"Grand Slam:" DUI and Reckless Driving charges DISMISSED

As a federal prosecutor and, more importantly, as a parent who always taught my children to obey the law, I was extremely upset and disappointed when my 19 year-old son who was stationed in the military in Virginia was involved in an accident in Caroline County and charged with DUI, Reckless Driving, Aggressive Driving, Failure to Maintain Proper Control of his vehicle, and Underage Possession of Alcohol.  As a prosecutor who is used to being on the government side, I also have a tremendous amount of respect for the role of the defense attorney in the judicial process.  I called a friend of mine who is a federal prosecutor in Virginia and asked for a recommendation for a lawyer to represent my son.  Without hesitation, he recommended Bob Battle.

I was extremely surprised to learn how little the prosecution is required to reveal to the defense attorney prior to trial under Virginia law. Bob told us that he was well aware that the system does nothing to ease one's mind prior to trial and that, in most cases, the only thing you can do to help yourself is to find an experienced DUI lawyer to place your trust in.  He told me that the the Virginia system, in which there is virtually no time spent by the prosecutor's office preparing for trial, is structured in such a way that you are constantly able to use that situation your client's advantage.  Boy, did Bob Battle prove that to be true at trial! 

First, the trooper was unable to compel his out-of-state witness to appear at trial.  There were also issues as to the admissibility of the hospital blood test and even the "green bottle" found in my son's car was not properly analyzed.  The end result was that:

  • The DUI charge was dismissed when you are able to exclude the .10 blood test from evidence. 
  • The Reckless Driving, Aggressive Driving and Failure to Maintain Proper Control charges were dismissed because there were no witnesses who saw the accident. 
  • There was no analysis of the beer and the Underage Possession of Alcohol charge was dismissed.

I was hoping for the best, but I have to admit I am still amazed that you hit a grand slam and all charges were dismissed.  Thanks again.


-Client’s Parent, Assistant U.S. Attorney