Author Archives: Jay Butchko
Reckless Driving Defenses
During the pandemic, since roads mostly emptied, law enforcement officials sparsely enforced the reckless driving law. Officers reasoned this law protects other drivers, and for the most part, there weren’t any other drivers to protect. Now that coronavirus lockdowns are in the rearview mirror, many officers are determined to make up for lost time…. Read More »
Reckless Driving Charges in Juvenile Court
Inexperienced juvenile drivers who have their first cars and want to test their limits are much more likely to commit Article 7 violations than older drivers who drive to get from place to place. For example, most street racing defendants are juveniles or young adults. The same criminal and traffic laws apply in both… Read More »
VA Man Sentenced for Sex Crimes in WI
Authorities in Michigan arrested a man who was originally from Virgina for alleged sex crimes after he fled from his new residence in Wisconsin. Investigators say the 44-year-old man lived in Virginia when he met a then-15-year-old girl online. He then groomed the girl for months, a process which included sexually explicit chats and… Read More »
Authorities Break Up Alleged Hanover County Sex Trafficking Ring
A husband and wife, allegedly the ringleaders of an intricate sex trafficking network based in a quiet suburban neighborhood, now face multiple criminal charges. According to the Hanover County Sheriff’s Office, investigators received a tip from an informant about a suspected sex trafficking and prostitution operation happening at a home on Tall Oakes Lane…. Read More »
Top Five DUI Checkpoint Requirements
For many years, courts went back and forth on whether DUI roadblocks were legal. The suspension of individual rights guaranteed by the Fourth Amendment troubled many judges. In contrast, others were willing to bend the rules to help reduce the number of drunk driving crashes. Finally, public safety won out over individual rights, at… Read More »
Pretrial Proceedings in Domestic Violence Cases
Most of our DV posts focus on the trial aspects of these cases, such as the burden of proof in these matters. But in the immediate wake of a domestic violence assault arrest, the trial date is very far away. Some other concerns are much more pressing. In many cases, these preliminary matters may… Read More »
Breaking Down a DUI-Drug Case in Loudoun County
Many jurisdictions have more “stoned” drivers than “drunk” drivers. Almost half of the drivers who cause fatal accidents test positive for drugs. Marijuana is, by far, the leading culprit. Blood tests accurately detect drug levels, but officers generally need search warrants to extract blood samples. Since they often don’t bother with warrants, prosecutors only… Read More »
Top Three In-Flight Federal Crimes
Many people believe that in-flight conduct is a bit like the Wild West, and the only applicable laws are a mixture of different agency rules. Back in the day, that was true. But an obscure rule change placed almost all in-flight crimes under the jurisdiction of the FBI, at least on domestic flights. Usually,… Read More »
Beating the Breathalyzer in a Virginia DUI
Breathalyzers, like all other machines, aren’t 100 percent accurate 100 percent of the time. In fact, the Breathalyzer has more flaws than many other gadgets. A Breathalyzer is just a portable, updated version of the 1920s Drunk-O-Meter. Both devices use breath alcohol level to estimate blood alcohol level. The same basic design flaws remain…. Read More »
Loudoun Co. Prosecutors Re-Focus On Violent Crimes
In March 2023, the Loudoun County Board of Supervisors reversed course and gave Commonwealth’s Attorney Buta Biberaj additional discretion regarding nonviolent misdemeanors. Earlier that year, Biberaj said her office would no longer aggressively prosecute non-fatal hit and run, traffic infractions, or reckless driving under 90mph. Other crimes the office might defer include property damage,… Read More »