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Category Archives: DUI

QuestionMark

If I Took a Breathalyzer Test, Am I Automatically Guilty?

By Simms Showers LLP |

Of course not, although it might seem that way. The conviction rate in Breathalyzer cases is much higher than the conviction rate in non-test cases. Virginia, like most other states, has a per se DUI law. If the defendant’s BAC level was above the legal limit, the defendant was intoxicated as a matter of… Read More »

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DUIAccident

Should I Hire a DUI Lawyer?

By Simms Showers LLP |

Most people know the Miranda Rights line “You have the right to an attorney; if you cannot afford one, the court will appoint one for you.” Indeed , the Sixth Amendment guarantees the right to counsel in criminal cases. However, this provision in the Bill of Rights doesn’t guarantee a free lawyer. Most Loudoun… Read More »

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PoliceStop

When Can Officers Pull Me Over for DUI?

By Simms Showers LLP |

DUI stops are legal if the officer has enough proof to satisfy the reasonable suspicion requirement. This rule basically states that, to detain suspects, officers must have an evidence-based hunch that the suspect is up to no good. Several recent Supreme Court cases have watered down this rule. As a result, in pretrial hearings,… Read More »

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DUI Law

Five Hidden DUI Defenses in Loudoun County

By Simms Showers LLP |

In Virginia, the overall cost of a first-time DUI could be over $20,000. Lack of intoxication, or rather lack of evidence of intoxication, is usually the best defense, and often the only defense, in DUI cases. For example, officers might have used a Breathalyzer that wasn’t properly calibrated or the defendant might have refused… Read More »

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DUI20

Five Key DUI Checkpoint Requirements in Virginia

By Simms Showers LLP |

As part of the 1960s Supreme Court criminal law revolution, the Supremes introduced the reasonable suspicion rule. According to Terry vs. Ohio, officers must have reasonable suspicion, which is an evidence-based hunch of criminal activity, before they pull over motorists or otherwise detain people. The Supreme Court has watered down this rule in recent… Read More »

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DUIAccident

Challenging Chemical Test Results in a DUI

By Simms Showers LLP |

Admissible and accurate test results usually guarantee a DUI conviction. The breath test conviction rate is over 90 percent. The blood test conviction rate is almost 100 percent. However, as outlined below, these chemical tests often aren’t admissible or accurate. Usually, an attorney doesn’t have to “prove” the results are invalid. Instead, an attorney… Read More »

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Question

Can I Fight a Protective Order in Virginia?

By Simms Showers LLP |

One of the least-enforced provisions in Virginia law is Section 40.1 of the Virginia Code, which details the penalties for making false statements on a protective order application. That’s partially due to a lack of prosecutorial interest and partially due to the nature of false statement cases. Victims, witnesses, and defendants very rarely intentionally… Read More »

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DUI17

Formal and Informal Expungement in DUI Cases

By Simms Showers LLP |

Future auto insurance rate increases make up most of the estimated $20,000 cost of a first-time DUI conviction. These individuals must purchase SR-22 high-risk insurance and maintain it for at least three years. These policies are about 70 percent higher than normal policies. When the mandatory SR-22 period expires, cheaper insurance may be unavailable,… Read More »

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DrunkDriving

When Can Officers Pull Me Over For DUI?

By Simms Showers LLP |

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 »

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DUI20

How To Hire A Leesburg DUI Lawyer

By Simms Showers LLP |

Mostly because Washington, D.C. is in the area, Northern  Virginia has one of the highest number of lawyers per capita in the country. Almost all lawyers received some criminal law training in law school. So, almost all of these lawyers claim they can handle a DUI defense. In many cases, that’s true, at least… Read More »

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