Approximately one-third of all motor vehicle fatalities in Virginia are alcohol-related. Consequently, the state has enacted some of the country’s most stringent drunk driving laws (which also apply to drugged driving).
As an example, those convicted of first-offense driving under the influence (DUI) lose their drivers’ license for one year and have a mandatory ignition interlock device when they commence driving. A three-year driver’s license suspension is levied after a second offense, along with a minimum of twenty days of incarceration (if the charge occurs within five years of a first conviction). Additionally, expensive fines, costly drug and alcohol classes, CDL license suspension, job loss, and other consequences may apply, making it imperative to secure an experienced Marion DUI attorney as soon as possible to help mitigate risk.
For over two decades, The Law Offices of Mark T. Hurt has successfully advocated for clients, including reduced charges and dismissals in DUI cases involving residents of Marion and the surrounding communities. If you or a loved one was cited for DUI or DWI, we invite you to call our office to schedule a free consultation with Marion DUI lawyer Mark Hurt to learn about your legal options and potential defenses. We offer affordable fixed-fee pricing in most cases and accept credit cards.
Get the Help You Need – Call The Law Offices of Mark T. Hurt Today for a Free Consult and Case Evaluation!
Is It Possible to Fight a DUI If I Was Drinking and Driving?
In America, everyone is presumed innocent unless and until they plead guilty or are found guilty in court. It doesn’t matter how much you may have had to drink, when charged with a crime, you are still legally innocent.
Along with this presumption of innocence, it is always best if a person charged with a crime invokes their right to remain silent. Not only should those charged with a crime not discuss any matters with officers or prosecutors, they also should not comment on their case to friends or family, or – importantly – on social media.
If you’ve been arrested for a DUI, by all means you should fight your charge. As a Marion, VA DUI lawyer, attorney Mark Hurt can help you by vigorously defending your rights and any charges against you. This defense may include seeking the dismissal of charges or the exclusion of possibly incriminating evidence, seeking to negotiate for lesser charges with the prosecution, or fighting for a not guilty verdict in court.
Who Controls the Decisions in My Case?
As the client, you will always be in full control of your case. As an experienced DUI lawyer Marion, VA relies on, the role of Mark Hurt is to provide you with the strategies and options that may be available, discuss with you any merits of such strategies and defenses, and work vigorously in seeking to achieve the best outcome possible for you based upon the strategy that you select. You will at all times be in control of decisions such as to agree to a plea deal (if one is forthcoming), or to take your case to trial.
What Defenses May Be Available?
Nearly 10% of drivers are wrongfully convicted of DUI; however, even if an individual was driving intoxicated, defenses may be available to justify a dismissal or reduced penalties, including:
- Lack of Probable Cause. Law enforcement officers must have a legally justifiable reason for pulling someone over. This reason is sometimes referred to as “probable cause.” At trial, the police must be able to articulate the probable cause reason for a traffic stop. If the police pull you over without probable cause, it may be possible to seek a dismissal.
- Challenging Chemical Tests. It is illegal to drive with a blood alcohol concentration of .08% or more in Virginia, and chemical tests alone can prove intoxication. However, it is possible to challenge a test by proving the results are unreliable due to a flaw in the testing procedure or other inaccuracies, including if the equipment has not undergone proper testing. We regularly work with experts who can assist in substantiating the unreliability of such tests.
- Challenging An Officer’s Testimony. An officer’s testimony can provide significant support to a prosecutor’s case. For example, an officer may state that an individual had slurred speech. We will want to know what exactly what was said and what questions the officer may have asked. Often, when officers are not able to remember these aspects, it can cast significant doubt on behalf of jurors regarding an officer’s recollection and testimony. At The Law Offices of Mark T. Hurt, we work to refute erroneous observations whenever possible.
- Introducing Witness Testimony. In some instances, it may be possible to challenge an officer’s testimony by presenting a witness. It’s important for jurors to understand that two different people can witness the same event and have very different recollections and impressions about what occurred.
- Offering Explanations for Certain Behavior. If an individual has a medical or other condition that negatively impacts field sobriety tests or other evidence, we work tirelessly to ensure that the Court is aware of such conditions. For example, if an officer claims that a person was driving under the influence because they had bloodshot eyes, then we could offer information regarding allergies or other medical conditions.
No matter how overwhelming the evidence against you may seem, we may still be able to argue for reduced penalties or a complete dismissal (especially if a wrongful stop was made, or if key evidence is not admissible). After learning about the facts of your case, we would be happy to explain all potential defenses, as well as the options available to you concerning seeking a plea deal or going to trial
Tenacious Advocacy and Proven Victories in DUI Cases.
Marion DUI lawyer Mark Hurt has substantial experience in successfully representing Marion residents and those living in the surrounding communities for over two decades. He zealously advocates for clients in matters involving (but not limited to):
- First DUI or DWI
- Felony DUI
- DUI resulting in injury or death
- Driver’s license suspensions
- Breathalyzer refusal
- Ignition interlock devices
- Field sobriety refusals
When you need tenacious defense, you can rely on The Law Offices of Mark T. Hurt. Call our office today to schedule your free case evaluation.
What Are the Penalties for a DUI or DWI Conviction?
Those convicted of a DUI can face devastating penalties, including (but not limited to):
- Expensive Fines
- Driver’s License Revocation (for a minimum of one year for a first offense)
- Loss of a Commercial Driver’s License
- Alcohol Safety Class
- Ignition Interlock Devices
- Loss of Employment
- Misdemeanor or Felony Criminal Record
- Loss of Employment
The chances of avoiding such penalties significantly increase when an individual is represented by an experienced DUI lawyer. Thus, if you or a loved one was cited for DUI or DWI, we encourage you to reach out to us as soon as possible to schedule a free consultation with firm-founding attorney Mark Hurt.
When Should I Retain an Attorney?
Virginia’s judicial system is one of the most efficient in the country, meaning that DUI trials are typically scheduled within less than two months from the time of an arrest. For this reason, it is critical to retain a tenacious Marion drunk driving lawyer as soon as possible, as waiting even a few weeks can significantly impact the ability to acquire evidence and build a strong case.
Call Our Office Today to Schedule a Complimentary Consultation with Experienced Marion DUI Defense Attorney Mark Hurt!
Frankie was the best. She helped me mentally, lawfully, she communicates and I appreciate her. I would never ever contact anyone else other than her if I’m ever in a situation in VA and if this law firm can cross state lines I would pay them! I felt so secure and safe! Thanks so much!