The good folks at Virginia ASAP have come up with some proposals to modify the mandatory ignition interlock law that has been in effect since 2012. Since 2012, the law has required an ignition interlock for anybody convicted of DUI under Virginia Code 18.2-266, if they want to have a restricted ...
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Civil Protective Orders have a Significant Impact on your Gun Ownership Federally, and in the State of Virginia
Federal Law Regarding Firearms The best known restriction on gun ownership and those for whom a protective order is filed against is found in federal law. Generally, federal law prohibits you from possessing, shipping, transporting, or receiving any firearm, if four conditions are met: a. a pr...
Virginia's Hit and Run Laws
Under Virginia law, "Hit and Run" occurs when one leaves the scene of an accident with failure to provide certain information. Doing so can be considered a felony or a misdemeanor and could result in fines, costs, restitution, jail time, and/or license suspension. If you are under investigation, ...
The Supreme Court of Virginia appointed a Special Committee on Criminal Discovery Rules...
That had members from all sides of the criminal justice system including law enforcement, prosecutors, defense attorneys, and retired judges, and recently submitted a proposal for reforms to the Court, which is now taking public comments. The main suggestions include available Discovery prior to ...
Virginia's laws on Driving While Under the Influence are Not Limited to Alcohol. Many people are prosecuted on the basis of smoking marijuana, taking prescription medication (either legally or for recreational use) or a combination while driving.
Virginia's Driving While Intoxicated/Under the Influence law has gone through eras of progression and as it stands today includes much more than just alcohol. Due to the rise of drugged driving people can be charged with DUI without so much as a drop of alcohol to drink. Many have been arrested ...
"Drive High, Get a DUI" Campaign: Virginia Police, including Fairfax, Loudoun and Prince William Counties, are joining the nationwide dragnet to catch Drivers under the Influence of Drugs (DUID), for Prescriptions, Marijuana, and any other impairment.
Recently, Colorado and many other states have legalized the use of Marijuana, but are still trying to enforce DUI laws where the driver is under the influence of marijuana. Here's an article on the new ad campaign in Colorado: http://adage.com/article/media/colorado-s-drive-high-a-dui-poke-fun-p...
Virginia has Modified the Laws Regarding Mopeds, effective July 1, 2014
The new Virginia Moped laws add a number of requirements, including Titling and Registration and restrictions on Age. All mopeds will now have a license plate, and can only be driven by persons who are 16 years old or older. Moped riders are now required to wear goggles or a face-shield, un...
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? Thousands of drivers in Virginia and other states are now required to put a breath-testing Ignition Interlock device on their car. These devices are intended to prevent anybody with more than .02 alcoh...
New Anti-Texting Law on Virginia Highways; July 1, 2013
A lot of folks seem to be arguing about the new law, so I am posting the full text here, along with this summary. The law prohibits reading or sending any text message, but it has a few curious exceptions. There is an exception for "any name or number that is stored within the device". Huh? ...
Virginia's Approved Marijuana Field Tests: The Duquenois-Levine
Duquenois-Levine is a test used by police in many jurisdictions, including Fairfax County, Virginia, to identify substances believed to be marijuana. Its critics call it unreliable, since it is meant to be a screening test, and it is not scientifically "specific" to marijuana. Yes, all Virginia ...
Fairfax Attorney Paul Liam McGlone: Not a Former Fairfax Prosecutor-- And Proud of It!!
In recent months, it seems that more folks keep asking me whether they should hire a former prosecutor to help them with a case. It is obvoius to me that this stems from marketing materials being distributed by the former prosecutors. However, when I am asked this question the first thing that...
Sleepy Driving as Dangerous as Driving Drunk
his item was taken from a blog on the World Sleep Foundation site. Sleepy Driving as Dangerous as Driving Drunk by lowes1 on November 9, 2010 Sleepy Driving is Dangerous and can be as Dangerous as Drunk Driving Says a new AAA study. 40 percent of Americans admit they've fallen asleep while dri...
Virginia Passes Mandatory Ignition Interlock for all DUI/DWI Convictions
Both houses have now passed this bill, calling for interlocks in First Offense DUI. There is no doubt that the Governor will sign it and it will go into effect on July 1, 2012. The full text of the new legislation can be found at this link:New Virginia Ignition Interlock Laws A few features of ...
DUID in Virginia - Driving Under the Influence of Drugs
Recent information from the Marijuana Policy Project (MPP) addresses the problem of determining whether a driver is under the influence of marijuana, or whether the marijuana in his or her system is days, or even weeks, old. Blood testing is the most reliable method of detecting THC levels, but ...
Great DWI Trial - Use of Alcosensor Evidence by the Defense
I saw 3 interesting DWI trials this week, and the defense won all 3. The second trial was my own case, but first I'm going to blog about the trial that came first. Use of Alcosensor Evidence by the Defense! This DWI trial was handled by a friend of mine in Fairfax County General District Cour...
DWI Trial Report-- Superbowl Sunday; .13 BAC Dismissed after Alcosensor Ruling
I've written before on the importance of pivotal alcosensor evidence in Fairfax County DWI cases.In this recent case, the Court file contained a .13 breath test, but the Judge never considered the breath test because we had the case dismissed at the Probable Cause phase of the trial, before the ...
Free Ride Home Today from SoberRide
Happy St. Patrick's Day! WRAP's SoberRide is offering free rides home today from 4 P.M. to 4 A.M. Call 1-800-200-TAXI or check out their website for more info. http://www.wrap.org/soberride/
Drinking to Avoid a DUI
We are sometimes asked if you can still drink some liquor in front of the cops and that will be a good defense for a DWI.What if I keep a bottle in my car and then drink some after I pull out my keys? Will that help prevent a DWI conviction in Fairfax County, Virginia?The theory there is that t...
Drive Safely Tonight - Virginia State Police Will be Looking for Drunk Drivers
The Super Bowl is just hours away - please enjoy it responsibly! Virginia State Police are filling the highways with Saturation Patrols tonight - additional troopers whose objective is to stop drunk and aggressive drivers. If you will be drinking tonight, please appoint a designated driver or ca...
Salvatore Culosi Case Settled with Fairfax County for $2 Million
The Salvatore Culosi accidental shooting case has been settled with Fairfax County for $2 Million. The real story there goes like this: They went out to serve a warrant on a nonviolent gambling suspect. More than a suspect, since the cops had been placing bets and dealing with him for a while....
More about Fairfax Marijuana Dismissals Under Section 251
Previously, and continuously, I have warned clients in Fairfax County marijuana cases of the downside of a 251 dismissal. More recently my friend and Colleague, Jon Katz, offered similar advice on his blog: Jon Katz discussing 251 Dismissal.251 Dismissal is also discussed in my recent post on...
Drunk Proof Cars-- Will Big Brother Save Us??
MADD has adopted a slogan that they will Eliminate Drunk Driving and it seems clear that new developing technology will attempt to impose passive alcohol sensors on all drivers. These devices follow a variety of proposed avenues to sense the presence of alcohol and deny the owner the ability to s...
Marijuana: Profile of a Fairfax County Possession Case
NORML Legal Committee Attorney Contact Card This post isn't really about profiling, but really just another discussion of how Fairfax handles Marijuana cases and why too many folks are willing to take the “251 dismissal” for first offenders. A very common scenario for marijuana possession charg...
Non-Standardized Field Sobriety Tests
David Cassidy was arrested in Florida for DWI, and I hope he finds a good DWI Lawyer to defend this case. Our news link shows a news report that seems to assume that Mr. Cassidy is guilty, but the dashcam Video tells another story. The video shows an officer yelling at Mr. Cassidy, trying to per...
Operation Shoulder Tap
This "Operation Shoulder Tap" press release from the Fairfax County Police sure seems like entrapment to me. Thank goodness we have such a forward-thinking police force, protecting us from these people who left their houses with absolutely no intent to commit a crime.