Manassas, Virginia DUI / DWI lawyer, T. Kevin Wilson, has successfully represented another client accused of DUI / DWI. In this case, Mr. Wilson was successful in getting the blood test suppressed resulting in the client's Fairfax County DUI / DWI case being dismissed.
T. Kevin Wilson's client was arrested by a Fairfax County Police Officer and accused of Driving Under the Influence of Alcohol and/or Drugs in violation of 18.2-266 of the Code of Virginia. Her blood was drawn and an analysis performed at the Department of Forensic Science suggested three distinct drugs were present.
Virgiinia DUI / DWI law permits a Circuit Court to enter an order allowing certain persons to withdraw blood in a DUI / DWI case. However, the law in question requires the Circuit Court entering the order to act on the recommendation of a licensed physician. In this particular case, the order which was presented to the Fairfax County General District Court as authorization for this particular blood draw had been entered by the Fairfax County Circuit Court in 2005, but was not on the recommendation of a licensed physician, as required by Virginia law. As a result, the blood test was suppressed and the DUI / DWI case was dismissed, adding this particular client to the list of satisfied clients for T. Kevin Wilson.
Since the court order authorizing many people to withdraw blood which was used in this case was entered by the Fairfax County Circuit Court back in 2005 and was still being used, it is reasonable to assume that other lawyers must had cases involving this particular order and failed to recognize the defect in the order. If that assumption is true, the failure of those lawyers to recognize the defect in the order may very well have resulted in their clients being unjustly convicted.
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