Boone Beale for your DUI defense in Fairfax VA, as soon as can after being charged. You have no time to waste if you want to flush out every opportunity you have to minimize consequences, reduce your penalties, or fight to have your DUI charges dismissed.

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Whenever something serious happens in life – medical crisis, financial setbacks, legal trouble – you don’t say to yourself “I can handle this by myself.” You hire well-trained professionals who are highly credentialed, reputable experts in their field. When you choose a Boone Beale DUI lawyer to represent you, you get some of the most experienced lawyers in the DUI arena, known for creative and innovative DUI Defense in Fairfax VA. With over three decades of DUI case litigation, we bring well-honed skill sets and complete comfort with all those people that conduct the business of the judicial system in Fairfax County.

DUI Defense in Fairfax VA

Your DUI defense in Fairfax Virginia begins long before the courtroom. Believe it or not, most DUI cases, are resolved during the pretrial phase. Wait a day or more after your arrest and critical evidence may already be damaged or destroyed. At Boone Beale, we take great pains to investigate every fact, each piece of evidence, and every story narrative in search of every potential DUI defense tactic. Fairfax, VA residents facing the lifelong hardship of a DUI conviction on their criminal record can trust the highly-qualified DUI lawyers at Boone Beale to deliver a winning DUI defense in Fairfax Virginia.

DUI Defense in Fairfax VA
DUI Defense in Fairfax VA

DUI Defense Fairfax Va

Have you recently experienced the unfolding nightmare of a DUI arrest? Contact the DUI experts at Boone Beale, Attorneys at Law, for a first-rate, comprehensive DUI defense in Fairfax VA. Since 1980 the DUI defense team at Boone Beale has successfully represented thousands of clients throughout Virginia in an environment of increasingly tough DUI legal enforcement, providing each with a thoroughly investigated and meticulously crafted DUI defense.

Fairfax, VA residents and anyone charged with a DUI in Fairfax County will get excellent legal representation from our highly-rated Boone Beale DUI lawyers. As members of the National College of DUI Defense, the Virginia Trial Lawyers Association, the National Association of Criminal Defense Lawyers, and the Virginia Association of Criminal Defense Lawyers, we remain at the forefront of changing developments in the law, science, and technology that will ultimately influence the outcome of your case.

We scrutinize many elements of every DUI case, analyzing specific details to best understand how they interact within the framework of the law. With specialized training in breath alcohol toxicology, controlled substances, trace evidence, digital and multimedia evidence, and related forensics, the Boone Beale DUI lawyers will diligently and meticulously prepare your strongest DUI defense in Fairfax, VA.

Even when you’re feeling lost or hopeless, there are significant challenges we can make to question the legitimacy and accuracy of the evidence against you, including:

• Did the forensics laboratory properly handle the evidence in your DUI case?

• Were there mechanical, computer or human errors involved the evidence analysis?

• Did the arresting officer follow every procedure properly?

• Are there extenuating circumstances that may have affected your driving behavior?

Time is wasting. Contact an effective Boone Beale DUI lawyer now to begin building a DUI defense in Fairfax VA to minimize penalties, reduce your charges, or potentially have your case dismissed. At Boone Beale you’ll be in the very capable hands of an experienced DUI defense lawyer who not only cares about the outcome of your case, but will do what is necessary to obtain your best results in the Fairfax court system.

Do You Need An Attorney For Your DUI Defense In Fairfax VA?

You just got a DUI charge in Fairfax VA. Now, you are considering your options. You could represent yourself in court to save some money. But is this a good idea?

Let’s look at just one aspect of a DUI case – the Blood Alcohol Analysis. If the prosecutor admits the certificate as evidence – what do you do?

Here from a book on DUI legal defense is an opinion of the situation:

Certificate of Blood Alcohol Analysis.

A. Certificates of Analysis and the Confrontation Clause. The issue of whether evidence affidavits giving the results of forensic analysis are testimonial—making their affiants witnesses subject to the defendant’s Sixth Amendment right to confrontation—has been hotly contested. The United States Supreme Court delivered an opinion on the issue in Melendez-Diaz v. Massachusetts. In Melendez-Diaz, the trial court overruled both the defendant’s objection to the admission of the certificate of analysis and his contention that the Confrontation Clause required the analysts to testify in person. He had contended that the certificates of analysis served the same purpose as a witness on direct examination, and were akin to live, in-court testimony. The Supreme Court ruled that this issue was merely an application of its holding in Crawford v. Washington, and that “[t]he Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error.” Melendez-Diaz was entitled to confront the analysts at trial.

Melendez-Diaz may have defined the outer limit of the Supreme Court’s Sixth Amendment jurisprudence. Consider these later cases:

• Michigan v. Bryant. In this case, the Court held that the Confrontation Clause does not bar the admission of the statement of an unavailable witness if it falls within a traditional hearsay exception or if it otherwise reaches a level of particular trustworthiness. The witness was the victim of a shooting who identified his attacker to the police as he lay dying. The Court said that this exception would allow the introduction of such a statement to the police when they were responding to an ongoing emergency. The Court found that if the purpose of the statement was not to create a record for trial, it would fall outside of the scope of the Confrontation Clause.

• Bullcoming v. New Mexico. At the trial of this DUI case, the prosecution called an analyst who was not the person who actually performed the lab test. The Supreme Court held that this violated the defendant’s rights under the Confrontation Clause because the lab report was clearly testimonial in nature. The substituted witness could only testify generally about the lab’s normal procedures but could not testify about any observations of possible inconsistencies that may have occurred during the test. Thus it was not possible for the defense to develop what could have been exculpatory evidence.

• Williams v. Illinois. The prior decisions of the U.S. Supreme Court do not clearly pave the way for its 2012 decision in Williams v. Illinois. In this case, the prosecution called an expert witness from the state’s forensic division to testify that a DNA sample taken from a rape victim matched one from the defendant generated earlier by an outside lab. The technician who had actually performed the testing at the outside lab was not called as a witness, and the lab report was not admitted into evidence. In a plurality decision, the Supreme Court agreed that the defendant’s Confrontation Clause rights had not been violated, but a strong dissent was also written in the case. Justice Alito, writing for the plurality, upheld the defendant’s conviction. He found that, under both Illinois and federal rules of evidence, an expert is permitted to testify as to her opinion based on the underlying facts even though she has no first-hand knowledge of these facts. Although the outside lab report could not be admitted into evidence for its truth without the lab technician’s testimony, he noted that the Court’s decision in Crawford v. Washington had specifically stated that the Confrontation Clause does not bar the use of testimonial statements for purposes other than to prove the truth of the matter asserted. The Court held that, here, the Sixth Amendment protection was not triggered because the expert’s answers assumed the facts in the report to be true and represented her opinion based upon that assumption. The Court also emphasized that, because the lab report was not prepared at a time when the defendant was a suspect of any crime, this contributed to its neutrality when compared with lab reports that are prepared specifically to be used in evidence against a known defendant. The dissent disagreed, stating that there was no principled way to distinguish the facts of this case from those in Bullcoming or Melendez-Diaz. Since the match between the DNA samples was a vital piece of evidence in the conviction of this defendant, the dissent insisted that the technician who prepared the report had to be present at trial before that evidence could come in. It is noteworthy that the defendant was tried in a bench trial, and the plurality opinion concedes that, had it been a jury trial, “[a]bsent an evaluation of the risk of juror confusion and careful jury instructions, the testimony could not have gone to the jury.”

It’s a lot for a layman to consider! Especially with your future on the line. Bear in mind that your Boone Beale Fairfax VA DUI Defense Attorney is not only is aware of all this (and much more), but our principal attorney actually wrote the book!

So, yes you do need a Fairfax VA DUI lawyer to help with your DUI charge. Contact Boone Beale today for a FREE consultation and let us help you win your DUI case with a superb DUI Defense in Fairfax VA.

DUI Defense In Fairfax Va – First Steps

The first step to take in establishing your DUI defense in Fairfax, VA is to hire a qualified defense attorney to represent you.

DUI laws in the Commonwealth of Virginia are among the most punishing in the nation. Consequences can include costly penalties, loss of your driver’s license, successful completion of the VASAP program, a mandatory ignition interlock device, and jail time. With serious consequences looming, this is no time to go it alone.

Contact the DUI defense experts at the Boone Beale law firm without delay for an effective, comprehensive DUI defense in Fairfax, VA. We are a respected Virginia litigation law firm dedicated to providing the highest level of honest, competent and affordable DUI defense services since 1980.

As founding members of the National College for DUI Defense, as well as a member of the Virginia Trial Lawyers Association and the Virginia Association of Criminal Defense Lawyers, we practice on the cutting-edge of DUI law. With high ratings and awards from Martindale-Hubbell and Avvo, you can trust the dedicated professionals at Boone Beale to craft a creative DUI defense in Fairfax, VA most likely to yield positive results for your future.

A complex DUI defense in Fairfax, VA involves a body of evidence that might include forensic and field test results, physical objects, and data from digital devices. The ever-changing legal landscape demands a thorough and thoughtful DUI defense in Fairfax, VA that challenges the case presented by the prosecution on every level.

Call Boone Beale now to speak to a highly-rated criminal attorney for your best DUI defense in Fairfax, VA.