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McGlone Law Firm, P.C.

Attorney Blog

Paul McGlone, local Fairfax County attorney, blogs about items of interest to his clients, his potential clients, and his community.  He may be reached at 703-273-2750 or toll-free at 888-273-2750.

Carly A. Jehlen, local Northern Virginia attorney, blogs about trial and defense techniques, and courtroom demeanor. She may be reached at 703-273-2750, or via email at [email protected]

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11/7/2013
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Rolling Retest Feature of Virginia's Ignition Interlock Law: Safety Device or Safety Hazard?

Rolling Retest Feature of Virginia's Ignition Interlock Law: Safety Device or Safety Hazard?

Category: DUI and DWI

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3/6/2012
Paul Liam McGlone
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Virginia Passes Mandatory Ignition Interlock for all DUI/DWI Convictions

The 2012 Virginia Legislative Session has now Passed a Bill Requiring Ignition Interlocks for all DUI/DWI Convictions, Including First Offense DWI/DUI

Category: DUI and DWI

4/7/2011
Paul Liam McGlone
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DWI Trial Report-- Superbowl Sunday; .13 BAC Dismissed after Alcosensor Ruling

Here is another Great DWI Dismissal Story by Fairfax County DWI Defense Attorney Paul McGlone. BAC of .13 but Dismissed after Alcosensor Ruling by Fairfax Judge

Category: DUI and DWI

3/17/2011
Kerri Carter
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Free Ride Home Today from SoberRide

Free Ride Home Today from SoberRide

Category: DUI and DWI

3/14/2011
Kerri Carter
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Drinking to Avoid a DUI

Can drinking alcohol during a traffic stop really prevent a DUI charge? The McGlone Law Firm defends DUI and DWI charges in Fairfax County, Virginia.

Category: DUI and DWI

2/6/2011
Paul Liam McGlone
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Drive Safely Tonight - Virginia State Police Will be Looking for Drunk Drivers

Drive Safely Tonight - Virginia State Police Will be Looking for Drunk Drivers

Category: DUI and DWI

5/10/2010
Paul Liam McGlone
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Great DWI Trial - Use of Alcosensor Evidence by the Defense

Great use of Alcosensor Evidence by the Defense in Fairfax County DWI Trial.

Category: DUI and DWI

3/8/2010
Paul Liam McGlone
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Nikolai Khabibulin, goalie for the Canadian Hockey team the Edmonton Oilers, is facing an extreme DUI charge after an arrest in early February.  

While the case is still pending, it is interesting to note that, if he is convicted of DUI, it could have potentially career-changing ramifications.    Canada has the strictest limitations on entry for folks who have a DUI/DWI conviction.   They consider it to be a very serious charge, and foreign visitors are not allowed to enter if they even have a charge pending (Khabibulin is a Russian citizen).  Attempting to enter Canada can be charged as a new criminal violation at the border.  
 
This may present quite a problem for this NHL Goalie recently charged with DWI .
 


Category: DUI and DWI

3/8/2010
Paul Liam McGlone
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Implied Consent Amendments

Virginia legislature is pushing for another Anti-DUI amendment. This time, they are pushing closer to disregarding the 4th amendment.

Category: DUI and DWI

2/14/2010
Paul Liam McGlone
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Tracking DWI/DUI Convictions

Local Fairfax DWI Attorney Paul McGlone believes tracking DWI convictions is not as difficult as some would like us to believe, and, in fact, that there are already systems in place to do just that.

Category: DUI and DWI

2/13/2010
Paul Liam McGlone
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GERD Lawsuit Highlights Medical Issues and Refusal Defense in DWI cases

GERD Lawsuit, filed by Roanoke man who claims he was beaten while jailed for drunken driving, Highlights Medical Issues and Refusal Defense in DWI cases.

Category: DUI and DWI

9/7/2009
Paul Liam McGlone
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Winning Alcosensor Issues in Virginia DUI Trials

 

Note:  This article by Fairfax DWI Lawyer Paul McGlone was originally posted elsewhere in April, 2008.

This article is about an issue that I have wanted to take to the Virginia Court of Appeals for review.   I thought I had a perfect case, but now a Circuit Court Judge has dismissed my case so there is nothing to appeal! 

 Several years ago, I noticed that many of my Fairfax, Virginia, DUI cases were being won or lost depending on how the Judge and/or the Police handled the use of Preliminary Breath Tests.   Just last week, I had another case, in Fairfax County Circuit Court, where the Judge dismissed the case based on how the Cop handled the PBT. 

 This test, called "the PBT", or, as I call it, "the Portable Breath Test", is used at the scene of an arrest to help the officer justify his decision for "probable cause" for the arrest.   The device commonly used in Fairfax is called an Alcosensor IV made by Intoximeters, Inc.   This is not the same as the final breath test, which is usually given down at the jail on a machine called "Intoxilyzer 5000".  

 Virginia law has a lengthy section that outlines the use of the PBT and whether it can be used at trial.   First, the law passed by the Virginia State Legislature says that the results of the PBT cannot be used against us in a prosecution under the DUI laws.   Then, there is caselaw that says that the results of the PBT can be used as evidence against us under certain circumstances, particularly when the Defense raises the issue of probable cause.  

So, now, we have some Judges who will admit the PBT results and come who don't.  If they admit the PBT results, they are almost certainly going to make a finding of probable cause any time there is a PBT result of .08 or more.    In other words, if there is a PBT, we probably lose the probable cause motion every time.  Without a PBT result, probable cause has to be judged based on the officer's testimony as to the appearance of the defendant, including his statements, driving, and performance on various roadside tests-- the so-called "field sobriety tests".

 In my case last week, we were fortunate enough to have a video which showed my client doing pretty well on the sobriety tests up to the point where the officer offered him the PBT.   In offering the PBT, we then heard the officer, on tape, saying "this is not admissible in court".    The officer didn't make any distinction, as in the caselaw, between "a prosecution" and a "probable cause hearing", and the Circuit Court Judge refused to allow the PBT result in evidence.  

 We cut off the Video at that point, and the Judge had to make his ruling on Probable cause based on the remaining evidence.   Without the PBT result, the Judge ruled in our favor on the probable cause issue, and dismissed the case.   The case never proceeded to the point where the final breath test of .11 could be offered into evidence, and the case was dismissed in spite of the fact that my client blew a .11 on his final breath test.


Category: DUI and DWI

4/23/2009
Paul Liam McGlone
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DWI Attorneys in Fairfax County Virginia have just received word that the new breath testing machines have arrived in Fairfax.   The Virginia Department of Forensic Science has selected a machine called the EC/IR II to replace the old and ailing Intoxilyzer 5000, which has been in use in Virginia since the mid-1990's.  

According to Fairfax County DWI Attorney Paul Liam McGlone, this "new" breath testing machine is based on technology that is 20 years old. 

The new device, from Intoximeters, Inc., in St. Louis, Missouri, is very similar to the Alcosensor devices that have been used for years by Fairfax and Virginia State Police on the streets for many years.   The Alcosensor IV is a portable device that uses a "Fuel Cell" to measure oxidation and estimate alcohol levels in a suspect.

The new EC/IR II uses the exact same fuel cell, built into a more complicated computerized desktop system, to measure the levels of alcohol.   The ultimate estimate of blood alcohol level will come from the exact same fuel cell used in the portable  



Category: DUI and DWI