Author Archives: Jay Butchko
Seven Key DUI Checkpoint Requirements
After considerable back and forth, the Supreme Court finally legalized DUI checkpoints in 1991’s Michigan vs. Sitz. Roadblocks that meet all legal requirements, including the ones listed below, allow officers to circumvent the Fourth Amendment and detain motorists who have done nothing wrong. Expensive DUI checkpoints are especially common on New Years Eve and… Read More »
Everyday Drug Traffickers in Virginia
When most people think of drug smugglers, they think of nefarious gangs who smuggle contraband purely for profit, without giving a thought about the people who use the product. Sometimes, that’s true. Other times, drug trafficking is not malicious, not profitable, and not intentional, at least in some sense of the word. However, this… Read More »
Jumpstarting Domestic Assault Defenses in Loudon County
The violent crime rate is a hot button issue in Virginia. Therefore, peace officers very aggressively enforce the state’s assault laws, especially in domestic battery situations. In the minds of many, these offenses combine violence with abuse of vulnerable people. Therefore, the law imposes greater sentences in these cases, and many judges and juries… Read More »
State Troopers Make Cold Case Arrest
After new DNA evidence undercut his story, police arrested a man for a murder he allegedly committed in 1998. According to the Virginia State Police Cold Case Database, the victim and her 10-week-old daughter were last seen on July 27, 1998. The woman was found stabbed to death in her Strasburg apartment that afternoon…. Read More »
Police Nab Sexual Assault Suspect
On October 7, 2025, Fairfax police arrested an Alexandria man and charged him with kidnapping and attempted sexual assault. The victim told police that a stranger entered the room she was in on the 7200 block of Fordson Road at around 7:28 p.m. on Oct. 4. She said the man struck her in the… Read More »
Is a Breathalyzer Usually Right?
Absolutely not. If anything, a breathalyzer is usually wrong. In 2023, a Massachusetts judge threw out some 23,000 breathalyzer results because the devices weren’t properly calibrated. Disturbingly, according to evidence represented in the case, officials knew about the problem but did nothing to address it. Improper calibration may be the most common breathalyzer flaw,… Read More »
Non-DUI Alcohol-Related Offenses in Virginia
Driving Under the Influence is the most common alcohol-related criminal offense in Virginia. According to some estimates, about half the probationers in the state were convicted of DUI. Virginia authorities have been even more aggressive in this area since coronavirus lockdowns ended. Drunk driving increased in 2020, and many law enforcement agencies still have… Read More »
Va. Police Quickly Arrest Murder Suspect
Less than twenty-four hours after officers responded to a shots-fired call, investigators arrested a suspect and charged him with multiple felonies. Police say they found the 20-year-old victim lying in the road in the 5500 block of New Colony Drive as they responded to reports of a shooting just before 10 p.m. on July… Read More »
Do I Need a Lawyer for Reckless Driving in Virginia?
Reckless driving in Virginia is a serious offense and can have significant consequences, including hefty fines, license suspension, and even jail time. Reckless driving also has significant collateral consequences, such as higher auto insurance rates and a big black mark on a permanent record. While it’s technically possible to represent yourself in a reckless… Read More »
Do Weapons Possession Cases Hold Up in Court?
No, unless the state proves the three Ps of possession beyond any reasonable doubt. Only this large amount of evidence overcomes the presumption of innocence in criminal cases. If weapons possession was a civil matter, two out of three Ps may suffice, because the burden of proof is much lower in civil court. But… Read More »
