Attorney Blog

Passed out with radio on and ignition off is "Operating" for Virginia DUI

Wed, 19 Jan 2011 08:00:00 EST

The Virginia Supreme Court has held that a defendant who was drunk with the radio on and ignition off was "operating" for purposes of Virginia Code § 18.2-266. Click to read the entire decision in Nelson v. Commonwealth.

As legal commentator Steven Emmert points out in his "Virginia Appellate News & Analysis" blog:
"Judging from the cases cited today, in all of the Supreme Court’s prior decisions affirming convictions, either the car was moving or the engine was running. This is, as far as I know, the first time in our Commonwealth’s history when the Supreme Court has affirmed a conviction of DUI when the engine has been turned off."

Dissenting Justice Koontz dissented citing earlier dissents by previous justices stating that the defendant was being convicted of "occupying" and not "operating" a vehicle while under the influence.

Hanover County VA Reckless Driving charges- valuable free info on Defending your charge

Sat, 20 Nov 2010 08:00:00 EST

NEW- Get the "Insiders Scoop" from experienced Hanover Reckless Driving Speeding Lawyers at Hanover Reckless Driving website

What you don't know CAN hurt you- for life!

As an attorney with over 26 years of experience, Hanover County Reckless Driving lawyer Bob Battle knows that there is a tremendous difference in how "Reckless Driving Speeding" cases are treated in different jurisdictions throughout the state. Only an experienced Hanover County lawyer can tell you exactly how your case will be handled at court.

The new website, Virginia Reckless Driving Lawyer gives you the latest "Insiders Scoop" on how Reckless Driving Speeding cases are handled in 4 areas in Virginia- all of these areas are notorious speed traps on the interstate highways:
Hanover County
Dinwiddie County
Greensville County and Emporia
Caroline County

Can I Refuse a Breath Test at the Police Station In Virginia?

Wed, 25 Aug 2010 08:00:00 EST

When you were issued a driver's license in Virginia, you signed some papers in which you agreed to Virginia's implied consent law. This law states that if you are pulled over for a traffic violation, you must comply with the police officer's requests. While roadside breath tests do not fall under Virginia's implied consent law, the law does cover taking a breath or blood test at the police station when an officer requests you to do so.

If you do refuse a breath test at the police station, you will be arrested for violating Virginia's Implied Consent Law. This is a separate charge from your Virginia DUI and will carry separate consequences.

If you are convicted of violating Virginia's implied consent law, the first offense is a civil violation. The penalties for violating Virginia's implied consent law include:

A $500 fine; and
A 1 year driver's license suspension.

If you are convicted of violating the implied consent law, a DUI defense attorney cannot negotiate the length of your license suspension. Your driver's license will be suspended for 1 year and you will not be permitted a restricted license.

It's also important to know that while your first offense is a civil violation, any second or subsequent refusals are actually criminal charges that may include 6-12 months of jail, large fines, and the loss of your driver's license.

If you are pulled over under the suspicion of a Virginia DUI, you may want to know what will happen if you refuse to submit to a breath test. You can learn more about refusing a breath test in Virginia by visiting our article library.

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients build a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Man Hits 7 Vehicles In DUI Accident

Mon, 23 Aug 2010 08:00:00 EST

In what may be some kind of state record, a Virginia Beach man drove his truck into 7 vehicles before crashing into a building this August. The driver, Eric R. Cole, 43, was arrested after the incident and charged with a Virginia DUI.

The incident began early, at 10:30 a.m. on Monday, Aug. 2, at the intersection of First Colonial Road and Old Donation Parkway, when Cole's truck struck 3 cars before he fled the accident scene. While a concerned citizen followed the inebriated truck driver to the 800 block of First Colonial Road, Cole managed to hit another 4 vehicles before careening into a utility building.

While no one was reported to have been seriously injured in the accidents, several of the victims suffered minor scrapes and bruises. A few of the cars which were struck by Cole had to be towed away. Meanwhile, Cole was arrested and subsequently charged with a Virginia DUI. According to a police spokeswoman, Officer Margie Hobbs, Cole has been denied bond while additional charges are pending.

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Does It Mean To Have a DUI Charge Expunged?

Thu, 19 Aug 2010 08:00:00 EST

In most U.S. states, there are laws which allow citizens to have their criminal charges expunged. While these laws will vary from state to state, in Virginia, you cannot have a DUI conviction expunged, but you can expunge your record if your DUI charges were dismissed or you were acquitted at trial.

To have a Virginia DUI charge expunged means to have it "sealed" from your permanent criminal record. This means that when most people view your criminal record, they will not be able to see your Virginia DUI charge. This includes employers, landlords, educational institutions, as well as professional background investigators. In fact, once a charge is expunged, the only people who will be able to see it are courts, authorities, and various governmental bodies.

To find out if your Virginia DUI case is eligible for expungment, read my article on Virginia DUI expungement.

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Can I Expunge My Virginia DUI?

Thu, 19 Aug 2010 08:00:00 EST

To have your Virginia DUI charges expunged, you will need to file a petition for expungement in the necessary circuit court. This petition will require a copy of the warrant(s) or indictment(s) of the charge(s) which you want to have expunged. You will also need to submit your fingerprints (with the petition for expungement) to the Central Criminal Records Exchange (CCRE).

Once the petition for expungement is submitted, the court will conduct a hearing on whether to have your charges expunged. If the expungement is granted, then your Virginia DUI charges will be sealed from your permanent criminal record. This means that no one will see this on your criminal record other than authorities and governmental bodies. Therefore, you will not have to disclose your DUI charges to employers, landlords, or universities.

However, you can only expunge a DUI charge if it was dismissed or acquitted at trial. Once you are convicted, your record cannot be expunged.

If you have been charged with DUI in Virginia, there's no time to waste! No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

And, to learn more about Virginia DUI expungement, visit our article library.

How Can I Expunge My Virginia DUI?

Tue, 10 Aug 2010 08:00:00 EST

To have your Virginia DUI expunged, you will need to file a petition for expungement in the necessary circuit court. This petition will require a copy of the warrant(s) or indictment(s) of the charge(s) which you want to have expunged. You will also need to submit your fingerprints (with the petition for expungement) to the Central Criminal Records Exchange (CCRE).

Once the petition for expungement is submitted, the court will conduct a hearing on whether to have your conviction expunged. If the expungement is granted, then your Virginia DUI will be sealed from your permanent criminal record. This means that no one will see this on your criminal record other than authorities and governmental bodies. Therefore, you will not have to disclose your DUI conviction to employers, landlords, or universities.

However, a judge may choose to deny your petition for expungement. This may be because you failed to successfully meet the terms of your conviction, or because of your criminal history. To know if you are eligible to have your Virginia DUI expunged, you can consult an experienced Virginia DUI defense attorney.

If you are eligible to have your conviction expunged, then a Virginia DUI defense attorney can represent your interests in court.

If you have been convicted of a Virginia DUI, learn more about Virginia DUI expungement by visiting our article library.

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Does It Mean To Have a DUI Conviction Expunged?

Mon, 09 Aug 2010 08:00:00 EST

In most US states, there are laws which allow citizens to have their criminal convictions expunged. While these laws will vary from state to state, in Virginia, these laws may apply to a Virginia DUI.

To have a Virginia DUI conviction expunged means to have it "sealed" from your permanent criminal record. This means that when most people view your criminal record, they will not be able to see your conviction for a Virginia DUI. This includes employers, landlords, educational institutions, as well as professional background investigators. In fact, once a conviction is expunged, the only people who will be able to see it are courts, authorities, and various governmental bodies.

However, not everyone is eligible to have their conviction expunged. To have a conviction expunged, it will depend on a ruling by a judge. To make their decision, a judge will consider:

The severity and nature of the crime for which you were convicted
Any arrests or convictions on your past criminal record
The successful completion of the terms of your conviction

To find out if you may have your conviction expunged, or to file a petition for expungement, you can get the professional help of a Virginia DUI defense attorney.

If you have been convicted of a Virginia DUI, learn more about Virginia DUI expungement by visiting our article library.

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What is the Zero Tolerance Law?

Thu, 05 Aug 2010 08:00:00 EST

According to Virginia's zero tolerance law, any motorist under the age of 21 is prohibited from consuming any amount of alcohol and getting behind the wheel. The difference between this law and the standard DUI laws is that, while adults have a legal blood alcohol content (BAC) limit of .08, underage motorists have no such allowance.

If you are under the age of 21, you are not allowed to have any alcohol in your system whatsoever. This means that one standard alcoholic drink can result in a Virginia DUI. The consequences for this include fines, a driver's license suspension, and the possibility of time in jail. A Virginia DUI can also leave minors with a permanent criminal record. And if a minor has a criminal record, this can affect their college admissions, as well as prevent future job opportunities.

Furthermore, it is also illegal for a minor to use any form of false identification. If a minor uses false identification to illegally purchase alcohol, then they may face additional penalties including fines, license suspensions, and a permanent criminal record. If you or your teenager was been charged with a Virginia DUI under the zero tolerance law, then you should consult with a Virginia DUI defense attorney about how to fight these charges in court.

You can also learn more about Virginia's zero tolerance law by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Can I Prevent My Teenager From Getting A Virginia DUI?

Wed, 04 Aug 2010 08:00:00 EST

In Virginia, there are very strict laws regarding underage drinking and driving. This is called the zero tolerance law, and it states that if a motorist under the age of 21 has alcohol in their system, then any amount of alcohol will constitute a Virginia DUI. This is true even if the motorist has only consumed a single standard drink. In fact, if a driver is under 21, a blood alcohol content (BAC) level of .01 will result in a Virginia DUI.

To prevent you teenager from getting a Virginia DUI, you can take steps that include:

Communicating effectively to establish that it is not okay to drink and drive. Inform you teenager about the zero tolerance law, and what consequences they may face.
Pick your teenager up from parties. This way, if they have been drinking, you can make sure that they don't drive.
Hire a limousine for prom and graduation. There is a chance that your teenager will be drinking at these events, so it is best if they have transportation provided.
Be a good role model. Your own actions will generally influence the actions of your children.

If you or your teenager has been charged with a DUI under Virginia's zero tolerance law, you should get the professional advice of a Virginia DUI defense attorney about how to fight these charges.

You can also learn more about Virginia's zero tolerance law by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Steps to Being a Responsible Party Host

Wed, 04 Aug 2010 08:00:00 EST

If you are planning a party or social event, and alcohol will be served, it is important that you prevent your guests from driving while intoxicated.

To prevent anyone from being injured or killed after drinking at your party, you can:

Discourage guests from excessive drinking, and encourage those who are drinking to be driven by designated drivers;
Hire a transportation service, such as taxis, a shuttle bus or a limousine, which will drive guests home safely after the party; and
Let an intoxicated guest sleep at your home, or have them go home with someone from the party.

You must also be sure that no minors are being served alcohol at your party as you can be charged for this offense under Virginia law.

Some states have a law known as social host liability, which means the host of a party or event may be held liable for damages if their guest is involved in a DUI accident that injures another person. You can learn more about social host alcohol liability by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

A Guest From My Party Was in a Virginia DUI Accident. Am I Liable?

Tue, 03 Aug 2010 08:00:00 EST

If someone who attended your party injured another person in a drunk driving accident, some states can impose social host liability, which could make you liable for damages resulting from a DUI accident. Virginia does not have a social host liability law, but the states that observe this law may allow third-party victims who were injured in your guest's DUI accident to seek compensation from you.

In states that have a social host liability law, the person who hosted the party may be held liable for a third-party victim's:

Property damage;
Medical expenses;
Pain and suffering that they experienced; and
The loss of past, present, and future wages.

Since Virginia does not have a social host liability law, the chances of you being involved in such a situation are slim. Regardless, serving alcohol to a minor is illegal in Virginia. While you cannot be held responsible for a Virginia DUI accident that a minor has caused, you can be charged for serving that minor while they were at your social function.

You can learn more about social host alcohol liability by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Do I Manage My Rate Of Alcohol Consumption?

Fri, 30 Jul 2010 08:00:00 EST

If you plan to drive after drinking alcohol, then you should manage your rate of consumption. If done correctly, this can prevent you from suffering the consequences of a Virginia DUI. To manage your consumption, it is important to know how much alcohol you are drinking. Generally, one standard alcoholic drink contains .5 oz of alcohol, and a healthy body will generally eliminate this much alcohol in an hour.

However, your blood alcohol content (BAC) will be affected by factors such as:

Your age
Your body weight
Your body's composition
The amount of food and water you consumed prior to consuming the alcoholic beverages

To safely operate a motor vehicle, it would be wise to wait after consuming alcohol. You should wait at least 1 hour for every alcoholic beverage that you consume. While you are waiting, you should drink as much water as you can, and urinate as much as possible. The longer you wait, and the more fluids you eliminate, the lower your BAC will become.

Even this method however, will not guarantee that you will not be stopped for driving under the influence of alcohol. If a police officer stops you, and measures your BAC at .08 or above, then you will be arrested and most likely charged with a Virginia DUI.

You can learn more about the Rate of Alcohol Consumption and Your BAC by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Does My Body Eliminate Alcohol?

Thu, 29 Jul 2010 08:00:00 EST

Like anything you consume, when you consume alcohol, your body will process it, and then eliminate it. As your body processes alcohol it can have various effects. Depending on how much alcohol you consume, and your rate of alcohol consumption, you may feel euphoric, uninhibited, more social or talkative. If you consume too much, you may suffer from dizziness, disorientation, and a total loss of judgment. However, if you know your tolerance, and manage your consumption, you can avoid the negative effects.

When your body begins to eliminate the alcohol, it will do so in a number of ways. Almost all of the alcohol that you consume will be eliminated by your liver. The rest will be eliminated through your breath, urine, sweat, feces and saliva. By most standards, a middle-aged healthy person will eliminate one drink (.5 oz) of alcohol per hour.

As people age, however, their ability to eliminate alcohol will diminish. This is why an elderly person usually has a much lower tolerance than a young person. When the body does not eliminate alcohol efficiently, it will result in a higher blood alcohol content (BAC). It is therefore important to know your own tolerance before you choose to get behind the wheel of a car.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your rate of alcohol consumption may have affected your BAC reading. You can learn more about the Rate of Alcohol Consumption and Your BAC by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia DUI Leads To Counterfeit Money Bust

Wed, 28 Jul 2010 08:00:00 EST

In July, two men who were arrested for Virginia DUI were also charged with possession of counterfeit US currency. Police officers became suspicious when they found that two of the men had three strange looking $100 bills. Suspicion grew when the officers noticed the phrase "Billete De La Suerte Alasitas" printed beside Benjamin Franklin's head. When the officers investigated further, they found that an acquaintance of the driver had 59 more of these bills in his house. According to the Washington Post, these bills are distributed each year in Bolivia and Peru during the festival of Alasitas. They may also be purchased on eBay.

According to the US Secret Service, these counterfeit bills have made their way into the U.S. Federal Reserve 125 times.

At the scene of the incident, one man, Jose Portillo, was charged with a Virginia DUI, refusal to take a breathalyzer test, possession of fictitious bank notes and possession of a false work card. The other man Ronald Virto, was charged with the possession of more than 10 fictitious bank notes, passing fictitious bank notes, as well as Virginia DUI charges.

Oftentimes a Virginia DUI can lead to further and more serious charges. If you have recently been charged with a Virginia DUI, you can fight your charge with the help of a Virginia DUI defense attorney.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Can I Rely on a BAC Calculator to Avoid a Virginia DUI?

Wed, 28 Jul 2010 08:00:00 EST

It is a scientific fact that a person's body weight will affect their blood alcohol content (BAC). This is because those who weigh more hold more water in their bodies, and body water dilutes the alcohol in the blood. Therefore, those who weigh less have a higher concentration of alcohol in their blood, and are more susceptible to a higher BAC reading.

In light of this information, there are various Internet sites and even mobile phone apps that offer a way to "calculate" your BAC. By using a BAC calculator, these sites claim to estimate the amount of alcohol in your blood. To do so, they will ask for information such as:

How many drinks you have had
What you were drinking (i.e. the alcoholic content of the beverages)
How much you weigh
How many hours you have been drinking

By submitting this information to a BAC calculator, you will receive an estimate of your BAC level. But these calculators are not a reliable means of gauging your sobriety as they are only giving a vague estimate based on imperfect data. No matter what a BAC calculator says, if an officer pulls you over, and you submit to a BAC test which gives a reading of .08 or above, then you will be charged with a DUI.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your body weight may have affected your BAC reading. To learn more, read our article: Your Body Weight and Your BAC

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Body Fat and BAC Readings

Mon, 26 Jul 2010 08:00:00 EST

Believe it or not, your body weight can have an affect on a Virginia DUI charge. This is because when a police officer takes a blood alcohol content (BAC) reading, the results will reflect the amount of alcohol within your body's bloodstream, and the alcohol in your blood will be diluted by the water in your body.

Therefore, a person with a higher body mass (weight) may have more water in their body, which may dilute the alcohol in their blood. A person with a lower body mass will generally have less water in their body, and hence more alcohol in their blood. This means the BAC reading that led to your Virginia DUI should be questioned by a professional Virginia DUI attorney who can determine if your BAC test was correctly calculated for your body type.

A BAC reading can also be affected by a person's body fat percentage. This is because fat holds much less water than muscle, and so it will absorb less alcohol from the blood. So if two people weigh the same, but one has more body fat, then after the same number of drinks the person with more body fat will have a higher BAC reading. With the expert help of a Virginia DUI defense attorney, you may be able use this information to fight your DUI charge.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your body weight may have affected your BAC reading. To learn more, read our article: Your Body Weight and Your BAC

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Expands Scope of Move Over Law

Fri, 23 Jul 2010 08:00:00 EST

If you haven't heard, Virginia has recently expanded the terms of its "move over" law. According to the law, drivers who see flashing lights on the side of a highway must move over to avoid a collision.

This law was originally established to protect police officers while conducting traffic stops, but as of July 1, 2010, this law now includes towing vehicles, motorist assistance vehicles, and repair and highway maintenance vehicles that display amber-colored flashing lights. By moving over, or changing lanes, motorists can give these workers room to safely do their jobs.

But the law only requires motorists to move over when it is safe for them to do so. If changing lanes would be unreasonable or unsafe, the law states that motorists should proceed with caution and maintain a safe speed for highway conditions. If a police officer believes that you failed to move over when conditions permitted, you may be faced with a traffic violation. Penalties for this may include court fees, fines, and an administrative license suspension.

If you have been unfairly charged with a violation of Virginia's move over law, you can fight the charge with the professional help of a Virginia reckless driving attorney.

To learn more, read our article What Is Virginia's Move Over Law?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Driver Charged in Fatal Virginia DUI Accident

Fri, 23 Jul 2010 08:00:00 EST

A child was killed in Damascus, Virginia over the weekend of July 17-18, 2010 when a Toyota Tacoma, which was traveling west on State Route 788, ran off of the road, hit a culvert, and flipped over onto its hood. The truck had crashed into a residential mailbox, and hit a tree before sliding to a stop.

When police arrived to the scene of the accident, the driver of the vehicle was charged with driving under the influence. The driver's son, who was also in the truck, was pronounced dead at the scene. The accused, who was wearing his seatbelt while driving, suffered only minor injuries in the accident, and refused medical treatment. The boy was buckled into a car seat when he died.

The driver was arrested at the scene of the accident and taken to the Southwest Virginia Regional Jail, where he is being held. Apart from the Virginia DUI charge, further charges are currently pending.

If you have been involved in a similar incident, or charged with a Virginia DUI, you need the professional help of a Virginia DUI defense attorney. An attorney can investigate your case and help you build a defense to the charges against you.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients to protect their rights in mounting a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

If I Am Driving On A Virginia Highway and I See Flashing Blue Lights, Am I Required To Move Over?

Thu, 22 Jul 2010 08:00:00 EST

If you are driving on a Virginia highway, and you see flashing blue lights by the side of the road, Virginia's move over law requires you to move over.

According to Virginia's move over law, when you are approaching a stationary vehicle that is displaying flashing emergency lights, you must "change into a lane not adjacent to the vehicle" if the circumstances allow you to do so.

The reason for this is to prevent you from hitting a police officer or rescue worker. If you do not move over under these circumstances, you may be charged with a traffic infraction. If you are charged with violating Virginia's move over law for a second time, you may face a class 1 misdemeanor. If this violation results in the damage of someone else's property, your license may be suspended for up to 1 year. If this violation results in someone's injury or death, your license may be suspended for up to 2 years, in addition to other penalties imposed.

If you feel you have been unfairly charged with a violation of Virginia's move over law, you can get the professional help of a Virginia reckless driving attorney. An attorney can investigate the case, and help you fight an unreasonable violation.

If you are driving on a Virginia highway and you see flashing lights on the side of the road, by law you may be required to move your vehicle into another lane. To learn more, read our article What Is Virginia's Move Over Law?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Want To Reinstate My Virginia Driver's License, But I Don't Know What To Do

Wed, 21 Jul 2010 08:00:00 EST

If you want reinstate your driver's license after a Virginia DUI, you'll need to complete the necessary steps that the court has laid out for you. If you don't know what these steps are, you must contact your local DMV and ask them for your Compliance Summary.

Your Compliance Summary will tell you what you must do to reinstate your driver's license. These are the rules established by a judge in your Virginia DUI trial and might include paying your fines, attending an Alcohol Safety Action Program, and submitting an SR-22 form to the DMV.

Once you have completed the necessary steps, you will need to take an applicable road skills test, and provide a court order allowing restricted driving privileges. If you need to obtain a new driver's license after your driving privileges are reinstated, you can do so by visiting a DMV customer service center.

For help obtaining your Compliance Summary, and meeting the necessary requirements, you can get the professional help of a Virginia DUI defense attorney. An attorney can go over the details of your Compliance Summary, and make sure you complete the necessary steps to reinstate your license.

If your driver's license has been suspended after a Virginia DUI, you may want to know what steps to take to reinstate your license. To learn more, read our article How Do I Reinstate My License After a DUI in Virginia?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the court's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Can I Reinstate My License After a Virginia DUI?

Tue, 20 Jul 2010 08:00:00 EST

If you have recently been convicted of a Virginia DUI, and your driver's license has been suspended, you may be able to reinstate your Virginia driver's license. However, you must first complete the necessary requirements that have been established by the court. Because each Virginia DUI is different, there is no standard set of requirements. To reinstate your Virginia driver's license, you will have to do whatever the court determines in your case.

Some of the steps you may need to take to reinstate your driver's license include:

Paying all of your court costs and fines;
Attending a Virginia Alcohol Safety Action Program;
Paying the required reinstatement fees; and/or
Providing the DMV with an SR-22 form, which confirms that you have obtained high-risk coverage from your auto insurance provider.

The driver's license reinstatement fees may range from $40 to $220. You can either pay this directly at the DMV's office, or you may be able to pay it online. The DMV may also ask you for a medical report from a licensed physician. To learn exactly what you must do to reinstate your license, and to fulfill all of the necessary steps, you can get the professional help of a Virginia DUI defense attorney.

If your driver's license has been suspended after a Virginia DUI, you may want to know what steps to take to reinstate your license. To learn more, read our article How Do I Reinstate My License After a DUI in Virginia?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the court's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I-295 in Henrico, Hopewell and Prince George increases to 70 MPH Speed Limit

Fri, 16 Jul 2010 08:00:00 EST

The first 70 mph speed limit under Virginia's new law has been posted on a 27-mile stretch of Interstate 295. This comes after the state has decided to raise its speed limit on certain roads and highways. Effective July 1st, Virginia will now allow a maximum speed of 70 mph, up from the previous limit of 65 mph.

This new limit will apply to 1,119 miles of highways within the state. While the change has been effective since the first of July, the new limit will only apply to highways once the speed limit signs have been changed. Thus, the stretch of I-295 is the first road to be affected. It runs east of Richmond to I-295's southern intersection with I-95 near Petersburg. The stretch of highway covers the City of Hopewell, Henrico County and Prince George County.

However, some attorneys are expressing concerns with the new Virginia speed limit. This is because in Virginia, driving at a speed above 80 mph is considered reckless driving. The penalties for reckless driving in Virginia are stiff, and police don't show much leniency when it comes to handing out these tickets, which come with a criminal charge.

The issue being raised by attorneys is that now, just going 11 mph over the speed limit in Virginia can be considered a serious criminal offense. Henrico County Reckless Driving Lawyer Bob Battle has been interviewed about why this increased 70 mph speed limit dramatically decreases the threshold for what is considered Reckless Driving Speeding and will result in a slew of new reckless driving charges.

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Was Busted For Drunk Driving On My College Campus

Thu, 15 Jul 2010 08:00:00 EST

If you are charged with drunk driving (DUI) on your Virginia college campus, you may face penalties from the state as well as from your college. Virginia has little tolerance when it comes to underage drinking. In fact, an underage perpetrator will face the same state penalties as someone who is of legal age. The state penalties include:

Fines up to $500;
Suspension of your driver's license; and
The possibility of time in jail.

You may also see a significant rise in your auto insurance rates. If fact, your rates can go up to as much as $5,000/year. You will also have to attend, and successfully complete, an Alcohol Safety Action program.

In addition to state penalties, additional penalties from your college may include:

Disciplinary action;
Suspension from your institution (and/or extracurricular activities, such as sports);
Loss of scholarships; and/or
Permanent expulsion.

Underage drunk driving is a serious crime. And in Virginia, you will face the same penalties that you would as an adult. If you want to fight your Virginia DUI, you can get the professional help of a Virginia DUI defense attorney.

If you have recently been charged with a Virginia DUI, and you are under 21, you may want to know what penalties you face. To learn more, visit our article Can I Get A Virginia DUI If I Am Under 21?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Have Been Arrested For a Virginia DUI, But I Am Under 21. Will I Go To Jail?

Wed, 14 Jul 2010 08:00:00 EST

If you have been arrested for a Virginia DUI, and you are under the age of 21, there is a chance that you will serve time in jail as a result of your DUI conviction. This is because in Virginia, DUI laws state that a minor will face the same penalties as an adult for a DUI conviction.

The law is called the equal penalties law, and despite being under the legal drinking age, you may face penalties that include:

A 6-month suspension of your driver's license;
A fine of no more than $500;
An alcohol safety program;
5 days in jail, if your Blood Alcohol Content (BAC) is at least .15% at the time of driving; and/or
10 days in jail, if your BAC is at least .20% at the time of driving.

That being said, you will generally not have to serve time in jail when convicted of a first Virginia DUI. You will, however, need to meet the terms that a court sets forth as your punishment. If you don't meet the terms of your sentence, you may face stiffer fines, longer license suspensions, and subsequent arrests.

If you have recently been charged with a Virginia DUI, and you are under 21, you may want to know what penalties you face. To learn more, visit our article Can I Get A Virginia DUI If I Am Under 21?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia DUI Checkpoint Stops Nearly 15,000 Vehicles in 4 ½ Hours

Tue, 13 Jul 2010 08:00:00 EST

On an otherwise quiet evening in June, Virginia police set up a routine checkpoint on a road in Bedford County. Between 7 p.m. and 11:30 p.m. that evening, the checkpoint managed to stop a total of 14,906 vehicles. Authorities participating in the checkpoint, which was on Interstate 460 near the county line, included the Bedford Police department, the Lynchburg Police Department, the Campbell County sheriff's office, and the Virginia State Police.

As a result of their efforts, 82 people were issued citations or arrested. Three of those 82 were charged with a Virginia DUI.

In one of the stranger cases that came to be that evening, a deputy heard kicking sounds from the trunk of one of the vehicles. When the trunk was opened, officers found a goat which was bound at the feet and breathing heavily. The driver claimed that the goat was a gift for her visitors from Kenya, and that in the United Kingdom it is perfectly legal to drive with a goat in the trunk of a car.

After determining that the temperature of the trunk was a sweltering 94 degrees, officers charged the driver with cruelty to an animal. The goat was given some water and sent to the Bedford County Pound.

If you have recently been charged with a Virginia DUI, you may want to know how to get a restricted driver's license. To learn more, read our article How To Get A Restricted License After A Virginia DUI.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Is A Restricted Driver's License?

Mon, 12 Jul 2010 08:00:00 EST

If you have been convicted of a Virginia DUI, chances are that your driver's license was suspended or revoked. But you may be allowed to continue to drive with a restricted driver's license. A restricted license allows DUI offenders to drive under limited conditions.

For instance, with a restricted license you may be permitted to drive to work every day, or to pick your children up from school. To obtain a restricted driver's license, you will have to petition the judge at the time of your Virginia DUI conviction.

In order to receive your Virginia restricted driver's license, you will have to meet certain conditions. For instance, you will have to successfully complete a Virginia Alcohol Safety program. You will also have to pay the fees and fines required for your restricted license. The conditions of your license will be determined by a court, and they vary from case to case.

If you have recently been convicted of a Virginia DUI, and you want to drive on a restricted license, you can get the expert help of a Virginia DUI defense attorney. An attorney can petition the judge for a restricted license and request the terms under which you may be permitted to drive your vehicle.

If you have recently been charged with a Virginia DUI, you may want to know how to get a restricted driver's license. To learn more about restricted driver's licenses, read our article How To Get A Restricted License After A Virginia DUI

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Breathalyzer Malfunction Questions Validity of Thousands of DUI Convictions

Sat, 10 Jul 2010 08:00:00 EST

What was originally reported as a malfunction of 8 out of 10 intoxilyzer machines has now surfaced as a much larger problem. All 10 machines, used by the Metropolitan Police Department in Washington, DC, were in fact malfunctioning over a period of at least 18 months.

The original malfunction story was released in February of 2010. The 4 month investigation that has since taken place has not yielded any greater transparency. DC Attorney General Peter Nickles stated that the malfunction only affected 400 cases, but there are those who believe this number is a grave underestimate.

"There are still thousands of people who would have been under the legal limit, or who were eligible for diversion programs but were not offered them because of the faulty scores." said David Benowitz, member of the National College for DUI Defense.

The machines provided faulty scores that could have caused thousands of faulty convictions. According to Benowitz, it is a situation of such magnitude that it is possible the Attorney General is simply unwilling to take it on.

If you have been charged with a Virginia DUI, do not plead guilty until you have consulted with an experienced Virginia DUI defense attorney about your case! You may be able to have your charges reduced or dismissed completely!

Bob Battle's Guarantee for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for free!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Have Been Charged With a Virginia DUI. Will My Insurance Rates Go Up?

Fri, 09 Jul 2010 08:00:00 EST

If you have recently been charged with a Virginia DUI, your insurance rates will not go up unless you are convicted. Therefore, you have a chance to maintain your rates by fighting your DUI charge. You can do so with the help of a Virginia DUI defense attorney. An attorney can investigate your case, examine evidence, call in witnesses or experts (if applicable) and help you build a solid DUI defense.

If you are convicted of a Virginia DUI, the answer is yes - you may find that your insurance rates are going to increase significantly.

This is because you will be required to fill out an SR-22 form, which you must request from your insurance company. This form is necessary to have your license reinstated after it has been suspended. And once you request an SR-22, your insurer will likely classify you as a high-risk driver. They may also charge you a fee for the SR-22 form.

Other penalties for a Virginia DUI include fines, license suspensions, points on your driving record, and the possibility of time in jail. To avoid a hike in your insurance rates, as well as other penalties, you can get the professional help of a Virginia DUI defense attorney.

If you have recently been charged with a Virginia DUI, you may want to know how much it will affect your auto insurance rates. To learn more, visit our article How a Virginia DUI Conviction Will Affect Your Car Insurance

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Beach Dog Survives More Than A DUI

Fri, 09 Jul 2010 08:00:00 EST

In June, a border-collie/coonhound mix named Ollie survived a DUI incident in Virginia Beach. Ollie was in the back seat of a Ford Excursion when Chantal Dennison, the dog's owner, lost control of her vehicle, which swerved off the road and crashed into some trees. While Dennison was pinned inside the Ford with a dislocated hip, a police officer arrived to the scene and pulled Ollie from the vehicle. Dennison later appeared in court on Virginia DUI charges.

But that wasn't Ollie's first run-in with the Virginia authorities this year. Just one month earlier, the dog had managed to wedge herself inside a 10-inch concrete pipe. While Dennison mused that her accident-prone pet must have been chasing a rabbit or a frog, an Animal Control Officer tried to free Ollie by breaking the pipe with a sledgehammer. When that plan failed, firefighters were called in with their heavy hitting power saws.

Ollie was cut free, only to be involved in a DUI crash just one month later. While police at the scene did not recognize Ollie (her first rescue had, in fact, been at the hands of Virginia firefighters), they were happy to have given the animal her third chance at life.

If you have recently been charged with a Virginia DUI, you may want to know how much it will affect your auto insurance rates. To learn more, visit our article How A Virginia DUI Conviction Will Affect Your Car Insurance

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Retired Henrico Cop Charged with DUI After 1-295 Accident

Fri, 09 Jul 2010 08:00:00 EST

June 9, 2010 - John R. Tucker III, a 55-year-old retired Henrico County police officer was arrested and charged with DUI after driving his pickup truck through safety cones and into a work zone on I-295, injuring a highway paving employee.

According to reports in the Times Dispatch, Harrison was actually driving home from the retirement party of another police officer when the alleged DUI crash took place around 12:45 AM. Injured in the car accident was Robert M. Harrison, 41, of Richmond, who is currently in serious condition at VCU Medical Center.

Tucker has since been charged with driving under the influence and refusal to submit to a blood-alcohol test. Tucker was taken to the Henrico County Jail but later released on bond. He is scheduled to appear in Henrico General District Court on July 17.

No state is faster at moving cases through the system than Virginia. In the face of defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

How Much Will It Cost To Fight My Reckless Driving Speeding Charge?

Thu, 08 Jul 2010 08:00:00 EST

If you plan to fight your charge of reckless driving speeding in Virginia, then you'll definitely want to get the help of a Virginia reckless driving attorney. Without an attorney, you have little chance of beating your Virginia speeding charge, and the penalties you face can far outweigh the costs of an attorney's fees. You may get fined, have your license suspended, end up with a permanent criminal record, and if you were doing more than 90 mph, you may even spend time in jail.

In these types of cases, a Virginia reckless driving attorney will usually ask a flat fee for representation. This will obviously depend on the attorney's abilities, and their level of expertise. This means that you generally don't want to choose the cheapest reckless driving attorney available. When contacting attorneys, ask them how many cases they have defended and taken to trial, and how many they have won.

The cost of an attorney can be far less than the cost of a conviction. Most Virginia reckless driving attorneys will offer a free consultation so you have the chance to learn more about them and their practice before retaining their services. You'll also want to know exactly what you'll be charged ahead of time and choose an attorney who gives you an honest opinion about the challenges of your case. Never hire an attorney who promises a positive outcome as no lawyer can guarantee how your case will be resolved.

If you have recently been charged with reckless driving speeding in Virginia, you may want to know how much it will cost to fight your charge. To learn more, visit our article What Are The Costs For Fighting My Reckless Driving/Speeding Ticket In Virginia?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Ambulance Driver Found Guilty Of Reckless Driving

Thu, 08 Jul 2010 08:00:00 EST

In April, a 21-year-old Virginia Beach ambulance driver was found guilty of reckless driving after he ran a red light and subsequently killed an oncoming motorist. The ambulance driver, Jason Frye, was responding to an emergency call when he passed through the intersection of South Plaza Trail and South Independence Boulevard, driving between 5 and 15 miles per hour above the speed limit.

The Plaza Rescue Squad ambulance that Frye was driving struck a Mercedes Benz driven by Kielland Brandon, sending Brandon's vehicle crashing into a nearby utility pole. Brandon, who was killed in the accident, had been drinking before the crash, and was talking on his cell phone at the time of the accident. He was not determined to have been driving illegally under the influence.

In court, Frye entered an Alford plea, which means that there was more than enough evidence to convict him without his admission of guilt. As a result of the plea agreement, prosecutors agreed to drop charges of involuntary manslaughter against Frye. Frye was found guilty of reckless driving and sentenced to a 6-month suspended sentence and 2 years of probation. He was also ordered not to drive an ambulance for 2 years.

If you have recently been charged with reckless driving speeding in Virginia, you may want to know how much it will cost to fight your charge. To learn more, visit our article What Are The Costs For Fighting My Reckless Driving/Speeding Ticket In Virginia?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Reckless Medic Stops Suspect, Charged With Reckless Driving

Tue, 06 Jul 2010 08:00:00 EST

A Petersburg, Virginia ambulance driver was declared something of an anti-hero 2 months ago when he drove his ambulance into the path of a speeding police chase.

The ambulance driver, Lt. Mark Talbott of the Southside Virginia Emergency Crew, intentionally pulled his ambulance in front of a speeding sedan in order to stop the car which had led police on a 10-minute chase. After colliding with the bumper of the ambulance, the suspect fled the scene on foot and was chased down by the police.

While the suspect was hit with 10 criminal charges, including reckless driving, hit and run, stolen property, and driving on a suspended license, the ambulance driver was also charged with a count of reckless driving. Despite the charges, Talbott said that he did not regret putting himself in harm's way. He insisted he was dong his job to protect the citizens of Virginia.

If Talbott is convicted of reckless driving in Virginia, he could lose his job as a medic. Many EMS agencies will not employ individuals convicted of reckless driving. Talbott hopes to keep his job and he plans to fight the reckless driving charges when his case is taken to court.

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Reckless Driving Speeding and Court Trials

Fri, 02 Jul 2010 08:00:00 EST

You have been cited for speeding, reckless driving, or reckless driving/speeding in Virginia. But you are wondering whether or not you need to hire an attorney. After all, what chance is there of a traffic ticket progressing to a full-blown trial?

Virginia Traffic Tickets Can Carry Severe Consequences

Before answering that question, it is important to note the severity of the penalties you can be assessed for "just a traffic ticket." If you are convicted of Reckless Driving, a Class 1 misdemeanor will go on your permanent criminal record - which could have serious consequences for your future. And if you receive a conviction for reckless driving/speeding, you could get your license suspended or even go to jail.

Securing a Lawyer for a Traffic Case is Essential

Given these possible outcomes, it is vital that you retain a Virginia traffic attorney who can effectively fight for your rights. Many times, this may entail a request that your case be decided in front of a judge or jury. So when choosing a lawyer to represent you, make sure they have substantial trial experience in traffic cases.

There's another reason that a traffic ticket trial is more likely in Virginia than in many other states. That's because if a court rules against you in your trial, your lawyer has the right not only to appeal the ruling, but also to demand that the new trial take place in front of a jury of your peers. But in Virginia, the prosecutor can also request that an appellate trial be held in front of a jury.

For more information on hiring a Virginia traffic attorney to fight your traffic ticket, read our article on How to Choose the Right Virginia Traffic Lawyer.

Defending Your Speeding Case

There are many technical defenses to defending speeding cases. If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia.

Bob Battle has gained a reputation among other attorneys for developing new and creative arguments to attempt to keep the results of your speed out of evidence for moving radar cases, stationary radar cases, VASCAR cases and even cases where the officer "paced" the other vehicle. Contact 804-673-5600 to schedule your legal consultation today.

How to Check the State Bar Record of a Potential Virginia Traffic Attorney

Fri, 02 Jul 2010 08:00:00 EST

When choosing a Virginia lawyer to represent you in a traffic ticket case (or for any other reason), you need to establish that they possess integrity and honesty. One way to determine this is to see if they have been cited for any ethical or criminal infractions in Virginia. But how do you obtain that information?

Virginia State Bar

The Virginia State Bar is the agency which oversees the conduct of all attorneys in the Commonwealth. If you want to discover if a particular attorney has been sanctioned, suspended, or disbarred, you can go online and visit the agency's web site.

When the Virginia State Bar home page comes up, you will notice a search box near the top of the screen. You can type in a lawyer's name to see which search results are found and then click on them.

Sometimes, a link will display a copy of an actual VSB proceeding. If you find such a document, scroll down toward the bottom to read what decision was rendered in the case.

An Easier Way to View VSB Disciplinary Proceedings

If the "legalese" of the court document is confusing, there is another way to access the agency's database of disciplinary actions. Note the date of the court filing (near the beginning of the document) and then return to the VSB home page.

There is a light blue box in the middle of the homepage marked Resources, and the right column in the box is labeled For the Public. Clicking on the link entitled Disciplinary System Actions will bring you to another page where those actions are sorted by date in 6-month intervals.

Click on the appropriate link which matches the date of the court document you viewed earlier. The resulting pages will provide a quick summary of all disciplinary action taken by the agency during that time period.

For more information on examining the ethics of a potential attorney, read our article on How to Choose the Right Virginia Traffic Lawyer.

Obtaining a Lawyer for Traffic Tickets

As the state where driving is viewed under its laws as "a privilege, not a right," traffic law in Virginia can cause extraordinary inconveniences for those charged with any traffic violations.

When the punishment does not fit the crime, as is typically the case under Virginia's traffic laws, an experienced attorney may be needed. If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia's new 70 mph limit will increase Reckless Driving charges

Fri, 02 Jul 2010 08:00:00 EST

Virginia's new law increasing the speed limit from 65 mph to 70 mph went into affect yesterday, July 1, 2010.
The first of many locations to raise their speed limit was in the Richmond area on Interstate 295. An area of the highway from Prince George County to Henrico County raised the speed limit from 65 to 70 mph. Virginia Reckless Driving Speeding Lawyer Bob Battle stated that this area is already a huge speed trap especially in the portions in Hopewell and Henrico County.

Bob Battle was interviewed by CBS6 News' Mark Holmgren to explain that, since the Virginia Reckless Driving Speeding Law (Virginia Code Section 46.2-862) remains unchanged and that any speed above 80 mph is "Reckless Driving," that the increased speed limit will lead to a huge increase in Reckless Driving Speeding tickets. Reckless Driving Speeding is a criminal misdemeanor in Virginia.
To view the interview click CBS6's Mark Holmgren interviews Bob Battle about VA's new 70 mph Speed Limit
To read a transcript click New 70 mph Speed limit in Henrico, Hopewell & Prince George will lead to increased Reckless Driving charges.

Out of State Motorists Beware: Harsh Penalties in Virginia

Thu, 01 Jul 2010 08:00:00 EST

If you are visiting Virginia from another state, then welcome to the Commonwealth! We hope you choose to stay for quite a while. But by "stay," we don't mean as a "guest of the state." However, if you are caught speeding on Virginia highways and roadways, incarceration is a very real possibility.

Reckless Driving in Virginia

The term "reckless driving" might connote wild, irresponsible, or out-of-control behavior, but according to Virginia law, you can be charged with Reckless Driving simply by traveling above 80 miles per hour - even if that's less than 15 mph over the speed limit!

What's more, Reckless Driving is a Class 1 misdemeanor, which is the most serious class of non-felony crime in the state. In addition to steep fines, this conviction will appear on your criminal record.

Reckless Driving Speeding in Virginia

If you are unlucky enough to be clocked going 20 mph over the speed limit in Virginia, you will probably be charged with reckless driving speeding. In addition to the penalties for reckless driving, you face a license suspension of up to 6 months.

What's more, if you are charged with driving more than 90 mph, you may go to jail. Your incarceration time can range anywhere from a couple days to a few months. This is a harsher penalty in Virginia than it often would be for first-time felony drug offenders, auto thieves, embezzlers, or drunk drivers.

For a Virginia reckless driving charge, you could experience other consequences such as:

the revocation of your driving privileges by your employer or commercial driver's license (as a result of your criminal record);
a sharp increase in auto insurance rates;
an inability to qualify for auto insurance if your license gets suspended; and
a harsher sentence for any future crimes committed in Virginia.

For more information on hiring a Virginia reckless driving attorney to fight your ticket, read our article on When Out of State Motorists Are Caught Speeding in Virginia.

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only reckless speeding Lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Some Parts of I-81 May See Hike in Speed Limits

Thu, 01 Jul 2010 08:00:00 EST

The state of Virginia has some of the toughest penalties for speeding/reckless driving in the country. Motorists can receive fines, a criminal record, license suspensions, and even jail time for even relatively minor speeding infractions. But now, the state's transportation department is considering raising speed limits on some Virginia highways.

The Virginia Department of Transportation (VDOT) has stated that it may hike some speed limits on Interstates 81 and 64 in west central Virginia just northwest of Lynchburg. But VDOT officials stress that these limits will not be changed on all portions of these two interstates.

Areas Targeted For Increased Speed Limits

The parts of these two highways that are being mulled for an increase in speed limits are:

I-81 in Botetourt County; and
I-64 in Alleghany County

State police officials stress that a "highway safety corridor," where drivers cannot exceed 60 miles per hour, will remain intact on these interstates.

VDOT also says that it will ask for input from police agencies to determine if elevating the speed limit is feasible. The transportation department will also look at other factors, such as the number of interstate entrance and exit ramps and the frequency of accidents in targeted areas, before making a final decision on the speed limit issue.

Securing Legal Representation for a Virginia Speeding Ticket

Virginia Reckless Speeding Lawyer Bob Battle understands the drastic and unfair consequences that a conviction could have on both Virginia licensed motorists and out-of-state motorists caught in one of Virginia's "Yankee speed traps" as they drive through Virginia for business or vacation.

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Former Deputy Sentenced For Virginia DUI

Thu, 01 Jul 2010 08:00:00 EST

In June, a former Virginia Beach sheriff's deputy was sentenced to 4 1/2 years in prison for her second Virginia DUI offense within a 5-year period. The sentence was handed down to Lisa Marie Schettler, who had been employed as a sheriff's deputy when she received her first Virginia DUI in 2009. As a result of that conviction, Schettler was terminated from her post with the Virginia Beach police.

But just 2 months later, things took a turn for the worse when Schettler caused a head-on collision on Birdneck Road. Donald and Elaine Gay suffered serious injuries when Schettler, 24, was again determined to have been driving illegally under the influence of alcohol.

In the collision, Donald, 63, suffered broken bones in his right wrist, while Elaine, 62, suffered injuries to her ankles and knees. In court, Schettler pled guilty to a charge of Virginia DUI with serious injury and a second DUI offense within a 5-year period. The circuit court judge who presided over the case said that her "reckless disregard for others demanded serious punishment." The judge said that the Gays were fortunate in that they weren't injured even more seriously.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Tow Truck Driver's Death Leads to New Virginia Move Over Law

Mon, 28 Jun 2010 08:00:00 EST

Drivers in Virginia are starting the decade with a strengthened "move over" law. And like many laws, this legislation was sparked by a tragedy on one of the state's highways.

Origination of Stronger Move Over Law

In August of 2009, Andy Starmer decided to assist a motorist who was stranded on Interstate 64 in Newport News, Virginia. Starmer pulled his tow truck to the shoulder of the roadway and turned on his flashing amber hazard lights. Unfortunately, a truck driven by William Charles Burns struck Starmer, who died just 3 days short of his 37^th birthday.

The incident prompted Virginia Delegate G. Glenn Oder, whose district includes Newport News, to sponsor a bill strengthening the state's move over law. That bill was approved in January of 2010 and took effect the following July.

Law Encompasses Vehicles with Amber Flashing Lights

The improved move over law states that motorists must slow down and/or change lanes on a highway whenever an emergency vehicle displays red, blue, or amber flashing lights. The previous law only applied to vehicles such as police cars or fire trucks which had red or blue lights.

The law only dictates a lane change if it is reasonable or safe to do so under the circumstances. A violation of this law results in a traffic citation.

The Virginia State Police supports the more stringent law. From October 2007 to June 2010, there have been a dozen instances of a state trooper or their vehicle being struck during a traffic stop on the side of a roadway.

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia.

Bob Battle has gained a reputation among other attorneys for developing new and creative arguments to attempt to keep the results of your speed out of evidence for moving radar cases, stationary radar cases, VASCAR cases, and even cases where the officer "paced" the other vehicle. Contact 804-673-5600 to schedule your legal consultation today.

I could end up in jail just for reckless driving in Virginia?

Fri, 25 Jun 2010 08:00:00 EST

In Virginia, you do not need to be driving particularly recklessly or even far above the posted maximum speed limit to be charged with reckless driving in Virginia. This is a criminal charge complete with criminal record and possible jail time. Many find this hard to believe, especially the jail aspect.

Calculating Jail Time Based on Speed in a Reckless Driving Speeding Conviction

People are commonly sentenced to jail time for driving at speeds above 90 miles per hour. The amount of time to be spent in jail will vary from judge to judge by some Virginia judges rely on a mathematical formula: 2 days for every mile per hour over 90 and if the speed is greater than 100 miles per hour, stack on an additional 30 days.

For example, if you were driving at a speed of 106 miles per hour, you could spend 62 days in jail. To show you how the jail time formula breaks down:

106 - 90 = 16
16 x 2 = 32
32 + 30 = 62

Keep in mind under this formula, if you had you been driving a mere 7 miles per hour slower, at 99 miles per hour, you would be going to jail for only 18 days rather than 2 months. Also there is no special "speeder's jail," you would be in the same jail as other convicted criminals.

Learn more about the penalties for reckless driving in Virginia by visiting our article library.

There are many technical defenses to defending speeding cases. If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia.

Bob Battle has gained a reputation among other attorneys for developing new and creative arguments to attempt to keep the results of your speed out of evidence for moving radar cases, stationary radar cases, VASCAR cases and even cases where the officer "paced" the other vehicle. Contact 804-673-5600 to schedule your legal consultation today.

The Impact of a Reckless Driving Conviction on Future Criminal Charges

Fri, 25 Jun 2010 08:00:00 EST

As a criminal offense, reckless driving in Virginia has the potential to impact your life for many years to come. A Virginia reckless driving conviction creates a permanent criminal record, raises your insurance rates, and may bar you from future and even present jobs. On top of all this, a reckless driving conviction could increase your sentences for other crimes.

How Can a Reckless Driving Conviction Increase Sentences for Other Crimes?

Reckless driving in Virginia is a criminal charge. It is listed as a Class 1 Misdemeanor and is treated as any other Class 1 Misdemeanor when your prior record is examined according to Virginia's sentencing guidelines.

This may not seem like such a big deal, however, a prior conviction can dramatically affect your potential sentence should you face criminal charges in the future. Having a prior criminal conviction on your record could change a criminal sentence from probation with no jail time to 6 months to a year in jail.

Learn more about the penalties for reckless driving in Virginia by visiting our article library.

As the state where driving is viewed under its laws as "a privilege, not a right," traffic law in Virginia can cause extraordinary inconveniences for those charged with any traffic violations.

When the punishment does not fit the crime, as is typically the case under Virginia's traffic laws, an experienced attorney may be needed. If you have been ticketed for reckless driving speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Why You Shouldn't Pay Your Virginia Reckless Driving Ticket (without a fight!)

Mon, 21 Jun 2010 08:00:00 EST

If you have received a reckless driving ticket in Virginia, you may have been prompted by the court to just pay the ticket and worry no longer. This is a bad idea for a number of reasons, primarily because paying your reckless driving ticket is equivalent to pleading guilty. It would be a much better idea to first consult a Virginia reckless driving attorney and learn how to fight your reckless driving charges.

The court will not always tell you that the act of paying your ticket is equivalent to a guilty plea to a criminal charge, but this does not make it any less true. However convenient mailing a check to court may be, it is not worth the serious repercussions such as:

A criminal conviction on your record;
Increased insurance records; and
Possible job loss or refusal because of a criminal record.

"Just paying" the ticket may sound convenient for you, but it is really only convenient for the court.

Virginia Reckless Speeding Lawyer Bob Battle understands the drastic and unfair consequences that a conviction could have on both Virginia licensed motorists and out-of-state motorists caught in one of Virginia's "Yankee speed traps" as they drive through Virginia for business or vacation.

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Speed Traps and Heavy Penalties

Mon, 21 Jun 2010 08:00:00 EST

If you have received a reckless driving ticket in Virginia you are far from alone. Because of the state's over-active pursuit of speeding motorists and reckless drivers, you are in very good company. Not only are Virginia traffic laws incredibly strict and the penalties serious, speed traps are more than common on Virginia's roads.

Speed Traps, Speed Traps, and More Speed Traps

If you are a resident of Virginia, you are probably already aware of the numerous speed traps throughout the state. However, the placement of many 24-hour speed traps on major interstates would suggest that Virginia residents are not the only target.

Out-of-state motorists receiving a reckless driving ticket may not realize they are receiving a criminal charge under Virginia's weighted traffic laws. A criminal charge stays on your record in any state, meaning that ticket could follow the out-of-state motorist home and into the rest of his or her foreseeable future.

This is why it is important, should you receive a reckless driving ticket in Virginia, to contact an experienced Virginia reckless driving attorney, regardless of whether or not you are a resident of Virginia. You will need the assistance of a professional with experience in Virginia's traffic laws and procedures.

When the punishment does not fit the crime, as is typically the case under Virginia's traffic laws, an experienced attorney may be needed. If you have been ticketed for Reckless Driving/Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

100s of Citations Issued in Operation C.A.R.E. During Memorial Day Weekend

Wed, 16 Jun 2010 08:00:00 EST

In their continued effort with the annual Operation C.A.R.E. program, Virginia State Police issued hundreds of traffic citations over this past Memorial Day weekend. C.A.R.E. is the Operation Combined Accident Reduction Effort, which is a state sponsored program "designed to reduce crashes, fatalities and injuries by speeding, impaired driving and failure to use occupant restraints." In continuance of the program, Virginia State Police increased its traffic enforcement efforts over the holiday weekend.

As a result of the increased patrols on Friday, May 28 through Monday, May 31 more than 700 citations were written in Page, Shenandoah, Rockingham, and Augusta counties. These included nearly 400 speeding citations, 47 reckless driving citations and 6 DUI citations.

If you were issued a citation in the Operation C.A.R.E. program

You may have been the target of a statewide traffic crackdown. But you don't have to accept the charges without putting up a fight. A reckless driving charge can result in fines, license suspensions, serious jail time, and a permanent criminal record.

If you feel you were targeted unfairly, then you can get the professional help of a Virginia reckless driving attorney. An attorney can investigate your case for any evidence of illegal police procedures. If in fact you were targeted unjustly, then an attorney may find a legal way of getting your charge dismissed in court.

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia Reckless Driving Attorney to offer a guarantee that could be worth $1000s in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Fighting Your License Suspension After a Reckless Driving Speeding Charge

Wed, 09 Jun 2010 08:00:00 EST

If you have been charged with reckless driving/speeding in Virginia, you may face penalties that include the suspension or revocation of your driver's license. But you do have the option of fighting this penalty at an administrative hearing.

In an administrative hearing to fight your license suspension/revocation, you can be heard by an administrative judge. You can cross-examine witnesses, and present any evidence that may help you win your case. You can not, however, appeal to a jury, as this type of administrative hearing is different than a formal judicial proceeding.

It is important to know that, while you are provided the chance to be heard before a license suspension/revocation, the state may rely on a court conviction to revoke a license without hearing.

To appeal your license suspension/revocation after a reckless driving/speeding charge, you can get the help of a professional Virginia reckless driving attorney. An attorney will investigate your case, and do their best to protect your driver's license.

If you have recently been charged with reckless driving/speeding in Virginia, you may want to know what consequences you face, and what you can do to defend yourself. To learn more you can visit our article Should I Hire a Lawyer to Fight My Reckless Driving Speeding Ticket?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia Reckless Driving Attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Can a Virginia Reckless Driving Attorney Help Me?

Wed, 09 Jun 2010 08:00:00 EST

In Virginia, certain speeding violations are considered reckless driving. If your vehicle exceeds 80 mph, or exceeds a speed of 20 mph beyond the legal speed limit, then you will be charged with a Class 1 misdemeanor known as reckless driving speeding. Penalties for this include fines, license suspensions, and the possibility of time in jail. A conviction of reckless driving/speeding will also leave you with a criminal record.

While this may seem like unfair punishment for a speeding violation, it is still Virginia law. But you may be able to avoid these penalties by fighting your speeding charge. To do so, you can get the help of a Virginia reckless driving attorney.

An attorney can fight your license suspension at an administrative hearing. To do so, they will present your case directly to a judge. But to fight your fines, and prevent the burden of a permanent criminal record, you may have to fight your speeding charge in a formal court of law.

A Virginia reckless driving attorney can investigate your case. They may find violations that can get your Virginia speeding charge dismissed. Or they may negotiate a plea bargain that will minimize your penalties. If your reckless driving speeding case does go to a formal trial, then an attorney may be able to prove your innocence in court.

The last thing you want to do is accept the penalties without putting up a fight.

If you have recently been charged with reckless driving/speeding in Virginia, you may want to know what consequences you face, and what you can do to defend yourself. To know more you can visit our article Should I Hire a Lawyer to Fight My Reckless Driving Speeding Ticket?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia Reckless Driving Attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

The Danger of Virginia Speed Traps

Tue, 08 Jun 2010 08:00:00 EST

Virginia speed traps are a legal means of enforcing traffic laws. And if you break those laws you could face criminal charges, and some serious time in jail. This is because in the state of Virginia, certain speeding violations may earn you a reckless driving charge.

Virginia statutes state that if your vehicle exceeds a speed of 80 mph, or if you are caught driving 20 mph over the legal limit, an officer can charge you with reckless driving speeding. And there are speed traps on interstate highways that are meant to catch offenders.

Some of the most notorious speed traps are located near Richmond on interstates I-95, I-85, and I-64. And with officers monitoring highway traffic 24 hours a day, there are quite a few people being charged with reckless driving/speeding.

A reckless driving conviction can come with serious penalties and fines. These include administrative fees, license suspensions, an increase in insurance rates, and even time in jail. And in Virginia, reckless driving is considered a class 1 misdemeanor, which means that if you are convicted, it will leave you with a permanent criminal record. Many Virginia reckless driving attorneys feel that these penalties are severe.

If you have recently been charged with speeding in a Virginia speed trap, you may want to know what consequences you face, and what you can do to defend yourself. To know more you can visit our article Are Speed Traps Legal in Virginia?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia Reckless Driving Attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

You May Serve Jail Time For A Virginia Speeding Conviction

Tue, 08 Jun 2010 08:00:00 EST

If you are convicted of speeding in Virginia, you may be surprised to find out that you could do time in jail. This is because in Virginia, certain speeding violations are considered a class 1 misdemeanor. Statutes state that if you drive more than 80 mph, or exceed the legal speed limit by more than 20 mph, then an officer will charge you with reckless driving speeding. And besides fines, license suspensions, and a permanent criminal record, a reckless driving conviction carries the possibility of serving time in jail.

If a judge does decide that you should be sent to jail for speeding in Virginia, some judges rely on a mathematical formula. According to the formula, you may serve 2 days in jail for every mph that you were exceeding 90 mph. If you were exceeding a speed of 100 mph, then under this formula you would serve an additional 30 days in jail. And so if you are determined to have been driving at 103 mph, then your jail time may be estimated as follows:

13 mph over x 2 = 26, + an additional 30 = 56 days in jail

If you have recently been charged with speeding in Virginia, you may want to know what consequences you face. To learn more you can visit our article Are Speed Traps Legal in Virginia?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia Reckless Driving Attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of reckless driving/speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for reckless driving/speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What are the steps involved in a 12-step program?

Mon, 07 Jun 2010 08:00:00 EST

If you think you are addicted to alcohol, you may be searching for assistance with your problem. You may have heard about 12-step programs which are designed to help people with their alcohol addiction.

The 12 Steps to Combat Alcohol Addiction

While every 12-step group is slightly different, they all base their principles around these guidelines:

Step 1. Admit that you are powerless over alcohol and your life has become unmanageable.

Step 2. Accept the belief that a higher power can restore you to sanity.

Step 3. Decide to turn your life over to the care of this higher power.

Step 4. Make a thorough and soul-baring moral inventory of yourself.

Step 5. Admit to the higher power, to yourself, and to someone else the exact nature of your transgressions.

Step 6. Be entirely ready to have the higher power remove all these character defects.

Step 7. Humbly ask the higher power to remove these shortcomings.

Step 8. Compile a list of everyone you have harmed and be willing to make amends to all of them.

Step 9. Directly make amends to these people wherever possible (unless doing so will injure them or others).

Step 10. Continue to take a personal inventory and promptly admit all wrongdoing or transgressions.

Step 11. Seek through meditation and prayer to improve your conscious contact with the higher power, praying only for the knowledge of its will and the power to carry out that will.

Step 12. Having undergone a spiritual awakening, try to carry this message to other people and strive to always practice these principles.

You can learn more about treating alcohol addiction in Virginia by visiting our article library.

Finding a DUI Lawyer in Virginia

No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Finding AA Meetings in Virginia

Mon, 07 Jun 2010 08:00:00 EST

If you think that you are suffering from alcohol addiction, then you should strongly consider getting help. The most visible support group for alcoholics in the U.S. is Alcoholics Anonymous. And there are numerous AA chapters in the state of Virginia that can help you.

The Parent Organization

Alcoholics Anonymous was founded in 1935 with the sole purpose of helping alcohol addicts stop drinking. It strives to accomplish this goal by hosting meetings that bring alcoholics together so they can help and support each other. AA has a presence in all 50 states, including Virginia.

Finding a Virginia Alcoholics Anonymous Meeting Near You

Here's how to find an Alcoholics Anonymous meeting in your area.

Go to the website of the Virginia Chapter of Alcoholics Anonymous.
In the left-hand column, click on "MEETING LISTINGS by Day/Town." Click on the day of the week you wish to attend a meeting. Then click on your city. You will see a list of meeting times and locations for that day and location.
You can also click on "MEETING SEARCH" in the left-hand column. This will let you find a meeting near you using additional search criteria such as zip code, meeting time, group name, or meeting location.

When you find a meeting site, there is no need to call and make a reservation or put your name on a membership list. All you have to do is show up at the appointed time and place. There are no membership fees, though AA does accept donations.

You can learn more about treating alcohol addiction in Virginia by visiting our article library.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

The Sixth Amendment to the Constitution

Mon, 07 Jun 2010 08:00:00 EST

If you are charged with a Virginia DUI, you have the right to let an attorney represent you at your court proceedings. This right is guaranteed to you by the Sixth Amendment to the Constitution. But what exactly does the Sixth Amendment guarantee?

Right to Counsel

First and foremost, the Sixth Amendment permits you to have an attorney by your side during all phases of prosecution. These include:

arrest
interrogation
arraignment
pre-trial proceedings
trial
sentencing
post-sentencing proceedings

The law does not discriminate against defendants who cannot afford to hire an attorney. In these cases, the court is required to appoint effective counsel to represent the accused individual at no cost to the defendant.

Other Sixth Amendment Rights

But your rights under the Sixth Amendment extend beyond the allowance of counsel. All people being tried in a U.S. court have the right to:

request a trial by a jury of their peers
be present for the entire trial
confront their accusers in court
question evidence and cross-examine witnesses
testify or refuse to testify on their behalf
compel prosecutors to prove beyond a reasonable doubt that the defendant is guilty of the crime

If you have been arrested on a Virginia DUI charge, you should invoke your right to secure legal representation and contact a qualified Virginia DUI lawyer.

Finding a Competent Virginia DUI Attorney

No state is faster at moving cases through the system than Virginia. When facing a criminal charge, choosing your lawyer will be one of the most important decisions you'll make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes, such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Retaining Your DUI Attorney during Post-Conviction Proceedings

Sun, 06 Jun 2010 08:00:00 EST

You have been convicted of driving under the influence in a court of law. Or maybe you pled guilty to DUI charges before you even got to court. In both cases, you should still retain the services of your Virginia DUI attorney even though the trial has been completed.

The rights guaranteed to you under the Sixth Amendment of the Constitution extend beyond the point of a criminal conviction. In other words, you still have the right to engage an attorney during any and all post-conviction proceedings.

Sentencing

Often, people are not sentenced on the same day they are found guilty of a Virginia DUI. This means you are permitted to have a Virginia DUI attorney present when the judge or jury imposes punishment for your conviction, even if occurs on a separate day.

Parole or Probation

If jail time is part of your DUI sentencing, the court may consider granting you parole or probation before you have served your entire sentence. You can request that your DUI lawyer be present at any hearings which are convened to address these issues.

Revocation of Parole or Probation

Conversely, the state can revoke your parole or probation and incarcerate you if it believes that you have violated the conditions of your sentencing arrangement. Again, you can have your Virginia DUI lawyer with you in court to challenge the state's reasons for rescinding your freedom.

Appeal

You also have the right to representation during appellate proceedings. If you believe that the verdict in your DUI case was incorrect or that your rights were violated during your original trial, then you can enlist your lawyer to argue that you are entitled to another trial or deserve to be exonerated.

You can learn more about the advantages of retaining a Virginia DUI attorney by visiting our article library.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Pleading the Fifth in a Virginia DUI

Fri, 04 Jun 2010 08:00:00 EST

"Pleading the Fifth" means you are exercising your rights under a provision of the Fifth Amendment of the U.S. Constitution that reads: "no person... shall be compelled in any criminal case to be a witness against himself." This provision was designed to prevent the government from using force or coercion to obtain a statement or confession that might be used by the police in place of other evidence.

In any criminal proceeding such as a Virginia DUI charge, there are mainly 2 instances when you can invoke your right to remain silent:

After you have been arrested for DUI in Virginia and read your Miranda Rights; or
During your trial if you and your Virginia DUI defense attorney agree-based on the specifics of your case-that you should not take the witness stand.

After your arrest, you should be notified of your Miranda Rights by the arresting officer or investigator who expects to question you about your DUI charge. If the police officer or investigator already has sufficient evidence to charge you with the crime, they may not question you and consequently, may not read you your rights.

Once you have been read your rights, however, and the police officer or investigator asks you questions which may implicate a DUI, you can politely tell the police officer that you choose to plea the Fifth. This will stop you from accidentally revealing any information that may be self-incriminating and damage your case later on.

If you choose to plea the Fifth during your Virginia DUI trial, then a court will not be allowed to force you to take the witness stand. Furthermore, a jury can not consider your silence as an implication of guilt. The jury may only consider the evidence presented in the trial.

If you have recently been charged with a Virginia DUI, you may want to know more about pleading the Fifth Amendment. To do so you can visit our article Can Pleading the Fifth After a Virginia DUI Arrest Help My Case?

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Brother Continues to Plead the Fifth in DUI Manslaughter Trial

Fri, 04 Jun 2010 08:00:00 EST

In March of 2009, Josh Hunter of Sarasota, Florida was arrested after his car overturned on Interstate 75. The accident left one passenger dead, and Hunter was charged with DUI manslaughter. Hunter's older brother, James Hunter, was also in the vehicle, but refused to testify against his brother during a pre-trial hearing. Due to his refusal to testify on April 27, James Hunter was taken into custody as well.

James Hunter was given a second chance to testify in May, but once again he refused to implicate his younger brother. Instead he chose to invoke his rights under the Fifth Amendment to the Constitution. But the Fifth Amendment does not apply when subpoenaed in someone else's trial. In lieu of James Hunter's refusal, the prosecution requested that he be charged with criminal contempt.

A fourth passenger in the vehicle did testify in May, but said he was too drunk to remember who was driving the car. Also testifying was Florida Highway Patrol trooper George Yeck, who said that Josh Hunter smelled of alcohol following the deadly crash.

In a U.S. criminal court proceeding, you may only plead the Fifth Amendment as the defendant in your own trial.

If you have recently been charged with a Virginia DUI, you may want to know more about pleading the Fifth Amendment. To do so you can visit our article, Can Pleading the Fifth After a Virginia DUI Arrest Help My Case?

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Unfortunately, Virginia Requires Chemical Tests After a DUI Arrest

Thu, 03 Jun 2010 08:00:00 EST

In Virginia, if you arrested for a DUI you are then required to take a chemical test which will determine your Blood Alcohol Content (BAC) level. This means you are required to submit to either a breathalyzer test and/or a blood test at a detainment center or medical facility.

Refusing this test will see your license suspended for 1 year under Virginia's implied consent law with additional suspensions, fines, and possible jail time if you refuse the test multiple times within 10 years.

The reason that this is mandatory is because of Virginia's implied consent law, which you agreed to when you signed the application for your driver's license. Virginia's implied consent law also states that any person who operates a motor vehicle has consented to a chemical test whether they hold a Virginia driver's license or not. This means even out of state drivers have "consented" to this test simply by driving on Virginia's roads.

If you have recently been charged with a Virginia DUI, you may want to know how Virginia's implied consent law might affect your case. To know more you can visit our article Implied Consent Law in a Virginia DUI.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Do Attorneys Have Against Virginia's Implied Consent Law?

Thu, 03 Jun 2010 08:00:00 EST

According to Virginia's implied consent law, anyone who has a driver's license may be subjected to a Blood Alcohol Content (BAC) test after a DUI arrest. This means that if you are arrested for DUI in Virginia, you must take a BAC test when an officer requests that you do so. If you refuse to do so, then your license will be suspended for 1 year.

This not only applies to citizens of Virginia, but to anyone who operates a motor vehicle on highways within the state.

Many attorneys have argued that this violates our constitutional rights. The Fifth Amendment to the U.S. Constitution states that no person shall be compelled to act as a witness against themselves. But a mandatory test does compel you to act as witness against yourself. And if an outright refusal results in punishment, then either way you may suffer consequences. This presents a dilemma to the basic freedoms which the Constitution provides.

In many cases attorneys have argued against Virginia's implied consent law. This may have an impact on your Virginia DUI. If you have had your license suspended for refusing a BAC test, you may want to get the expert help of a DUI attorney.

To know more about Virginia's implied consent law, you can visit our article Implied Consent Law in a Virginia DUI.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Increased Virginia Police Patrol in Effect this Memorial Day Weekend

Fri, 28 May 2010 08:00:00 EST

With holiday weekends come increased traffic and in turn, increased police presence on Virginia highways. Virginia State Police will be increasing patrol this Memorial Day weekend as part of their participation in Operation C.A.R.E. (Combined Accident Reduction Effort). The operation is a state-sponsored, national program designed to reduce accidents caused by speeding, DUI, and failure to use seat belts.

May 28, 2010 - The enforcement will be most heavily in effect from Friday, May 28^th until midnight, Monday, May 31^st, 2010. Expect to see more police presence, speed traps, DUI checkpoints and other traffic safety measures this Memorial Day weekend. This increased patrol also comes along the start of the enhanced Click It or Ticket program running May 24^th through June 6^th, 2010. Click It seeks to increase proper use of safety restraints by drivers and their passengers, especially children.

You should take caution when traveling on Virginia roads during the Memorial Day weekend. Many visitors come from out of state for celebrations and highway traffic will be especially heavy. At times like these, law enforcement is especially vigilant when looking for drivers under the influence, reckless drivers, and anyone not using proper safety restraints.

Virginia Reckless Speeding Lawyer Bob Battle understands the drastic and unfair consequences that a conviction could have on both Virginia licensed motorists and out-of-state motorists caught in one of Virginia's "Yankee speed traps" as they drive through Virginia on their holiday weekend.

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Who oversees VASAP?

Wed, 26 May 2010 08:00:00 EST

The Virginia Alcohol and Substance Abuse Program, better known as VASAP, is tasked with administering the state's DUI offender programs. But who oversees VASAP?

History of the Commission

VASAP began in Fairfax County, Virginia in 1972. Three years later, the Virginia General Assembly voted to expand the program statewide.

In 1986, Virginia lawmakers established a commission charged with carrying out the initiatives of VASAP. This body supervises all of the local VASAP offices to make sure their activities adhere to the entity's procedures and policies.

The VASAP Commission also evaluates and certifies new and current offender programs in an effort to maintain the standards that are necessary to ensure the success of the statewide program. In addition, the VASAP Commission has also been empowered to allocate agency funds to programs that are suffering from budget deficits.

Makeup of the Commission

The VASAP commission is made up of 15 members. These individuals are judges, law enforcement officials, state legislators, and experts on substance abuse. The commission is divided into legislative representatives, judicial delegates, and at-large members.

The current chairman of the VASAP Commission is Senator Henry L. Marsh III. He is a member of the Virginia Senate and represents District 16, which encompasses portions of 3 cities and parts of 3 counties.

The VASAP Commission is assisted by an advisory board which is made up of 12 other individuals with similar backgrounds. The day-to-day operations of VASAP are carried out by an executive director, Debra D. Gardner, and 6 staff members.

Retaining a Virginia DUI Attorney

No state is faster at moving cases through the system than Virginia. In the face of defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Questions about the Effectiveness of Certain VASAP Programs

Wed, 26 May 2010 08:00:00 EST

The Virginia Alcohol and Substance Abuse Program, or VASAP, is charged with overseeing programs that are designed to reduce drunk driving. DUI offenders across Virginia must participate in one or more of these programs. But are all of these VASAP programs effective?

Ignition Interlock Devices

One of the most frequently used VASAP programs involves the installation of ignition interlock devices (IID) in the vehicles of DUI offenders. Drivers are supposed to breathe into this device, which determines blood alcohol content. If the driver "fails" the breath test, the IID prevents the vehicle from starting.

But a California Department of Motor Vehicles study in 2004 casts doubt on whether IID programs really accomplish their goals. The study showed that these devices did prevent DUI recidivism. However, it also revealed that many DUI offenders who were instructed to install IIDs in their vehicles never actually did so.

And researchers discovered something curious: the people who were supposed to install ignition interlock devices on their cars but did not had a lower incidence of traffic accidents. This finding was attributed to the notion that these individuals drove more cautiously and logged fewer miles because they didn't want to be arrested again.

Virginia IID Program Flaws

The implementation of IIDs in Virginia also has its flaws. For one thing, VASAP does not operate in every county, and many of its offices that do exist do not offer ignition interlock devices. This results in higher costs and added inconvenience for many Virginia DUI offenders who are ordered to install these devices in their vehicles.

If you have concerns about ignition interlock devices or your obligations in VASAP, you should contact your Virginia DUI attorney for assistance.

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Miranda Rights Failure Leads to DUI Dismissal

Wed, 26 May 2010 08:00:00 EST

In a recent DUI case in Arizona, charges were dropped due to the improper reading of the DUI defendant's Miranda Rights. The case, State vs. Gaona, arose when the defendant was arrested in Phoenix for a DUI. After being stopped for a license plate violation and then submitting to a field sobriety test, as well as an eye test which the arresting officer was not certified to perform, Gaona was arrested without being told that he had the right to an attorney. The failure to adhere to this standard procedure is a clear violation of rights.

Miranda Rights, which are based on the Fifth Amendment to the U.S. Constitution, are meant to protect individuals from making self-incriminating statements. By exercising the right to remain silent, or the right to an attorney, an individual can avoid providing evidence against themselves.

Under federal law, it is required that these rights be read to anyone who is arrested for a criminal offense. Without notifying an individual of these rights, any statements or confessions made in the case will have to be dismissed from trial. This is why in the case of State vs. Gaona, attorneys were able to convince a judge to dismiss the DUI charge.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Some Ignition Interlock System Devices Now Have Cameras

Mon, 24 May 2010 08:00:00 EST

In the past, some people have circumvented ignition interlock systems by getting a person who has not consumed any alcohol to blow into the device for them. But now, ignition interlock systems are finding ways to combat these illegal actions. Many of these devices are becoming more technologically-advanced, to the point where they are even incorporating digital cameras.

Digital Cameras on Ignition Interlock Devices

The most advanced ignition interlock devices now come with digital cameras attached to them. These one cubic inch cameras are mounted on the inside of the windshield. They are designed to photograph the person who is blowing into the ignition interlock device.

The cameras are able to time and date stamp each photo they take, each of which can be matched to the data-recording software already present in the ignition interlock devices. So if a DUI offender tries to start their vehicle by using someone else to blow into the device, the camera will catch them in the act.

The best way to avoid this situation entirely is by fighting your Virginia DUI charges with the help of a Virginia DUI defense lawyer.

Consulting a Virginia DUI Lawyer

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

The Future of Ignition Interlock Systems

Mon, 24 May 2010 08:00:00 EST

Virginia, like many other states, is constantly trying to crack down on those individuals who drive under the influence of alcohol. As a result, lawmakers across the nation are employing cutting edge technology in an effort to combat DUI.

Current Ignition Interlock Systems

In the 1970s, ignition interlock systems (IID) were invented to keep DUI offenders from repeating their crime. An ignition interlock system attaches to your vehicle and requires you to blow into a device which measures the amount of alcohol on your breath. If the recorded alcohol content is above a predetermined level, the driver will be unable to start the vehicle.

Future Ignition Interlock Systems

But the ignition interlock systems of the future will likely be even more technologically advanced than they are today. Entrepreneur John Ruocco decided to survey law enforcement agencies about what improvements they wanted to see in these devices. Ruocco then created Interceptor Ignition Interlocks, Inc., a product which addresses those concerns.

Interceptor devices are equipped with new features, such as:

A digital camera which takes a picture of the driver at the time of the test - to prevent the driver from getting another person to blow into the device for them.
A notification system which calls 911 anytime a driver "fails" the device's breath test.
A GPS locator which sends information over AT&T's wireless network to a court website - allowing a probation officer to monitor a DUI offender's movements in real time.

Currently, Interceptors are certified in 7 states, though not yet in Virginia. But Ruocco's company is poised to expand which may bring these advances devices to Virginia in the future.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Are My Property Rights in a Virginia DUI?

Thu, 20 May 2010 08:00:00 EST

The purpose of the U.S. Constitution is to protect every citizen's rights. These rights include the right to remain silent, the right to an attorney, and the right to freedom from intrusion. This freedom from intrusion is specifically protected by the Fourth Amendment to the U.S. Constitution.

Under the Fourth Amendment, police cannot search places to which you have a "legitimate expectation of privacy." This pertains to your self, your belongings, your clothes, your home, your business, and even your vehicle.

Therefore, if you are stopped under the suspicion of a Virginia DUI, the police may not legally search your vehicle without having probable cause. They may only search your vehicle if they have probable cause, or if you give them your consent. Some reasons for probable cause include:

Reckless driving;
Severely intoxicated behavior;
Evidence that is in plain view; and
Information or tips from a witness.

Without probable cause or your consent, any search and seizure of your personal property is a violation of the Fourth Amendment. And any evidence that was illegally obtained will be inadmissible in your case. This includes any confessions or testimony that was given after your arrest. To find out more about your property rights in your Virginia DUI case, you should contact a professional Virginia DUI attorney.

If you have recently been charged with a Virginia DUI, learn more about your rights concerning the search and seizure of your property during a Virginia DUI by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What if There Was an Illegal Search and Seizure During my Virginia DUI Arrest?

Thu, 20 May 2010 08:00:00 EST

If there was an illegal search and seizure during your Virginia DUI arrest, then any evidence that was obtained in that procedure may be dismissed in court. In fact, a search and seizure of your vehicle may be illegal when:

An officer has no probable cause to search your personal property;
An officer searches your vehicle without having your consent; or
An officer searches your vehicle following a minor traffic infraction.

If you find that any of these procedures are familiar to your case, then you may want to have your case reviewed by a Virginia DUI attorney.

Without probable cause it is also illegal for an officer to search your:

Clothes
Purse
Any sealed containers
The glove box or trunk of your car

If any of these circumstances pertain to your case, then there may have been an illegal search and seizure. This means that the evidence obtained in that search and seizure may be deemed inadmissible in court. This includes any confessions you may have made, or statements that you gave.

These basic rights are provided by the Fourth Amendment to the U.S. Constitution. This gives individuals a freedom from intrusion by the government and police.

If you have recently been charged with a Virginia DUI, learn more about your rights concerning the search and seizure of your property during a Virginia DUI by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Officer Arrested for Virginia DUI

Thu, 20 May 2010 08:00:00 EST

Earlier this year an off-duty Virginia police officer from Chilhowie was charged with a Virginia DUI after he allegedly caused a head-on collision with an oncoming truck. Sgt. David Conley Cullop's vehicle was reported as having swerved into the wrong lane while crossing over a bridge. While no injuries were reported in the crash, both vehicles were heavily damaged. Cullop refused a breath test, and so he was charged with refusal as well as the Virginia DUI. He did, however, fail the administered field sobriety tests.

Cullop later resigned from the police department.

Guilty as Charged

In May 2010, David Conley Cullop, was found guilty of a Virginia DUI in Smyth County General District Court. He was fined $1,500, with $1,250 of that fine suspended. The remaining $250 fine is the minimum fine required by the Virginia State Code, according to the county attorney who prosecuted the case. The charges of refusal of tests and reckless driving were both dropped.

As a result of the Virginia DUI, Cullop's driver's license has been suspended for 1 year. He will still be allowed to drive to his new job at the Department of Corrections, when taking his children to and from school, as well as to the doctor and daycare. Cullop will also have to attend state-required alcohol education classes.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Knowing Your Miranda Rights in a Virginia DUI

Wed, 19 May 2010 08:00:00 EST

Under the U.S. Constitution, an individual has the right to not make any self-incriminating statements. In layman's terms, this is also known as "the right to remain silent." After the famous case of Miranda vs. Arizona in 1966, it was decided that anyone who is taken into police custody must be informed of these basic rights. An arresting officer must tell you:

You have the right to remain silent;
You have the right to an attorney; and
If you cannot afford an attorney, one will be appointed for you.

In addition, an officer must also tell you that "anything you say can and will be used against you in a court of law." Therefore, it may be in your best interest to remain silent by claiming your Miranda Rights.

If an arresting officer fails to read you these mandatory rights, then any subsequent interrogation is in breach of U.S. law. This means that any confession or statements that you make will be inadmissible to your case. Any evidence that was obtained as a result of your confession will also be inadmissible. To know more about how your Miranda Rights might affect your Virginia DUI, you can contact a Virginia DUI attorney for professional advice.

If you have recently been charged with a Virginia DUI, visit our article library to learn how your Miranda Rights might affect your case.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How to Assert Your Miranda Rights in a Virginia DUI

Wed, 19 May 2010 08:00:00 EST

It is easy to assert your Miranda Rights after a Virginia DUI arrest. Simply keep quiet, or exercise your right to consult with an attorney. This will prevent you from making any incriminating statements, as anything that you say or do can be used against you in a court of law.

If you choose to remain silent, you can simply tell the arresting officer that you have nothing more to say. This will prevent the officer from any further interrogation. This is because under U.S. law, an officer cannot question you once you've claimed your Miranda Rights. If, however, an officer does question you after you've asserted these rights, then any statement that you make will be inadmissible in court. This evidence will be dismissed by a judge at your Virginia DUI trial.

If you should choose to consult with an attorney, then the attorney should advise you in a similar fashion. When you have been arrested for a Virginia DUI, it is always best to say as little as you can. The police can use your words to build a stronger case against you, but you are under no obligation to tell them what they want to know. Save your statements for your attorney, who will then have a much better chance of beating your Virginia DUI charge.

If you have recently been charged with a Virginia DUI, visit our article library to learn how your Miranda Rights might affect your case.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

BAC Testing After a Virginia DUI arrest

Fri, 14 May 2010 08:00:00 EST

The police have no surefire way of knowing whether or not someone is committing a Virginia DUI. As such, they do the next best thing and look for signs of drunkenness, like erratic steering or slow speeds.

Unfortunately, it's easy for sober people to make these driving mistakes as well, meaning that you can get pulled over on suspicion for DUI in Virginia, even when you haven't been drinking.

You probably know about the various field sobriety tests that an officer might ask you to undertake. You are not legally required to undergo these roadside tests. However, the officer may have decided they have enough probable cause to arrest you anyway and take you back to the station to take blood and/or breath tests that measure blood alcohol level.

These BAC tests cannot be refused. If you do not comply with the officer, you will be facing criminal charges separate from your DUI charge. The penalties include fines, license suspension and even jail time. Because these are separate offenses, you will be punished for your refusal even if you are found to be innocent in your Virginia DUI charge.

Our article library has even more information about BAC tests in Virginia DUI cases.

Though the BAC tests may seem unpleasant, it is in your best interest to cooperate with the officer. Remember, these tests are not immune from error, and a Virginia DUI defense lawyer may still be able to win your case.

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Problems with the Breath and Blood Tests in Virginia DUI Cases

Fri, 14 May 2010 08:00:00 EST

If you've been arrested for a Virginia DUI, you will be taken back to the police station and asked to submit to a blood or breath test. Unfortunately, you don't really have any choice in this matter, since you are legally obliged to comply due to Virginia's implied consent law.

Courts often rely on the blood and breath tests given at stations as proof of a Virginia DUI. However, even these tests can produce erroneous results. For instance, if you have heartburn or dental issues, the breath test machine may misread those as signs of alcohol consumption.

Blood tests are generally more reliable, but the technicians handling them can still make mistakes. Most notably, if the technicians mix the blood samples incorrectly, the blood may actually ferment, creating a false positive.

Because only one blood sample is drawn, the prosecution has no backup in the event of an error. A contaminated or altered sample may be very damaging to the prosecution, but may be very helpful for your DUI defense.

You can find more about BAC tests and Virginia DUI cases by visiting our article library.

An experienced Virginia DUI defense lawyer should know all about the potential errors that can crop up in these supposedly reliable tests, and can cast doubt on the results. Don't panic when you see the complicated-looking test machines at the station. Just take the tests, and then call your lawyer at the first opportunity.

No state is faster at moving cases through the system than Virginia. In the face of defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Refusing Field Sobriety Tests can Strengthen your Virginia DUI Defense

Wed, 12 May 2010 08:00:00 EST

It might surprise you to learn that the field sobriety tests given to Virginia DUI suspects are actually far from reliable. These tests are not scientifically designed and are often flawed. Studies show that sober people can still fail these tests. Not only that, but the police officer administering the test may make mistakes that could result in a DUI arrest.

One thing you should know is that you are not legally required to take field sobriety tests in Virginia. While a police officer will probably not mention that you have the option to decline, refusal is within your legal rights.

It is unlikely that consenting to field sobriety tests will help your Virginia DUI defense. Always bear in mind that, in all likelihood, the officer has decided you were guilty the moment he or she pulled you over. Whatever you do during these tests may be viewed in the worst possible light, making you appear drunk even if you were sober.

However, you should not confuse these tests with the blood and breath tests, which are mandatory. You can suffer legal penalties for refusing to take blood or breath tests at the police station, so be sure to comply with the officer if he or she requests these. Otherwise you'll have more than just a Virginia DUI defense to worry about.

You can learn more about field sobriety tests at our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Field Sobriety Test Errors Convict the Innocent

Wed, 12 May 2010 08:00:00 EST

If you have the misfortune of being pulled over on suspicion of committing a Virginia DUI, the officer will probably ask you to take field sobriety tests. Most people don't know that they can legally refuse to take these tests in Virginia. In fact, it's generally a good idea to refuse them.

Field sobriety tests take a number of different forms. Unfortunately, they can all suffer from inaccuracy or misrepresentation. Commonly used field sobriety tests include:

The walk and turn test
The one leg stand test
The horizontal gaze nystagmus test

Government studies show that sober people can often "fail" these tests in the eyes of the police.

For instance, factors like the terrain or the kinds of shoes you are wearing can affect field sobriety tests that rely on balance. Can you imagine how hard it would be to do a walk and turn test late at night on uneven pavement while wearing high heels? Unfortunately, officers do not usually take these situations into account.

Other tests, like the horizontal gaze nystagmus test (in which you follow a moving pen with your eyes, and the officer studies your eye movement for signs of inebriation), are often performed incorrectly.

Ultimately, there are a lot of reasons to doubt the validity of field sobriety tests. If you've been charged with a Virginia DUI on the basis of these tests, your Virginia DUI defense lawyer can and should question these "test" results as part of your DUI defense.

There is more information about field sobriety tests at our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Smelling Alcohol is Not a Reason for a DUI Conviction

Wed, 05 May 2010 08:00:00 EST

If you have been arrested for a Virginia DUI, then you probably faced some serious questioning by the officer who made the arrest. He may have looked into your eyes, smelled your breath, and had you perform some roadside tests. Any observations that the officer made will be part of his testimony in court, but your lawyer can use these observations as a means of legal defense.

One argument that can be made is that alcohol has no odor, and so it would not be possible for the officer to have smelled alcohol on your breath. As a matter of fact, what people mistake for the smell of alcohol are actually the other ingredients in an alcoholic beverage. An alcoholic beer, for example, will have exactly the same odor as a non-alcoholic beer.

So if the odor of alcohol was the probable cause for your DUI arrest, then your DUI defense lawyer may be able to prove your arrest was invalid. Without probable cause for your arrest, your attorney can file a motion suppressing any evidence the police gathered against you after that arrest took place.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details how to question a police officer's observations during your DUI trial.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Having Bloodshot Eyes is Not a Reason For a DUI Conviction

Wed, 05 May 2010 08:00:00 EST

Oftentimes, an arresting officer will cite "bloodshot eyes" as probable cause in a Virginia DUI case, as if to say that having bloodshot (or glassy) eyes is sufficient evidence of guilt. But this is not a valid way of proving a Virginia DUI.

The officer does not know what your eyes normally look like, nor do they know how much sleep you had the night before. Nor does the officer know of any medical conditions-allergies, for instance-or circumstances that might have caused your eyes to be bloodshot. In fact, any number of circumstances may have caused redness, glassiness, or an "intoxicated" appearance, and bloodshot eyes are not enough evidence to justify a DUI arrest.

In such a case, a Virginia DUI defense attorney may question the officer's observations as part of a legal defense. If there were photographs taken after the arrest, then these can be used as evidence to question the so-called bloodshot appearance. By questioning whether the police officer's observations were valid reasons for your DUI arrest, your Virginia DUI attorney may convince the judge the very reason you were arrested was invalid and any evidence collected after your arrest must be dismissed.

This type of argument can help you beat your Virginia DUI charges. Only by consulting with a Virginia DUI defense attorney will you get a comprehensive look at what defenses may help in your specific circumstances.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on how to challenge a police officer's observations during your DUI trial.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Exercising Your Right to Counsel in a Virginia DUI

Wed, 05 May 2010 08:00:00 EST

If you are wondering whether to exercise your right to counsel for your Virginia DUI, the simple answer is YES.

Under the sixth amendment to the U.S. Constitution, you have the right to an attorney, and without an attorney you may receive the harshest penalties allowed. This can mean a hefty fine, a license suspension, and some serious jail time.

The purpose of securing representation by a Virginia DUI defense attorney is to have an expert on your side. A good attorney should have a firm grasp of Virginia's DUI laws and a commitment to defending your rights. They will know what circumstances in your case may lead to a dismissal, and the strongest arguments that can be made to build your DUI defense.

But without an expert Virginia DUI attorney, you will face the system alone. You'll have no one to offer you a deeper understanding of the legal proceedings, and what options you may have. An experienced DUI defense attorney, on the other hand, will guide you through the process, telling you what to expect at each level of your case. They may also be able to negotiate a plea deal that will minimize your penalties.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library to learn more about hiring a Virginia DUI defense lawyer to work on your case.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Arguments That Can Help You Beat Your Virginia DUI Charges

Mon, 03 May 2010 08:00:00 EST

There are several aspects of your Virginia DUI arrest that may have violated your rights. If your rights were violated, a judge may decide to dismiss your Virginia DUI charges altogether. However, you can't get your DUI charges dismissed if you don't raise the argument. This is where a Virginia DUI defense attorney can help.

Arguing Against An Officer's Observations

An officer must have probable cause for making an arrest. This may be a criminal offense, a traffic violation, or just an observation that was made. But who is to say that an officer's observation was a reason for probable cause?

If your Virginia DUI defense attorney can prove that there was no probable cause for making your arrest, then you have a good chance of getting your DUI case dismissed.

Arguing Against Field Sobriety Tests

Hundreds of lawyers have argued against field sobriety tests. These tests are unfair, inaccurate, they don't always determine sobriety, and they can put you under stress. In stressful situations it is easy to lose your poise or coordination.

If an attorney can successfully argue that the administered tests were inaccurate or unfairly conducted, then the judge may dismiss your charge based on a lack of probable cause.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on how you can get your Virginia DUI charges dismissed.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

DUI Defense Arguments that Could Help You Beat Your DUI Charges

Mon, 03 May 2010 08:00:00 EST

If you have recently been charged with a Virginia DUI, there are a number of ways that an expert Virginia DUI defense attorney can potentially argue the charges against you.

Invalid Stop

An officer must have reasonable suspicion to stop you while driving your vehicle. But many arguments for reasonable suspicion are riddled with legal loopholes. If your DUI attorney can prove that that an officer did not have reasonable suspicion to stop your vehicle, then evidence may be excluded that could have been used to convict you at trial. This could result in a complete dismissal of your DUI charges.

Invalid Arrest

To make an arrest an officer must first have proof of probable cause. Without such proof, an officer has no right to make an arrest. If your DUI attorney successfully convinces a judge that your arrest was invalid, any evidence the police obtained after your arrest cannot be used against you.

This means that any breath tests, blood tests, or testimonies obtained after your DUI arrest cannot be used to determine probable cause, which may result in a dismissal of your DUI charges.

Blood and breath tests

There are various discrepancies with blood and breath tests that an attorney can argue during your DUI trial. For instance, problems with breathalyzers have often been used to defeat a DUI charge. These machines can break, malfunction, be poorly calibrated, or give an improper reading. The same thing goes for any machine that is used to test blood alcohol content.

With a strong enough argument, and a solid knowledge of Virginia DUI laws, an experienced Virginia DUI defense attorney may be able to reduce or eliminate your DUI charges.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on how you can get your Virginia DUI charges dismissed.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Virginia DUI Laws Differ from Those in Other States

Mon, 03 May 2010 08:00:00 EST

Generally speaking, traffic laws pertaining to driving under the influence are similar, but there are some important differences between Virginia DUI laws and those in other states you need to be aware of if driving in the state of Virginia.

DUI = DWI

Many states have laws on the books that differentiate between "driving under the influence" and "driving while intoxicated." But in Virginia, DUI and DWI are classified (and prosecuted) in the exact same manner.

Blood Alcohol Content = BAC While Driving

All states use blood alcohol content (BAC) as the measurement to determine if a suspect should be charged with DUI. However, whereas many states use the BAC level at the time a breath or blood test was taken, Virginia law uses the BAC while driving as the legal yardstick. This means defendants can present evidence to argue that their BAC while driving was lower than when the test was administered.

Trial de Novo

Many states have one trial court where DUI and other cases are tried before juries. But in Virginia, DUI cases are heard in General District Court, where there are no jury trials. So if a DUI defendant invokes their constitutional right to a trial by jury, the case is remanded to the state's Circuit Court in what is known as a "trial de novo" - and the original verdict is removed from the defendant's record.

Trial Courts Determine Penalties, License Issues

In some states, a court establishes the guilt or innocence of a DUI defendant and decides on accompanying penalties or fines; but the status of the defendant's driver's license is handled in another venue. In Virginia, the same judge or jury determines a verdict, fines, incarceration time, and the suspension or revocation of driver's licenses.

No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

How Probable Cause Might Help You Beat Your Virginia DUI Charge

Fri, 30 Apr 2010 08:00:00 EST

In order to make a legal arrest for a Virginia DUI, an officer must have "probable cause" for making the arrest. This means that there must have been some kind of proof of a Virginia DUI. While probable cause is not as strict as "proof beyond a reasonable doubt," it can be difficult for an officer to convincingly prove they had probable cause. A good Virginia DUI defense attorney may be able to prove that an officer did not have probable cause for your arrest, which in turn can get your DUI charges dismissed.

When an attorney submits a motion to suppress based on lack of probable cause, the judge can only look at the evidence leading up to your arrest-not any test results or testimony that occurred afterwards.

This can be a significant advantage in your DUI defense. Without proof of probable cause, your DUI arrest can be declared invalid, and a judge will have no other choice than to dismiss your Virginia DUI charge.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for more information on invalid arrests as a DUI defense.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

DUI Charges Dropped Against Former NHL Player

Fri, 30 Apr 2010 08:00:00 EST

Chris Chelios, a former professional hockey player for the Chicago Blackhawks, had his DUI charges dismissed in February of 2010 related to an arrest made last December in Illinois.

In the case, the arresting officers had submitted evidence of a patrol car security video in which Chelios admitted to having "a couple" of drinks before driving his vehicle. After viewing the video, however, DuPage County Judge Cary Pierce determined that the arresting officers made the DUI arrest without having probable cause. In lieu of the judgment, the prosecuting attorneys decided not to go ahead with a trial, and the DUI charges against Chelios were dropped.

Instead of a DUI, the former hockey star pleaded guilty to speeding and improper lane usage. He was fined $500 and sentenced to 6 months of non-reporting probation. Chelios, who is 48, was glad to have the DUI charges dropped.

You Can Also Beat Your DUI Charge

Cases like this are not uncommon. Each year, DUI charges are dropped based on proof of invalid arrests. Without probable cause, a DUI arrest has no legal standing, and a judge will have no other choice than to dismiss the case. To know whether your Virginia DUI charges are beatable, you should contact a Virginia DUI attorney.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on invalid arrests as a DUI defense.

Virginia DUI lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Three Ways to Fight Your Virginia DUI Charge

Tue, 27 Apr 2010 08:00:00 EST

Despite what you may think, there are a number of ways for you to fight and beat your Virginia DUI charge. Choosing a qualified Virginia DUI attorney however will be the key to your defense. An experienced Virginia DUI defense attorney should know the ins-and-outs of Virginia DUI law, as well as the dozens of invalid arrest defenses that may be used depending on the circumstances of your case.

3 Common Examples of Invalid Stop Defenses

Virginia DUI Defense #1: Weaving within the Lane

If you were initially stopped by the arresting officer for "weaving within the lane," your Virginia DUI defense attorney can argue that the stop was based on subjective grounds at best. What amount of weaving and over what distance are grounds for a traffic stop? The law does not specify this, and therefore, this may not have been reasonable cause for your traffic stop.

Virginia DUI Defense #2: Changing lanes without a signal

In Virginia, a driver is only required to signal if there are other vehicles around. If you were stopped at night on an empty road for your failure to use your signal, then a judge may find it necessary to dismiss your DUI case.

Virginia DUI Defense #3: Anonymous tip from a citizen

In order for an anonymous tip from a citizen to be deemed reasonable suspicion, an officer must first learn:

who the caller is;
how they obtained their knowledge; and
what exactly lead them to believe to you were driving while intoxicated.

If these 3 questions were not answered, then the anonymous tip may not have been legally obtained.

Learn more about invalid traffic stops and how they may affect your Virginia DUI case by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

A Lack of "Reasonable Suspicion" May Get Your DUI Charge Dismissed

Tue, 27 Apr 2010 08:00:00 EST

There are dozens of arguments that a qualified Virginia DUI defense attorney can use to fight your DUI charge. One of them is to prove that your arresting officer made an invalid traffic stop based on the lack of "reasonable suspicion."

According to a ruling by the U.S. Supreme Court, it is a violation of a citizen's rights to be stopped without "reasonable suspicion." Therefore, if your vehicle was stopped by an arresting officer who did not have reasonable suspicion, by law, a judge will have to dismiss the Virginia DUI charge.

Some arguments that your Virginia DUI defense attorney can use for an invalid traffic stop include:

A lack of proof that you were weaving within the lane
Insufficient cause to stop you for changing lanes without using a signal
Insufficient information when stopping you based on an anonymous tip from a citizen

An attorney who is familiar with Virginia DUI laws should know the bases for all of these arguments. With a good lawyer, sufficient evidence, and a valid DUI defense, your charges can be reduced or dismissed altogether.

Learn more about invalid traffic stops and how they may affect your Virginia DUI case by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

The Most Important Question to Ask a Potential DUI Attorney

Fri, 23 Apr 2010 08:00:00 EST

If you plan on fighting your Virginia DUI then you will need the help of an expert Virginia DUI defense attorney. You'll want a lawyer who is familiar with Virginia DUI cases, and has plenty of relevant experience handling cases similar to your own.

When interviewing potential DUI defense attorneys, you'll want to ask them a number of important questions, such as:

What are the potential legal costs?
What challenges do you see in my case?
How many years of experience do you have representing Virginia DUI cases?

But the most important question you should ask is - Who in your office will actually be handling my Virginia DUI case?

The reason this is so important is because oftentimes, a firm will mislead you about their handling of your case. Rather than having their most qualified attorney build your DUI defense, your case may be passed on to a younger attorney with little professional experience. Therefore, when conducting your initial interview, you should always insist that the firm's best attorney is the one who will take your case.

If someone suggests that the firm will use a "Team Approach" to fight your Virginia DUI charges, then this is not the firm you should choose. The Team Approach means that the most qualified attorneys may not be involved with your case.

Visit my library for a complete list of important questions you should ask your potential DUI attorney.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

3 Questions that You Should Ask a Potential DUI Attorney

Fri, 23 Apr 2010 08:00:00 EST

Successfully fighting a Virginia DUI charge starts by hiring the right Virginia DUI defense lawyer. To help make sure your potential DUI attorney is a good match for your case, you should interview them during your initial consultation. Below are 3 important questions to ask a potential Virginia DUI defense lawyer before retaining their services.

#1 - How much experience do you have representing Virginia DUI cases?

Obviously, you will want an attorney who has professional experience successfully fighting Virginia DUI charges similar to yours. You'll not only want an attorney who has practiced DUI defense law for several years, but one who has argued Virginia DUI cases in a formal jury trial. You should ask your potential DUI lawyer how many cases they have successfully defended in court featuring circumstances similar to your own.

#2 - Who in your firm will be representing me?

It's important to make sure that your case will be handled by a qualified Virginia DUI defense lawyer and not someone straight out of law school. While at first you may be speaking to the best attorney in the firm, this may not actually be the person who handles your DUI case. If a firm promises a "Team Approach" to your defense, then you may get stuck with someone who has little professional experience.

#3 - What challenges do you see in my Virginia DUI case?

You should ask an attorney what challenges they see in your Virginia DUI case, and how these challenges may affect the outcome. While the outcome of a case is never guaranteed, an attorney should tell you the potential for success, and what they'll do to build your DUI defense.

Visit my library for a complete list of important questions you should ask your potential DUI attorney.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Penalties for a Virginia DUI with Children in the Car

Wed, 21 Apr 2010 08:00:00 EST

A Virginia DUI is a serious crime which you don't want to be convicted of. Penalties include license suspensions, hefty fines, and the possibility of time in jail. And these penalties will be even more severe if you are driving with children in your vehicle.

If you are convicted of any Virginia DUI charge while children (aged 17 or younger) are in your vehicle, you will face a mandatory 5 day jail sentence in addition to all other penalties and fines. The other penalties and fines will depend on your blood alcohol content (BAC) level at the time of the incident, and whether you've had any prior DUI convictions.

If you are driving with children you may also be hit with an additional fine of between $500 and $1000. A second offense of DUI with children will carry a penalty of 80 hours of community service, in addition to all other penalties and fines.

If you have been falsely charged with a Virginia DUI then you need to fight your charges! An attorney who is familiar with Virginia DUI laws can educate you on your rights and how they may be able to help get your Virginia DUI charges reduced or dismissed.

Learn more about Virginia DUIs involving children by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the police and prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

A Virginia DUI is Ugly Enough Without Having Kids in the Car

Wed, 21 Apr 2010 08:00:00 EST

The penalties for a Virginia DUI are pretty tough to begin with. Upon conviction, you will likely face license suspensions, hefty fines, and even time in jail. The severity of your penalties will be determined by your blood alcohol content (BAC) level at the time you were driving, and whether or not you were already convicted of a previous DUI charge.

Fines for a Virginia DUI range between $250 and $2,500, and for your first offense you may face up to a 12-month-sentence in jail (though this is unlikely for a first offense). If you are deemed a repeat offender (after your fourth DUI conviction) you will face a minimum 1 year jail sentence.

To discourage people from DUI while transporting children (aged 17 or younger), Virginia has issued a mandatory jail sentence for those convicted of doing so. If you are convicted of a Virginia DUI while transporting children, you will face a mandatory 5-day jail sentence in addition to all other penalties and fines. If you are convicted of this for a second time, you face an additional 80 hours of community service.

These are serious charges and should be taken seriously. Hiring an experienced Virginia DUI defense attorney to work on your side may be the only way to adequately fight these charges in court!

Learn more about Virginia DUIs involving children by visiting our article library.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

You Don't Have To Agree To Much When Suspected of DUI

Wed, 21 Apr 2010 08:00:00 EST

If you have been stopped by a Virginia police officer who suspects you of driving under the influence, you're only being examined because the officer has a "reasonable suspicion" that you've been drinking. As with any traffic stop, the officer only has the right to request:

your drivers' license,
vehicle registration, and
for you to exit the vehicle.

You do not have to submit to a search of your car, a field sobriety test, a breathalyzer analysis, or answer any questions.

The best answer to all requests and questions asked of you during the DUI stop is "I would like to have my attorney present." It is your legal right, as mentioned in the standard Miranda advisory, that you are allowed to have an attorney present before answering any questions or submitting to any type of examination.

The less you say during the Virginia DUI traffic stop, the better. If you refuse to answer the officer's questions without legal counsel, you improve your chances of escaping further incrimination.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the police officer's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How DUI Affects Virginia Driver's License Demerit Points

Wed, 14 Apr 2010 08:00:00 EST

Most state Department of Motor Vehicles employ a demerit point system to assess penalties upon drivers who violate the state's traffic laws. Demerit points do add up with multiple violations and, depending on the nature of the violation, can stay on your record for several years.

In Virginia, violations are categorized into 3 levels of point value: 3-point, 4-point, and 6-point violations. These points appear on your traffic record until removed by your own actions or the allotted time expires.

All types of Virginia DUI violations are 6-point violations that remain on your record for 11 years. Accumulating 3 of these convictions, or any combination of a Virginia DUI and other major convictions, may lead to you being declared a habitual offender - a status that carries harsh penalties.

You may remove your Virginia demerit points from your license in one of two ways:

taking a driver improvement clinic OR
accumulating Safe Driving Points

The driver improvement class is a DMV-certified course designed to refresh your memory on the rules of the road. Many of these courses can be completed online (unless you are younger than 20 years old, then you must take the course in a classroom setting) but the final exam must be taken at a centralized test site.

Upon passing a driver improvement class, you may be eligible for up to 5 Safe Driving Points, although some courts may not accept the online course, so it's important to check first. Safe Driving Points are also accumulated 1 per calendar year you hold a valid Virginia driver's license without any violations or suspensions.

Your Virginia DUI defense attorney can help advise you on how to keep your records in top shape, contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

The Life of a DUI Habitual Offender in Virginia

Wed, 14 Apr 2010 08:00:00 EST

A Virginia general district or circuit court, as well as the Department of Motor Vehicles (DMV), can declare a person a "habitual offender" when they have been found guilty of 3 major violations or 12 minor violations in a 10-year period. Major convictions include Virginia DUI charges and the following:

driving on a suspended or revoked license;
voluntary/involuntary/aggravated involuntary manslaughter;
providing false information to the DMV;
using a vehicle in the commission of a felony;
any motor vehicle violation that is considered a felony; and
hit and run resulting in injury, death or property damage exceeding $1,000.

Minor violations in Virginia include:

refusal to take a blood/breath test;
fraudulent use of a driver's license;
fraudulent application for license;
operating or permitting operation of an uninsured vehicle;
racing;
assault, willful stop, impede and/or damage to a vehicle;
attempting to elude police (misdemeanor);
reckless driving; and
any motor vehicle violation that requires the court or DMV to suspend driving privileges.

If you are found driving after being declared a habitual offender you can be sentenced to up to 1 year in a state correctional facility and fined up to $2,500, depending on if the violation endangered another person or property. Multiple violations while the habitual offender status is active will result in additional imprisonment and fines.

You must petition the court to have your driving privileges restored and in the case of a Virginia DUI violation having led to your status, a waiting period of 3 years is mandatory for reinstatement. A Virginia DUI defense attorney can help you with petitioning the court to restore your driving privileges, contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Virginia DUI Charges When Minors Are Present

Wed, 14 Apr 2010 08:00:00 EST

The state of Virginia adds additional penalties to drivers who are convicted of DUI while there are juveniles aged 17 years or younger present within the vehicle. The extra penalties include 5 additional days of jail time in addition to all other fines and jail sentences. There is also the possibility of an additional fine between $500 and $1,000.

A second DUI offense in Virginia involving a juvenile passenger will result in an additional 80-hour community service requirement, in addition to all other fines and jail sentences.

The state of Virginia imposes extra penalties on DUI offenders who choose to drive with children present in their vehicle. These are serious charges and it is important to consult with an experienced Virginia DUI defense attorney before pleading guilty.

If you've already been charged with a DUI in Virginia, order our FREE consumer guide: How to Choose a DUI Lawyer in Virginia or contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Virginia's Dram Shop Law

Tue, 13 Apr 2010 08:00:00 EST

Virginia is one of the few states that does not follow Dram Shop Laws that allow for dram shop liability. Dram Shop liability is a provision that allows injured parties to sue the establishment that sold the liquor to the accused for injuries or damages incurred in any related DUI accidents.

In states that practice Dram Shop liability, both sides of a DUI case could use this in their defense. The defendant could argue the bar or restaurant failed to cut them off when they noticed they were too drunk to drive, or they could have removed their driving privileges and called a taxi. The prosecution may choose to bring an additional lawsuit against the bar for these failures as well if someone was injured in a DUI accident.

These inclusions were negated when the current Virginia Dram Shop Law came into play. Named because liquor used to be dispensed in units of measurement called "drams," dram shop laws refer to the laws governing the liability of establishments that sell alcoholic beverages.

Virginia's dram shop laws state that the bar responsible for providing the intoxicated party with alcohol is not liable for their arrest or actions leading to their conviction.

Many inexperienced lawyers are either unaware or choose to ignore this immunity and continue to go after the establishment as a potential party to blame or include in a lawsuit. The most a lawsuit involving the liability of a bar will do is generate press for the lawyer and tie up the courts with a lawsuit that is fated to be thrown out.

If you've been charged with a DUI in Virginia, order our FREE consumer guide: How to Choose a DUI Lawyer in Virginia.

When choosing a reliable Virginia DUI defense attorney, they should know the state laws regarding important things like dram shop liability. Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Using Personal Breathalyzers to Prevent DUIs

Tue, 13 Apr 2010 08:00:00 EST

Breathalyzer technology has been around since the 1940s, and while they are not perfect, the police have since been using breathalyzers to determine your Blood Alcohol Level (BAC) at the scene of a traffic stop, or even disable your vehicle from operation with an Ignition Interlock system.

If you are worried about a potential Virginia DUI arrest, using a home breathalyzer device can help you determine if you should or should not get behind the wheel.

By keeping a personal breathalyzer you can not only make sure you are legally able to drive, but also give you a better indication of how much alcohol is in your system. You may feel fine, and even register less than a .08%, but your BAC may still cause you to decide not to take the risk. Personal breathalyzers allow you to monitor your BAC and make informed decisions in your choice to drive after consuming alcohol.

Breathalyzers come in many shapes and sizes, ranging from the palm-sized units used by police all the way down to small keychain fobs that will make you think twice about putting your key in the ignition after drinking. LG Korea has even developed a phone with a built-in breathalyzer, giving you a visual warning if your BAC is too high.

It's important to remember that breathalyzer technology can be inherently flawed. Just as a breathalyzer reading can read falsely high, a low reading is not necessarily a definitive indication of sobriety.

If you've been charged with a DUI in Virginia, order our FREE consumer guide: How to Choose a DUI Lawyer in Virginia. For more information about Virginia DUI laws, contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

DUI Myths: "Beating" a Breathalyzer Test

Sat, 10 Apr 2010 08:00:00 EST

Most failed attempts at "beating" a breathalyzer test revolve around myths like mouthwash, breath mints and garlic which do nothing to change the outcome. The use of mouthwash to fool a breathalyzer can actually be counterproductive, as many brands use as much as 27% alcohol in their composition, therefore unintentionally increasing the machine's reading of your Blood Alcohol Content (BAC).

Aside from trying to change the scent of your breath, many claim that your breathing patterns can change the results. While it is true that some breathing techniques such as hyperventilating or using shallow nasal-breathing for short periods can lower your BAC, police officers also know this.

To prevent a suspected drunk driver from using these techniques, police will often yell at suspects to breathe harder, producing a panicked state and usually preventing concentration on breathing techniques.

Other "breathalyzer tricks" include inducing vomiting, belching, and sometimes the use of chemicals such as activated charcoal tablets. All of these techniques may have some impact on the reading of the BAC, but are either difficult to perform under examination of an officer, or are known techniques that police are already keen on preventing.

For information on how your BAC factors into Virginia DUI penalties, visit our library.

Trying to "beat" a breathalyzer won't help you if you are pulled over for a Virginia DUI, but you should also know that breathalyzer tests are not foolproof. Many circumstances, from equipment malfunction to improper test administration, can skew the results. A reliable DUI defense attorney can help you prove this in court. Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Your Blood Alcohol Content: What it Means To Your DUI Case

Sat, 10 Apr 2010 08:00:00 EST

There are several factors that go into determining an accurate blood alcohol content (BAC) in a person suspected of being intoxicated by alcohol. The number and strength of the drinks an individual has consumed, along with their body weight and metabolism all add up in determining the BAC. One 12 oz. glass of beer will put a person who weighs 100 pounds almost halfway to the legal limit, while only registering a .02% BAC in a person double that weight.

The time after consumption will also drastically affect your BAC: how long has it been since the drink(s) were consumed, what did you eat (or in some cases expel) after the drinks, etc. Studies have found that purging followed by binge-eating after drinking may have an effect in lowering your BAC. However, these efforts take nearly as much time as sobering up naturally, which is, of course, the preferred method.

BAC is also not a measurement of your tolerance for alcohol. A regular drinker with a BAC of 0.1% can appear to function normally because they're used to it. On the other hand, a person of their same approximate height, weight, and age who rarely drinks may find themselves impaired beyond control with a BAC that high.

The best way to ensure your BAC is of the legal limit is to not attempt to drive after drinking at all. However, if you find yourself charged with a Virginia DUI, a reliable DUI defense attorney can help. Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

First-Time DUI Penalties in Virginia: Restricted Operator's License

Fri, 09 Apr 2010 08:00:00 EST

If your driving privilege has been revoked as a result of a first-time DUI conviction you may qualify to obtain a Restricted Operator's License so you may continue to drive to your job and participate in other necessary activities, such as attending doctor's appointments. A restricted license in Virginia will allow for you to operate a vehicle during certain hours to a restricted list of locations that are deemed necessary for your daily life.

The Virginia court has the authority to grant a restricted license for a first-time DUI at the time of conviction. However, a second DUI offense will not allow for a restricted license until 1 year following conviction if the second DUI was within 5 years of your first DUI offense, or after 4 months if it was within 10 years of your first DUI arrest. If this is your third DUI offense, you can appeal for a restricted license 3 years following conviction.

A restricted license in Virginia will allow you to continue travel to and from a confirmed employment location and in some cases associated locations in regards to the nature of the job, school (for yourself or a minor child under your care), health care services, and court-ordered appearances or programs. In every appeal for a restricted license in Virginia, thorough documentation of the necessity of each type of travel is critical to being granted those privileges.

Learn more about penalties for first-time DUI offenses in Virginia by visiting our article library.

If you have questions about your options following a first-time DUI conviction in Virginia, contact Virginia DUI lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

First-Time DUI Penalties in Virginia & Ignition Interlock Systems

Fri, 09 Apr 2010 08:00:00 EST

During your probation following a first-time DUI conviction in Virginia, your driving restrictions may have included the installation of an Ignition Interlock system in your vehicle. Virginia is one of more than 35 states that have begun using Ignition Interlock as a preventative measurement against repeated DUI offenses.

An ignition interlock device analyzes your Blood Alcohol Level (BAC) and determines if it is beyond a preset level (usually 0.02-0.04%). If the recorded BAC reaches above the level during vehicle operation, the system will disable the vehicle. Many units in use today require a new breath test every few minutes while you are driving to ensure sobriety.

The Virginia courts will require an ignition interlock device to be installed in every vehicle you own, co-own or operate as a condition to obtain restricted or restored driving privileges following a first-time DUI conviction.

The ignition interlock device implementation applies:

To first-time DUI convictions with a BAC of 0.15% or higher
Second-time convictions within 10 years of your first
Third or subsequent convictions

An ignition interlock device is also required by the Virginia Department of Motor Vehicles for second-time offenders whose conviction was within 5 years of their first, or any offender who has been convicted of DUI 3 times within 10 years, even if the court does not require it.

Learn more about penalties for first-time DUI offenses in Virginia by visiting our article library.

If you have questions about the use of an Ignition Interlock system in your DUI conviction, contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Virginia Traffic Dispute Leads to Shooting and Reckless Driving Charges

Fri, 09 Apr 2010 08:00:00 EST

An alleged case of road rage and reckless driving escalated into charges of attempted second-degree murder during a traffic dispute on March 23 at the merge of Route 123 and southbound Interstate 95 in Dale City, Virginia.

WTOP.com reports that two drivers were involved in an alleged instance of road rage when James Bringham, who was driving a Ford F550 dump truck, attempted to merge onto I-95, interfering with the path of Gabriel Poventud's Jaguar.

According to authorities, the two men began driving aggressively towards one another, with Bringham twice striking Poventud's vehicle. The men eventually ended up on the left shoulder of the highway. Police said Poventud got out of his car armed with a gun and allegedly fired 13 rounds at the dump truck.

Bringham pulled his truck back into traffic but it was struck at least 4 times during the exchange. Police said there was no other damage to bystanders, other vehicles, or nearby property.

The incident ended without injury when the two vehicles resumed chase on the right shoulder and were stopped by a Virginia state trooper. Riding with Poventud was his 2-year-old daughter. The charges against Poventud include:

child endangerment
use of a firearm in the commission of a felony
shooting a missile into an occupied vehicle
reckless use of a firearm
attempted second-degree murder

Bringham was originally faced a Virginia reckless driving charge for his strikes to the Jaguar, but police later obtained a warrant for attempted second-degree murder.

Photos of the Jaguar have been released to show the extent of the damage caused by the dump truck. Police investigation has found that the gun was legally owned by Poventud and he had no prior history of mental illness or criminal record to prevent gun ownership.

The Obvious Flaws of Sobriety Tests

Sat, 03 Apr 2010 08:00:00 EST

Though often used to determine Virginia DUI, the truth is that field sobriety tests are not always the best way of judging whether a driver is intoxicated or not. The problem with a vast majority of these tests is that they suffer from inherent flaws.

Regardless of their scientific inaccuracy and susceptibility to human error, field sobriety tests are often used at sobriety checkpoints, or when a police officer suspects DUI during a Virginia traffic stop.

These tests come in several common varieties. One is the Nystagmus test, in which you must smoothly follow a flashlight or pencil with yourr eyes. Another is the walk and turn test, wherein you have to step heel-to-toe for a certain number of steps, then turn around and repeat the process, all while counting aloud.

Other examples of field sobriety tests include the stand-on-one-leg test, in which you are made to stand on one leg while counting aloud. You may also be asked to pick an object up from the ground. Finally, there is the Rhomberg Balance test, which requires that you:

Stand erect
Tilt your head back
Close your eyes
Remain this way for 30 seconds

In all of these field sobriety tests an officer is judging your motor skills and coordination. If you lose your balance, misspeak or show muscle spasms or trembling, then you may be charged with a Virginia DUI. But anyone, including you, may have failed a field sobriety test simply because of nervousness, imperfect balance, or even a medical condition. A good Virginia DUI defense attorney may be able to argue the validity of these field sobriety tests during your DUI trial.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Your Inaccurate BAC Reading Could Get Your DUI Charges Dropped!

Fri, 02 Apr 2010 08:00:00 EST

Despite all the evidence that the state may have against you, a good Virginia DUI defense attorney can find ways for you to beat your Virginia DUI charge. For instance, the Virginia DUI attorney may contest the evidence pertaining to your blood alcohol content analysis.

If your level of intoxication was measured via breathalyzer, then there are several possibilities that your reading was inaccurate. An expert's testimony may be a good way to prove you didn't actually commit a DUI offense.

This is because in Virginia, state laws specify that you must be proven to have had a blood alcohol content (BAC) of .08 or higher while driving in order to be charged with a DUI.

Therefore, if your metabolism is slow to absorb alcohol into the bloodstream, and your BAC was not measured until hours after you were pulled over, then your DUI defense team may be able to show that your test was inaccurate, which means the test results cannot be used as evidence against you.

Learn more about Virginia's stance on Blood Alcohol Tests by visiting our article library.

Bob Battle's GUARANTEE for DUI Defendants

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Presumed vs. Inferred Guilt in a Virginia DUI

Fri, 02 Apr 2010 08:00:00 EST

In 2007, a Virginia Court of Appeals ruled against the specific wording in Virginia DUI statutes which state a "presumption" of intoxication if a motorist's blood alcohol content (BAC) is .08 or above. The ruling declared this wording unconstitutional, as, in the United States, an individual is presumed innocent until proven guilty in a court of law.

This ruling ordered that Virginia courts must interpret the words "shall be presumed" to mean "may be inferred", which in turn, paved the way for citizens to challenge and win their Virginia DUI cases.

How Does this Ruling Help a Virginia DUI Defense?

Now that motorists with a .08 BAC are no longer presumed guilty of DUI, they may argue the evidence that the state has against them, and fight their DUI charge. A good Virginia DUI attorney should have experience in questioning evidence during your DUI trial. He or she may bring into question:

The reliability of your breathalyzer analysis
The inefficiency of roadside tests
The fact that your BAC at the time of driving was lower than at the time of the reading
And any other evidence or testimony specific to your case

Learn more about Virginia's stance on Blood Alcohol Tests by visiting our article library.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Seeking a Jury Trial After a Virginia DUI

Thu, 01 Apr 2010 08:00:00 EST

If you have recently been found guilty of a Virginia DUI, your case may not be lost yet. The U.S. constitution grants all of its citizens the right to a trial by jury. Even if a traffic court judge determined your guilty DUI verdict, you still have the right to appeal your Virginia DUI.

This right to appeal to a higher court is known as the right to trial de novo. This means that after being found guilty of a Virginia DUI in a General District Court, you can have that verdict erased, and face an entirely new trial by jury in a Circuit Court. In such an event, the judge's initial ruling in your DUI case will be completely nullified, and you will be in the exact same position as you were before you went to court.

In the jury trial that follows, as in all United States legal trials, you will be presumed innocent until proven guilty. This means that with a good Virginia DUI attorney at your side, you can still build a winning case.

For more information about Virginia DUI laws and how they will impact your DUI charge, visit our article library.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

3 Important Things to Know About Virginia DUI Laws

Thu, 01 Apr 2010 08:00:00 EST

DUI laws can vary greatly from state to state. The DUI laws in Virginia have a number of qualities that set them apart from the norm, and which deserve a closer examination, particularly for someone facing a Virginia DUI charge.

In Virginia, DUI Refers to your Blood Alcohol Content while Driving

While most states will determine guilt based on the results of a blood alcohol content (BAC) test, a Virginia DUI is based on a person's BAC while they were driving. This means that a driver's BAC at the time of the test may differ from when they were actually operating their vehicle. And with an expert's testimony, a good Virginia DUI attorney may be able to prove this in court.

DUI and DWI are the Same Offense

While most states differentiate between driving under the influence (DUI) and driving while intoxicated (DWI), these are considered to be the same offense under Virginia DUI law. The same statutes make it illegal to drive while intoxicated or under the influence of alcohol or drugs.

Driving on a Virginia Highway Gives "Implied Consent" to a BAC Test

If you are driving on a Virginia highway, and you are arrested for a DUI, then you have already given your "implied consent" to undergo a BAC test. This makes every driver on Virginia highways susceptible to a blood or breath test.

For more information about Virginia DUI laws and how they will impact your DUI charge, visit our article library.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

How Do Sobriety Checkpoints Work?

Sun, 28 Mar 2010 08:00:00 EST

Many Americans consider sobriety checkpoints to be a violation of their rights. But in Virginia, the random interrogation of drivers has been deemed constitutionally legal. Therefore, the best thing to do regarding sobriety checkpoints is to know exactly what to expect.

Knowing where a sobriety checkpoint will be

The best way of avoiding sobriety checkpoints is to know exactly where they will be located and when. By law, sobriety checkpoints must be announced to the public before they are set up. Generally, this information can be found in local newspapers or on the internet.

The numbers are in your favor

Fortunately, at sobriety checkpoints, not all cars are stopped. The police will use a mathematical formula to randomly select the vehicles that are pulled over for questioning. And officers must minimize the average time that each car is detained. This means that unless you show visible signs of DUI, you must be allowed to drive on.

If you have been treated unfairly or falsely charged with a Virginia DUI, then you may want to get the expert help of a Virginia DUI attorney to help fight your charges.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

4 Common Problems with Breathalyzers

Sat, 27 Mar 2010 08:00:00 EST

If a breathalyzer gives an improper reading, it may help your Virginia DUI defense. It may even convince a judge to throw away your entire DUI case. Below are 4 common causes for improper DUI readings:

Belching, Hiccupping or Vomiting Before Your Test

If you belch, hiccup, or vomit before a breathalyzer test, then you may register a higher alcohol reading than is accurate. Law enforcement officers are required to constantly observe a DUI suspect to make sure this does not happen. If you do any of these things then you should not be tested for at least 20 minutes.

Your Metabolism

Your rate of metabolism may adversely affect a breathalyzer reading. If your metabolism is slow, then your body may take longer to absorb alcohol, and therefore, your reading may appear higher than the actual amount of alcohol in your blood stream.

Residual Alcohol in Your Mouth

One of the most common problems with breathalyzer readings is residual alcohol in the mouth. This is because you may have traces of alcohol in your mouth, or absorbed in some food between your teeth. Whatever the cause, residual alcohol in your mouth will result in a higher measurement of blood alcohol content.

The Temperature of Your Breath

Oddly enough, the temperature of your breath can affect a breathalyzer reading. The machine is calibrated to test the breath at 34 degrees centigrade, but studies show that at the time of DUI arrest, people generally come closer to 35.5 degrees centigrade. The result of this can mean a 10-20% higher reading.

Any of these factors can greatly impact your Virginia DUI defense. To learn more about common problems with breathalyzer tests, visit our library.

In an instant, your whole future can change for the worse. One minute you are out celebrating a birthday, an anniversary, a special occasion, or just enjoying a night out with friends, and the next thing you know you are in jail, your car has been towed, and you are suddenly a criminal defendant! Just as shocking as it was to see that jail door slam shut with you inside, a DUI conviction will close doors of opportunity immediately.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Breathalyzers May Not Be So Reliable

Sat, 27 Mar 2010 08:00:00 EST

There has long been a legal debate over the use of breathalyzers in DUI cases. This is because the machines are notorious for miscalculations and mistakes. In fact the breathalyzer test can only estimate the content of alcohol in the blood, as it actually gives a reading of the content in the lungs. And even these readings are often called into question.

There are various factors that can cause a breathalyzer to give a higher alcohol content reading. These include a person's weight, their rate of metabolism, as well as their diet or medical issues. If a person belched or vomited before a reading, this can also affect the results.

If circumstances indicate that a breathalyzer may have malfunctioned, then a good Virginia DUI defense attorney can make a case for the dismissal of your DUI charge. To analyze the results of a breathalyzer test, you can obtain the information from the police station where the test was performed.

If you suspect that an error was made during your breathalyzer test, you can get the expert help of a Virginia DUI defense attorney. A good attorney will know all of the factors that can get a DUI case dismissed.

To learn more about common problems with breathalyzer tests, visit our library.

In an instant, your whole future can change for the worse. One minute you are out celebrating a birthday, an anniversary, a special occasion, or just enjoying a night out with friends, and the next thing you know you are in jail, your car has been towed, and you are suddenly a criminal defendant! Just as shocking as it was to see that jail door slam shut with you inside, a DUI conviction will close doors of opportunity immediately.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

You May Be Able to Beat Your Virginia DUI Charge

Fri, 26 Mar 2010 08:00:00 EST

A good DUI defense attorney may find numerous ways to beat your Virginia DUI charge. This can be done by suppressing evidence, disproving the prosecution's claims, or having a judge dismiss your case altogether. To do so, you will need the help of an experienced Virginia DUI attorney.

Suppressing Evidence Before Your DUI Trial

Before your trial begins, your attorney can file motions to suppress. These are requests for the judge to exclude evidence that was obtained improperly. For example, if the officer who arrested you did not administer the breathalyzer test correctly, then the test results may be deemed inadmissible in court. This can make it much more difficult for the prosecution to prove their argument. And in some cases, it may lead a judge to completely dismiss your Virginia DUI charges.

Defending Yourself with Expert Testimonies

Your attorney can also disprove your Virginia DUI charges using testimonies from various experts. These may be chemical experts who can analyze the results of your blood test during the incident, as well as sobriety experts who can review your performance on the field sobriety test. These tests are neither foolproof nor entirely scientific, and a good DUI defense attorney can often poke holes in the prosecution's claims.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

3 Things to Know Before Your Virginia DUI Goes to Trial

Fri, 26 Mar 2010 08:00:00 EST

When you are facing Virginia DUI charges, you need to be prepared. Here are 3 things you'll need to know before your Virginia DUI goes to trial.

1. How to plead at your arraignment

Your arraignment is where you will receive the District Attorney's charges against you. Here, your DUI defense attorney will generally enter a plea of "guilty" or "not guilty." If you choose to enter a "not guilty" plea, then the dates will be set for your pre-trial conference, as well as your Virginia DUI trial.

2. Filing the necessary motions

Filing a Motion to Suppress is a way for your attorney to shape your case before your trial. By doing this, he or she may be able to have certain evidence against you dismissed. This would include any evidence that your DUI defense attorney can prove was obtained improperly or illegally. There is also a Discovery Motion that should be filed to obtain any evidence that the prosecution will use against you. Additionally, your DUI defense attorney can file a motion to strike any prior DUI convictions, which can minimize the severity of a sentence.

3. What to expect at your pre-trial conference

At your pre-trial conference, the District Attorney will offer you a deal. This will generally be a lesser charge to the one you face by trial. After considering this deal with your attorney, you may either accept it or choose to fight your case in a formal court of law.

In an instant, your whole future can change. One minute you are out - celebrating a birthday, an anniversary, a special occasion, or just enjoying a night out with friends - and the next thing you know you are in jail, your car has been towed, and you are suddenly a criminal defendant! Just as shocking as it was to see that jail door slam shut with you inside, a DUI conviction will close doors of opportunity immediately.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Two Bills in Virginia Increase Penalties For DUI

Sun, 21 Mar 2010 08:00:00 EST

Virginia, like many other states, is trying to toughen its DUI laws. This effort took a step forward with the passage of two bills in the state's General Assembly in March of 2010. Governor Bob McDonnell is expected to soon sign them into law.

Stronger Penalties for Minors

Both of the Virginia DUI bills target convicted drunk drivers under the age of 18. The first one changes a current DUI law regarding the scope of a restricted driver's license. The new legislation will prohibit a judge from allowing individuals convicted of DUI to drive to and from school using a restricted license.

The other DUI bill is more severe. The legislation increases the penalties for a person under 18 who has been convicted twice of driving under the influence. Under the new law, a judge could revoke the minor's driver's license or impound their vehicle.

Ignition Interlock Bill Fails

There was one piece of legislation being pushed by drunk driving opponents that failed to pass in the Assembly. That bill would have required that anyone convicted on DUI charges be required to implement an ignition interlock device on their vehicles for at least 6 months.

Current law allows these devices to be utilized in cases of repeat DUI offenders or when the individual's blood alcohol content registered at .15 or higher. An ignition interlock device attaches to the steering column of a vehicle, preventing the ignition from starting until a person blows into a breath analyzing device. The vehicle will not start if the machine determines that the driver's BAC is above a preset limit.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Should I refuse to take a blood alcohol test for a Virginia DUI?

Sat, 20 Mar 2010 08:00:00 EST

If you have been arrested for driving under the influence in Virginia, you will be taken back to the police station for a blood alcohol test. You may be wondering, "Is it within my rights to refuse to undergo such a test? And should I decline to take the test?"

The short answers are "yes" and "probably not."

The Pre-Test Advisory

Just before you are about to take a blood alcohol test, a police official will read you an advisory. This statement will inform you about your rights regarding the test and the consequences should you refuse.

At this point, it is critically important that you do your best to memorize exactly what is told to you. This could help you with your DUI case. If your Virginia DUI lawyer determines that you were misled, misinformed, or threatened by the police official, or that the consequences of refusal were exaggerated, then key evidence in your case could be tossed out by a judge.

Virginia's Implied Consent Laws

In most cases, it is not a good idea to refuse to take a blood alcohol test. This is because the state of Virginia has what is called an "implied consent" law. This means that by accepting your driving privileges in the state of Virginia, you imply that you will consent to taking any blood alcohol tests that are asked of you.

Therefore, refusing tests under "implied consent" circumstances often results in your license being suspended for a longer period of time. Also, this refusal could be brought up at trial, where it may paint you in a negative light.

For more information on Virginia DUI arrests, visit our library.

Virginia DUI attorney Bob Battle aggressively defends those charged with a Virginia DUI. For proven legal help with your Virginia DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Unreliability of Breathalyzer Sobriety Tests for DUI in Virginia

Sat, 20 Mar 2010 08:00:00 EST

You have been arrested for driving under the influence, and a "Breathalyzer" test result indicated that you are legally drunk. But how reliable are Breathalyzer test readings anyway? There are a variety of factors which may cast doubt on these test results.

Machine Calibration

The Breathalyzer machine may be calibrated improperly. Many machines calculate the amount of alcohol in a person's blood relative to how much is in their breath at a ratio of 2200. But in reality, that ratio can range anywhere from 1100 to 3200 - which may cause an inaccurate test result.

Residual Alcohol in Your Mouth

The Breathalyzer test is supposed to measure the amount of alcohol in your lungs. But if alcohol is present in your saliva, food trapped between your teeth, or elsewhere in your mouth, it could inaccurately increase the machine's reading.

Other Chemical Compounds in your Mouth

Similarly, other chemical compounds in your mouth might inflate a result from a Breathalyzer test. That's because these machines do not specifically detect ethyl alcohol, but rather the methyl part of a molecule which is present in alcohol - and in other substances as well.

Breath Temperature

Breathalyzer machines assume that the temperature of your mouth is 34 degrees Celsius. But studies have shown that individuals arrested for DUI who were tested on the machine had actual breath temperatures between 34 and 37 degrees - which would also influence the test result.

Belching, Hiccupping, or Vomiting

Because it will skew a test result, police officials are required to make sure that you do not take a Breathalyzer test within 20 minutes of belching, hiccupping, or vomiting. If this procedure is not followed, your test results could be thrown out during your DUI trial.

Alcohol Absorption Rates

The Breathalyzer test assumes that your body is "post-absorptive" - meaning that you are done absorbing alcohol into your blood. But if you have a slow metabolism, you may still be absorbing the alcohol, and the test outcome would show a higher-than-accurate reading.

For more information on Virginia DUI arrests, visit our library.

Virginia DUI attorney Bob Battle aggressively defends those charged with a Virginia DUI. For proven legal help with your Virginia DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Are sobriety checkpoints in Virginia unconstitutional?

Fri, 19 Mar 2010 08:00:00 EST

As you approach a sobriety checkpoint, you might be wondering if this inconvenient roadblock is even legal. After all, doesn't the Fourth Amendment to the Constitution prohibit searches without probable cause? And isn't that precisely what a sobriety checkpoint is?

The Legal History of Sobriety Checkpoints

Legal precedent has determined that sobriety checkpoints are lawful. While the Fourth Amendment does provide motorists some protection, such as the right to refuse permission to police to search your vehicle without probable cause, Fourth Amendment does not extend to sobriety checkpoints.

In 1986, Michigan State Police announced that they would implement what would become the first sobriety checkpoints in the country. Michigan resident Rick Sitz filed suit against the police before the policy even went into effect.

The court that initially heard the case agreed with Sitz that such roadblocks were not constitutional. This verdict was appealed all the way to the U.S. Supreme Court, and in 1990, the high court ruled 6-3 that sobriety checkpoints did not violate the Fourth Amendment. In its ruling, the Supreme Court stated that the intrusion of freedom on motorists at sobriety checkpoints was slight, and the benefits of keeping drunk drivers off the road made the stops appropriate and lawful.

What This Means to You

The bottom line is this: while not impossible, the chances of successfully arguing in court that Virginia sobriety checkpoints are unconstitutional are very slim. However, you must always keep in mind that that you are not automatically guilty if you are charged with driving under the influence at a sobriety checkpoint. An experienced and knowledgeable Virginia DUI lawyer may be able to obtain a not guilty verdict (or have the DUI charges withdrawn entirely) depending on the individual circumstances of your case.

For more information on sobriety checkpoints, visit our library.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged after being stopped at a Virginia sobriety checkpoint. For proven legal help with your Virginia DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

MADD Urging Wisconsin to Adopt Sobriety Checkpoint Law

Fri, 19 Mar 2010 08:00:00 EST

Since the U.S. Supreme Court declared sobriety checkpoints constitutional in 1990, a majority of states-including Virginia-have adopted this method of DUI detection into their law enforcement policy. Now it seems that one of the holdout states, Wisconsin, may soon succumb to outside pressure to implement sobriety checkpoints.

MADD Urging Wisconsin to Use Sobriety Checkpoints

On March 9, 2010, Laura Dean-Mooney, the national president of Mothers Against Drunk Driving, sent a letter to the co-chairmen of Wisconsin's Joint Committee on Finance. The letter urged the committee to hold a public hearing on Assembly Bill 547, which would legalize the option of sobriety checkpoints in Wisconsin.

Dean-Mooney claims that a study conducted by the Centers of Disease Control and Prevention revealed that the presence of sobriety checkpoints reduces drunk driving-related collisions and fatalities by 20%. The MADD president also notes that federal grants help fund the deployment of sobriety checkpoints in many states.

AB547 was introduced to the Wisconsin Committee for Criminal Justice on November 5, 2009. At that time, 5 different estimates of its implementation costs were submitted, but none of them were deemed accurate enough to proceed. The bill was transferred to Joint Committee of Finance on February 5, where it sits today.

A spokesperson for one of the letter's recipients says that proceeding with AB547 doesn't make sense until the provisions of another bill which strengthened penalties for DUI (known as OWI, or Operating While Intoxicated, in Wisconsin) takes effect. That bill was passed last year.

As of now, there is no indication if or when AB547 will be moved out of committee and brought before the Wisconsin House or Senate, where it would be voted on.

For more information on sobriety checkpoints, visit our library.

Virginia DUI attorney Bob Battle aggressively defends those charged with a Virginia DUI after being stopped at a Virginia sobriety checkpoint. For proven legal help with your DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

How to Avoid DUI Traffic Stops

Wed, 17 Mar 2010 08:00:00 EST

Politicians and interest groups are frequently seeking to strengthen the laws or penalties regarding driving under the influence. This can be troubling for people who just enjoy having a good time by responsibly consuming alcohol in moderation or in social situations. So here are a few tips to help you avoid being slapped with a Virginia DUI conviction.

The most effective way to steer clear of DUI charges is not to get pulled over by a police officer. So if you have been drinking, here are some things to keep in mind.

Know Your Vehicle

Make sure there are no broken taillights or malfunctioning turn signals that might make you a target for police. If you are driving an unfamiliar vehicle (an intoxicated friend's car, for instance), take some time to familiarize yourself with its operational features before driving.

Know the Way

Make sure you are familiar with where you are going. If you are unsure of exactly how to get to your destination, ask someone for directions or look up the directions online before you get in the car. Driving aimlessly may attract unwanted attention.

Know Where to Avoid Driving

If police set up sobriety checkpoints in your area, know where they are before you get in the car so you can stay away from them. Sobriety checkpoints are especially prevalent on and around holidays, but are always announced in advance.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

The Effectiveness of Field Sobriety Tests

Tue, 16 Mar 2010 08:00:00 EST

Field sobriety tests are commonly used throughout Virginia to help determine if an individual has been driving under the influence. But just how good are these tests at identifying drunk drivers?

Clemson Study

Two researchers at Clemson University decided to look into whether field sobriety tests were actually accurate. They conducted a study involving 14 police officers who were told to view videotapes of 21 people taking a field sobriety test, and then determine which of the subjects were legally intoxicated.

On average, the officers classified 46% of the group as being too drunk to drive. Unfortunately, the officers didn't fare very well - because the actual number of intoxicated persons in the study was...zero.

The results of this field sobriety test study are disturbing because it means that in nearly half of these cases, an innocent person would have been wrongly arrested for driving under the influence.

Different Results with "Normal" Activities

The Clemson study also went a step further. Researchers had these same subjects perform one of a series of so-called "normal" activities on camera for the officers in the study to observe.

These tasks included:

counting from 1 to 10
reciting personal information (Social Security number, address, phone number, etc.)
walking normally

After viewing the same 21 people performing these tasks, the officers determined that only 15% on average of them were legally intoxicated, which was still significantly inaccurate.

Comparing this result to the previous 46% figure led the researchers to conclude that simply participating in field sobriety tests made the individuals appear to be drunk.

Browse our library for more information on field sobriety tests.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

The Science Behind Field Sobriety Tests

Tue, 16 Mar 2010 08:00:00 EST

Field sobriety tests are commonly used by law enforcement agencies across the nation. But who came up with these tests in the first place? And what is the scientific basis behind them?

History of Sobriety Testing

In the late 1970s, the U.S. government wanted to create field sobriety tests that were more effective than the ones being used at the time. So they asked the Southern California Research Institute to conduct a study.

The institute's first attempt at solving this problem was less than stellar. Even the researchers admitted that the "new and improved" field sobriety tests were only accurate about half the time. So the government asked the group to try again.

Eventually, the researchers concluded that they had come up with a series of tests with a failure rate of only 9%. The institute published its final report in 1981, and many of the procedures and policies used by police today are based on that research. But were those results scientifically-based?

History Revisited

In 2005, other researchers obtained the institute's data through the Freedom of Information Act, and examined it more closely. What they discovered was shocking: some of the test subjects had blood alcohol levels which were so much higher than the legal limit that the field sobriety test results were largely irrelevant.

The latest study concluded that while field sobriety tests can spot motorists who are extremely drunk, they are not useful at all in determining the degree to which a person might be intoxicated. Therefore, a police officer may very well arrest someone for driving under the influence if their blood alcohol level is within the range allowed by law - or even if the individual is completely sober.

Browse our library to learn more about field sobriety tests.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Cops May Soon Ask "Where Was Your Last Drink?"

Mon, 15 Mar 2010 08:00:00 EST

If you are pulled over by the police for suspicion of a Virginia DUI, you will likely be asked a series of questions. Many of these police inquiries are designed to help determine whether you are driving under the influence of alcohol or drugs.

Proposed Virginia DUI Law

There may soon be a new step in a Virginia DUI stop in which the officer may be required to ask you where you consumed your last alcoholic beverage.

The information obtained from a suspect would be passed on to the Alcoholic Beverage Control Board, which has the power to discipline businesses who flout Virginia's alcohol laws. Serving an individual who is "buzzed" is a misdemeanor under state law.

This legislation was introduced by Republican Delegate John O'Bannon of Henrico. The bill unanimously passed the state Senate on March 1 with an amendment, and then passed the state House by a 93-4 margin 2 days later. The bill now goes before Virginia Governor Bob McDonnell.

No Penalties For Refusal To Answer

However, the new legislation does not require any individual who is asked about the location of their last drink to answer the question. Nor does the law bestow a penalty of any kind upon those who refuse to provide an answer. So, if you are being charged with driving under the influence in Virginia, you do not have to implicate the private homeowner or public establishment where you consumed your last drink.

Browse our library to learn more about what to do when you are pulled over by police who suspect you of driving under the influence.

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Interlock Ignitions for First-Time DUI Offenders

Mon, 15 Mar 2010 08:00:00 EST

New legislation in Virginia would require that ignition interlock devices be installed on the vehicles of any drivers convicted of Virginia DUI, including first-time offenders.

HB 1197 was introduced by Sal R. Iaqunito, a Republican delegate from Virginia Beach, and the House of Delegates passed the legislation on February 10, with an 84-13 vote. According to the bill, a convicted DUI offender would not be able to have the interlock ignition device removed from his or her vehicle for at least 6 months.

Ignition Interlock Devices

An ignition interlock device affixes to the dashboard of a vehicle. When installed, the driver must blow into a breath analyzer before starting the vehicle. If the analyzer determines the driver's blood alcohol content (BAC) is higher than the level programmed into the device, then the vehicle's ignition will not function and the car will not turn on.

Currently, Virginia law only requires ignition interlock devices for repeat DUI offenders, or for individuals whose blood alcohol content registered at .15 or higher. However, judges currently have the option of ordering the installation ignition interlock devices if they deem them necessary.

New Virginia DUI Law Would Follow National Trend

If this proposed DUI legislation is signed into law by Governor Bob McDonnell, Virginia would become the 11^th state to mandate the use of ignition interlock devices in all DUI convictions. Currently, 47 states utilize ignition interlock devices in some form or another to punish those found guilty of driving under the influence.

HB 1197 has been assigned to the Senate's Special Courts of Justice Subcommittee.

Browse our library to learn more about what to do when you have been pulled over on a suspected DUI charge.

In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Erroneous Virginia Drunk Driving Charges

Sat, 06 Mar 2010 08:00:00 EST

A police officer might have their own reasons to think that you're driving under the influence, even if you're actually sober. If you get pulled over at night on suspicion of driving drunk in Virginia, there are some things that you should keep in mind.

You may have been pulled over because of the way you were driving. Police officers often interpret common driving errors, such as weaving in the lane or forgetting to use turn signals, as signs of driving under the influence. As such, simply being a careful driver can help you to avoid Virginia drunk driving charges.

If an officer pulls you over, chances are they have already subconsciously decided your guilt. After this, you will be examined for signs that support this pre-determination of drunkenness, like smelling of alcohol or slurring your speech. Be polite, but remember that you are not legally required to take sobriety tests or admit to drinking.

Remember, it's very possible for sober individuals to fail sobriety tests. The police will interpret simple missteps or basic forgetfulness as signs of drunkenness. This is why it is important to get a good Virginia DUI defense team on your side in court.

Browse our library to learn more about why police may suspect of you of driving under the influence.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Why Would the Police Pull Me Over for DUI If I'm Not Drunk?

Sat, 06 Mar 2010 08:00:00 EST

The police watch for certain signs when looking for drunk drivers. These include some very basic driving errors, like going too fast or too slow. Unfortunately, you can easily make these kinds of mistakes even while sober, leading to undeserved Virginia drunk driving charges.

These driving errors can be the result of driving in an unfamiliar vehicle or just driving in an unfamiliar area. Although in your mind you are driving responsibility, to an outside party like a police officer, you may appear to be suddenly braking or turning, swerving within your lane, or even something as simple as forgetting to use a turn signal.

If a police officer thinks these driving mistakes are being caused by driving under the influence, they do have the right to pull you over and investigate the situation. If this happens, do not panic. Being polite and cooperating with the officer is vital to your current situation as well as to your possible DUI defense, should you be charged with a Virginia DUI.

If you are ever pulled over on suspicion of driving drunk, be firm but polite, and comply with the officer's requests to see your ID and to step out of the car. Be very careful about what you say, as a careless or hasty remark could end up hurting your case. Though this may be upsetting, stay calm and find a Virginia DUI lawyer as soon as possible if you are wrongfully charged.

Browse our library to learn more about why police may suspect of you of driving under the influence.

Virginia DUI lawyer Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat Virginia drunk driving charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Making a Proactive Virginia DUI Defense

Fri, 05 Mar 2010 08:00:00 EST

Officers often make mistakes when stopping drivers on suspicion of driving under the influence in Virginia. This means that you can suffer the humiliation and legal repercussions of being charged even if you were completely sober. Because of this, the best Virginia DUI defense may simply be to avoid getting pulled over in the first place.

There are a few simple steps you can take to reduce your chances of being pulled over.

One is simply to learn about the area in which you're driving. Many people charged with driving under the influence in Virginia were lost, which caused them to drive erratically and attract police attention.

If you're driving a friend's car or another vehicle that you don't know very well, take the time to familiarize yourself with your vehicle's controls. Nothing looks more suspicious than reaching for the windshield wipers, only to accidentally hit the emergency brakes.

Another good Virginia DUI defense tactic is to find out where the police have set up sobriety checkpoints. While these checkpoints do a lot of good for traffic safety, the police can make mistakes. Simply steering clear of these areas can play an important role in avoiding unjust Virginia drunk driving charges.

Browse our library to learn more about Virginia DUI defense.

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

If you are convicted of Virginia drunk driving charges in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Avoiding Virginia Drunk Driving Charges

Fri, 05 Mar 2010 08:00:00 EST

Virginia drunk driving charges are definitely not something that you want on your permanent record. A conviction can result in serious legal, financial and social repercussions. Worse yet, you don't even have to be drunk to be pulled over and charged.

This is why the best Virginia DUI defense for a sober driver may simply be to take a few precautions when driving, especially at night. The police can make mistakes, so it's best to avoid them altogether if possible.

One of the most important things to do is to make sure that everything in the vehicle is working the way it should. Broken turn signals or tail lights might be just the excuse that an officer needs to pull you over.

Before doing anything else, get a feel for the dashboard. You should have a basic idea as to what the different buttons and switches do. You don't want to be pulled over on suspicion of driving under the influence because you reached for the radio and activated the hazard lights by mistake.

It is also very important to adjust the rear and side view mirrors as needed. Remember that they've been positioned for the convenience of the car's normal driver, not for you. On the same note, make sure that the seat is in a good and comfortable position.

If possible, see if you can find the owner's manual. This is a good way to get information about the vehicle, especially if you're not sure as to the purpose of a particular switch or dial. Be sure that you know where to find safety functions, like emergency lights. Taking these precautions will reduce the likelihood of having to deal with a Virginia DUI situation.

Browse our library to learn more about Avoiding Virginia DUI charges.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Virginia DUI Attorney Payment Plans

Fri, 05 Mar 2010 08:00:00 EST

Are you in the process of hiring a Virginia DUI attorney? If so, you probably already know that a skilled DUI defense can get costly. But you also know that your freedom is a valuable commodity.

Fortunately, many Virginia DUI lawyers will allow you to set up a payment plan.

For a typical DUI attorney payment plan, you will be asked to make a large deposit up front (the retainer) and then make smaller monthly payments until the amount is paid in full. In many cases, you will be asked to send in post-dated checks or to allow the amount to be applied to your credit card monthly. This ensures that the law firm receives their money and does not have to resort to collections.

Many firms require that the amount be paid in full before the case goes to trial. This increases their chances of receiving their money, even after you win or lose your Virginia DUI case.

Please note that not all Virginia DUI attorneys will bring up payment plan options, so it is up to you to ask about them before retaining their services.

You may wonder if hiring an experienced defense attorney worth the expense. When you consider the penalties for a Virginia drunk driving conviction, i.e., jail time, community service, increased insurance costs, driver's license suspension, lost job opportunities, and so on, you may decide that the cost of an experienced Virginia DUI attorney is well worth it.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Have You Recently Been Charged With DUI in Virginia?

Tue, 02 Mar 2010 08:00:00 EST

Have you recently been hit with a DUI charge in Virginia? You have the same rights as anyone who has been charged with a crime, so don't automatically assume you'll be found guilty. This first thing that you'll want to do is contact an experienced Virginia DUI defense attorney to start working on your case.

What can a Virginia DUI defense attorney do for me?

A good attorney will immediately want to know the specifics of your case. They will review the facts, and tell you the advantages and/or challenges that you will face in a Virginia courtroom.

If you decide to try your case before a jury trial, your Virginia DUI attorney will guide you through the arraignment process, file the necessary motions, and try to build a winning argument for your defense.

How do I choose the right DUI attorney?

A good Virginia DUI defense attorney should have plenty of experience in court. They should have successfully represented defendants in past Virginia DUI cases. When choosing your attorney, you should ask questions such as "How many DUI cases have you taken to trial?" and "What do you see as the challenges in my case?"

You should also ask about the specific charges and fees your attorney will bill you for. Learn more about choosing the right DUI attorney by visiting our library.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

What to Know When Choosing a Virginia DUI Defense Attorney

Tue, 02 Mar 2010 08:00:00 EST

When choosing a Virginia DUI defense attorney, there are several criteria to keep in mind.

Some of the things that you will want to know about your attorney include:

What challenges they foresee in your case
How they will bill you for their charges and fees
How many Virginia DUI cases they have taken to trial

These are 3 simple questions to ask a potential Virginia DUI defense attorney before you retain their services. But there is one general question that covers all the bases: Exactly who will be representing me?

How Can I Know Who Will Be Representing Me?

The way to choose a good DUI attorney is to ask a lot of questions. In your first telephone conversation or office meeting, you'll want to know exactly who will be handling your case. Sometimes a firm will boast a "team approach", in which the attorney you are speaking with is not actually the one who will represent you in a Virginia court of law. You may be left with an attorney that is particularly young or inexperienced. The only way to have the best representation is to know exactly who will be your lawyer.

Learn more about how to choose the right DUI attorney for your case by visiting our library.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

What Will My Virginia DUI Charge Cost Me?

Tue, 02 Mar 2010 08:00:00 EST

A Virginia driving while intoxicated (DWI/DUI) conviction can be as financially costly as it is emotionally damaging. If you decide not to fight your Virginia DUI charge, you will pay fees to the Department of Motor Vehicles (DMV), alcohol abuse class and work program fees, and new auto insurance premiums and associated fees which you probably didn't even know existed.

How Much Money Is Associated With a DUI Charge?

In some states, a DUI charge can run you as much as $20,000. This is taking into account your bail, any associated fines, legal fees, increased auto insurance premiums, loss of income from work, alcohol education programs and more.

The best way to avoid these expenses is to fight your DUI charges in a Virginia court. Your first step is hiring an experienced Virginia DUI defense attorney. Despite whatever myths exist about the difficulty of fighting DUI charges, a good DUI defense attorney can build a compelling argument and defend your rights in court.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

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

Mon, 01 Mar 2010 08:00:00 EST

One of the most common myths about DUI charges is that the defendant is inevitably going to be found guilty. But an experienced lawyer and a strong argument may be able to help you overcome the evidence against you.

If you have recently been charged with DUI in Virginia, you have the right to an attorney and a fair trial. Despite what you think about Virginia DUI laws, you don't automatically have to plead guilty.

How Can I Win My Virginia DUI Case?

First, keep in mind that under United States law, everyone is innocent until proven guilty. This applies to DUI cases as well. No matter how unpopular DUI charges are, your basic rights still apply. The most important thing you will need to do in order to fight your DUI charges is hire an experienced Virginia DUI defense attorney.

When choosing to fight your Virginia DUI charges, remember:

DUI cases can be won - and, it is worth the effort to see if you can beat your charges.
DUI is a not just a minor offense, so understand your rights, and do your best to build a winning argument.
The attorney you choose may be the most crucial element to winning your DUI case.

To learn more about your rights in a DUI charge, visit our library.

In the face of DUI charge, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

5 Misconceptions About Your Virginia DUI Charges

Mon, 01 Mar 2010 08:00:00 EST

There are common misconceptions about DUI charges that you should keep in mind as you battle your Virginia DUI charge. Listed below are 5 common misconceptions that you'll need to know as you build your DUI defense.

Misconception #1 - Most people charged with DUI are guilty

This misconception is known as The DUI Guilt Myth, and it needs to be invalidated. This false assumption equates your Virginia DUI charge to a guilty conviction. This is not the way the law works. Under U.S. law, any defendant is innocent until proven guilty.

Misconception #2 - DUI is just a minor offense

DUI is a serious crime, and should not be taken lightly. This is why you should understand your rights, and do what you can to fight your charges in a Virginia court. A DUI conviction can come with penalties, fines, heavily increased auto insurance premiums, and even jail time. Pleading guilty to a case you can win may significantly damage your life and reputation. Don't plead guilty without discussing your case with a Virginia DUI defense attorney first.

Misconception #3 - DUI cases are un-winnable

Many people make the mistake of pleading guilty to their DUI charge. But with a good attorney and a solid argument you have a chance at winning your case.

Misconception #4 - DUI cases are all the same

Every DUI case is different in some way. A good Virginia DUI defense attorney will investigate the facts of your case and treat you as an individual, and not a statistic.

Misconception #5 - Any attorney will do

This misconception is the most dangerous of all. A good Virginia DUI defense attorney will have experience defending Virginia DUI cases in court. You will want a seasoned attorney who knows your rights and will agree to represent you themselves.

To learn more about your rights in a DUI charge, visit our library.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Bruce Smith Pleads Guilty To DUI

Thu, 21 Jan 2010 08:00:00 EST

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.

Roanoke Elementary School Principal Sentenced For DUI

Thu, 21 Jan 2010 08:00:00 EST

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.

Chilhowie Police Officer Charged With DUI

Thu, 21 Jan 2010 08:00:00 EST

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.

School Bus Driver Charged With DUI During Field Trip

Thu, 21 Jan 2010 08:00:00 EST

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.

Woman Who Had .708 BAC Pleads Guilty TO DUI

Thu, 21 Jan 2010 08:00:00 EST

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.

School Bus Driver Sentenced For DUI With Students On Board

Thu, 07 Jan 2010 08:00:00 EST

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.

School Bus Driver Sentenced For DUI With Students On Board

Thu, 07 Jan 2010 08:00:00 EST

DUI Charges Expected For Former NBA Star Jayson Williams After Crash

Thu, 07 Jan 2010 08:00:00 EST

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.

Woman Has Record-Setting Blood-Alcohol Content

Thu, 07 Jan 2010 08:00:00 EST

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.

Man Arrested For DUI In Virginia Beach After Hit-And-Run

Thu, 07 Jan 2010 08:00:00 EST

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.

Federal Prosecutor Suspected To Have Received Favorable Treatment Loses License For DUI

Thu, 07 Jan 2010 08:00:00 EST

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.

Deputy Charged With DUI Resigns

Thu, 07 Jan 2010 08:00:00 EST

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.

Tax Court Lets Drunk Driver Write Off Damages In DUI Accident

Thu, 31 Dec 2009 08:00:00 EST

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.

Another Virginia Beach Police Officer Arrested For DUI

Thu, 31 Dec 2009 08:00:00 EST

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.

10 Killed In Eight Crashes Across Virginia During Christmas

Thu, 31 Dec 2009 08:00:00 EST

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.

Saints' Bobby McCray Arrested For DUI

Thu, 31 Dec 2009 08:00:00 EST

Early on the morning of December 29, New Orleans Saints defensive end Bobby McCray was arrested on charges of driving under the influence after he refused to submit to a breathalyzer test.

The New Orleans Police Department booked McCray on one count of DUI, speeding, careless operation of a motor vehicle, and driving without registration.

The former Florida Gator has had very little impact on the Saints’ 13-2 start. At this point, he has only 10 tackles and 1 ½ sacks.

Man Charged With Reckless Driving After Collision With Holiday Horse-Drawn Wagon

Thu, 31 Dec 2009 08:00:00 EST

According to authorities, a man has been charged with reckless driving after crashing his 2006 Mustang into the rear of a horse-drawn holiday wagon ride in Stanley, resulting in 14 people being injured.

Approximately 20 adults and children were on board the wagon with bolted-down benches and wrought-iron sides and back, which helped to protect the riders some, according to Police Chief Timothy Foster.

According to Foster, the driver of the Mustang was not paying attention and slammed into the wagon at approximately 8 p.m., knocking the wagon driver into a yard along Main Street. The Clydesdale horses pulled the wagon and riders for 100 yards before it struck an electric pole. Foster said the horses fled and were later caught.

Foster said that thirteen people, including the wagon driver, received transport to a local hospital and a woman with a compound fracture of her leg received air transport to another. None of the injuries are believed to be life-threatening.

Foster said that neither speed nor alcohol are believed to be factors. The wagon was equipped with flashing lights, reflective signs and tape, and holiday lights and should have been easily visible.

The driver of the car was uninjured and was charged with reckless driving.

State Commission Decertifies Richmond Capital Area ASAP

Tue, 15 Dec 2009 08:00:00 EST

The state commission that oversees the Virginia Alcohol Safety Action Program has decertified the Capital Area ASAP in Richmond, fired its executive director, and suspended its 12 board members after it was determined through an investigation that there were “serious problems” with the manner in which the local program was being managed.

According to several board members of the Richmond ASAP, which include local law-enforcement officials and court authorities, they received hasty notification of the commission’s actions with no explanation. They were invited to attend the VASAP’s quarterly commission meeting, which took place on December 4, to learn more.

Board member Irving Wright, clerk of the Richmond General District Court’s traffic division, said that the board members were “totally in shock” and were “all disappointed.” He said that as far as he knew, no one on the board knew what was going on.

Statewide VASAP Executive Director Debra Gardner confirmed the commission’s actions, which included the removal of the Capital Area ASAP’s certification. That program serves Richmond, Ashland, and the counties of Hanover and Goochland. She said the commission had taken over the Capital Area’s program pending further action.

The ASAP program provides educational and substance-abuse services to drug and alcohol offenders who were referred to the program by the courts. A total of 24 ASAP programs statewide are overseen by the Virginia commission.

One source with knowledge of the investigation says that the Capital Area ASAP refused to conduct a timely investigation of complaints against Executive Director Reta Moore by some of her employees and outside contractors.

The commission learned of the complaints through a recertification process that involved interviewing employees of the Capital Area ASAP, according to an anonymous source. The complaints were forwarded to the Capital Area program’s chairman, but he declined to conduct an investigation because no formal complaints had been filed.

After state commissioners were advised, they voted to hire an outside consultant to investigate the complaints. The source said a thick report was compiled by the consultant after all of the Richmond program’s employees were interviewed.

Among the Capital Area ASAP’s board members are Hanover Sheriff Stuart V. Cook, Goochland Sheriff James L. Agnew, Hanover Commonwealth’s Attorney Ramon E. “Trip” Chalkley III, Goochland Commonwealth’s Attorney Claiborne Stokes, former Richmond Deputy Commonwealth’s Attorney Matthew P. Geary, Richmond traffic Judge Thomas O. Jones, and Virginia Association of Chiefs of Police Executive Director Dana G. Schrard.

According to board chairman Dr. Jon Moss, the board didn’t act immediately because only sketchy details of the allegations had been provided in informal conversations with a board member.

Amish Man In Horse Drawn Buggy Arrested For DUI In Pennsylvania

Tue, 15 Dec 2009 08:00:00 EST

On the night of December 6, an Amish man was arrested by police in central Pennsylvania on charges of driving under the influence when he was found sleeping in his still-moving buggy. Police say the 22-year-old man was slumped over and asleep in a buggy that was moving slowly.

A nearby off-duty officer reportedly spotted the horse pulling the buggy at a walking pace as it straddled the center line.

According to police, the man was given a breathalyzer test, which revealed his blood-alcohol content to have been 0.18 percent, more than twice the legal limit of 0.08 percent.

Legendary Florida DUI Attorney Richard Essen Dies

Tue, 15 Dec 2009 08:00:00 EST

A “Remembrances” column that appeared in the Wall Street Journal on December 8 showed that it isn’t necessary to be a Marty Lipton, Bill Lerach, or some other high-flier to be considered a legal pioneer.

The piece in question is focused on Richard Essen, who died in November at the age of 70. The piece said that he helped in the development of the legal specialty of providing drivers accused of driving under the influence with vigorous and complex defenses.

Patrick Barone, a Michigan attorney and editor of the legal publication DWI Journal, said that Essen was one of the first attorneys who recognized the need for aggressive defenses for people who had been charged with DUI.

The WSJ piece said that, thanks in part to a 1983 federal initiative encouraging states to adopt a more stringent approach to DUIs, laws were tightened, making it mandatory for first offenders to serve jail time and have their licenses suspended.

Essen, whose DUI defense practice was based out of Miami, Florida, developed strategies for defending against the new laws by filing reams of pretrial motions challenging police conduct and accuracy of breathalyzers.

William Head, an Atlanta, Georgia attorney specializing in DUI law, called Essen “the king of pretrial motions.”

The tales the story provides show an image of an aggressive and unapologetic advocate. In one case in 1983, Essen defended a driver whose car had overturned after a night of drinking, resulting in the death of a passenger. The driver’s blood-alcohol content measured to be 0.13 percent. However, Essen successfully had the charges thrown out when he showed that the nurse who had drawn the driver’s blood had an expired nurse’ license.

The WSJ piece reported another case in which Essen raised doubts about a police officer’s ability to distinguish the odor of alcohol from that of a client’s medication. In another case, he successfully argued that a client had been coerced because police refused to allow him to use the restroom until he submitted to a coordination test.

Not surprisingly, Essen was blistered by drunk-driving awareness groups as a result of his aggressiveness. Mothers Against Drunk Driving founder Candy Lightner once accused Essen of “trying to undo everything we’re working for.”

Former Dade County DUI division chief prosecutor Stephen Talphins said that in response to such challenges as those Essen provided, the county changed its procedures for how DUI cases were handled, including beefing up training and bringing in updated breathalyzers. He said, “Guys like him forced us to elevate what we were doing to a much higher level.”

Designated Driver Arrested On Suspicion Of DUI After Fiery Crash In California

Tue, 15 Dec 2009 08:00:00 EST

On the night of December 13, police in a fiery crash resulted in one man’s death and a designated driver being arrested by police in Torrey Pines, California on suspicion of driving under the influence.

The victim was southbound in a Volkswagen Passat on North Torrey Pines Road shortly before 10 p.m. when a man driving an Infinity G35 rear-ended him, according to San Diego police Detective Dan Wall.

Wall said the VW was slowing while approaching the intersection with Genesee Avenue and the Infiniti approached “like a bullet down the road.”

The collision ruptured the VW’s gas tank, resulting in both cars being engulfed in flames.

An employee at nearby University of California-San Diego witnessed the crash and broke the windows of the Infiniti to extract the driver and a passenger. Wall said he was unable to get the VW’s driver out.

The Infiniti’s driver, 30-year-old San Diego resident Michael Landri, was arrested on suspicion of DUI and booked into county jail, where he was being held on $160,000 bail and faces charges of gross vehicular manslaughter, among other charges.

According to Wall, Landri and his passenger were “very drunk” and leaving an employee Christmas party.

Alabama Police Chief Placed On Leave After DUI Arrest

Mon, 07 Dec 2009 08:00:00 EST

A north Alabama police chief has been placed on leave after he was charged with driving under the influence.

According to officials, on December 5, Tuscumbia Police Chief Tony Logan was arrested at his Florence home. City attorney Tom Heflin asked that he be placed on administrative leave the following day.

Police said the arrest came after a report from a caller that damage to a mailbox and other minor damage had been caused by a vehicle. According to a police report, Logan was drunk at the time of his arrest.

Logan was named chief of police in July of 2008.

Florida Defensive End Carlos Dunlap Suspended From Championship Game After DUI Arrest

Mon, 07 Dec 2009 08:00:00 EST

On the morning of December 1, just a few days before Florida’s loss to Alabama in the SEC Championship game, Gators junior defensive end Carlos Dunlap was arrested on a charge of driving under the influence.

Later that day, Florida coach Urban Meyer announced that Dunlap would be suspended for the championship game at the Georgia Dome in Atlanta. Meyer called Dunlap’s actions “a very poor decision.”

The Gainesville Police incident report said that Dunlap was arrested shortly before 4 a.m.

According to a report, police attempted to wake a sleeping Dunlap multiple times at a traffic light in the middle of an intersection near the University of Florida campus with his car still in gear. Police unlocked the red 2000 Chrysler through a crack in the driver’s side window.

Police were afraid Dunlap’s foot would come off of the brake and the car would cause an accident. After police gained entry, they put the car in park and turned off the engine.

According to the report, police detected alcohol on Dunlap’s breath. He submitted to field sobriety tests, which he failed, but refused to submit to a breath test, according to Gainesville Police spokesman Keith Kameg.

The 20-year-old defensive end appeared in court and was released on his on recognizance shortly after 9 a.m. The judge admonished Dunlap for underage drinking. As part of his release, his is prohibited from possessing alcohol, illegal drugs, and any prescription drugs not prescribed to him. He is also not allowed to operate a motor vehicle and will be jailed if he violates the terms of his release.

A court date has yet to be set for the DUI charge.

Many believe Dunlap would be a first-round pick in the NFL draft if he decides to leave after this season. ESPN’s Mel Kiper Jr. rates him as the No. 3 overall selection.

Federal Prosecutor's DUI Stop Raises Questions Of Special Treatment

Mon, 07 Dec 2009 08:00:00 EST

A federal prosecutor has pleaded not guilty to a charge of drunken driving (DUI) after his recent traffic stop in Warwick, Rhode Island. The circumstances around his traffic stop have raised questions over whether he received special treatment.

Gerard Sullivan was arraigned on December 4. He is next scheduled to appear in court on December 15.

Police say on Thanksgiving, Sullivan was stopped for driving erratically and officers detected the odor of alcohol on his breath. He allegedly told officers that he had just left a tavern and had “too much” to drink. He also informed them that he was a prosecutor and knew the police chief.

According to police, Sullivan refused to consent to a breath test. However, unlike others during the Thanksgiving weekend who refused to do so, he was not charged with driving under the influence.

On December 4, Police Chief Stephen McCartney released a written statement saying that the added DUI charged was a case of “fundamental fairness.”

21 Vehicles Stopped, 9 DUI Arrests At Hanover County Sobriety Checkpoint

Mon, 07 Dec 2009 08:00:00 EST

On November 26, a sobriety checkpoint was conducted on U.S. 360 eastbound at the Hanover/Henrico County line from 9 p.m. until 3 a.m. the following morning by the Hanover County Sheriff’s Office and the Virginia State Police.

Captain Michael J. Trice of the Hanover County Sheriff’s Office said that 1,200 vehicles passed through the checkpoint. He said 95 of those vehicles were detained for further investigation.

The officers at the checkpoint conducted sobriety tests on 21 drivers, resulting in seven of them being arrested for driving under the influence.

Other arrests at the checkpoint included three charges of possession of marijuana, possession of ecstasy, two charges of possession of a concealed weapon/gun, failure to yield to law enforcement, and a fugitive out of Mecklenburg County.

Virginia Beach Woman Charged With DUI Manslaughter

Mon, 07 Dec 2009 08:00:00 EST

A woman from Virginia Beach has been charged with manslaughter after a DUI collision with in which a pedestrian was killed, according to police.

Police have also charged 29-year-old Natasha Herzog with her second offense of driving under the influence and maiming.

On November 27, Herzog was driving a sport utility vehicle on Columbus Street in Virginia Beach when she struck two pedestrians near Market Street shortly before 1 a.m. Both victims received transport to a local hospital with broken bones. One of the victims, 23-year-old Suffolk resident Hunter Richardson, was pronounced dead due to internal injuries later that day.

Herzog is being held at the Virginia Beach Correctional Facility without bond.

Richmond City Council Member E. Martin Jewell Pleads No Contest To DUI

Mon, 07 Dec 2009 08:00:00 EST

On December 7, Richmond City Councilman E. Martin Jewell pleaded no contest to a charge of driving under the influence in October and issued an apology to his constituents.

Richmond General District Court Judge Randy Rowlett fine the 5th District council member $500, with $250 suspended, and imposed a suspended 90-day prison sentence. He also suspended Jewell’s license for 12 months, but provided exceptions for him to drive to and from work, including City Council functions.

Jewell was also referred to a 10-week alcohol-treatment program. His attorney said it was a standard sentence for first-time offenders.

On October 24, Jewell was pulled over and arrested by Richmond police at approximately 1:30 a.m. near Byrd Park. According to his attorney, his blood-alcohol content was measured at 0.11 percent, above the limit of 0.08, but below the 0.15 percent level that would trigger mandatory time in prison.

Jewell would not discuss details of the night of his arrest, but said that he and his son had attended a party at the home of a friend that coincided with homecoming weekend at Virginia Union University.

MADD Names Virginia Beach Prosecutor Top DUI Prosecutor In U.S.

Fri, 27 Nov 2009 08:00:00 EST

Mothers against drunk driving (MADD) recently named a prosecutor from Virginia Beach as the top DUI prosecutor in the U.S.

After beating out hundreds of other prosecutors across the nation, Charisse Black tearfully accepted the award.

Virginia’s MADD leadership nominated Black due to her aggressive prosecutions of drunk drivers, particularly one who injured a Virginia Beach police officer.

According to the commonwealth’s attorney, Black excels at DUI prosecution, despite ever-changing DUI laws and loopholes.

Black says the legal challenge of staying on top of said changes keeps her motivated.

Part of the presentation brought tears to Black’s eyes because it was personal. Kaye Walsh, the woman who nominated her, lost her daughter to a drunk driver. Walsh gave Black a pair of her daughter’s earrings as a thank you.

Man Charged With DUI After Intentionally Ramming Hot Dog Vendor's Van

Fri, 27 Nov 2009 08:00:00 EST

A man has been charged with driving under the influence, among other charges, after a Cary, N.C. hot dog vendor says the man intentionally crashed into his van twice on the morning of November 25 after he refused to sell the man a hot dog and drink for $1.

According to police, 23-year-old Rolesville, N.C. resident David Lance had been drinking before leaving Pure Gold, a strip club, around 2 .am. and attempted to order food at Fady Awad’s stand outside the club.

Kelbaugh said he had $1 and wanted a hot dog and drink, according to police. Awad said he politely informed him he could not do that.

Kelbaugh then yelled at Awad before entering his car, ramming the vendor’s van, and running into a brick column, according to Awad. He then pulled into reverse and struck Awad’s van a second time.

Police say Awad suffered injuries to his back in the collision. He received treatment at a nearby hospital and was released several hours later.

Kelbaugh was stopped by police a short time later. They arrested him on charges of assault with a deadly weapon, DUI, hit-and-run, injury to personal property, and injury to real property. He has been released on $6,000 bond.

Former Carnegie Mellon Professor Arrested For DUI One Year After Three DUI Arrests In Eight Days

Fri, 27 Nov 2009 08:00:00 EST

Police say former Carnegie Mellon University professor Jeffrey Hunker was arrested for drunken driving (DUI) on Thanksgiving, just over a year after being arrested for three DUIs within an 8-day period.

Police say Hunker struck one vehicle at approximately 7 p.m. near his home. No one was injured.

Common Pleas Judge Anthony M. Mariani called Hunker “a danger to the community” in August 2008, but declined to sentence him to prison when Hunker opted to check into a rehabilitation center in Virginia. At the time, his attorney said that he was getting the treatment he needed.

At the time of his initial arrests, Hunker was an adjunct faculty professor of technology and policy at the John Heinz III School of Public Policy and Management.

A faculty page still exists for Hunker on the university’s Web site, but his directory entry there says that he is no longer affiliated with the school.

Court records show that Hunker has a trial scheduled for February 17 on the first three DUI cases.

Senator Lugar's Wife Arrested For DUI In Fairfax County

Fri, 27 Nov 2009 08:00:00 EST

On November 25, the wife of Senator Richard G. Lugar (R-Indiana) was arrested for driving under the influence and hit-and-run after she crashed into a parked car, according to Fairfax County police.

Shortly after 6:30 p.m., an officer noticed smoke coming from the car driven by 77-year-old Charlene S. Lugar and saw damage to the front end as she traveled along Old Dominion Drive and pulled her over, according to Officer Bud Walker. Upon stopping her, the officer “developed probable cause that she was intoxicated” and arrested her. Her alleged blood-alcohol content was not released.

According to Walker, the officer investigated the damage to the front end of the vehicle and determined that she had struck a vehicle on Churchhill Road in McLean, not far from where she was stopped.

Lugar was taken to Fairfax jail, where she was given a breathalyzer test and taken into custody. According to Fairfax Sheriff’s Lt. Sonny Cachuela, she was released several hours later.

Colonial Williamsburg Employee To Begin 12 Month Sentence For DUI Crash On Christmas Eve

Fri, 27 Nov 2009 08:00:00 EST

Last year, 72-year-old Chadd’s Ford, Pennsylvania resident Irene Carson spent Christmas Day at the Medical College of Virginia suffering from the injuries she received when a man who was driving under the influence struck her in Colonial Williamsburg the previous night.

This Christmas, the man who put Carson in the hospital with multiple skull fractures, Mark Schneider, will spend the day in jail, along with many more after that.

On November 24, Williamsburg-James City County Circuit Court Judge Samuel Powell sentenced Schneider, a Colonial Williamsburg employee, to 12 months in prison, to be served on weekends, on a misdemeanor DUI charge. He will also be required to pay a $500 fine, court costs, and $17,387 in restitution and medical expenses.

Powell deferred a felony maiming by DUI charge until December 2010, when he could dismiss, downgrade, or sentence Schneider on that charge.

Before handing down the sentence, Powell reminded Schneider that his actions had forever changed Carson’s life. According to Powell, Carson is likely to never fully recover from the injuries she suffered.

Carson was crossing Francis Street in the historic area on December 24 when she was struck by a speeding vehicle driven by Schneider. His blood-alcohol content was 0.19, more than twice the legal limit of 0.08.

That is why Powell selected Christmas Eve as the date for Schneider to first report to the Virginia Peninsula Regional Jail to begin his sentence.

DUI Charge Against Senator Kerry's Daughter Dropped

Fri, 27 Nov 2009 08:00:00 EST

Los Angeles prosecutors say that Alexandra Kerry, daughter of Massachusetts Senator and former Presidential candidate John Kerry, will not face criminal charges for her arrest for driving under the influence in early November.

According to a report in People Magazine, Kerry was arrested on November 19 in Hollywood on suspicion of DUI.

L.A. City Attorney spokesman Frank Mateljan said on November 23 that upon reviewing the arrest report, they have decided not to file criminal charges against Kerry because of insufficient evidence.

According to a report from TMZ.com, at the time of her arrest, Kerry’s blood-alcohol content was only 0.06. The legal limit is 0.08.

Former Titans Receiver Chris Davis Receives Probation In DUI Case

Fri, 27 Nov 2009 08:00:00 EST

Months after being arrested on a charge of driving under the influence, former Tennessee Titans wide receiver Chris Davis was sentenced to six months of supervised probation for reckless driving.

Police reports say that on August 21, Davis was pulled over for speeding and his blood-alcohol content was measured at 0.11 percent, via a Breathalyzer test.

The legal limit is 0.08 percent.

After being arrested, Davis was cut by the team. He was re-signed in early November, but five days later, he was cut again.

PA Hospitals To Stop Doing Blood Analysis In DUI Cases

Tue, 17 Nov 2009 08:00:00 EST

According to a report in the Gettysburg Times on November 11, WellSpan affiliated hospitals in Adams and York Counties in Pennsylvania have either discontinued conducting blood alcohol content (BAC) tests for police, or will be discontinuing them, meaning that police will have to seek testing elsewhere.

One department, the Carroll Valley Borough Police Department, sought the services of a laboratory in Willow Grove, Pennsylvania, which is over 113 miles away, to conduct BAC testing for the township police.

According to police, Gettysburg Hospital will continue drawing blood samples, but will not test them. The blood would be placed in test kits to enable police to send the samples to another laboratory, probably through Fed-Ex.

On November 11, WellSpan Office of Health Public Relations & Communication at Gettysburg Hospital Manager William Lavery confirmed that the hospital was discontinuing the service, but that the hospital would continue drawing the blood.

According to Lavery, there were two fundamental reasons for the decision. The first reason concerns accreditation of the hospital’s lab and the second relates to increasing demands on the lab.

Lavery said that, regarding accreditation, the lab isn’t able to meet a new testing regulation the College of American Pathologists, which is their primary accreditation agency, introduced.

Lavery also said the legal system, DUI defense attorneys in particular, are demanding more and more from labs conduction BAC testing, which is increasingly draining their resources.

Lavery said that DUI defense attorneys have subjected the hospital’s lab to more and more strenuous expectations, including responding to subpoenas the hospital is unable to respond to.

Lavery said the transition away from local law enforcement using hospital testing services has been considered for the past couple of years and that the majority of area hospitals in south central Pennsylvania have already stopped DUI testing.

Virginia Beach Officer Who Arrested Bruce Smith For DUI Serves 5-Day Sentence For Own DUI

Tue, 17 Nov 2009 08:00:00 EST

On November 9, Virginia Beach Police Officer Bryan K. Womble began his five-day sentence for driving under the influence and hit-and-run, according to the jail log.

On September 21, Womble was convicted and sentenced by a General District Court judge. Court records say his attorney immediately appealed the sentence, but has since dropped the case.

According to police spokesman Officer Adam Bernstein, the Police Department can now move forward on its administrative investigation, which will determine Womble’s status in the department.

Since his June 20 arrest, Womble has been on administrative duty.

The 37-year-old officer was part of the department’s Traffic Enforcement Team, which specializes in enforcing drunken-driving laws. He was the officer who arrested retired NFL star Bruce Smith for DUI on May 15.

In addition to the prison sentence, Womble’s driver’s license was suspended for a year and he was ordered to pay a $500 fine, attend alcohol safety awareness classes, and use an ignition interlock device for six months.

On the night of Womble’s arrest, he was involved in a crash with another vehicle. His blood-alcohol content was 0.15 percent, nearly twice the legal limit of 0.08.

Driver Charged With Reckless Driving In Crash That Injured State Trooper

Tue, 17 Nov 2009 08:00:00 EST

A Virginia State Trooper was injured on November 9 after his patrol vehicle was struck by a car during an early morning traffic stop received helicopter transport to VCU Medical Center. The driver was charged with reckless driving.

Shortly after midnight on the day of the crash, Trooper Steven P. Scalfini and a 2005 Chrysler Sebring that he had pulled over were struck by a 2006 Chevrolet Impala.

According to State Police spokesman Sgt. Thomas Molnar, Scalfini’s injuries were not life-threatening. Two others were injured in the crash and received ambulance transport to the hospital. Their injuries were also non-life-threatening.

The driver of the Impala, 47-year-old Henrico County resident Mario Davis, was charged with reckless driving for failure to move over under a state law requiring drivers on the lane closest to an emergency response to either slow down or change lanes, if it is safe to do so, according to Molnar.

Former NC State Trooper Dismissed For DUI Arrested For Another DUI

Tue, 17 Nov 2009 08:00:00 EST

A former North Carolina State Trooper is once against in trouble after being arrested on November 15 for driving under the influence.

John C. Fogg was arrested by police in Garner, N.C. at approximately 1:30 a.m. In addition to the DUI, he was also cited for impersonating an officer and driving without a license.

Fogg was charged with another DUI back in June after a collision involving his personal car and another vehicle on the Durham freeway. At that time, his blood-alcohol content was 0.17 percent, more than twice the legal limit of 0.08.

An internal investigation followed his June arrest, resulting in Fogg being released from the NCHP.

Portsmouth Man Arrested For Reckless Driving, Other Charges, After Dragging Cop Alongside Vehicle

Thu, 05 Nov 2009 08:00:00 EST

A man from Portsmouth was arrested on November 3 on several charges, including reckless driving, in relation to a Virginia Beach traffic stop during which police claim he dragged the officer alongside his car as he attempted to flee the scene.

According to police, 30-year-old Christopher Dennis was found at the Greyhound Bus station in Norfolk, where he was attempting to flee Richmond with his wife and child, both of whom police say were also in the vehicle at the time of the incident.

Police charged Dennis with felony assault of a law enforcement officer, felony child endangerment, resisting arrest, and reckless driving.

According to police spokeswoman Margie Hobbs, shortly before noon on November 3, Dennis was pulled over on Euclid Road. When the officer checked his identification, he learned Dennis had warrants issued for his arrest in Virginia Beach for grand larceny, attempted grand larceny, and two counts of conspiracy to commit grand larceny. Hobbs said the officer asked Dennis to exit the vehicle, but instead he drove away. The officer attempted to stop him, but was dragged several feet alongside the car.

The officer received treatment at a local hospital for cuts, bruises, and other injuries not believed to be life-threatening.

At the time of Dennis’ arrest, the warrants related to grand larceny were also served.

Police Chief Who Resigned After DUI Creates PSA

Thu, 05 Nov 2009 08:00:00 EST

Following his arrest for driving under the influence, former Virginia Police Chief David P. Baker has released a public service announcement in hopes of deterring others from repeating his mistakes.

At the time of Baker’s arrest, he had been involved in a fender bender in Arlington County while driving an unmarked car owned by the city. The incident caused his otherwise notable career to be cut short. He now urges others to think twice before doing the same thing he did.

In the wake of his arrest, Baker resigned from his position as chief of police. He now spends time discussing the incident with other officers and even inmates in an attempt to turn a bad situation into a positive outcome.

The brief PSA video, issued by Checkpoint Strikeforce, can be seen on YouTube. The video, entitled “Even a Police Officer” describes Baker’s embarrassment during his fall from grace.

Virginia State Police Stepping Up HOV Violation Enforcement

Thu, 05 Nov 2009 08:00:00 EST

Virginia State Police are stepping up enforcement of HOV rules and catching a lot of violators in the process.

On one morning in October alone, police issued 89 citations in a three hour period along Interstate 95 and Interstate 395. Those violations include two second offenses and one incident of driving under the influence.

Between July 26 and September 12, a total of 2,200 summonses were issued by officers focusing on HOV enforcement in northern Virginia. In 2008, a total of 18,269 summonses were issued by police in northern Virginia for HOV violations.

According to police, the large-scale enforcement efforts will continue. A first offense results in a $125 fine. With each subsequent offense, the fine doubles up to $1,000 for the fourth violation.

Reality Star Stephanie Pratt Formally Charged With DUI

Thu, 29 Oct 2009 08:00:00 EST

Reality TV star Stephanie Pratt has been formally charged with driving under the influence after she was arrested on suspicion of DUI earlier in October.

On October 18, Pratt, who appears on the popular MTV show The Hills, was stopped in Hollywood by police. She was given a breathalyzer test, which she failed, and was subsequently arrested.

According to a report from TMZ.com, Pratt’s blood-alcohol content registered at 0.09 percent, just above the legal limit of 0.08.

Pratt says she promises to take “full responsibility” for her actions. Formal charges were filed against her on October 28.

Buccaneers Offensive Lineman Marcus Johnson Arrested For DUI, Released From Team

Thu, 29 Oct 2009 08:00:00 EST

Marcus Johnson, an offensive lineman for the Tampa Bay Buccaneers, has been released from the team following his arrest for driving under the influence.

According to a Tampa police lieutenant, he discovered Johnson on October 27, sleeping in a car near Raymond James Stadium, where the Bucs play.

The lieutenant then woke the 27-year-old lineman. A DUI investigator reportedly smelled alcohol on Johnson’s breath and police say that his eyes were glassy and when he stoop up without support, he swayed.

Police arrested Johnson, who was released after posting $500 bail.

The team announced his dismissal later that day.

Mother Involved In DUI Crash With Seven Young Girls Pleads Not Guilty

Thu, 29 Oct 2009 08:00:00 EST

Carmen Huertas, the mother at the center of the now infamous New York DUI crash that involved seven young girls, has pleaded not guilty to the charges she is facing.

Huertas is facing a total of 14 charges, including one count of manslaughter for the death of an 11-year-old girl who was a passenger in her vehicle when the crash occurred.

On the day of the incident, the group was en route from a party in Chelsea to a sleepover in the Bronx when Huertas lost control of the station wagon she was driving.

Several members of Huertas’ family were present for her arraignment in the New York state Supreme Court. Huertas herself was not in attendance as she is being held at Elmhurst Hospital. According to officials, she remains there due to being considered a threat to herself and she needs to remain on suicide watch.

Huertas’ bond has been set at $250,000, which her family is not expecting to be able to pay anytime soon, meaning that she will continue to be detained until December 1, her next scheduled appearance in court.

If Huertas is convicted, she faces a sentence of up to 15 years in prison. After the crash, her blood-alcohol content registered well above the legal limit of 0.08. The girls in the vehicle at the time of the crash have served as witnesses against her, in addition to several adult members of the part she had just left.

One of the men at said party may face charges as well if it can be proven that he knew Huertas was intoxicated. According to some reports, the father of one of Huertas’ children removed the child from the car because he believed she was too drunk to drive.

Man Arrested For DUI On Motorized La-Z-Boy Pleads Guilty

Thu, 29 Oct 2009 08:00:00 EST

A man from Minnesota who was arrested in 2008 for driving under the influence on a motorized La-Z-Boy lounge chair recently pleaded guilty to the DUI charge.

On August 31, 2008, 62-year-old Dennis Anderson was arrested after his chair collided with a parked car, according to the police report. His blood was tested, revealing his blood-alcohol content to have been 0.29 percent, more than three times the legal limit of 0.08 percent.

The customized vehicle is powered by an 8-horsepower Kohler lawnmower engine. It has a stereo, headlights, and a built-in cup holder. Anderson even decorated it with a “Hell Yeah It’s Fast” bumper sticker. However, what the vehicle didn’t have was a seat belt.

The motorized chair was controlled by a steering wheel that protruded from its seat cushion. The headrest bore the logo of the National Hot Rod Association.

After Anderson pleaded guilty to the DUI charge, he was ordered to serve 180 days in prison and pay a $2,000 fine. His jail term was stayed in lieu of his successful completion of a two-year supervised probation term.

The chair is to be sold via police auction.

Richmond City Councilman Martin Jewell Arrested For DUI

Thu, 29 Oct 2009 08:00:00 EST

On October 23, Richmond City Councilman E. Martin Jewell was arrested on a charge of driving under the influence, according to Richmond Police.

Jewell’s arrest, which took place at approximately 1:30 a.m., is the most recent of a few months of problems for the 5th District representative. Since being elected in 2004, Jewel had enjoyed a mostly scandal-free career. But that came to an end with his nephew being charged in a shooting on the Virginia Union University campus. No one died, but one student was injured. His nephew’s arrest has since been a fixture in political discussion around him.

No details about Jewell’s arrest were released, but he was released on $500 bond, which likely means it was a misdemeanor charge.

When Jewell was arrested, he was within a mile of his home.

Stanford Study Says Students Not Majority Of Campus DUIs

Wed, 21 Oct 2009 08:00:00 EST

The results of a study of on-campus DUI arrests conducted by the Stanford Department of Public Safety were released. The results show that students do not make up the most dangerous group of drivers.

According to the study, out of 31 Stanford campus DUI arrests in 2008, only seven of the drivers were actually students at the university. However, in 2009, 20 of the 49 DUI incidents involved student. The increase could be due, at least in part, to increased enforcement efforts.

Some have also speculated that dangerous behaviors increase in a down economy. However, despite the recent increase, the study has found that students have not made up a significant portion of campus DUI arrests since the study’s commencement in the late 90s. The findings are consistent with those of other studies across the country that point to lower occurrences of DUI among young people in the past few decades.

College aged students have been long believed to be the drivers most at-risk for DUIs, but more students die from alcohol poisoning each year than due to DUI traffic accidents.

Police Say Two Officer Assaulted By DUI Suspect

Wed, 21 Oct 2009 08:00:00 EST

According to police in Virginia Beach, two officers were injured during a scuffle with a man suspected of driving under the influence on October 17.

Investigators said that 21-year-old Reginald Davis was arrested at approximately 2 a.m. on Virginia Beach Boulevard. He was then transported to the magistrate’s office.

Police said that the magistrate’s office was where Davis began to fight with officers and possibly broke one’s nose.

Davis is faced with multiple charges including DUI, driving on a suspended license, driving without registration, and assault.

Actor Thomas Dekker Involved In DUI Collision With Teen On Bike

Wed, 21 Oct 2009 08:00:00 EST

According to a police report, actor Thomas Decker was arrested for driving under the influence in North Hollywood on October 14 after striking a 17-year-old boy who was attempting to ride his bike past a freeway on-ramp.

The report says that California Highway Patrol officers at the scene say they saw the #2 lane on the on-ramp blocked by a collision that involved a silver Toyota Matrix and a bicycle.

According to the report, the boy was ejected from his bike and fell onto the street. Police say he received hospital transport for minor injuries.

At the time, police believed Decker had been consuming alcohol and arrested him on a charged of DUI resulting in injury to a party involved in a traffic collision.

Police arrested Dekker and took him to Van Nuys jail, where he was released the following morning after posting $100,000 bail.

U.S. Supreme Court Upholds Virginia Supreme Court Ban On DUI Stops Based On Callers' Tips

Wed, 21 Oct 2009 08:00:00 EST

On October 20, the Supreme Court cast some doubt on the legal authority of police to stop drivers suspected of driving under the influence based only on a tip from an anonymous caller.

Chief Justice John G. Roberts Jr. strongly dissented, but the high court allowed a ruling by the Virginia Supreme Court to stand that maintained that police may follow a suspected drunk driver’s vehicle, but may not pull the suspect over until the officer witnesses suspicious activity, such as swerving in a lane.

In his dissent, Roberts noted that hotlines and other services encourage members of the public to report suspected drunk drivers.

The action of the Supreme Court is not a formal ruling; therefore it does not require other states to follow the Virginia Supreme Court ruling. However, the case will likely spawn more legal challenges to police stops solely relying on tips from callers.

The ruling freed Richmond resident Joseph Harris, who was arrested after his green Nissan Altima was reported heading south on Meadowbridge Road. The caller included a partial license plate and his name.

After police stopped Harris, he stumbled out of his vehicle and was noticeably intoxicated as the officer tried to question him. However, the Virginia Supreme Court ruled it an “unreasonable search” to stop and question a driver solely based on a caller’s tip.

Most state courts, including California and Illinois, have upheld the searches based on anonymous tips, provided the vehicle matches the description provided.

Son Of Actor Nick Nolte Arrested On Suspicion Of DUI

Thu, 08 Oct 2009 08:00:00 EST

Brawley Nolte, whose father is actor Nick Nolte, has been arrested in Santa Monica, California on suspicion of driving under the influence, according to police.

The Santa Monica Police Department said that Nolte was arrested on October 8 after striking another vehicle while making a lane change.

Field sobriety tests were administered, which Nolte failed. He was then taken into custody.

Police did not name the controlled substance Nolte has been accused of taking.

As a child, Nolte was in the film “Ransom,” where he played the kidnapped son of Mel Gibson’s character.

Grandson Of NASCAR Founder Bill France Arrested For DUI

Thu, 08 Oct 2009 08:00:00 EST

J.C. France, whose grandfather is NASCAR founder Bill France, was arrested on October 8 in Daytona Beach on charges of driving under the influence and possession of narcotics, according to a police report.

France was released from Volusia County jail later that day after posting $4,500 bond.

On the day of his arrest, the 2007 green Lamborghini France, 43, was driving was stopped shortly after midnight. Authorities believe that he had been racing with 40-year-old Russell Van Richmond, his half-brother. France ran a red light and swerved on the roadway before stopping in a parking lot.

Reportedly, Richmond, who was driving a 2003 Porsche, threatened the arresting officer, saying “This is a mistake for you. I’m a France, we own this city.”

When authorities continued the investigation, Richmond called for their commanding officers, telling them, “You’re done. Your job is over. This is the biggest mistake ever.”

During a search conducted during the stop, authorities discovered containers with “a white cake-like substance,” which gave presumptive positive reactions for cocaine when tested.

Richmond is facing two counts of unlawful possession of a controlled substance, DUI, and two counts of threatening a police officer. He was released after posting $10,500 bond.

France is the son of NASCAR board member Jim France and drives in NASCAR’s Grand-Am Series. Richmond is the son of Jim France’s ex-wife. According to a police report, the two share a Daytona Beach home.

According to NASCAR spokesman Ramsey Poston, France has been suspended indefinitely from all competition and the suspension is not appealable.

Police Officer Accused Of False DUI Arrests Placed On Administrative Leave

Thu, 08 Oct 2009 08:00:00 EST

A police officer from Chicago who has been accused of making false arrests for DUI has been placed on administrative leave.

According to a spokesperson for the Chicago Police Department, Officer Richard Fiorito has been placed on desk duty, pending an investigation by Internal Affairs.

A federal civil rights lawsuit has been filed against Fiorito by a total of 21 people.

Several plaintiffs allege that they were targeted by Fiorito as they were leaving bars in the city’s Boystown neighborhood.

According to a report from Chicago’s ABC7, the Cook County state’s attorney is conducting his own investigation into Fiorito.

Fiorito’s attorney claims the allegations are false.

Williamsburg Man Pleads Guilty To Christmas Eve DUI Collision

Thu, 08 Oct 2009 08:00:00 EST

A man from Williamsburg pleaded guilty to charges stemming from an incident that took place on Christmas Eve in which he struck a 71-year-old woman while his car while driving under the influence.

On December 24, Chadd’s Ford, Pennsylvania resident Irene Carson was attempting to cross Francis Street in downtown Williamsburg when she was struck by a vehicle driven by 39-year-old Mark Francis Schneider.

Schneider was later arrested on charges of DUI and reckless driving. His blood-alcohol content was discovered to have been between 0.15 percent and 0.20 percent, well above Virginia’s legal limit of 0.08 percent, according to court records.

A separate charge of assault and maiming while driving under the influence of alcohol was handed down by a grand jury in July.

When Schneider appeared in Williamsburg-James City County Circuit Court on October 1, the charge of reckless driving was dropped by the prosecution. He pleaded guilty to the charges of felony assault and misdemeanor DUI. Court records say that the DUI was a misdemeanor because it was his first offense.

Carson, who was visiting Virginia for the holiday at the time of the accident, received helicopter transport to the Medical College of Virginia in Richmond with injuries that were considered to be life-threatening, according to Williamsburg Police Maj. Susan G. Geary. She was later transferred to a hospital in Pennsylvania.

Schneider’s sentencing is scheduled for November 24.

Police Say Man Arrested For DUI Left Girlfriend Trapped In Vehicle

Thu, 08 Oct 2009 08:00:00 EST

According to police in Virginia Beach, a man crashed while driving under the influence and then left his girlfriend trapped inside the vehicle, in waist-deep water.

Police say that at approximately 2:30 a.m. on October 2, the vehicle ran off the road and ended up in a ditch on Sandbridge Road.

Crews took more than an hour to extract the woman from the vehicle. She received air transport to Sentara Norfolk General Hospital with injuries not considered to be life-threatening.

The driver, 23-year-old Michael Walck, has been charged with DUI and felony hit-and-run.

Policewoman Arrested On Suspicion of DUI

Tue, 29 Sep 2009 08:00:00 EST

A policewoman in Alton, Missouri was arrested by Madison County, Missouri authorities on suspicion of driving under the influence after being found sitting alone in her personal vehicle.

The officer has been identified as Jennifer Penney, who has been a member of the department for nearly three years.

According to Sheriff’s Department Captain Brad Wells, deputies received a report of a suspicious vehicle parked on a road, which they responded to at approximately 8:30 a.m.

According to Alton Police Chief David Hayes, Penney has been placed on desk duty for the time being.

Man Arrested On Rare "Risking Catastrophe" Charge After DUI In Penn State Tailgate Area

Tue, 29 Sep 2009 08:00:00 EST

A 44-year-old man from Virginia faces a charge of felony “risking catastrophe” after police say he was driving under the influence in a tailgate lot near Penn State’s Beaver Stadium on September 19 and nearly struck several pedestrians, including children.

Penn State University police Sgt. Brian Bittner says it’s not a common charge, but given the condition of the driver, Jeffery M. Chesko, and the conditions around the incident, police decided to charge him with more than just a DUI.

According to police, the incident took place at approximately 2:30 p.m. Police spotted Chesko heading west before turning onto a sidewalk and approaching a grass tailgating area at an approximate speed of 15 mph.

Police say the Chesko’s vehicle didn’t slow down or yield to multiple pedestrians, who had to quickly take evasive action to avoid being hit. They say two young children were pulled out of the vehicles path and the vehicle struck two lawn chairs and ran over a child’s ball.

Upon Chesko’s arrest, police say his speech was slurred and his eyes were bloodshot. He refused field tests or blood tests at the hospital.

Chesko is also facing a charge of misdemeanor reckless endangerment.

Orioles Minor Leaguer And Former UVA Player Arrested For DUI

Tue, 29 Sep 2009 08:00:00 EST

A minor league pitcher in the Baltimore Orioles organization and former player for the University of Virginia has been charged with driving under the influence, according to the Martin County, Florida Sheriff’s Office.

Police arrested 23-year-old Ryan Ouellette after he crashed his pickup truck into a guardrail.

The arrest affidavit says that Ouellette told the deputy who responded to the scene that his tire blew out, causing him to run off the road and collide with the guardrail. However, the deputy said Ouellette’s eyes were bloodshot and his speech was slurred.

According to the affidavit, Ouellette was given a field sobriety test, which he failed, and was arrested.

Ouellette attended Martin County High School before going to college, where he played baseball at Indian River Community College and the University of Virginia. In 2006, he was drafted in round 13 of the Major League Baseball First-Year Player Draft by the Orioles.

Virginia Beach DUI Officer Appeals DUI Conviction

Tue, 29 Sep 2009 08:00:00 EST

A DUI enforcement officer from Virginia Beach has filed an appeal of his conviction for charges of driving under the influence and hit-and-run.

On September 21, Bryan K. Womble was found guilty after a bench trial in Virginia Beach General District Court. He appealed to Circuit Court.

Womble, 37, was sentenced by Substitute General District Court Judge E.L. Turlington Jr. to five days in prison and his driver’s license was suspended for a period of one year. Womble was also ordered to have an ignition interlock device installed on his vehicle for six months, attend alcohol safety awareness classes, and pay fines of $500.

On June 20, Womble was arrested while not on duty. According to the prosecution, his vehicle struck another and failed to stop.

Womble was a member of a team specializing in enforcement of DUI laws. He was placed on administrative duty after his arrest.

Doctor Charged With DUI, Second-Degree Murder In Fatal Crash

Fri, 18 Sep 2009 08:00:00 EST

In Raleigh, NC, a doctor is facing a charge of murder in a DUI crash that killed a ballet dancer from Winston-Salem, NC on September 11. According to authorities, he had been drinking during the afternoon prior to the crash.

On September 16, sources told Raleigh’s WRAL News that 40-year-old Dr. Raymond Dwight Cook played golf and drank at the Raleigh Country Club before heading to Piper’s Tavern in north Raleigh before getting behind the wheel.

According to Raleigh police, Cook was traveling at a rate of 90 mph in a 45-mph zone when he struck a vehicle driven by 20-year-old Elena Bright Shapiro from behind.

Authorities would not officially comment about Cook’s actions or whereabouts on the afternoon of the crash and the country club’s chief operating officer, Christian Anastasiadis also would not comment.

The co-owner of Piper’s Tavern, Jimmy Powers, said that Cook was only served two drinks before the decision was made to cut him off and he left the bar at approximately 8:15 p.m. The crash occurred about 15 minutes later.

Cook is facing charges of second-degree murder, DUI, and reckless driving. He was released on $250,000 bond.

Former Lions Receiver Charles Rogers Arrested For Suspected DUI

Fri, 18 Sep 2009 08:00:00 EST

Charles Rogers, former receiver for the Detroit Lions, has been arrested on a charge of driving under the influence.

On September 16, the 28-year-old former football star was arrested after refusing a Breathalyzer test, according to police. The results of a blood test are pending.

The day after his arrest, Rogers was arraigned on charges of operating while intoxicated and operating without a valid license. He was ordered held on $50,000 and had no attorney on record with the court. A partial conference is scheduled for September 21.

Both of the charges are misdemeanors and carry a penalty of up to 93 days in prison and/or a $500 fine each.

Rogers, who was chosen second overall in the 2003 NFL draft, served a 30-day prison sentence, with credit for 15 days, earlier this year rather than staying in an intensive counseling program after violating probation in a domestic violence case.

Authorities say that on the day of his arrest, he was discovered “non-responsive behind the wheel” of a 2003 Mercedes that was still running and still in gear in a left-turn lane.

The police report said that Rogers refused to respond to requests to open the vehicle’s locked doors, requiring fire officials to gain entry through the vehicle’s sunroof.

Rogers has struggled with sobriety in recent years. During the summer, he was interviewed by ESPN’s “Outside The Lines” and spoke of getting clean and turning his life around.

Weyers Cave Woman Found At Home After Fleeing From DUI Crash

Fri, 18 Sep 2009 08:00:00 EST

A woman from Weyers Cave was arrested on September 14 on charges of drunken driving (DUI) and hit-and-run after police say she crashed her vehicle and fled on foot.

According to the Virginia State Police, 47-year-old Ramona D. Valentine was westbound on Captain Shands Road toward U.S. 11 south of Mount Crawford when her sedan went off the right side of the road, struck a fence, and overturned.

Valentine, who was not believed to be seriously injured, fled before a trooper arrived at approximately 1 a.m., VSP 1st Sgt. Bryan Hutcheson said. He said she was the only occupant of the vehicle and no other vehicles were involved.

Police say the trooper who responded to the scene located Valentine at her home shortly after the wreck, based on the vehicle’s registration.

According to Hutcheson, Valentine had a blood-alcohol content that was “well over” the legal limit of 0.08.

Court records show that this was the second charge of DUI against Valentine within the past five years.

Police Considering Drawing Blood From DUI Suspects

Fri, 18 Sep 2009 08:00:00 EST

The National Highway Traffic Safety Administration may take a cue from several states and begin encouraging police departments to have officer draw blood from drivers suspected of driving under the influence who refuse to submit to a breathalyzer test.

The U.S. Supreme Court ruled in 1966 that police could forcibly administer blood tests on DUI suspects if the test was conducted after an arrest, was carried out properly, and was based on reasonable leads, according to the Associated Press. Police began to regularly implement this practice in 1995 in Arizona.

A deputy prosecutor in Idaho said the intention of the practice of drawing blood is to reduce the number of DUI suspects who bring their cases to court by refusing a breathalyzer test.

Alan Haywood, a law enforcement coordinator in Arizona who currently directs blood test training programs in Idaho and Texas, says that since the program began, the rate of drivers refusing chemical testing has seen a “significant” decline.

However, DUI defense attorneys say that police departments should be concerned that the practice could lead to malpractice cases if a blood test is administered by someone who lacks the proper training.

According to research conducting by Mothers Against Drunk Driving, one DUI arrest is made for every 88 episodes of driving with a blood-alcohol concentration above the legal limit.

Traffic Judge Pleads Guilty To DUI Charges

Mon, 07 Sep 2009 08:00:00 EST

A judge in Peoria County, Illinois has been ordered to pay a fine of nearly $2,000 after pleading guilty to driving under the influence.

On September 3, Associate Judge Albert Purham Jr. pleaded guilty to charges of DUI and improper lane usage. Police say his blood-alcohol content was measured at more than the legal limit of 0.08 percent after being stopped on June 27.

In addition to the fine 52-year-old Purham paid, his license was suspended for six months and he is required to have a monitoring device installed in his vehicle if he is granted a driving permit before the suspension is lifted.

After being arrested, Purham was removed from his position as a traffic judge in Peoria County and was reassigned to one of the two divorce courts in the county.

New Evidence Results In Delay In DUI Manslaughter Trial Of Former Yankee Leyritz

Mon, 07 Sep 2009 08:00:00 EST

The DUI manslaughter trial of former New York Yankee Jim Leyritz has been postponed due to a videotape which calls the time of the crash into question surfacing.

On September 4, Judge Marc Gold agreed to delay the trial until December or January.

In the video, the victim, 30-year-old Fredia Ann Veitch, is shown driving past a surveillance camera in Fort Lauderdale Florida at 3:08 a.m., which is 10 minutes before the prosecution says the crash took place.

According to Leyritz’s attorney, the new evidence presented by the video, “changes everything.”

According to the prosecution, Leyritz was driving drunk and ran a red light in downtown Fort Lauderdale at about 3:19 a.m. on December 28, 2007, killing Veitch, a mother of two.

Leyritz’s attorney says that if the accident had occurred earlier, the alcohol would have had less time to take effect and Leyritz would have been less drunk than the prosecution claims.

Leyritz’s blood-alcohol content was measured at 0.14 percent, nearly twice the legal limit of 0.08.

Actress Lori Petty Given Five Years Probation For DUI

Mon, 07 Sep 2009 08:00:00 EST

On September 4, actress Lori Petty pleaded non contest to charges of misdemeanor driving under the influence and was sentenced to five years probation.

The 45-year-old actress issued a written statement afterward “sincerely” apologizing and promising it would be the last time she would be arrested for the charge.

On May 30, Petty was arrested after a skateboarder was struck by a vehicle in the Venice Beach, California area, according to authorities.

Petty has starred in such films as Point Break, Tank Girl, and A League of Their Own.

Alleged Drunk Driver Kills Grandmother, 2-Year-Old Boy In Prince William County

Mon, 07 Sep 2009 08:00:00 EST

Early on the morning of September 4, a woman from Northern Virginia and her grandson died in a crash that Prince William County Police say was caused by a man driving under the influence.

Police have charged 26-year-old Stafford resident William John Mallory with DUI and are holding him without bond.

According to Susie Delgado, she was driving her family home from a vacation in Tennessee when she stopped at a red light on Prince Williams Parkway at University Boulevard at around 1 a.m.

Police said that at that time, the Ford Explorer Mallory was driving collided with Delgado’s vehicle, causing it to go flying off the roadway, cross a field, and land on a boulder.

Delgado said that when she woke after the crash, she found her mother, Rebecca Sacra, and her 2-year-old son, Jonathan, both dead. A 12-year-old nephew was also injured in the crash and remains hospitalized.

Virginia Court Of Appeals Overturns DUI Conviction Based On Melendez-Diaz

Mon, 07 Sep 2009 08:00:00 EST

On September 1, the Virginia Court of Appeals reversed a conviction for driving under the influence, citing Melendez-Diaz v. Massachusetts.

The appellate court’s decision in Grant v. Commonwealth is the first in Virginia since Melendez-Diaz was decided by the U.S. Supreme Court in late June. At the time of the Melendez-Diaz decision, the Grant case was pending and the Court of Appeals asked for supplemental briefs in light of the case.

The Court of Appeals panel found that state law makes testimonial the certificate submitted by the person administering a breath test, even though “there is no constitutional requirement that the factual predicates in Virginia Code Sec. 18.2-268.9 be established prior to the admission of the results of the test.”

In a special session of the legislature called in August to address Melendez-Diaz, the General Assembly attempted in House Bill 5007 to make breathalyzer accuracy a matter of maintenance for the Department of Forensic Science instead of an element of proof in the prosecution’s case.

The appellate court made note that in the case, the Fairfax County Public Defender’s Office had followed the proper procedure outlined by the state Supreme Court in Magruder v. Commonwealth by notifying the prosecution that it wanted the commonwealth to summon the preparer of the certificate for cross examination at the expense of the commonwealth.

However, the prosecution did not summon the preparer, who did not testify, and the defense objected to the certificate’s admission. The trial judge ruled that it had properly been admitted under Code Sec. 19.2-187.1, which requires that the defense subpoena the breath test operator and present him as a witness in the defense case, albeit as an adverse witness and at the prosecution’s expense.

Toyota Developing Anti-DUI Gadget

Mon, 07 Sep 2009 08:00:00 EST

According to Toyota Motor, the company is currently developing anti-drunk driving (DUI) equipment that would lock a vehicle’s ignition if high levels of alcohol are detected in the driver.

The company said the system would feature a hand-held breathalyzer, equipped with a digital camera, which detects alcohol consumption and photographs the driver’s face for identification.

Toyota says that upon a positive test, the system would either warn the driver, or lock the ignition, depending on the level of alcohol detected.

Currently the automaker is conducting tests with affiliate truck maker Hino Motors and plans to install the equipment in selected trucks and other vehicles of fleet customers, including companies and government organizations.

The company says the device would alert fleet administrators if the driver is detected with excessive alcohol levels.

Currently, Nissan Motor is also developing equipment similar to the equipment Toyota is designing. Earlier this year, several U.S. state passed legislation requiring that drivers convicted of DUI install breathalyzer ignition locks in their vehicles.

Virginia And Ignition Locks For Repeat DUI Offenders

Mon, 31 Aug 2009 08:00:00 EST

In response to deaths and injuries related to drinking and driving, the Virginia General Assembly has enacted tighter laws regarding driving under the influence.

One major change associated with the tighter laws is that repeated offenders are required to have an ignition interlock installed on their vehicle. Specifically, if a driver violates the 10 year no tolerance statute, he or she has to have the device installed after a license suspension. Recently, Virginia decided to extend the no tolerance period to 10 years instead of the original period of five years.

The license suspension for repeat DUI offenders remains at three years. However, in order to regain driving privileges, the driver will have to have the device installed for a six month period. Driving a vehicle without one will make the driver subject to a Class 1 misdemeanor and up to 12 months in jail and more than $2,000 in fines.

These legislation changes have been in effect since January 1, 2009. Virginia is among a growing number of states that require the use of ignition interlock devices. However, each state has implanted the policy in a different manner. Some states, such as California, leave the decision of whether or not a device should be installed up to a judge.

Interlock laws such as these could soon become obsolete as advances are made in GPS and tracking systems in cars. Nissan has already introduced a concept car that detects if a driver is drunk by monitoring his or her pupils and response time.

Ignition interlock devices can be expensive for drivers, totaling nearly $1,500 per year on average.

Augusta County Man Sentenced To One Year For DUI Involuntary Manslaughter

Mon, 31 Aug 2009 08:00:00 EST

On August 27, a man from Augusta County was sentenced to one year in jail after pleading guilty to DUI involuntary manslaughter.

Jason Steidel pleaded guilty to the charge in April.

On December 12, 2007, Steidel was involved in a fatal crash in which Timothy Moran died.

According to police, at the time of the crash, Steidel was driving under the influence and was traveling at a speed of more than 100 miles per hour. He lost control of the vehicle he was driving and it overturned and struck a tree.

Sentencing guidelines for Virginia call for probation. However, due to a life being lost in the crash, the judge determined the guideline to be insufficient.

Marcus Vick Sentenced To 20 Days For Violating DUI Probation

Mon, 31 Aug 2009 08:00:00 EST

According to a report from The Virginia Pilot, Marcus Vick, the troubled former Virginia Tech quarterback, was sentenced to 20 days in jail on August 27 after he violated his probation stemming from an offense for driving under the influence.

Vick, who is the younger brother of NFL quarterback Michael Vick, also a troubled former Hokie, was found guilty of DUI, eluding police, and a traffic infraction in October of last year. He was sentence to 12 months in prison, which was suspended under the conditions that he pay a fine, complete an alcohol awareness program, and keep away from drugs and alcohol.

Vick, who was kicked off of Virginia Tech’s football team before his senior season due to legal trouble, tested positive for marijuana at a screening, failed to appear at multiple appointments with alcohol counselors, failed to appear for multiple urine screenings, and failed to pay his fines until August 27.

Police took Vick into custody after the hearing. His attorney says he plans to file an appeal.

Nuggets' Balkman Arrested For DUI

Thu, 27 Aug 2009 08:00:00 EST

On August 22, Renaldo Balkman, reserve forward for the Denver Nuggets, was arrested in Florida on suspicion of driving under the influence.

According to a police report from the Hillsborough County, Florida Sheriff’s Office, the 25-year-old basketballer was arrested by police from Temple Terrace, Florida at approximately 4 a.m. after refusing to submit to a blood-alcohol test.

Balkman posted $500 bond and was released.

Mark Warkentien, an executive for the Nuggets, said that the team was aware of the arrest but would not comment further “out of respect for the legal process.”

Balkman, who has only been with the team for one season, averaged 5.0 points and 3.8 rebounds last season.

Legislature Approves Melendez-Diaz Fix

Thu, 27 Aug 2009 08:00:00 EST

After an afternoon filled with wrangling, legislative conferees finally came to an agreement on a legislative response to Melendez-Diaz v. Massachusetts on August 19.

In June, the U.S. Supreme Court came to a 5-4 decision in that case that prosecutors generally must present the analyst who prepared a report unless the defendant has been given notice of the prosecution’s intent to rely on the report and waives the technician’s appearance.

Prosecutors, legislators, and Department of Forensic Science officials expressed fears that drug case prosecution would grind to a halt if the General Assembly did not make changes.

Two major components of the House Bill 5007 and Senate Bill 5003 fixes were agreed upon quickly.

One of those components set up a “notice and demand” procedure cited approvingly in Melendez-Diaz. Under that system, a defendant would be notified by the prosecution of their intent to use a sworn statement by the analyst instead of requiring that the analyst appear in court to testify. The defendant can then either demand that the analyst appear and be subject to cross examination.

The other component extends Virginia’s speedy trial requirements by 90 days if a defendant is locked up and 180 days if he is on bond to allow the prosecution to ensure that a technician will be available to testify. Currently, a case is generally required by state law to go to trial within five months of a determination of probable cause if a defendant is locked up and nine months if he is free.

The more difficult issue was determining how to excuse the three technicians who inspect and maintain the state’s breathalyzers from any requirement that they have to testify.

The legislation’s attempt to do so would eliminate admission of the certification of the reliability of the machine from an element of the prosecution’s proof and making the reliability a matter of maintenance for the Department of Forensic Science.

The snap occurred when some members of the Senate Courts of Justice insisted that the legislation still show that the prosecution still had the burden of proof on reliability, but their counterparts in the House insisted that such a provision would still require live testimony from the technician. The final bill reflects the view of the House.

Former Alexandria Police Chief Baker Pleads Guilty To DUI

Sun, 16 Aug 2009 08:00:00 EST

David P. Baker, the former Alexandria police chief who resigned after being charged with driving under the influence, pleaded guilty to the DUI charge on August 14 and is expected to turn himself in to the Arlington County jail to serve a five-day sentence.

Baker’s plea before Arlington General District Court Judge Dorothy H. Clarke was in relation to his DUI arrest on July 25 after his city-issued Ford Explorer was involved in a collision with another vehicle in Arlington County. He then failed a series of sobriety tests.

According to Arlington records, Baker’s blood-alcohol content was measured to be 0.19 percent, more than twice the legal limit of 0.08.

Three days after his arrest, Baker retired from the Alexandria Police Department, bringing his 40-career to a close. He has not publicly said what he did prior to the crash, but he accepted responsibility for his actions, rather than enduring an internal investigation.

As part of Baker’s plea agreement, he has been sentenced to 180 days in jail and fined $1,500. The judge suspended 175 days of the sentence, meaning Baker will serve the mandatory five-day minimum sentence for driving at such a high level of intoxication. All but $300 of the fine was also suspended, and Baker has been ordered to attend the county’s Alcohol Safety Action Program for DUI offenders. His license was also suspended for a year.

On the same day Baker entered his plea, Arlington police announced the department would be participating in an intensive national campaign against drunken driving that runs from August 21 to September 7 called “Drunk Driving. Over the Limit. Under Arrest.” Police announced that their focus would be drunken driving during high-risk nighttime hours, which is coincidentally when Baker was arrested.

Driver Charged With Reckless Driver After Hitting Worker On U.S. 29

Sun, 16 Aug 2009 08:00:00 EST

According to Sgt. C.W. Owen of the Virginia State Police, Hurt resident James Wainwright has been charged with reckless driving after striking a contract worker with his vehicle on U.S. 29 at approximately 11:45 a.m. on August 10.

On the day of the incident, Wainwright was driving in a Chevy Lumina when he went off the right side of U.S. 29, collided with a guardrail, and struck the worker, a resident of Winterville, North Carolina. The man was picking up trash where his business was mowing.

Wainwright’s vehicle also collided with a pickup truck along the shoulder of the highway and pushed it into the guardrail.

The victim received air transport to Lynchburg General Hospital after the crash.

Singer George Michael Arrested On Suspicion Of DUI

Sun, 16 Aug 2009 08:00:00 EST

Only two months after he got his driver’s license back, singer George Michael was arrested early on the morning of August 15 on suspicion of driving under the influence.

The singer was held for nearly five hours at a police station in Berkshire, a London suburb, after he rear-ended a truck with his Range Rover.

Laurie Rowe, the driver of the truck hit by Michael’s vehicle, said that the collision was so forceful that “I knocked my rear axle two feet up in the air.”

Rowe noted that Michael seemed “totally dazed” at attempted to climb into the cab of her truck, saying he was concerned he’d go to jail.

Michael was arrested in 2006 after being discovered behind the wheel of a parked Mercedes while intoxicated. He later admitted he’d been abusing prescription drugs and was not fit to drive. His license was revoked and he pleaded down to 100 hours of community service.

Michael’s official spokesman called the arrest “rubbish,” but would not further comment on the situation.

DUI Numbers Show Increase Among Women

Sun, 16 Aug 2009 08:00:00 EST

Drivers are regularly stopped by officers who ask them if they’ve been drinking. Some of those drivers are asked to take sobriety tests. And some of those drivers are arrested for driving under the influence.

According to law enforcement officers across the U.S., they are beginning to notice a new trend: a growing number of women are being arrested for DUI.

According to a wave of new studies, there has been a surge in alcohol abuse among women. Government statistics show that 39 percent of young women now engage in binge drinking, which is a 30 percent increase since 1979.

Despite groups such as Mothers Against Drunk Driving, more women who drink are getting behind the wheel.

Researchers say that even though statistics still show that men drink more than women and are responsible for more DUI cases, the difference is shrinking. In 2007, the number of women arrested for driving under the influence of alcohol or drugs was 28.8 percent higher than in 1998. The number of men arrested in 2007 was 7.5 percent lower than in 1998, according to FBI figures that cover about 56 percent of the U.S.

Former Warrant Frontman Jani Lane Pleads No Contest To DUI

Sun, 02 Aug 2009 08:00:00 EST

Jani Lane, the former front man for the band Warrant will be heading to jail after pleading no contest to driving under the influence in Hollywood.

After pleading no contest to one count of misdemeanor DUI from a June incident in which he collided with a parked car, Lane will spend two mandatory days in jail.

As part of the plea deal Lane and authorities reached, in which a hit-and-run charged was dropped, Lane is to serve 36 months probation, complete three months in alcohol education classes, and report for 30 days of Caltrans road work.

Lane has also agreed to a payment of more than $395 in fines. However, that part of the deal comes with the catch that if he fails to pay the fine, he can opt to serve 13 additional days in jail instead.

Former Jaguars Receiver Jimmy Smith Pleads No Contest To DUI

Sun, 02 Aug 2009 08:00:00 EST

On July 29, Jimmy Smith, former wide receiver for the Jacksonville Jaguars, pleaded no contest to three charges stemming from an arrest for driving under the influence in August 2008.

Smith was sentenced to 12 months probation, 50 hours of community service, and payment of $1,100 in fines and court costs.

The judge told Smith that he wanted his community service time spent speaking with children and youth groups, instructions Smith said he plans to follow.

“Addiction is a disease. I am going to be the one who beats it,” said Smith, who has spent 90 days in a Houston, Texas rehabilitation center.

Smith pleaded no contest to charges of DUI, possession of marijuana, and possession of drug paraphernalia that came about from an arrest on August 28, when he tried to drive around a DUI checkpoint.

The judge found Smith guilty of DUI, but withheld adjudication on the other charges.

Smith was also ordered to enroll in a DUI school and participate in a victim impact panel. His license was suspended for 180 days and he was ordered not to consume alcohol or use any drugs.

The judge modified the standard community service sentence and asked that Smith speak with school children and youth groups. He runs Jimmy Smith Athletics, which is an organization that mentors to youngsters and teaches them football and basketball fundamentals.

In 2005, Smith retired from football after leading Jacksonville with 70 catches for 1,023 yards and six touchdowns. He ranks among the NFL’s all-time leading receivers with 862 catches for 12,287.

Smith still faces felony charges of possession of cocaine, marijuana, and drug paraphernalia and driving on a suspended license from an April arrest. His attorney said that the state had made him an offer on those charges, which he would decide on before his next appearance in court.

Campbell County Man Cleared Of Child Endangerment Charges In DUI Case

Sun, 02 Aug 2009 08:00:00 EST

On July 22, a man from Campbell County who was charged with his fourth offense for driving under the influence in January, in addition to driving recklessly 23 mph over the speed limit with his toddler and infant in the back seat, was cleared of child endangerment charges.

Campbell County Deputy R.S. Layne testified in court that 31-year-old Rustburg resident Christopher Shane Litchford was pulled over at approximately 5 p.m. on January 16. He said that in the back of Litchford’s car at the time were his 2-year-old and 3 ½-month-old children.

Litchford was found guilty of his fourth DUI in 10 years and driving on a revoked license in a short bench trial before Judge John Cook.

Cook dismissed two charges of felony child endangerment against Litchford, saying that the DUI alone was not sufficient to show that Litchford had committed a “willful and wanton” act needed to prove he’d endangered his children.

Layne testified that he stopped Litchford after spotting hi driving 58 mph in a 35 mph zone on Lynbrook Road. He said that when Litchford was later given a breath test in Lynchburg, his blood-alcohol content measured to be 0.10 percent, above the legal limit of 0.08 percent.

Layne testified that, other than speeding, he did not see Litchford weaving or driving erratically. He also said that Litchford immediately pulled over after he got behind him. The judge cited this testimony in dismissing the endangerment charges.

Assistant Commonwealth’s Attorney Sally Steel said that this is the second similar DUI child endangerment case within the month of July to be dismissed in Campbell County Circuit Court due to the judge ruling there to have been insufficient evidence to prove the driver had done more than drive drunk with children in the vehicle.

Cook noted that Litchford had been convicted of DUI with children in the car, which carries an enhanced penalty.

Virginia law says that a person convicted of a fourth DUI within a 10 year period is required to serve at least one year in prison and pay a fine of $1,000. An additional five days in jail and minimum fine of $500 are added for drivers convicted of DUI with child passengers.

Cook said that the reckless driving and DUI charges were exclusive in his dismissal of the reckless driving charge.

Remote DUI Monitoring Program Finds Success In Loudoun County, Fairfax Could Be Next

Sun, 02 Aug 2009 08:00:00 EST

Thousands of people are convicted of driving under the influence in Virginia each year, with tax payers footing the bill for them to sit in prison. However, an alcohol monitoring program in Loudoun County has saved more than $1 million.

In May of 2008, the county began to use the Secure Continuous Remote Alcohol Monitoring (SCRAM) system. Since the program was enacted, more than 70 alcohol-related offenders have worn the anklet and according to county officials, the program saves money each day.

According to Ted McDaniel, Director of Loudoun County Community Corrections, the cost to keep an inmate in the local jail is about $160 each day. He says that amount is obviously saved if that person is not in jail.

Currently there are 10 people in Loudoun County wearing SCRAM devices, which is saving the county $1,600 in prison expenses each day the offenders remain sober.

McDaniel says the county spends no money on the system, as the offenders are forced to pay for it themselves.

According to McDaniel, monitoring habitual offenders can typically be difficult due to alcohol leaving the body within 24 ours. SCRAM immediately alerts officials if alcohol is consumed.

The SCRAM bracelet monitors a person’s sweat, much like a breathalyzer. It is constantly worn around the ankle and sends a remote signal to a modem. Each person’s blood-alcohol content is measured by analysts all day, everyday. It also has tamper detection features in order to ensure that offenders don’t remove it.

After seeing the success of the SCRAM program in Loudoun County, officials in Fairfax County are also considering adopting the program. Supervisor Pat Herrity has spoken out in support of the system, but it will be up to the decision of the Chief Justice whether or not courts can order alcohol offenders to wear the SCRAM anklets.

Virginia Beach Man Arrested For DUI, Other Charges After Multi-City Chase Ends In Crash

Wed, 29 Jul 2009 08:00:00 EST

On July 14, police charged a Virginia Beach man with several offenses, including abduction and driving under the influence, after a chase that spanned multiple cities and eventually ended with a crash in Newport News.

After the crash, 43-year-old Danny Jo Hedrick received transport to Riverside Regional Medical Center. As of July 15, he was being held in the Newport News City Jail.

Police charged Hedrick with abduction, firearm use, possession of firearm by a felon, felon habitual offender, felony evading, DUI, and several other offenses, including two separate collisions with Virginia State Police cars, according to Chesapeake police spokeswoman Dorienne Boykin.

Hedrick was the only person to suffer injuries in the chase, which began in Chesapeake and ran through Norfolk, Hampton, and Newport News.

At approximately 11:15 p.m., police spotted a Ford Explorer leaving the parking lot of the Tinee Giant in Chesapeake with a defective tail light. Boykin said that the officer saw the vehicle run over a concrete barrier as it was leaving the parking lot. She said the officer then saw the vehicle run a red light and increase its speed. She said the officer believed the driver to be intoxicated.

An officer was not able to stop the Explorer at the intersection and Old Atlantic Avenue in Chesapeake. The vehicle stopped to allow a 32-year-old man at the intersection of Ohio Street and Chesapeake Driver.

The man who exited the vehicle said that he met Hedrick for the first time when he asked him for a ride from the Tinee Giant, according to Boykin. Police say that at first, Hedrick would not allow the man to get out and pointed a gun at him during his time in the vehicle.

The chase went along Interstates 464, 264, and 64 before Hedrick finally lost control and crashed the Explorer at the Jefferson Avenue exit on I-64 in Newport News.

Virginia Beach Officer Who Charged Bruce Smith Awaits Own DUI Trial

Wed, 29 Jul 2009 08:00:00 EST

Virginia Beach police officer Bryan Womble, the officer who charged retired NFL star Bruce Smith with driving under the influence, is awaiting his own trial for a DUI charge in addition to a hit-and-run charge, which is set to begin in September.

On June 20, Womble was charged with DUI after the Mitsubishi he was driving collided with another car on Pacific Avenue while he was off-duty, according to court records. Records show that he failed three of the four sobriety tests conducted and his blood-alcohol content was measured at 0.15, nearly twice the legal limit of 0.08.

Womble’s case was continued on the morning of July 27 when his attorney told a judge that he required more time to examine the evidence.

Since Womble’s arrest, he has been placed on administrative duty. When he testified at Smith’s July 9 trial, he was wearing a dark suit rather than his police uniform.

Smith, who was convicted on charges of speeding, DUI, and refusal to submit to a breath test, has filed an appeal and a new trial is set to begin in Circuit Court on August 27.

Womble is one of eight police officers in Virginia Beach who specialize in enforcing drunken-driving laws.