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A DUI conviction has the potential to impact a person’s life for years. At Tillotson & Martin, we understand the long-term ramifications of this offense, which is why we thoroughly prepare for each case and aggressively fight the charge. Over our 30+ years of combined experience, our Coastal Virginia DUI lawyers have obtained favorable outcomes for past clients. Read about a few below. If you need effective defense for your case in Hampton Roads, Newport News, and beyond, call us at (757) 568-7978 or contact us online today.
  • Not Guilty
    2nd Offense DWI

    Our client was taking a friend back to his car at about 1 am. He suffers from sleep apnea and insomnia and was extremely exhausted. An off-duty officer called in that he was swerving all over the road. When the arresting officer got to the client’s home, the client said for him to get the “F*** off my property.” We previously had gotten the refusal charged dismissed. There was no way a judge would have found this impolite person not guilty, so he chose a jury who did find him NOT GUILTY.

  • Not Guilty
    DWI 1st Accident Involving a CDL Driver

    A commercial truck driver blew a 0.16 BAC after being arrested following an accident. The State Trooper stated the client had slurred speech and failed his field sobriety tests. Insisting on his innocence, the client declined to accept an offer that avoided mandatory jail time. Following a two-day jury trial involving multiple experts, the jury agreed the breath test was not accurate and found the client Not Guilty. His CDL – and therefore his livelihood – was saved.

  • Not Guilty
    DWI 2nd Offense with RISING BAC Defense

    After consuming two glasses of wine earlier in the day, our client was asked to help his daughter move some things on a hot day. On the way home, he stopped at a 7-11 and bought a 22 oz. beer which he drank very quickly. He was pulled over shortly after leaving the parking lot, failed the sobriety tests and blew a .09. We brought in a toxicologist who testified that since the client had consumed the last drink just prior to his arrest, that the number at the station would have been higher than what it was during the driving. The judge is known to be very tough on DUIs, but she announced a rare NOT GUILTY at the end of the trial!

  • Not Guilty
    DWI with .18 BAC & Weaving within Lane

    The officer followed my client for approximately two miles. After the third time my client went from one side of the lane to the other (without ever crossing any lines) he pulled the client over. Even though Field Sobriety Tests were bad, and the Court agreed that weaving in the lane can be enough to pull someone over, just three times over two miles was not enough. Therefore the 4th Amendment required that all of the evidence be suppressed, and the client was found NOT GUILTY!

  • Charges Reduced, Career Saved
    LT. Colonial’s DWI 1st Offense

    This was a very close case that had we gone to trial, I think we could have gotten a not guilty. However, after discussions with the prosecutor, all sides agreed to have the DWI reduced to a reckless driving with VASAP and fine but no loss of license and no jail time.

  • Career Saved
    Military Doctor Found Not Guilty of DWI & Refusal

    A doctor was pulled over and arrested while driving home from dinner. He consumed three drinks over two hours. Despite the doctor’s objecting to the field sobriety tests, the officer insisted he perform them. Because of this, the court threw out the tests and found him Not Guilty of the DWI and dismissed the Refusal as well.

  • Case Dismissed
    Nurse Charged with DWI after Taking Ambien

    A nurse mistakenly took two Ambiens instead of one after having a few drinks earlier in the evening. She left the house, got into an accident, and was arrested. She had no memory of the events. Normally, taking Ambien after drinking is not a defense in Virginia; however, the judge accepted our argument of mistaken intoxication. She was found Not Guilty.

  • Not Guilty
    Out of State Lawyer Charged with DWI

    An out of state lawyer from one of the biggest law firms in the country was in Virginia for a wedding. He was charged with .09 DWI charge. He hired the best criminal defense attorney in that Northern Virginia jurisdiction and hired me as co-counsel for my DWI expertise. The local attorney felt we would not win but could appeal and hope to get a favorable plea agreement. I cross-examined the cop on the breath test result and the field sobriety test using the police officer’s own manuals. The Judge found our client NOT GUILTY. Local counsel commented that he had never seen another lawyer in his over 30 years of practice use the police officer’s manuals the way I did.

  • Refusal & Case Dismissed
    Overzealous Breath Test Operator

    My client did not do poorly on the field sobriety tests and the driving wasn’t that bad. She attempted to blow six times into the breath test machine but was charged with a refusal. Breath test logs showed she was blowing but never got to the required volume. The officer testified she was screwing around. Judge disagreed and found her NOT GUILTY on both charges.

  • Case Dismissed
    DWI 2nd Offense with a .28 Blood Result

    Following a bad accident, the client was taken for a blood test prior to being arrested. No field sobriety tests were given due to injuries sustained in the crash, and no summons was issued. The breath test was suppressed because there was no proof that the client has not had consumed alcohol after the accident. The judge found our client Not Guilty.

  • Career Saved
    School Teacher’s DWI Reduced to Reckless Driving

    An elementary school teacher was involved in a minor fender bender in a parking lot. Her breath test registered at a .09 but she had a history of acid reflux. Rather than go through a long battle in a trial, the prosecution was persuaded to reduce the charge to reckless driving. She was able to maintain her position as a teacher, a job she really loves.

  • Charges Reduced, CDL Saved
    Truck Driver Charged with DWI and 0.09 BAC

    In a very tough jurisdiction, I filed a twenty-page brief to exclude the breath test. We lost in the lower court and appealed. The circuit court heard the arguments and decided against suppression of the breath test. Another hearing was held concerning the admissibility of certain evidence. A jury trial was set. After almost a full year of litigating this case, the prosecutor called a week before trial and finally agreed to a reckless driving. My client still has his job.

  • Not Guilty of DWI, Guilty of Refusal
    Virginia Police Officer Charged with DWI & Refusal

    A State Trooper pulled over an active duty police officer from another jurisdiction. Field Sobriety tests were administered and failed. The police officer refused all breath tests. One by one the field sobriety tests were picked apart both in the way they were administered and where they were administered. The officer was found NOT GUILTY of the DWI. The Trooper was gracious and commented to me he had heard about me and next time he would be a lot more prepared!

  • Not Guilty
    DWI 2nd Offense with GERD Defense

    A 68-year-old with a history of acid reflux was arrested blew a .13. After a seven-hour trial with experts on both sides, the judge found the client Not Guilty. He commented that the sobriety tests were invalid due to improper administration and my client’s age. He also found it odd that there had not been one independent scientific study anywhere that proves the protection against mouth alcohol works on the EC/IR II breath test machine.

  • Case Dismissed
    DWI 2nd Offense with Pulmonary Lung Disease

    My client was properly arrested for a DWI Second offense. He was given a breath test which he could not do despite repeatedly telling the officers he had a lung problem. The officers stated that even a person with one lung could blow into the machine and charged him with refusal. Virginia case law says if the defense can prove a person was physically unable to provide a breath sample a blood test shall be given. We proved it. A blood test was not given. Case dismissed!

  • Not Guilty
    Police Officer’s Son Charged with DWI

    A lieutenant in a local police department was referred to us by their top DWI enforcement officer. The client had suffered some severe injuries in IRAQ and had PTSD. The case involved a terrible accident and a forensic blood draw. My law partner and I handled the case together and were able to keep out the blood result and our Iraqi war vet was found NOT GUILTY. His father was incredibly pleased.

  • DWI 2nd Reduced to DWI 1st
    Prior Out of State Conviction Struck

    The client had an out of state conviction, which the prosecutor had a certified copy of. Prior out of state convictions can be used, but the law at the time of the conviction was substantially similar to our law now. The prosecutor presented the current law from the old conviction. I argued that they did not prove the law had not changed, and the Judge agreed. DWI 2nd was reduced to a first offense with no jail time and only a one-year restricted license instead of 3 years without driving at all.

  • Case Dismissed
    Roadblock DWI

    In front of a notoriously pro prosecution judge, Mr. Tillotson was able to convince her that a roadblock plan that Virginia Beach had used for years was unconstitutional because it afforded too much discretion to the officers in the field. 

  • Not Guilty
    DWI with .21 BAC and possible Radio Frequency Interference

    My client was stopped at a legal checkpoint and was arrested despite not appearing drunk. We brought several witnesses to trial to cover the events of his entire day. The prosecutor said he was a career drunk so he could handle his liquor. I presented a Radio Frequency Interference defense which the Judge cut short. In the end, the Judge found that the facts simply did not match a .21 result. “ He commented that maybe it was radio frequency before he pronounced my client “NOT GUILTY”.

  • Charges Dropped Prior to Trial
    Exaggerated Police Report

    In the most egregious case of exaggeration, I found 18 different discrepancies in the police report to what the video clearly showed. I quoted the police report for each item and followed it up with what the video showed and provided the exact time on the video for each one. The prosecutor called me up after reviewing my report and said don’t bother coming to court. He went up that day in front of the judge and dropped the case.

  • Not Guilty in Circuit Court
    Felony DWI

    My client was arrested for her third DWI within ten years. She said she would refuse the breath test on the way to the jail. She did refuse at the jail, but the correct law was not read to her. The refusal was dismissed, and the felony certified for trial. Prior to the trial, Mr. Tillotson went over the 115 questions he had for the trooper. The trooper ended up agreeing on everything Mr. Tillotson pointed out that he either did wrong or that he exaggerated. The trial lasted about 45 minutes and the Judge found my client NOT GUILTY.

  • Not Guilty
    Field Sobriety Test Performed in 5-Inch Heels

    Obviously, a person would have difficulty performing field sobriety tests in 5-inch heels. The Field Sobriety Test manual says for the officer to let someone remove their shoes if the heels are more than 2 inches. The breath test in this case was not done and she was found not guilty of a refusal as well.

  • Not Guilty
    DWI 1st Offense with 0.09 BAC

    In another case where the breath test was successfully challenged with an expert, the case came down to field sobriety tests. They were successfully challenged because of my client’s physical problems, how they were administered AND the environment in which they were done. Two officers approached to congratulate Mr. Tillotson after court and asked if he would be willing to talk to other officers in the department about how to avoid these kinds of mistakes.

  • Charged Reduced After Treatment
    Doctor Charged with DWI

    A medical doctor who had a history of trouble with alcohol and who was under supervision by the Medical Board of Virginia received a DUI. The breath test was less than a .08, but people can be convicted with a .05 and above. Rather than try the case and risk the doctor’s career, we worked with the prosecution and the Medical Board of Virginia. After one year, including a stint of in-patient counseling, the doctor’s DWI charge was reduced. He did not lose his medical license or his driver’s license!

  • Not Guilty
    DWI & Refusal After Tummy Tuck

    My client was found guilty of a DWI but Not Guilty of a refusal in the lower court because a doctor testified that she could not physically provide a breath sample due to her recent surgery. Unfortunately, the Judge did not accept the law that states if a person physically cannot blow then a blood test should be given. After appealing, the Circuit Court judge initially tried to stop testimony about the Refusal because she had not heard of the Lamay case. She took a recess, read the decision and said that we were correct and DWI was dismissed as well.