May 09, 2008

Document Library

On the page below you can find links to documents, reports, publications and discussions provided by Robert E. Battle, P.C..

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Contact us for a consultation today.

• DUI Defense for Drivers in Virginia

• Traffic Law Violations

• Legal Defense for Criminal Defendants in Virginia

• Personal Injury Representation for Virginia’s Injured

• General

DUI Defense for Drivers in Virginia

• DUI charges against NFL Star McAlister dismissed in Virginia
  Desc: Bob Battle was successful in getting DUI and Refusal charges dismissed in Fairfax VA against Baltimore Ravens Pro Bowl cornerback Chris McAlister

• Free DUI - Driving While Intoxicated - Drunk Driving Consumer Guide

• Prosecutors mistakenly convince jurors the Breathalyzer Test is the standard in determining DUI

• Minnesota Supreme Court Upholds Trial Court's Decision Requiring State to Reveal Intoxilyzer 5000 Source Codes [PDF]
  Desc: Minnesota Supreme Court Upholds Trial Court's Decision Requiring State to Reveal Intoxilyzer 5000 Source Codes.

• Minnesota Law making purchases property of state [PDF]
  Desc: Minnesota Law making purchases property of state at issue in DUI source code case

• Roadside Sobriety Tests: The Basics
  Desc: The police use standard roadside sobriety to help solidify their cases in court. Here are a few of them.

• Ex-Major Leaguer Pleads Not Guilty to Latest DUI Charge

• Illinois Supreme Court HGN Test Opinion 2007 [PDF]
  Desc: The Illinois Supreme Court ruled that the "follow the pen with your eyes" test, the Horizontal Gaze Nystagmus test, is NOT generally accepted in the relevant scientific community.

• Kentucky Court of Appeals upholds ruling requiring Breath Machine Maker to reveal source code [PDF]
  Desc: The Kentucky Court of Appeals has upheld a ruling that the manufacturer of the Intoxilyzer 5000 (the same breath machine used in Virginia) must reveal its source code. The source code is basically the computer software program used on the machine.

• CMI Inc., Intoxilyzer 5000 Manufacturer, Must Reveal Source Code

• Public Outrcy Forces Assembly to Repeal Abusive Driver Fees

• How Drinking Alcohol Affects Your Blood Alcohol Content (BAC)
  Desc: How Drinking Alcohol Affects Your Blood Alcohol Content (BAC)

• Ex-Prosecutor Bob Battle Reveals: 8 Secrets Your Prosecutor Doesn’t Want You To Know About Your Virginia DUI
  Desc: Ex-Prosecutor Bob Battle Reveals:
  8 Secrets Your Prosecutor Doesn’t Want
  You To Know About Your Virginia DUI

• "Merry Christmas! You're Under Arrest!" A History Of Sobriety Checkpoints
  Desc: Despite being a violation of our fourth amendment rights, the Supreme Court ruled that sobriety checkpoints are okay. How did this happen? Bob Battle explains.

• DUI conviction based on blood alcohol concentration after driving [PDF]
  Desc: HB 3049 Proposed bill regarding DUI conviction based on blood alcohol concentration after driving.
  Substitutes "at any time after driving" for "while driving" in the DUI statute to describe the point in time at
  which a concentration of .08% alcohol in the bloodstream is sufficient for conviction.

• A proposed change to DUI laws in Virginia would change the current requirement of proof of a BAC of .08 or above while driving [PDF]
  Desc: Virginia DUI laws
  BAC

Traffic Law Violations

• Henrico Circuit Court Opinion Ruling Abuser Fees are Constitutional [PDF]
  Desc: Circuit Court Opinion Ruling Civil Remedial Fees are Constitutional

• Virginia Civil Remedial Fees Ruled UNCONSTITUTIONAL by Henrico County General District Court Judge- READ FULL OPINION [PDF]
  Desc: 2007_08_02 Opinion of Henrico County General District Court declaring Civil Remedial Fees for traffic offenses unconstitutional.

• Copy of Motion filed in Henrico County to declare Civil Remedial Fees Unconstitutional [PDF]
  Desc: Motion filed in Henrico General District Court seeking to declare Civil Remedial Fees Unconstitutional.

• Guide to Virginia 'Civil Remedial Fees' law for DUI & Reckless Driving [PDF]
  Desc: In House Bill 3202, the transportation funding bill, the Assembly established a new system of “civil remedial fees,” the purpose of which is “to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth.”

• Virginia Police Can't Arrest for Driving on Suspended [PDF]
  Desc: Moore v. CW- VA Supreme Court holds that Virginia law requires that police issue Summons for Driving on Suspended license and that arrest was improper.

• Virginia Courts Rule that Police Can't Arrest for Driving on Suspended and Escape from Police not Unlawful [PDF]
  Desc: In Cross v CW- Virginia Court of Appeals cites case stating that police may not arrest for Driving on Suspended and that Motorist who fled from police was resisting an unlawful arrest, which is not unlawful in Virginia.

Legal Defense for Criminal Defendants in Virginia

• Games Detectives Play: Common Police Questioning Methods
  Desc: Getting accused of a crime can be a terrifying event. The fears and insecurity that you feel can be compounded by the questioning tactics of the police. Law enforcement officials have some methods that they use while questioning you, and most of them are designed to get you to waive your right to an attorney.
  
  Bob Battle is a top-rated criminal defense lawyer in Virginia, and he knows that having legal counsel present during questioning is crucial for a successful outcome.
  
  If you or a loved one has been charged with a crime, call Bob Battle today.

• Virginia manslaughter conviction overturned because police withheld discovery [PDF]
  Desc: The Supreme Court of Virginia has held that the failure of police officers to provide potentially helpful information to a defendant who was originally charged with murder and convicted of voluntary manslaughter was a violation of the defendant’s constitutional rights. The manslaughter conviction was reversed and the case was sent back for retrial for an offense no greater than voluntary manslaughter.

Personal Injury Representation for Virginia’s Injured

• DC Transit: Who is behind the wheel?
  Desc: It has been a dangerous and deadly few months for the commuters of Washington, D.C.
  
  Since November of 2006, citizens of the D.C. metropolitan area have seen train derailments, transit worker deaths, fires on the rail lines, and multiple accidents involving Metro buses that have resulted in fatalities.

• Progressive Insurance: Investing in Art, but not Customer Service
  Desc: Progressive Insurance spends millions of dollars on art every year.
  
  How much did they spend on your insurance claim?

• Games Insurers Play
  Desc: Insurers have a few tried and true methods for getting out of their financial obligations. These include recording every conversation and getting your signature as quickly as possible.

General

• Virginia Lawyer's Weekly Ad [PDF]

• Tort Reform Bonanza: The $54 Million Pants Case
  Desc: When reasonable people get mad, they often do unreasonable things. This is why tort reform groups routinely grab onto and publicize overblown and ridiculous lawsuits like the $54 Million Pants lawsuit.
  Their hopes are that you'll get mad enough to limit your own access to the courts.

• Bob Battle Law NEWSLETTER Archive [PDF]
  Desc: Archive of Bob Battle's popular and entertaining email newsletters

• Insurance Company Tactics
  Desc: Insurers make money through minimizing their liability. That means delaying and saying no. Here are some standard tricks of the trade that insurers use to keep from paying out on a claim.

• Virginia Legal Resources
  Desc: Virginia Court case information

• Moore v CW [PDF]
  Desc: Traffic Stop
  Reasonable Suspicion to Stop

• Tort Reform: Do As I Say, Not As I Do
  Desc: The Center for Justice and Democracy has compiled an interesting list of some of the more lawsuit-happy members of the Tort Reform movement. The names on the list may surprise you.

• Code of Virginia Searchable site that provides access to Virginia code.
  Desc: Code of Virginia- searchable

• Legislative Information System Includes bill tracking, browsing and searching, a comprehensive subject index of bills, resolutions and documents, and state code searching.
  Desc: Legislative Information System Includes bill tracking, browsing and searching, a comprehensive subject index of bills, resolutions and documents, and state code searching.

• Virginia Administrative Code Searchable database.
  Desc: Virginia Administrative Code Searchable database.

• Virginia Court Opinions From Virginia's Judicial Sytem. Opinions from the Supreme Court of Virginia, Court of Appeals of Virginia, Judicial Ethics Advisory Committee, and the Virginia Workers' Compensation Commission.
  Desc: Virginia Court Opinions From Virginia's Judicial Sytem. Opinions from the Supreme Court of Virginia, Court of Appeals of Virginia, Judicial Ethics Advisory Committee, and the Virginia Workers' Compensation Commission.

• General District Court Case Information Locate your Traffic or Misdemeanor Case Online
  Desc: General District Court Case Information

• Keeping Your Kids Safe Over the Summer
  Desc: Now that the summer is upon us, keeping your kids safe is more difficult than ever. Here are some simple tips that you can use to keep your kids safe during the summer months.

• Medical Malpractice Insurers Claiming Poverty Again