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DUI Archives – Ervin Kibria Law

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Criminal DefenseDUIDUI LawyerDWIFairfax Criminal DefenseReckless DrivingVirginia

Can a Fairfax DUI Lawyer Help Me?

July 1, 2022by Justin Ervin

I Was Arrested for a DUI, Can a Fairfax DUI Lawyer Help Me?

DUI offenses happen quite often in Fairfax, Virginia. Many times, getting charged for these offenses could cause untold distress and put your life on hold. If you have been arrested for a DUI offense in Fairfax, Virginia, knowing an experienced  DUI lawyer can make a big difference. A skilled Fairfax DUI lawyer will save the day and help you find your way out of the legal web.

Your Choice of DUI Attorney Matters

The state of Virginia frowns heavily on driving under the influence offenses. For this reason, your defense must be solid and aggressive. Therefore hire only experienced DUI defense attorneys with an in-depth knowledge of the law and s successful track record.

How Can a Fairfax DUI Lawyer Help You?

A DUI defense lawyer has received training to help with various degrees and severities of DUI offenses. They also understand the Virginia and Fairfax county justice map better than you do. Also, your Fairfax DUI lawyer will have forged valuable connections that will prove helpful in gathering facts while investigating your case.

Depending on the case and the skill of your attorney, you will either get a lighter sentence or even get you off the hook entirely. There are several steps a DUI attorney must take to do any of these.

Case Evaluation

There are several peculiarities in every DUI case. No matter how similar your case is to another, any experienced DUI defense attorney knows there is always something new. For this reason, a thorough case evaluation is essential to your defense.

Your lawyer will listen to your account and compare it with official reports. Your attorney will also collect and review every piece of evidence associated with your case.

Give Sound Legal Advice

After examining your case’s circumstances, your lawyer will be in the best position to know the way forward. Laws can change after a while, and it takes an experienced lawyer to know the latest updates.

From the knowledge of current laws, an intelligent Fairfax DUI lawyer will know what is at stake in your case. They will also know whether a diplomatic or aggressive approach will do you the greatest good. Finally, your lawyer will put all your options on the table, such as plea deals and squaring off with the state in a trial, and advise you on the best choice.

Keep You in the Loop

Your attorney owes you regular updates on the progress of your case. A DUI attorney will notify you of any new developments without any delays. These developments include court appearances and details of court proceedings.

Plea Deals and Trials

There are several solutions that your lawyer may implement to keep you out of jail, from losing a lot of money, or protect your license. These solutions include proceeding with a trial or negotiating a plea deal. Therefore, hire a lawyer wih impeccable negotiation skills.

Get Top Quality Fairfax DUI Representation With Ervin Kibria, PLLC

If you require a Fairfax DUI lawyer to help you with a DUI case, hire the legal team at Ervin Kibria PLLC. Our lawyers will fight to esure you don’t get an unjust sentence. Contact us now to speak with one of our skilled attorneys.

CALL TODAY FOR YOUR FREE CONSULTATION:  (703) 962-7790

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Criminal DefenseDrunk DrivingDUIDUI LawyerFairfax Criminal DefenseReckless DrivingVirginia

When Do You Need a Fairfax DUI Lawyer?

June 24, 2022by Justin Ervin

When Do You Need a Fairfax DUI Lawyer?

The Commonwealth of Virginia has zero-tolerance for driving under the influence (DUI). So, if law enforcement pulls you over for DUI, you’re at risk of steep penalties. In such circumstances, it’ll be wise to contact your Fairfax DUI lawyer before your case gets complicated.

In Virginia, you’re guilty of drunk driving with a blood alcohol content of 0.08% or more. If you’re a first-time offender, you risk a one-year jail term and license suspension. You may also have to pay a $250 mandatory minimum fine. Subsequent offenders will typically face stricter punishment.

So, when is the right time to consult a DUI attorney to avoid the above penalties? You’ll find the answer to this question as you read on.

How Can a Fairfax DUI Lawyer Help You Beat a DUI?

Is it necessary to contact a DUI lawyer? Yes. An attorney will offer you quality representation to avoid a DUI conviction using these legal defenses:

●       Absence of Reasonable Suspicion

Virginia DUI laws mandate that police officers can only pull you over if they reasonably suspect that you were drunk driving. Your attorney can argue that the law enforcement officer didn’t have reasonable cause to stop your vehicle. Any DUI arrest will be invalid in such cases, and the court will dismiss your case.

●       No Probable Cause

Besides reasonable suspicion, law enforcement cannot arrest you for DUI without reasonably believing you’re guilty. Any arrest without probable cause is invalid.

●       Invalid Field Sobriety, Horizontal Gaze Nystagmus (HGN), Breath or Blood Tests

There are various tests a police officer can mandate you to take if they suspect DUI. These tests carry guidelines that the law enforcement officer must strictly observe. Your lawyer will evaluate your case carefully to discover any irregularities in the test procedures. If there are any, they’ll leverage it to secure a case dismissal or dropped charges.

●       Violated Constitutional Rights

Every Virginian has constitutional rights during a traffic stop and even upon arrest. If a police officer infringes on your rights, your Fairfax DUI lawyer can secure your freedom based on such violations.

When Should I Call a DUI Attorney in Fairfax?

The best time to call your Fairfax DUI lawyer is immediately after your arrest. This will give your attorney enough time to prepare for your defense. In many cases, law enforcement will not allow you to speak with your lawyer during an investigation.

A DUI charge is a serious crime, so you must call your attorney whether you think you’re innocent or not. Even when you’re innocent, you don’t have the legal experience it takes to handle your case successfully.

Again, your lawyer will examine the evidence and find loopholes to prove your innocence. Remember that you have the right to remain silent and refuse to answer questions until you speak with your attorney.

Reach Out To Ervin Kibria, PLLC, Now!

If you need to speak with a Fairfax DUI lawyer, the experienced attorneys at Ervin Kibria, PLLLC, are your best option. Our law firm specializes in DUI cases and has an impeccable track record of case dismissals. So reach out to us now to learn more about how we can help your case.

CALL TODAY FOR YOUR FREE CONSULTATION:  (703) 962-7790

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Criminal DefenseDUIFairfax Criminal DefenseReckless DrivingTraffic Ticket

What Is Reckless Driving and How Can a Reckless Driving Lawyer Help Me

June 21, 2022by Justin Ervin

Reckless Driving in Northern Virginia

Reckless driving is a criminal offense in Fairfax County, Virginia. It refers to where a person willfully operates a vehicle without regard to the safety of people and property. If convicted, you can face thousands of dollars in fines, jail time, or a criminal record that can impact your life. Hiring a reckless driving lawyer to protect your right makes a massive difference in your case.

A criminal traffic conviction can increase your insurance premium, creating financial hardship. So when you are issued a ticket for reckless driving, don’t take it as a simple citation. Instead, you should protect your rights and future by getting a lawyer if charged. This article explains reckless driving and what to do if arrested and charged.

What Is Reckless Driving?

Under Virginia law, a person who drives a vehicle recklessly or in a manner that endangers the life and property of others is guilty of reckless driving. Several actions can be considered reckless driving in Fairfax County, VA. They include but are not limited to:

  • Driving a vehicle with faulty brakes
  • Failing to yield right of way
  • Passing a stopped school bus
  • Driving with the driver’s view obstructed
  • Driving over the applicable maximum speed limit of 20 miles per hour
  • Driving two abreast in a single lane
  • Driving more than 85 miles per hour regardless of the applicable maximum speed limit
  • Injuring or causing the death of another while engaging in a race, etc.

What Are the Penalties for Reckless Driving?

Reckless driving is not a simple citation or moving violation in Virginia. It is considered a Class 1 misdemeanor with severe penalties that can impact your life. In evaluating the appropriate sentence for your conviction, a judge will consider factors such as:

The punishment for the conviction of reckless driving in Virginia includes six points on your driving record, driver’s license suspension for up to six months, and confinement in jail for one year. You may also pay a fine of up to $2,500 and lose driving privileges for up to six months.

How Can a Reckless Driving Lawyer Help Me?

Many defendants charged with reckless driving go to court without legal representation. Unfortunately, representing yourself in court may not be in your favor. Virginia’s reckless driving laws are complex to navigate. Therefore, you need a lawyer experienced with reckless driving defense to handle your case.

They can help review your case to determine whether there are mitigating factors and negotiate with government prosecutors. A lawyer will also fight to reduce or dismiss your conviction, arrange a plea agreement for a lesser charge, and appear in court on your behalf.

Discuss Your Legal Options With a Reckless Driving Lawyer Today!

Reckless driving is a severe offense in Virginia. The penalties can affect your driving privileges and damage your record. If you have been issued a ticket, there is no time to waste. At Ervin Kibria PLLC, we will fight to reduce or dismiss your charges. So reach out to our reckless driving lawyer today for a free consultation.

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DUI

Is a DUI/OWI Considered a Criminal Offense?

April 17, 2019by admin

  Is a DUI a criminal offense or a traffic violation? When someone operates a vehicle in the District of Columbia with alcohol in their body, and that alcohol level is well above the legal limit, they are committing a dangerous and serious crime- DUI (driving under the influence), OWI (operating a vehicle while intoxicated) […]

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DUI

How To Get Your Drivers License Back After a DUI or OWI

April 3, 2019by admin

Getting your license back after a DUI can be a little tricky. According to the (NHTSA) National Highway Traffic Safety Administration, approximately 30 people die every single day in alcohol-related accidents. To be specific, that’s about one person every 48 seconds. When you’re driving under the influence of alcohol, you will most like fall under […]

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DUI

How to Spot the Best DUI Lawyers in Washington DC

March 25, 2019by admin

  Successfully defending clients, who have been charged with a DUI, is a nuanced skill of extreme value, that not many attorneys or law firms have mastered. Ervin Kibria Law has mastered this skill. Attorney Nabeel Kibria’s, of Ervin Kibria Law, mastery of DUI litigation has led to many successful victories for his clients. If […]

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Can a Fairfax DUI Lawyer Help Me?