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Richmond DUI Lawyer | Preliminary Breath Tests

While preliminary breath tests can't be used "in court" to prove intoxication, they can be used to establish probable cause for arrest.

Virginia's Implied Consent Law and DUIs

Virginia DUI attorneys must know when a blood or breath tests results for alcohol are properly admissible to prove client's guilt in DUI arrests

DUI Resulting in Death of Another in Virginia Can Mean Years in Prison

In Virginia, a DUI resulting in the death of another can be prosecuted as involuntary manslaughter or, as aggravated involuntary manslaughter.

Virginia Penalty for Driving in Violation of Terms of Restricted License

Persons having a restricted license as a result of a DUI conviction may only operate a vehicle at specified times, and violation of the terms is a misdemeanor.

Virginia ASAP Information

Richmond lawyer offers advice for persons arrested for DUI who are expecting a conviction.

New Virginia Law Targets Teen Drinking and Driving

Effective July 1, teens convicted of drinking and driving will have their driver's license suspended for one year.

Adults Who Allow Underage Alcohol Consumption Face Stiff Consequences

Like Virginia, Michigan has increased penalties for adults who permit or encourage underage drinking.

Study: Large Number of Fans Leave Sports Events With High Alcohol Levels

When attending your favorite college or pro football game this fall, drink responsibly to avoid getting a DUI after the game.

Social Networks Monitored By Police to Detect Teen Crimes

Police often prowl the Internet to identify potential child molesters to entice them into meetings where they are arrested based on Internet chats they have with the accused. Now, we are seeing the social networks such as Facebook, MySpace and YouTube are being monitored by police investigators. This month, several Washington state police agencies trolling Facebook raided a teenager's party based on postings from friends of the host. Several people were arrested for DUI and underage possession of alcohol.

Felony DUI Charges Filed in Hampton; Pedestrian Killed

Felony DUI charges were filed this week in Hampton, Virginia against a young man whose truck struck and killed a female pedestrian.

Richmond DUI Arrests Up Labor Day Weekend

Richmond-area drivers will be arrested for DUIDWI in larger numbers this Labor Day weekend as Virginia State Police, and local law enforcement agents in Henrico, Chesterfield, Goochland, and Hanover counties will be increasing the numbers of patrol officers and adding sobriety checkpoints in an effort to nab drivers who may have overindulged.

Richmond Criminal Defense Lawyer | Punishments for Misdemeanors in Virginia

In Virginia, misdemeanor offenses are those that are punished by no more than a year in prison. Many misdemeanors are punishable by fines, with no jail time. Find out what punishments are for if you are convicted of a misdemeanor offense in Virginia.

Richmond DUI & DWI Lawyer | Chesterfield | Henrico | Hanover | Goochland

Think your Virginia DUI/DWI arrest is not worth the cost of hiring an aggressive attorney to stand up for your rights and contest the evidence against you? Think again after you consider the fact that over a 3-year period, a DUI lab's testing errors help send 9 people to jail in Colorado!

Richmond DUI & DWI Attorney | Challenging Virginia's "Implied Consent" Law

Virginia's "implied consent" law requires persons arrested for DUI/DWI to submit to a chemical test of their breath or blood to determine whether there is present evidence of unlawful amounts of alcoholic beverages, or drugs. A veteran Virginia DUI/DWI lawyer explains what the "implied consent" law means, and how the results may be challenged in court.

Virginia's Mandatory Breath Test Law

Virginia's "implied consent" law requires any person operating a motor vehicle on the highway to submit to a blood or breath test if arrested for DUI/DWI.

Preliminary Breath Test for Virginia DUI

When asked by a police officer, one suspected of DUI in Virginia need not take a preliminary breath test at the scene of the traffic stop.

How a Preliminary Breath Test (PBT) Can Ruin Your DUI Defense

Taking a preliminary breath test (PBT) when stopped for suspicion of DUI in Virginia is not usually wise. Preliminary breath tests are voluntary, but can be used against you in court to prove the officer had probable cause to arrest for DUI or DWI.

Virginia Breathalyzer Results Not Always Accurate to Prove DUI Cases

Virginia's implied consent law requires those arrested for DUI to submit to breathalyzer tests. However, an experienced and aggressive DUI lawyer may help you win your case.

Virginia Senate Committee Approves New Traffic Laws

The Virginia Senate's Transportation Committee yesterday approved Bills that would alter speed limits, and existing law on seat belt and cell phone use.

Exercising Your Rights Can Prevent a DUI Conviction

Knowing your rights during a traffic stop for suspicion of DUI can aid your case if you are charged. And, you will likely be charged, but perhaps not convicted. Two clients recently told me that by using the recommendation made to them by their attorney they avoided being charged and or convicted of DUI.

Clemson Study Reveals Field Sobriety Tests (FSTs) Not Reliable for DUI/DWI Purposes

Reckless Driving and DUI Are Crimes in Virginia

Reckless Driving and Driving Under the Influence (DUI) in Virginia are Class 1 misdemeanors. In Virignia, a Class 1 misdemeanor is punishable by a term in jail of up to 12 months, and a fine of up to $2500.00, either or both.

 

In addition to going on one's driving records, a conviction for DUI or Reckless Driving in Virginia will also go on one's criminal record, or "rap sheet."

Therefore, it is a good idea to confer with an attorney soon after you have been charged with either one of these offenses. An attorney can evaluate your case, with a mind to exploring what defenses you may have to the charges, and how he or she may be able to have the charge reduced to a lesser offense.

Some attorneys offer consultations for free, others charge a nominal fee. But don't be swayed by the cost, because a skilled, aggressive, courtroom battler is what you probably want, not a novice who may go to sleep at the wheel and overlook a chance to get you the best result possible.

Alleged DUI Crash in Tidewater Area Involved State Trooper

An allegedly intoxicated driver traveling the wrong way on I-264 in Virginia injured two people after crashing into their car. He then hit a state trooper who was trying to block his travel.

About 1 a.m., state police received several calls about a driver heading west in the eastbound lanes of I-264 near Laskin Road, said Sgt. Michelle Cotten, a state police spokeswoman.

The driver crashed the 1992 Lexus he was driving into a sedan carrying two people, who suffered minor injuries and were taken to a hospital, according to a news release

He then hit the patrol vehicle of Virginia State Trooper L.C. White, who had angled his car along the interstate’s left lane and shoulder in an attempt to stop the Lexus. The driver hit the trooper head-on, and he suffered minor injuries, according to the release.

The driver then traveled another 100 yards before his vehicle came to a stop, according to the release.

White arrested 44-year-old Cleveland N. Robertson of Hampton and charged him with driving under the influence, two counts of felony hit and run and driving the wrong way, according to the release

Attorneys Challenge Use of Intoxilyzer 8000 in DUI Cases

Two Florida attorneys are challenging their state's use of the Intoxilyzer 8000 breath testing device that is being brought into Virginia to replace the oft-criticized Intoxilyzer 5000 that has been in use for several years to prove a suspect's Blood Alcohol Concentration (BAC). They claim that the machine is inherently inaccurate, produces false readings, and that it should not be the basis for DUI convictions.

Because blood tests to determine a suspected impaired driver's BAC is no longer optional in Virginia, the Intoxilyzer 5000 test result has been the key piece of evidence used to convict in Virginia when the reading is 0.08 or higher. The margin of error for the Intoxilyzer 5000 is alleged to be "only" +/- 0.02, but the tests results have been acceptable in the courts. As a result of this inaccuracy, people whose BACs are 0.08 or 0.09 are being convicted of DUI even though their actual BAC may be lower than 0.08, such as 0.07 or 0.06.

Virginia State Police Statistics Disprove Link Between Drinking and Auto Accidents

Traffic accident statistics compiled by the Virginia State Police (VSP) for calendar year 2007 (the most recent reporting period) dispel popular belief that alcohol is involved in most accidents. 

Of the 145,405 auto crashes in that year, only 7,019 drivers out of  265,589 involved were deemd to have been "impaired." That is 2.9 per cent of the total crashes. The statistics for that year indicate that 97 percent of the drivers involved in crashes were not impaired by alcohol.

These percentages were consistent with those reported the previous year. Of  279,505 drivers involved in the 151,692 crashes reported in 2006, 7,392 drivers were impaired. Though the number of impaired drivers was higher than in 2007, the percentage of impaired drivers involved in auto accidents was 2.9 percent, and 97 percent of the crashes did not involve drunk drivers.