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DUI Case Results

*DISCLAIMER – CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

NEWS RELEASE: 10/26/2011

North Carolina man charged in Chesapeake, Virginia found not guilty of DUI and REFUSAL after Virginia beach DUI Lawyer Jason Swango argued the case.

DUI Lawyer Jason Swango of Virginia Beach, Virginia won another DUI case in the General District Court of Chesapeake today. After successfully arguing that the breath tech operator who attempted to administer the breath analysis of the defendant failed to provide the recorded sample under Virginia Code 18.2-268.2 and that the officer first stated that he tells everyone that the only people that can’t blow into the machine are those that are unconscious (which is absurd) but then admitted that he didn’t make that statement to the defendant, it became apparent that there was some tendency of bias in the testimony. After reciting the code section from memory, and the prosecutor admitting that she was unfamiliar with the statute, the presiding Judge of the case ruled that the defendant was NOT GUILTY of refusing to submit to the breath test. On a second motion to strike the evidence as it related to the DUI, the judge granted the motion, over the adamant objection of the prosecution, because Attorney Swango argued that the evidence was absolutely insufficient for a finding of guilt and that the prosecution in the case did not prove the elements beyond all reasonable doubt. The arresting officer stated that the defendants speech was slurred and slow. Attorney Swango asked one question: have you ever talked with the defendant prior to this stop to determine that this slurred and slow speech was how he actually talks or as a result of being intoxicated? Officer stated that she had not. The judge noted during the case that he had never heard the creative argument Mr. Swango raised and that the prosecution should be ready for Mr. Swango’s arguments in the future.

NEWS RELEASE: 10/4/2011
Sailors DUI 2nd offense within five years in Chesapeake General District Court successfully argued by DUI defense Lawyer Jason Swango after filing briefs on the controversial issue.

After 7 months, local sailor charged with a 2nd DUI in five years sees charged reduced to reckless driving and his career is saved by DUI Defense Lawyer Jason Swango. The judge indicated that he was going to convict the sailor of DUI 2nd and impose mandatory jail time when DUI Defense lawyer Jason Swango cited a Court of Appeals case that was right on point. The case was a decision from 1999. "it took over an hour of oral arguments after the prosecutor and I submitted briefs on the issue. I was able to show that the reasoning that the prosecution was relying on was absurd" said Swango. "Once the arguments were over, it was clear to the court that the prosecution didn’t meet their burden for conviction." At issue was a recent deletion and insertion of statutory language concerning the calibration of breath taking machines. The Court indicated that they never heard the argument made by a defense attorney and we briefed the issue. Prior to oral arguments, the Commonwealth Attorney’s Office in Chesapeake used Mr. Swango’s clever argument and "fixed their problem" with future DUI’s according to Swango. It is apparent, that should they ever slip Mr. Swango will be prepared to argue successfully in future cases. The judge hearing the case stated that it was the best oral argument of the law he had ever heard presented. Homework and knowing case law is always important when arguing in court on your clients behalf!

NEWS RELEASE: 9/2011
Sailor DUI reduced in Virginia Beach by successful argument by Virginia Beach DUI Lawyer Jason Swango

Sailor charged with DUI was successfully argued by Attorney Swango and the charge was reduced to reckless driving in Virginia Beach General District Court. The officer attempted to introduce evidence that was objected to by defense counsel and sustained. After successfully arguing that the field Sobriety Tests did not indicate impairment, charge was reduced.

NEWS RELEASE: 7/18/2011

Local sailor found not guilty of DUI.  After arguing the field sobriety tests performed by a local sailor, Attorney Jason Swango of Swango Law P.C. successfully argued that the evidence against his client did not prove driving under the influence of alcohol by all reasonable doubt.  Judge reduced the DUI to reckless driving after evidence did support that he nearly hit a police officer after running a red light.  The BAC of the sailor was .08.  Reckless driving is not a lessor included offense and sailor may appeal the reckless driving conviction because his due process rights under the United States Constitution were violated with the ruling.  Sailor’s career in the military was saved!  His attorney feels that the reckless driving conviction will be overturned on appeal.

 

NEWS RELEASE 5/16/2011
Newport News DUI Result

          Attorney Jason Swango was successful in negotiating the reduction of an elevated .BAC (.16) to less than a (.14) which eliminated mandatory jail time for the client.  He also was able to get the Reckless Driving (86/60) dismissed, too.  Client did no active jail time and was ecstatic about being able to keep his government job!  Swango stated that “Getting a result such as this is a win for my client.  We knew that we had an uphill battle with the video and other supporting evidence but hard work pays off!”

NEWS RELEASE 12/22/2010

Another DUI dismissed in Virginia Beach – Merry Christmas Sailor
          Attorney Jason Swango was successful in arguing the dismissal of a recent DUI in Virginia Beach.  “This is the second dismissal in as many months because of the thorough follow through and discovery practices of our firm.”  I am holding officers accountable in providing discovery in a timely manner and will continue to file motions for dismissals accordingly, says Swango. 

          Although Attorney Swango cannot release the name of the client because of attorney/client privilege, Swango mentioned that it was a navy enlisted member who has had a stellar start to his career. 
          Mr. Swango added that the military should withhold judging and disciplining sailor and soldiers until the outcomes of the criminal cases, because of results such as these.

NEWS RELEASE  August 2010

DUI reduced after attorney showed that military refused to treat PTS disorder and subsequent death of infants prior to the stop.
          North Carolina man who is in the U.S. military had DUI reduced to reckless driving with no active jail time.  Attorney Swango argued that the recent diagnosis of Post Traumatic Stress Disorder, that the military failed to treat after soldier suffered injuries from an IED that exploded in Iraq, and the subsequent death of the soldiers two infant children in the States, gets DUI reduced to Reckless driving. 
          “This outcome was very favorable to my client and was appropriate under the circumstances.”

NEWS RELEASE November 2010

DUI dismissed – Discovery non-compliance kicks out DUI in Virginia Beach
          DUI dismissed after Attorney Swango successfully pointed out that the arresting officer was intentionally putting the case off by asking for multiple continuances and failing to provide discovery under Virginia law to the defense.  It is important for the officers to provide the discovery required under the law, says Swango.  Swango added that most police officers are very good at getting the discovery answered and returned but that sometimes, it just doesn’t happen.  The ruling to having the case dismissed with prejudice is a great victory for the client and hopefully will ensure that proper discovery responses will happen in the future, says Swango.