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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.

6/27/2010
Paul Liam McGlone
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Virginia's "Move Over" Law

Virginia has a relatively new "move over" law, requiring motorists to change lanes or slow down (if they cannot change lanes) when an emergency vehicle is stopped along a road. Violations can be punishable by large fines and/or jail time. Paul McGlone is an experienced traffic and criminal defense lawyer in Fairfax County, Virginia, and may be reached at 703-273-2750 or toll-free at 888-273-2750.

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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.

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2/25/2010
Paul Liam McGlone
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The Impossibility Defense in Speeding Cases

I talk to clients every day about Reckless Speeding cases in Virginia. One of the most common complaints they have is that the cop must have it wrong because they couldn't go that fast in their car, or they couldn't go that fast on that road. In Fairfax County Reckless cases, clients often make these claims when they are accused of speeds in the mid 80's.

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2/20/2010
Paul Liam McGlone
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Medical Marijuana Ruling

Local Fairfax County Marijuana Defense Attorney Paul McGlone is impressed with how this Court handled the difficult situation of a local dispensary selling Medical Marijuana which might be in violation of Federal law.

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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.

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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.

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11/29/2009
Paul Liam McGlone
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Give Me A Call, Tiger, BEFORE You or Elin Speak to the Police!

Don't Speak to the Police, Tiger. They just want to take away your privacy and sell it to TMZ.

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11/27/2009
Paul Liam McGlone
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Don't Drive Like a Turkey-- At least not in Sully District of Fairfax County!!

Fairfax County Police in the Sully SubStation have offered this Clever Advice for the Holidays:

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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.


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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  



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3/31/2009
Paul Liam McGlone
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Fairfax Reckless Attorney Paul McGlone recommends this article explaining how Virginia punishes high speed cases much more than Maryland.   The article references an article by Bob Battle, a top attorney in Richmond, Virginia.

Link to Sun Article


The Fairfax Criminal Defense firm McGlone Law Firm, P.C., works directly with Bob Battle in Richmond, helping Mr. Battle and his clients here in Fairfax.   Attorney Bob Battle has worked to put together a statewide network of hand-picked attorneys and has chosen Fairfax Attorney Paul McGlone to help with defense of traffic and criminal cases in Fairfax County.  

As pointed out in the Sun article, Fairfax County Reckless is one of the harshest jurisdictions, and folks are routinely sent to jail for speeds in excess of 90 mph.   Dresser, the Sun reporter, actually calls for harsher laws in Maryland, holding Virginia as an example to promote community safety.  

For questions about Fairfax County Reckless or DWI, contact Fairfax Traffic Attorney Paul McGlone [email protected] 

Paul McGlone
Fairfax Traffic Attorney



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