Case Results

DUI

5/25/2017

Client was charged with DUI after a Taco Bell employee called police stating an intoxicated woman at the drive-thru had backed into another car. Police arrived on scene and began to question our client. She did admit to having some alcohol to drink at lunch after performing poorly on the field sobriety testing. Police also noted glassy eyes and slurred speech. She was charged with DUI 1st offense and blew .09 at the police station. Under Virginia law .08 BAC (Blood Alcohol Content) is considered per se driving under the influence.

In meeting with our client we learned that she had some medical issues, including a gastro bi-pass surgery that had greatly affected her ability to consume food and alcohol. She also had a perfect driving record and no criminal history.

We were able to convince the Commonwealth’s Attorney to amend the charge to Reckless Driving which carried a penalty significantly less than the original DUI charge.

Reckless Driving

5/18/2017

While driving his company vehicle our client was charged with Reckless Driving. He was clocked going 82 MPH in a 65MPH zone. In the Commonwealth of Virginia Reckless Driving can be charged for driving in excess of 80 MPH. Reckless Driving is not just a driving infraction but is also a Class 1 Misdemeanor, which carries penalties of up to 12 months in jail and/or a fine up to $2,500. In addition having a criminal record if convicted, Reckless Driving carries a 6-point driving penalty on your driving record with DMV, which in many cases can cause an increase in auto-insurance rates.

During our client intake appointment, we noticed he was operating a vehicle which was several years old with substantial miles. We suggested he have this vehicle calibrated, which we arranged through our office. The calibration showed the speedometer was not accurate.

Mr. Carlson was able to convince the Judge to amend the charge to simple speeding 1-9 MPH over the posted speed limit, which is only a 3-point violation. Due to the favorable outcome, our client does not have a criminal record and has only a minor traffic infraction on his DMV driving record.

Brandishing a Firearm

5/11/2017

We were initially contacted by an extremely distraught wife, whose husband had been charged with brandishing a firearm in Chesterfield County. Her husband had served 20 years of active military as a special forces officer and was currently working for the Government as a civilian with top security clearance. If convicted, he stood to lose that security clearance and his job.

In speaking with our client and his wife, we learned that the accuser was actually the aggressor who had verbally assaulted the wife. Our client went outside to investigate after hearing from his wife what had transpired. The young man then began to scream and curse at our client and threatening that he had a gun. At this point our client retreated while keeping an eye on the young man and waited for him to leave. Once he left our client learned that he was the unruly son of his neighbor who did not live in their home. The neighbors apologized for his behavior and indicated that they had for some time had significant problems with their son.

Several hours later police arrived, stating that a young man had accused our client of brandishing a firearm. After what can only be described as a botched investigation, and even after the young man’s parents stated to police they did not believe their son because of his history of lying, our client was charged. Statements were collected from neighbors however no one could say for sure that a gun was not present.

The day before trial we were prepared but out of an abundance of caution we re-contacted each of the 6 witnesses the night before to go over testimony. In speaking with one of the neighbor witnesses we heard her boyfriend speaking in the background and only then learned that he was an eye witness to the event and could clearly see that our client did not have a gun but rather a cell phone in his hand as he had stated to police. We were of course grateful to have found this witness even though we felt we had a strong defense before we located him.

As sometimes happens with people who file a false police report, the “alleged” victim in this case did not appear in court. The Commonwealth’s Attorney made a motion to Nolle Pross the charge. Mr. Carlson objected and asked for a dismissal which the judge granted. Please note that a charge that has been Nolle Prossed by the Commonwealth can be brought back before the court within a year of the date of the offense while a dismissal cannot. A very good outcome for a very serious charge but very much a shame that an innocent man and his family had to endure the travesty of a false accusation and wrongful arrest.

Possession of Marijuana in Richmond, Virginia

8/4/2016

Client charged with possession of marijuana. Having worked with the Richmond Court system for many years, I knew what the court would require to have the charge dismissed. Immediately, we put our client to work completing various tasks that we asked of him. We appeared in court on the trial date with everything completed and the case was dismissed that day. There was no reason for a follow-up court date, saving the client money and easing the burden on the court. Win-Win for everyone.

Defraud Hotel <$200, Damage Property <$1,000 and Public Intoxication Richmond, Virginia

8/1/2016

During an alcohol fueled evening, our client was charged with Defrauding a Hotel, Damaging Property at that Hotel and Public Swearing/Intoxication. This behavior is completely out of character for this client and it was obvious that too much alcohol caused this lapse in judgement, however, that in no way excuses the behavior.

We made arrangements to get restitution paid to the hotel and asked our client to perform some community service before we even made our first court appearance. The pre-trial proactive measures we took paid off and the prosecutor and the judge both agreed to dismiss all charges.

Underage Consume Alcohol, Possession of a Controlled Substance and Possession of Marijuana

All three charges were dismissed. - 6/7/2016

We were contacted by our clients’ family regarding 2 charges pending in Richmond, Virginia. She was charged with Possession of Marijuana and Possession of a Controlled Substance (Magic Mushrooms, a felony) While speaking with our new client we found out that days prior to these charges she was charged with Underage Consumption of Alcohol. With some quick maneuvering we were able to get the cases consolidated. This was better for the client two-fold. First, it saved money as they would not have to pay attorney fees for 2 separate court appearances and second, she only had to face the judge once.

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