Jury Acquittal In Complex DWI Case
On April 8, 2026, William “Ben” Mann, Esq., secured a jury acquittal in a highly unusual and complex DWI case—demonstrating the importance of experienced, strategic defense counsel when the stakes are high.
The case arose on February 25, 2025, in the area of One Loudoun. Deputies observed a vehicle strike a median, causing a hubcap to roll off. As they initiated a traffic stop, the situation took an unexpected turn: while the vehicle was still slowly moving forward, the original driver moved into the back seat—leaving the driver’s seat empty. Faced with an uncontrolled moving vehicle and multiple passengers inside, the defendant made a split-second decision to move into the driver’s seat to bring the vehicle to a stop.
Despite these circumstances, deputies arrested the defendant for driving while intoxicated. At the jail, a breath test registered 0.09—just 0.01 over the legal limit.
At trial, the prosecution argued that the defendant satisfied both elements of a DWI offense: operation of the vehicle and intoxication. Mr. Mann did not dispute the facts. Instead, he presented a focused and compelling legal argument: necessity. He argued that the defendant’s actions were not criminal, but rather the only reasonable response to an immediate and dangerous situation—a moving vehicle without a driver, multiple occupants at risk, and law enforcement directly behind with emergency lights activated.
Before trial, the prosecution attempted to prevent the jury from even hearing this defense, filing a motion in limine to exclude any argument regarding necessity. Mr. Mann successfully opposed the motion, arguing that the issue was one for the jury to decide. The Court agreed and denied the motion.
After hearing all the evidence and arguments, the jury returned a verdict of Not Guilty.
DWI charges in Virginia—particularly in Loudoun County—carry serious consequences. This case illustrates that even when the facts appear unfavorable, a knowledgeable and experienced trial attorney can identify critical defenses and present them effectively to a jury.
If you or a loved one is facing a DWI or other criminal charge, contact William B. Mann and Caleb A. Kershner at Simms Showers LLP. Their experience, preparation, and courtroom advocacy can make the difference when it matters most. Call 703-771-4671 today to discuss your case.
