Category Archives: DUI
Five Key DUI Checkpoint Requirements in Virginia
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 »
Challenging Chemical Test Results in a DUI
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 »
Can I Fight a Protective Order in Virginia?
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 »
Formal and Informal Expungement in DUI Cases
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 »
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 »
How To Hire A Leesburg DUI Lawyer
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 »
DUI Charges Filed Against Virginia State Police Trooper
A Virginia State Police trooper faces criminal charges for DUI and other offenses, according to an article by NBC12. After allegedly committing DUI on June 23 on Interstate 64, the trooper in question faces criminal charges for DUI, refusing a DUI test, and reckless driving. While legal developments in this matter continue to unfold,… Read More »
Virginia Woman Pleads Guilty To DUI & Involuntary Manslaughter
A Virginia woman recently pleaded guilty to driving under the influence (DUI) and involuntary manslaughter after causing a fatal accident in 2020, according to an article by WJHL. This incident occurred on September 23, 2020, at approximately 8 p.m. in Wise County. The Virginia woman was driving drunk on U.S. Highway 23 and crashed… Read More »
Can I Refuse A DUI Test During A Virginia Traffic Stop?
When executing a traffic stop on suspicion of driving under the influence (DUI), a Virginia police officer has lawful authority to request a chemical test to measure the driver’s level of intoxication. Given the severe penalties in Virginia for DUI offenses, certain drivers have attempted to refuse the DUI test. Any person who refuses… Read More »
Deadly Virginia Crash Leads to DUI & Involuntary Manslaughter Charges
A Virginia man faces criminal charges for DUI and involuntary manslaughter after allegedly causing a fatal crash in Roanoke, according to an article by NBC affiliate WSIS. On January 14, local law enforcement responded to reports of a hit-and-run incident at approximately 9:30 p.m. When officers arrived at the intersection of Orange Avenue and… Read More »
