DUI/DWI

DUI/DWI Defense Lawyers

If you are facing a DUI charge in southwest Virginia, including Roanoke, Botetourt, Franklin, or Montgomery County, call attorney Kevin Gick at the law firm of Frankl Miller Webb & Moyers, A former state prosecutor with law enforcement contacts, he has represented Virginia residents, out-of-state-drivers, tractor trailer and professional drivers, college students, and everyone in between. The initial consultation is free, confidential, and Mr. Gick himself will call you back.

Si usted o un ser querido enfrenta un cargo de DUI (manejar borracho) en el suroeste de Virginia, incluyendo la ciudad o condado de Roanoke o los condados de Botetourt, Franklin, o Montgomery, no deje de llamar a abogado Kevin Gick en el bufete de ley de Frankl Miller Webb & Moyers. Un ex fiscal del estado, ha representado a residentes de Virginia, conductores fuera del estado, conductores de remolques de tractores y conductors profesionales, estudiantes universitarios y todos los que están en el medio. Él estudiaba y vivía en España y habla español. La consulta es gratis y abogado Kevin Gick si mismo le llamá a usted. No importa de dónde es usted.

Let A Former Prosecutor Review Your DUI Case

Don’t assume that you were drunk just because the officer charged you. You need an experienced attorney in your corner, someone who knows where to look for weaknesses in the government’s case. Traffic prosecutors prioritize DUI offenses. These cases cases are practically impossible to fight without an attorney by your side.

We will comb through the evidence in defending your rights:

  • The traffic stop: The police cannot stop you without a reasonable, articulable suspicion of wrongdoing. If the police officer pulled you over on a mere hunch, the DUI can be dismissed.
  • The arrest: The police must have had probable cause to arrest you for DUI. Especially if you declined to take the preliminary breath test in the field, the DUI arrest may have been improper. If so, the DUI charge may be dismissed.
  • Field sobriety tests and video evidence: The police report will typically claim that you showed many signs of impairment on the field sobriety tests. However squad car dashboard video and body camera footage often has a wealth of exculpatory evidence challenging the officer’s conclusions. We will review all video evidence with a fine-tooth comb. Few things can destroy an officer’s credibility faster than when his own video contradicts his police report or his testimony. Especially, if your blood BAC was under .08% or you refused the formal BAC test at the jail, you may have strong defense to a DUI.
  • Chemical test of your blood alcohol content (the “Certificate of Analysis”): The formal, scientific analysis of your BAC through a breath test or a blood draw is powerful evidence as to intoxication. Our job is to exclude the evidence when it lacks and adequate scientific foundation. The government must prove that your breath or blood sample was taken according to protocol and analyzed on a calibrated machine which was operated by a trained technician. Even if your BAC was measured .08 or more, your actual BAC may have been lower than what the certificate of analysis says. This can happen if you had your last drink shortly before being stopped by the police. Attacking the reliability of the BAC result can mean avoiding mandatory jail time or even having the DUI dismissed.
  • Prior DUI convictions: The government can only rely upon out-of-state DUI convictions that are “substantially similar” to Virginia DUI law and which were committed within 10 years of your pending DUI charge. We will object to evidence of any prior conviction that does not meet these criteria. Just as with your BAC result, keeping your “prior” out of evidence can make the difference between going to jail or not.

In cases where the DUI evidence is not strong, we can negotiate with the prosecutor to see if the DUI can be reduced to a non-alcohol related charge.

The Serious Criminal And Financial Consequences OF A DUI

Being convicted of DUI will mean that you will have a permanent criminal record. Your automobile premium will likely increase. A conviction could seriously hurt your applications to college, grad school, or employment. And it could prevent you from being promoted or even get your fired from your job.

The penalties increase with each DUI conviction. A 1st offense DUI, or 2nd offense DUI within 10 years, is a class 1 misdemeanor. A 3rd or 4th offense within 10 years is a class 6 felony. A conviction means you will lose your driver’s license. You will be court ordered not to consume alcohol, to report to a probation officer, to pay for and attend the Virginia Alcohol Safety Action Program (VASAP), and, if you are allowed a restricted license, to pay for an expensive ignition interlock device on your car for a minimum of six months.

DUI While Operating A Commercial Motor Vehicle

People operating a Commercial Motor Vehicle with a Commercial Driver’s License (CDL) can be charged with DUI if they are drive with just a .04% BAC. Because a CDL is required to work as a tractor trailer driver, you will lose your CDL for one year and your job. You will also lose your license to drive your personal (non-commercial) vehicle too.

Underage And Student DUIs

Anyone who is under the age of 21 can be charged with a DUI if they drive with a BAC of .02 percent. A DUI can be especially disastrous for college students because it can cause expulsion or other serious academic repercussions. We will defend your child and work with the prosecutor to see if an alternative to a criminal conviction may be possible.

Learn More By Contact The Firm

If you are facing any type of DUI charge, you need an experienced and skilled defense attorney who can fight for you. Contact Frankl Miller Webb & Moyers, to speak with Mr. Gick in a free consultation. Call us at 540-627-5131 or send us an email to schedule your free consultation.

Hear From Harriet

TRAFFIC OFFENSE
★★★★★

Traffic Ticket Dismissed. I contacted Kevin Gick after my son got a speeding ticket. I had already contacted a few other attorneys’ offices and could not get any attorney to call me back. When I called Kevin he actually answered the phone. He spoke to me and explained the process. He is a very understanding and compassionate man. It was on short notice too, he was able to get the court to grant a continuance. His staff was also very helpful and polite and that meant a lot to me. My son did not live in area and Mr. Gick was able to handle his case effectively without him needing to be there. He was very successful in getting my son’s ticket dismissed!

Hear From Ryan

TRAFFIC OFFENSE
★★★★★

Amazing Experience. I contacted Mr. Gick for a reckless diving charge I received traveling through VA on my way home from NC. Mr. Gick was great from the very beginning. I left him a voicemail and he messaged me back within minutes and I was able to get a free consultation that same night. He was helpful and responsive through the entire process and made it incredibly stress free.

Hear From Becky

TRAFFIC OFFENSE
★★★★★

Knowledgeable, experienced, great customer service. I contacted the office of Frankl, Miller, Webb & Moyers because I got my first and only speeding ticket in over twenty years of driving history. Obviously I was a mess… that is after I spoke with Mr. Gick who assured me that if I followed his instructions, everything will be ok. Did I mentioned I was driving from VA to NJ where I live? Yes. I followed every instruction and he took care of everything, getting the ticket dismissed… I thank God because this matter was resolved.

TRAFFIC OFFENSE
★★★★★

I highly recommend Kevin Gick as a lawyer. I read one of the reviews before I picked him which said that he called back the same day. He did for me as well. I explained everything to him about my wife’s case and he explained everything to me exactly what to expect. He gave me the best scenario and worst scenario. He spent a lot of time gathering evidence. He kept me informed every step of the way. He always told me good news but kept me aware that the worst case scenario may still happen. He got the case dismissed. I am very pleased and he will always be my lawyer.

TRAFFIC OFFENSE
★★★★★

Kevin was great. He handled my case very professionally and was able to get my case dismissed. He was always very responsive and answered any doubts I had very promptly. I highly recommend him!