Author Archives: Jay Butchko
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 »
Common Defenses In Reckless Driving Cases
As is the case in most other states, Virginia’s reckless driving law is extremely vague. Prosecutors usually bring the most aggressive charges that the facts could possibly support. Therefore, they often over-use the reckless driving law when a lesser charge, like speeding, is more appropriate. This aggressive posture often gets prosecutors in trouble when… Read More »
Successfully Defending Larceny Charges In Court
All criminal defenses usually hinge on a lack of admissible evidence. The burden of proof in criminal court is beyond any reasonable doubt. In practical terms, criminal charges won’t hold up in court unless the state has an overwhelming amount of admissible and credible evidence. A successful larceny resolution is even more likely in… Read More »
Five Kinds Of Reckless Driving In Virginia
Every year, car crashes in the United States kill or seriously injure millions of people. Aggressive driving, particularly reckless driving, causes many of these wrecks. Many states, including Virginia, are cracking down on reckless driving enforcement to reduce the number of crashes and victims. Some of the most common reckless driving infractions in Virginia… Read More »
The Three Ps Of Drug Possession In Winchester
There is good news and bad news regarding drug possession arrests in Virginia. Marijuana is partially legal, so these arrests have plummeted. Furthermore, racial disparity has dropped as well. Now for the bad news. Law enforcement officers are still very aggressive in this area. 80 percent of drug arrests are for simple possession. Drug… Read More »
When Can Officers Pull Me Over For DUI?
To detain suspects, according to a 1968 Supreme Court ruling, prosecutors must prove that officers had reasonable suspicion. Over the past ten years, the Supremes have watered down this rule and given police officers more leeway in this area. So, Loudoun County judges now often rule in favor of police officers in close cases…. Read More »
Woman Sentenced To Eight Months For Drug Trafficking
According to prosecutors, the 37-year-old woman sold a mixture of fentanyl and heroin to a confidential informant. According to court documents and statements made in court, the woman sold a quantity of heroin to a confidential informant at a Shady Spring residence where she was staying. State police confirmed the controlled substance contained heroin… Read More »
Five Kinds of Reckless Driving In Virginia
Article 7 § 46.2-852 defines reckless driving as operating a vehicle in a public place “in a manner so as to endanger the life, limb, or property of any person.” That broad definition could apply to practically any moving violation. It could also apply to most non-moving violations, although the argument is tougher to… Read More »