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Mar 11, 2010

Battle DUI Law Blog

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DUI Defense for Drivers in Virginia

3/6/2010
Bob Battle
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Erroneous Virginia Drunk Driving Charges

Virginia drunk driving charges are sometimes erroneous and based on an officer’s misinterpretation of events. Things like careless (though sober) driving can cause the police to suspect you of driving under the influence. If this happens to you, get in touch with Virginia DUI lawyer Bob Battle by calling 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/6/2010
Bob Battle
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Why Would the Police Pull Me Over for DUI If I’m Not Drunk?

Careless driving can give the police reason to think that you’re driving under the influence, even if you’re not! If you get in trouble with Virginia drunk driving charges, get in touch with DUI lawyer Bob Battle by calling 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/5/2010
Bob Battle
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Making a Proactive Virginia DUI Defense

A police officer who pulls you over for driving under the influence can make mistakes in determining your level of sobriety. If you are charged, call 804-673-5600 to reach Bob Battle, a Virginia DUI defense lawyer.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/5/2010
Bob Battle
Comments (0)

Avoiding Virginia Drunk Driving Charges

Errors on the part of a police officer can result in your being pulled over and charged with driving under the influence, even if you were completely sober. If you can’t avoid being pulled over, contact Virginia DUI defense lawyer Bob Battle by calling 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/5/2010
Bob Battle
Comments (0)

Virginia DUI Attorney Payment Plans

If you have recently been arrested and charged with drunk driving in Virginia, it is important to hire an experienced Virginia DUI attorney to help you avoid penalties such as jail time and the loss of driving privileges. Learn more about hiring legal representation and DUI attorney payment plans.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/2/2010
Bob Battle
Comments (0)

Have You Recently Been Charged With DUI in Virginia?

If you have recently been charged with DUI in Virginia, you will want to hire a Virginia DUI defense attorney immediately. Choosing the right attorney is a process that is vital to your case. Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today – 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/2/2010
Bob Battle
Comments (0)

What to Know When Choosing a Virginia DUI Defense Attorney

When choosing a Virginia DUI defense attorney, the most important factor is knowing who will represent you. Oftentimes, a firm will boast a “team approach,” which means that you may not be represented by the firm’s best attorney. Contact Virginia DUI Lawyer Bob Battle to schedule an appointment – 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/2/2010
Bob Battle
Comments (0)

What Will My Virginia DUI Charge Cost Me?

A Virginia DUI can be as financially costly as it is emotionally damaging. If you decide not to fight your Virginia DUI, you will pay associated fees and numerous surcharges that can take their toll on your finances. Contact Virginia DUI Lawyer Bob Battle – 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/1/2010
Bob Battle
Comments (0)

You Don’t Have to Plead Guilty to Your Virginia DUI

One of the most common myths about DUI charges is that the defendant is inevitably going to be found guilty. But with a good lawyer and a strong argument you may be able to overcome the evidence against you. Contact Virginia DUI Lawyer Bob Battle – 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


3/1/2010
Bob Battle
Comments (0)

5 Misconceptions About Your Virginia DUI Charges

There are common misconceptions about DUI charges that you should keep in mind as you battle your Virginia DUI charge. Contact Virginia DUI Lawyer Bob Battle – 804-673-5600.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!


1/21/2010
Bob Battle
Comments (0)

Bruce Smith Pleads Guilty To DUI

On January 14, NFL Hall of Famer Bruce Smith pleaded guilty to driving under the influence in a court in Virginia Beach.

 

Smith has been ordered to pay a fine of $1,000 and complete an alcohol-safety program. He was also sentenced to a 90-day suspended jail term and had his license restricted for a year.

 

On May 14, the former Buffalo Bills and Washington Redskins defensive end was arrested after he was pulled over by police and failed field sobriety tests. He also refused to submit to a breathalyzer test.

 

Smith later admitted to drinking wine with his friends in Norfolk before driving home.

 

Ironically, one month after Smith’s arrest, the arresting officer crashed his vehicle while off-duty and was later convicted of DUI.

 

The arrest was Smith’s third for DUI within the past 13 years. The first was dismissed and he was acquitted of the second.



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1/21/2010
Bob Battle
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Roanoke Elementary School Principal Sentenced For DUI

The principal of Fallon Park Elementary School in Roanoke has been given the mandatory minimum sentence for first offense driving under the influence.

 

On January 13, 39-year-old award-winning teacher and principal Cynthia Delp pleaded guilty to the misdemeanor charge in Roanoke County General District Court.

 

According to Chief Assistant Commonwealth's Attorney Marian Kelley, Delp had her driver’s license suspended for a year, except to drive to work, Virginia Alcohol Safety Action Program meetings, and medical reasons.

 

Delp has also been ordered to pay a fine of $250, pay court costs of $171, and serve eight hours of community service and was given a 90-day suspended jail sentence.

 

The court also took an additional charge of refusing to take a breath or blood test under advisement.

 

On November 28, Delp was arrested following a traffic accident near Tanglewood Mall.

 

Delp became principal of Fallon Park in 2004. She previously served as an administrator in schools in Giles and Patrick counties.

 

Delp was awarded the Outstanding Principal Award in 2005 from the Curry School of Education Foundation at the University of Virginia. A California-based research group named Fallon Park one of the best urban schools in the U.S. in March.

 

Tiffany Woods, a spokeswoman for the school system, said that Delp remains the school’s principal.



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1/21/2010
Bob Battle
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Chilhowie Police Officer Charged With DUI

On January 8, an off-duty police sergeant from Chilhowie was charged with driving under the influence after a head-on collision with a truck while driving in the wrong lane across a bridge, according to police.

 

Two years ago, the same officer, 34-year-old Sgt. David Conley Cullop, was honored after he saved the life of a Virginia State Trooper who was nearly killed by a drunk driver.

 

In the crash that led to Cullop’s arrest, no one was injured. He was also charged with refusal to submit to a breath test, according to a Virginia State Police spokesman. The accident took place on state Route 107 at approximately 6:30 p.m.

 

The Chilhowie Police Department initially responded to the scene, but called in State Police after it was determined that one of its own had been involved.

 

State Police Sgt. Michael Conroy said the 2007 Dodge Caliber Cullop was driving crossed the center line and struck a 2004 Ford Ranger as the vehicles met on a narrow bridge. Both were traveling along the curvy road at an estimated speed of 25 mph.

 

Cullop was hailed as a hero in February 2008 for saving the life of a state trooper that had been hit by a drunk driver. News reports say Cullop was the first to respond to the scene when a drunk driver hit the officer’s cruiser, which had been parked on the shoulder of Interstate 81 during a traffic stop.

 

Cullop was able to pull the trooper, who was unresponsive and wedged in the wreckage, out of the vehicle and was able to get him breathing until EMS arrived.



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1/21/2010
Bob Battle
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School Bus Driver Charged With DUI During Field Trip

A school bus driver is faced with charges of driving under the influence while allegedly driving students around.

 

The driver, Ryan Dunlop, was taken into custody by police on January 18 after he allegedly failed a field sobriety test.

 

According to some students from Carrick, Pennsylvania, Dunlop seemed a bit out of sorts while en route to a field trip at the Carnegie Science Center on the day of his arrest.

 

Three hours later, when it was time for the students to return home, they knew there was something wrong.

 

According to Christian Blanitzer, a chaperone on the trip, when they returned to the bus, they could smell alcohol and noticed he was swerving even more and acting in a paranoid fashion.

 

According to the students, the Dunlop reeked of alcohol and he had trouble keeping the bus on the road.

 

The chaperones contacted police and developed a plan to get him to pull over. Blanitzer said they had a student fake a panic attack so that Dunlop would pull over so she could get some air. He said police arrived within 20 seconds.

 

Police say Dunlop failed a field sobriety test and then was transported to the hospital for a blood test. He claimed he’d done nothing wrong.

 

Dunlop was charged with DUI, reckless endangerment, and endangering the welfare of children.



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1/21/2010
Bob Battle
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Woman Who Had .708 BAC Pleads Guilty TO DUI

The woman who law enforcement said was driving under the influence with a blood-alcohol content of 0.708 percent claims she had no recollection of the incident.

 

On January 19, 45-year-old Sturgis, Michigan resident Marguerite Engle pleaded guilty to two offenses of DUI in Sturgis’ 4th Circuit Magistrate Court before Judge Michelle Percy.

 

Engle is set to be sentenced on February 23. Percy ordered a pre-sentence investigation in which Engle will likely undergo an evaluation and behavioral history will be compiled.

 

On December 1, Engle was discovered in a vehicle along Interstate 90. Police reported her blood-alcohol content to be 0.708 percent, a life-threatening amount that is nearly nine times the legal limit of 0.08 and is possibly a Michigan state record. On December 28, she was arrested for failure to appear in court for her December 1 DUI. Police reported her BAC to be 0.281 percent in that instance, more than three times the legal limit. She was charged with DUI and possession of marijuana.

 

Engle pleaded guilty to both of the DUI charges and the Meade County state’s attorney’s office agreed to drop all of the other charges.

 

Engle faces a penalty of up to one year in prison and less than $500 in fines and costs for each charge.



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1/7/2010
Bob Battle
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School Bus Driver Sentenced For DUI With Students On Board

A former school bus driver in western New York has been sentenced to 90 days in prison for driving under the influence while behind the wheel during a chaotic ride that was captured on the vehicle’s surveillance video.

 

On January 4, Almond, New York resident Martha Thompson was also sentenced to six months of electronic home monitoring and fined $1,000 in Allegany County Court. On November 2, she pleaded guilty to DUI and 37 counts of reckless endangerment, one count for each student that was on board the bus on May 8.

 

The surveillance video shows several teenage girls pleading with Thompson to pull over after she missed a turn and drove the bus in reverse. The girls then led some of the younger students out of the bus’ rear as she yelled at them to remain on board.



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1/7/2010
Bob Battle
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School Bus Driver Sentenced For DUI With Students On Board

A former school bus driver in western New York has been sentenced to 90 days in prison for driving under the influence while behind the wheel during a chaotic ride that was captured on the vehicle’s surveillance video.

 

On January 4, Almond, New York resident Martha Thompson was also sentenced to six months of electronic home monitoring and fined $1,000 in Allegany County Court. On November 2, she pleaded guilty to DUI and 37 counts of reckless endangerment, one count for each student that was on board the bus on May 8.

 

The surveillance video shows several teenage girls pleading with Thompson to pull over after she missed a turn and drove the bus in reverse. The girls then led some of the younger students out of the bus’ rear as she yelled at them to remain on board.



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1/7/2010
Bob Battle
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DUI Charges Expected For Former NBA Star Jayson Williams After Crash

On January 5, former NBA star Jayson Williams with charged with driving under the influence after a single-vehicle crash in which his SUV veered off an exit ramp and collided with a tree, according to police.

 

Williams, who is awaiting a retrial on a New Jersey manslaughter case, sustained a minor bone fracture in his neck and cuts to his face, according to authorities.

 

Police say when officers arrived, he was in the passenger seat and said that someone else had been driving. However, witnesses told police that they saw him in the driver’s seat and officers saw no other occupants in the vehicle.

 

Police say Williams appeared to have been drinking prior to the 3:15 a.m. crash. He received transport to Bellevue Hospital, where he refused to submit to a breath test. Police requested a warrant to test blood taken by hospital officials for alcohol content.

 

Williams was charged with DUI at his hospital bed.

 

Williams spent a decade in the NBA playing for the New Jersey Nets before a broken leg led to his retirement in 2000. He later became an NBA analyst for NBC, but was suspended after a hired driver was shot to death in his house in February 2002.

 

In that incident, witnesses say that Williams had been drinking and was showing off a shotgun in his bedroom when he snapped the weapon shut and it fired one shot that struck the driver, Costas Christofi, in the chest. They also say Williams initially placed the weapon in the victim’s hands and told those present to lie about what happened.

 

A jury deadlocked on a reckless manslaughter count, acquitted Williams of aggravated manslaughter, and convicted him of covering up the shooting. He was never sentenced for the cover-up counts, pending the retrial’s outcome, and has remained free on bail.

 

In 2009, Williams’ wife filed for divorce and police used a stun gun on him in a New York hotel after a female friend said he was acting suicidal. In May, he was charged with assault after allegedly punching a man in this face outside of a bar in North Carolina, but those charges were dropped. His father, E.J., died in South Carolina in November.



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1/7/2010
Bob Battle
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Woman Has Record-Setting Blood-Alcohol Content

According to authorities in South Dakota, the DUI of a woman they discovered passed out in a stolen vehicle may have set a state record, as her blood-alcohol content was 0.708 percent, which is nearly nine times the legal limit of 0.08.

 

According to Meade County State’s Attorney Jesse Sondreal, his research indicates that in about half of the population, a level of 0.40 percent is considered lethal. He said state chemists can’t remember registering a blood-alcohol content of more than 0.56 percent.

 

Authorities say troopers discovered 45-year-old Marguerite Engle passed out beside a highway on December 1 in a van that had been reported stolen.

 

She missed her December 15 court appearance, but was located on December 28 sitting in another stolen vehicle in a ditch beside another highway after another apparent round of drinks.



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1/7/2010
Bob Battle
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Man Arrested For DUI In Virginia Beach After Hit-And-Run

On December 30, Dorek E. Hayes was arrested by police in Virginia Beach after an accident in which a woman suffered critical injuries while walking along Honeygrove Road.

 

According to police, Hayes was speeding in his 2000 Mitsubishi Eclipse when he hit the woman and fled the scene. Emergency crews responding to the scene discovered the woman conscious, but suffering from trauma to her legs, arm, and head. She received transport to a local hospital where she was listed in critical condition.

 

Hayes crashed into a parked van approximately a block away from the scene and was taken into custody.

 

Police charged Hayes with DUI-second offense, DUI refusal, maiming as a result of being intoxicated, and hit-and-run with personal injury.



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1/7/2010
Bob Battle
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Federal Prosecutor Suspected To Have Received Favorable Treatment Loses License For DUI

A federal prosecutor from Rhode Island whose DUI arrest led to an internal investigation into whether he was given preferential treatment by police has had his driver’s license suspended for seven months.

 

On January 4, 50-year-old Gerard Sullivan admitted that there was enough evidence to prove that he refused to submit to a breath test after he was pulled over on November 25 when he was spotted driving erratically.

 

As part of a deal, two motor vehicle violations against Sullivan were dropped by prosecutors in the state Traffic Tribunal. In addition to the license suspension, he was also required to pay a fine of $400 and serve 40 hours of community service.

 

Sullivan is still faced with a charge of DUI in a Warwick District Court.

 

An internal probe has been ordered by Warwick’s police chief in order to determine why Sullivan was not initially charged with DUI, only others who were arrested during the Thanksgiving weekend.



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1/7/2010
Bob Battle
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Deputy Charged With DUI Resigns

According to officials, a South Carolina deputy has resigned in the wake of his arrest for driving under the influence after he crashed a patrol vehicle.

 

Orangeburg County Sheriff Larry Williams reported to several media outlets on January 5 that Robert Ayers had resigned.

 

On December 30, Ayers was arrested after he ran into a ditch south of Orangeburg. Troopers said that the officer, who was off-duty at the time, failed multiple sobriety tests and refused to submit to a breathalyzer test.

 

According to Williams, Ayers had been a member of the department for three years and had been placed on leave during the investigation.



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12/31/2009
Bob Battle
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Tax Court Lets Drunk Driver Write Off Damages In DUI Accident

On December 10, the U.S. Tax Court allowed a man to write off thousands of dollars worth of damage after totaling his pickup truck while driving under the influence in a ruling on an appeal the man filed.

 

Deducting property damage isn’t unusual (usually claimed as a casualty loss deduction), but the circumstances of the case, which required that a judge determine if the driver was or wasn’t willfully negligent, are what set it apart.

 

The case also shows that disgruntled taxpayers can challenge the IRS, and win, on some unusual cases.

 

Additionally, the case points to a gap in the tax code. Jay Starkman, a CPA from Atlanta, says it may turn on the idea of willful negligence, but tax rules do not define what that means for casualty losses. He called the outcome “unusual.”

 

According to court documents, in 2005, Justin M. Rohrs purchased a 2006 Ford 350 pickup truck for $40,210. Months later he went to a gathering at the home of a friend. Expecting to be drinking, he arranged for a ride to and from the friend’s home. However, after returning home, he decided to drive to his parents’ house. On the way there, his truck slid off an embankment and overturned. He was arrested for DUI and taken to a hospital.

 

Rohr’s insurance company denied a loss claim due to his arrest and DUI citation. The IRS then turned down his claim for a $33,629 casualty loss deduction on his Form 1040. He then took the case to Tax Court, which decided differently.

 

According to the judge’s ruling, driving after drinking doesn’t amount to willful negligence in itself. Rather, he said, the level of intoxication and the quality of the driving have to be taken into consideration. Rohrs’ blood-alcohol content was measured at 0.09 percent, slighting above the legal limit of 0.08 percent.

 

The Tax Court was established by Congress under Article I of the U.S. Constitution. It is located in Washington D.C., but its judges travel around the U.S. to conduct trials in various cities. The court is a place taxpayers may go if they believe they have gotten a raw deal from the IRS.



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12/31/2009
Bob Battle
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Another Virginia Beach Police Officer Arrested For DUI

A police officer in Virginia Beach, the second one in 2009, was been charged with driving under the influence and hit-and-run on December 26.

 

According to Chesapeake police spokeswoman Dorienne Boykin, Stephane Prevot was charged after he struck a neighbor’s mailbox on Myrtle Avenue at approximately 11:30 a.m.

 

Virginia Beach police spokesman Adam Bernstein said Prevot had been an officer for the VBPD since January 2005. He said that an arrest automatically places an officer on administrative duty.

 

Another Beach police officer, Bryan K. Womble, was arrested in June for DUI and hit-and-run after a crash at the Oceanfront. He had a blood-alcohol content of 0.15 percent, nearly twice the legal limit of 0.08 percent.

 

Womble was convicted on September 21 and sentence to five days in prison, which he served in November. His license was also suspended for a year and he was ordered to pay fines of $500, attend alcohol safety awareness classes, and use an ignition interlock device for six months.

 

Womble was a celebrated member of the Police Department’s Traffic Safety Unity, which specializes in stopping impaired driving. He was the officer who arrested retired NFL star Bruce Smith for DUI on May 15.

 

Womble is no longer a member of the Virginia Beach police.



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12/31/2009
Bob Battle
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10 Killed In Eight Crashes Across Virginia During Christmas

According to preliminary numbers, a total of 10 people were killed in eight traffic crashes throughout the state of Virginia during the Christmas holiday weekend. The four-day Christmas statistical counting period began December 24 and ended at midnight on December 27.

 

The number is an increase from 2008’s five-day Christmas statistical period, in which six people were killed in crashes across the state.

 

Of the 10 killed during the period, four were teenagers. On Christmas Eve, a 19-year-old female and 16-year-old female were killed in a crash in Prince Edward County. Neither one was wearing a seatbelt and both were ejected when the vehicle rolled multiple times. On December 26, an 18-year-old male died in Campbell County when his vehicle ran off the road and overturned. He was also not wearing a seatbelt. In a separate crash that day, a 17-year-old driver died in a head-on collision in Newport News. The 53-year-old driver of the other vehicle was also killed in the crash.

 

Two separate fatal crashes in Accomack County were investigated by Virginia State Police during the Christmas holiday weekend. The other fatal crashes took place in Henrico, Fairfax, and Rockbridge Counties. None of those five were wearing a seatbelt.

 

According to studies, not wearing a seatbelt increases one’s likelihood of being killed in a crash by five times and increases the chances of being seriously injured by three times. Under Virginia law, drivers and front seat passengers are required to wear seatbelts.

 

Alcohol was a factor in at least two of the fatal crashes.

 

The 2009-2010 New Year’s four-day statistical counting period begins at 12:01 a.m. on December 31 and ends at midnight on January 3. In 2008, the four-day holiday period saw five people killed in traffic accidents across the state.

 

Virginia State Police plan to continue aggressive DUI patrols and preventative enforcement efforts as part of Checkpoint Strikeforce throughout the New Year’s weekend.



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