OUTCOME: Not Guilty, T. Kevin Wilson gets Virginia DUI / DWI with 0.11 breath test Dismissed
A 22 yr old college senior who had never been in trouble before came to The Wilson Law Firm in a panic after crashing her car and being arrested for DUI / DWI in Virginia. She had been out with friend...s visiting wineries, and while on an unfamiliar gravel road she briefly diverted her attention and ended up running off the road, down an embankment over a small tree and into a shallow creek. Virginia State Police arrived quickly and after a DUI / DWI investigation during which the client performed field sobriety exercises and blew 0.15 and 0.10 on roadside breath tests, she was arrested and taken into custody. She was then transported to the station where she blew 0.11 on the ECIR II, Virginia's official breath testing machine.
She understood the severity of the situation and she was worried about the impact a DUI / DWI conviction could have on her life, so she retained Virginia DUI / DWI & Criminal Defense Attorney, T. Kevin Wilson, to represent her.
T. Kevin Wilson is dedicated to providing absolutely top notch representation to his clients facing Virginia DUI / DWI charges, and in furtherance of that goal he has spent countless hours seeking out and completing numerous specialized education, training and certification courses in the extremely complex field of DUI / DWI Defense. Mr. Wilson's extensive and specialized knowledge of both Standardized Field Sobriety Testing and breath alcohol testing enabled him to successfully challenge both the field sobriety test evidence and the breath test results. After considering the evidence presented by the prosecution, and the arguments made by Mr. Wilson, the Court dismissed the case and found the client NOT GUILTY.
DUI and DWI
DUI / DWI Case - NOT GUILTY (Henrico County)
Jul 22, 2015
OUTCOME: Not Guilty, T. Kevin Wilson gets Virginia DUI / DWI with 0.15 breath test Dismissed
After being arrested for a Virginia DUI / DWI, Client came to speak with Manassas, Virginia DUI / DWI & Criminal Defense Lawyer, T. Kevin Wilson. He had been referred to T. Kevin Wilson by another hap...py client, and after a brief consultation, Client decided to retain T. Kevin Wilson.
Client had hit a stationary vehicle while parking at his apartment complex, and he refused to give his insurance information to the the other party. Police were called to the scene and after a brief investigation Client was arrested for DUI / DWI. Client subsequently blew 0.15 on the breath test, nearly double the 0.08 limit.
Client held a Commercial Drivers License (CDL) which was required for his job, so the outcome of his case was important.
All Virginia DUI / DWI convictions trigger an automatic license suspension, and although a restricted license might be granted, it would not apply to a CDL. Therefore, any conviction for a DUI / DWI, or any other outcome involving a license suspension, would cause him to lose his CDL and his job.
The Commonwealth was unwilling to negotiate the case so we entered a NOT GUILTY plea and proceeded to trial.
T. Kevin Wilson's extensive education, training and experience enabled him to keep the breath test from being accepted into evidence at trial. This effectively eliminated the charge of being "over the limit" and left only the charge of being "under the influence".
At the end of the trial, after considering all of the evidence and arguments presented, Client was found NOT GUILTY.
DUI and DWI
2nd Offense DUI / DWI Case - NOT GUILTY of 2nd Offense DUI / DWI
May 28, 2015
OUTCOME: Not Guilty of 2nd Offense DUI / DWI, mandatory jail sentence and increased license suspension avoided
Client came to The Wilson Law Firm after being arrested for a Virginia DUI / DWI in central Virginia. Unfortunately, Client had already been found Guilty of a DUI / DWI in Virginia within the last 10 ...years, so this was charged as a 2nd offense and if convicted of this offense Client was facing a mandatory jail sentence, a 3 year license suspension and waiting a significant period of time before he would be eligible to request a restricted license. When asked why he came to T. Kevin Wilson and The Wilson Law Firm, Client said he had done his homework so he knew about Mr. Wilson's extensive specialized education, training and experience in the field of Virginia DUI / DWI Defense.
Client needed to preserve the ability to drive and feared spending time in jail would put his job at risk. In order to accomplish these goals, the 2nd offense component of the allegation had to be avoided.
The prosecuting attorney was not willing to reduce the charge to a 1st offense so the case proceeded to trial in hopes of having Client only found gulty of 1st offense. T. Kevin Wilson challenged the evidence regarding proof of the prior conviction and after considering the evidence and arguments presented, the Judge agreed with Mr. Wilson and Client was found NOT GUILTY of a 2nd offense DUI / DWI. Client avoided both the increased license suspension and the mandatory jail sentence associated with a 2nd offense DUI / DWI in Virginia, and was able to request a restricted license immediately.
DUI and DWI
DUI / DWI Case - NOT GUILTY (Fairfax County)
N/A
OUTCOME: NOT GUILTY, T. Kevin Wilson gets Virginia DUI / DWI with 0.29 blood test Dismissed
Following a very serious crash a 67 year old gentleman was taken to a hospital and subsequently arrested for DUI / DWI. A blood test suggested his blood alcohol concentration (BAC) was 0.29 - more tha...n 3 1/2 times Virginia's legal limit of 0.08.
He and his wife understood they needed a respected and successful lawyer with specialized education, training and experience in the field of Virginia DUI / DWI defense, and the search led them to Manassas, Virginia DUI / DWI and Criminal Defense Lawyer, T. Kevin Wilson and The Wilson Law Firm.
They were shocked to learn that even though Client was 67 years old, had retired from the United States Air Force after serving our country for many years, and had never been in trouble with the law before this unfortunate incident, if he were to be found guilty of this offense he would be required to serve at least 10 days in jail and likely much more given the severity of the accident.
They hired Mr. Wilson and when we appeared for trial, the prosecuting attorney refused to even discuss the possibility of resolving the case by agreement. Never give up your right to have a trial, and any hope of victory, by pleading guilty unless you get something valuable in return - so he case proceeded to trial. During the trial, T. Kevin Wilson's cross-examination of the arresting officer revealed several errors and inconsistencies in both the officer’s testimony and the documents of the case. Ultimately T. Kevin Wilson’s extensive specialized education, training and experience in the field of Virginia DUI / DWI Defense enabled him to get the result of the blood alcohol test thrown out, thereby forcing the government to rely on the field sobriety tests to try and prove Client was DUI / DWI. However, T. Kevin Wilson’s specialized education and training concerning the proper administration of the field sobriety tests enabled him to challenge those tests and in the end the Judge agreed the evidence was insufficient to prove guilt., so Client was found NOT GUILTY.
DUI and DWI
2nd Offense DUI / DWI Case - NOT GUILTY (Albemarle County)
N/A
OUTCOME: Not Guilty, T. Kevin Wilson gets 2nd Offense Virginia DUI / DWI with 0.24 breath test Dismissed
A gentleman in serious trouble called The Wilson Law Firm looking for help. He was facing a Virginia DUI / DWI charge and to make matters worse: (1) he was just convicted of DUI / DWI in Virginia les...s than 2 years earlier, (2) a breath test suggested his BAC was 0.24 - three times the 0.08 legal limit, (3) the case was already in Circuit Court, (4) he plead guilty in the General District Court (while represented by a different lawyer), and (5) since he plead guilty the Trooper never had to testify so there was no trial transcript and no way for me to know what the Trooper's testimony was likely to be.
Like so many others, not understanding the critical importance of hiring a lawyer with specialized education, training and experience in the field of Virginia DUI / DWI Defense, Client compromised on the qualifications of his lawyer in order to save some money and for whatever reason, that lawyer advised him to plead guilty. He did and was sentenced to 70 days jail, a $500.00 fine and a 3 year license suspension.
Unsatisfied with that result, and realizing it was a mistake to compromise on the qualifications of his Virginia DUI / DWI Defense Lawyer, he appealed the case to Circuit Court, fired his lawyer and asked Manassas, Virginia DUI / DWI Defense Lawyer T. Kevin Wilson of The Wilson Law Firm to handle the case in Circuit Court. After some discussion, T. Kevin Wilson agreed to take the case and the client was immediately impressed with the work done by The Wilson Law Firm and the personal attention he received. The case was fully investigated and when the trial date came, T. Kevin Wilson advised the client to plead NOT GUILTY and take the case to trial. Despite being understandably apprehensive, and having a 0.24 breath test result, the client followed Mr. Wilson's advice and the case proceeded to trial. At the end of the trial the client understood the importance of hiring a lawyer who specializes in Virginia DUI / DWI defense. T. Kevin Wilson's extensive specialized education, advanced training and vast experience enabled him to get the breath test thrown out, and to point out several mistakes made by the Trooper. At the end of the trial, after considering all the evidence and arguments presented, the client was found NOT GUILTY.
This is a real life example of how the lawyer you choose can be the difference in the outcome of your case. When accused of a Virginia DUI / DWI offense, you need to hire a lawyer who truly focuses on Virginia DUI / DWI defense.
DUI and DWI
DUI / DWI & Refusal Case - NOT GUILTY (Colonial Heights)
N/A
OUTCOME: Not Guilty, T. Kevin Wilson gets Virginia DUI / DWI and Refusal charges Dismissed without a trial
A 43 year old gentleman called Manassas. Virginia DUI / DWI & Criminal Defense Lawyer, T. Kevin Wilson looking for help. He was facing charges of DUI / DWI and Refusal to Submit to Testing down in cen...tral Virginia and he wasn't happy with his lawyer. He had hired a local lawyer, sacrificing qualifications in order to save some money, but he quickly realized it was a terrible mistake. He had been stopped for speeding, allegedly failed field sobriety exercises and blew a 0.21 on the roadside Preliminary Breath Test (PBT) - more than 2.5 times the 0.08 legal limit. He was then arrested, taken to the station and told to blow in another machine. Virginia DUI / DWI breath testing regulations require 2 breath samples within 0.02 of one another and he provided the first sample but burped before the second sample could be given. The officer terminated the breath testing process and charged Client with Refusal to Submit to Testing. Client was adamant that he was not impaired and the PBT must be wrong, but his lawyer was telling him to plead guilty. He wanted a lawyer who would believe in him and fight for him, and after some discussion T. Kevin Wilson agreed to take his case.
Unlike most Virginia lawyers, T. Kevin Wilson has completed trial skills training with the National College for DUI Defense, as well as training on both Standardized Field Sobriety Testing and Evidentiary Breath Alcohol Testing. Mr. Wilson was trained as both an Operator and a Maintenance Technician for breath testing machines and he has even purchased his own collection of breath testing machines in order to further educate himself regarding how they work, and how they fail.
As a result of his extensive, advanced specialized education, training and experience, Mr. Wilson knew the client could be telling the truth about being sober and the 0.21 PBT result being wrong. Mr. Wilson obtained documents from the Department of Forensic Science, the governmental agency which maintains the breath testing machines, which showed Client's first breath sample result was 0.04 - a level so low that Client would be presumed sober under Virginia law. Mr. Wilson then had Client hire an expert witness to be prepared to testify about Virginia's DUI / DWI breath testing protocol and explain the significance of the 0.04 result shown in the records. In addition, Mr. Wilson filed a Motion to Dismiss both charges, alleging the failure to complete the testing process unfairly deprived Client of the one and only opportunity to use scientific evidence to prove his innocence.
Mr. Wilson shared the records he had obtained with the prosecuting attorney and the arresting officer and attempted to discuss Virginia's breath testing procedures and what the records showed. However, like many defense attorneys, neither the prosecuting attorney nor the arresting officer were familiar with Virginia's breath testing protocol or understood what the records meant. In fact, neither had even seen records like the ones Mr. Wilson shared - which indicates defense lawyers practicing in that court don't get those records. Fortunately, T. Kevin Wilson was fully prepared and in the end, both the DUI / DWI and Refusal charges were dismissed.
DUI / DWI cases are extremely complicated and just like the client's first lawyer in this case, lawyers who lack the specialized knowledge gained through extensive, advanced education, training and experience are going to miss avenues of defense for their clients. Mr. Wilson's dedication to DUI / DWI Defense and his vast experience in the area of breath alcohol testing enabled him to identify the issues which led to these charges being dismissed. The lawyer you choose can absolutely be the difference in the outcome of your case.
DUI and DWI
DUI / DWI Case - NOT GUILTY (Frederick County)
N/A
OUTCOME: Not Guilty, T. Kevin Wilson gets Virginia DUI / DWI with 0.14 breath test Dismissed
Client was arrested for a Virginia DUI / DWI and a breath alcohol test suggested her BAC was 0.14 - nearly twice the 0.08 legal limit. Extremely concerned about her career as a nurse, she wanted the b...est Virginia DUI / DWI Lawyer she could find. She understood the importance of having a lawyer who specializes in the complex field of Virginia DUI / DWI defense, and even though her case was in a jurisdiction some distance away, she chose Manassas, Virginia DUI / DWI Defense Lawyer, T. Kevin Wilson of The Wilson Law Firm.
She had been out with a friend and at the end of the night the friend began driving them home. At some point they decided the friend should not be driving so they switched positions and Client drove the rest of the way home. An off-duty officer noticed what he described as erratic driving and called for an on-duty officer to respond. The off-duty officer followed the vehicle to Client’s home, and the arresting officer arrived shortly thereafter. After a brief DUI / DWI investigation, Client was arrested and accused of DUI / DWI.
As a seasoned veteran DUI / DWI Defense Lawyer, T. Kevin Wilson immediately recognized the legal significance of these unusual circumstances. Mr. Wilson got the breath test result thrown out because the officer violated Virginia law regarding warrantless misdemeanor arrests, which effectively eliminated the "over the limit" charge, but the "under the influence" charge remained. Then, T. Kevin Wilson used his specialized education, training and experience to challenge the remaining evidence which included field sobriety tests, and after considering all the evidence and arguments presented, Client was found NOT GUILTY.
DUI and DWI
DUI / DWI Case - NOT GUILTY of DUI / DWI (Northern Neck)
N/A
OUTCOME: Not Guilty of DUI / DWI, T. Kevin Wilson gets Virginia DUI / DWI amended to Reckless Driving
A terrified young lady contacted T. Kevin Wilson of The Wilson Law Firm seeking assistance with a Virginia DUI / DWI down in Virginia's Northern Neck. She was employed by a federal agency in Northern ...Virginia, in a position which requires a security clearance, and she said she needed to avoid a DUI / DWI conviction to protect her clearance, and her job. The outcome of her case was important and she understood the need to hire the best Virginia DUI / DWI Defense Lawyer she could find. She had done her homework, comparing education, training, certification courses, successes, etc. and she concluded she wanted T. Kevin Wilson to handle her case. Mr. Wilson agreed to take the case and put his expertise to work. He gave Client multiple assignments to help with case preparation and Client did absolutely everything Mr. Wilson asked of her. Eventually, Mr. Wilson sat down with the prosecuting attorney to discuss how to handle the case, and after much discussion, Mr. Wilson was able to persuade the prosecuting attorney to amend the charge against Client from DUI / DWI to Reckless Driving. Client avoided prosecution for DUI / DWI and in doing to, protected both her security clearance and her career.
