This is a serious situation developing in Virginia and many other states. Police officers are in the most danger when they are working the shoulders of our highways, and we can expect that the Police and Courts will be zealous in enforcing this relatively new law.The law, as written in Virginia...
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Edmonton Oilers Goalie's Extreme DUI Charge May Have Professional Ramifications
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. ...
Implied Consent Amendments
Virginia legislature is pushing for another Anti-DUI amendment. This time, they are pushing closer to disregarding the 4th amendment. For years, DUI attorneys have had the ability to exclude blood tests in certain cases if the client was not actually arrested before being taken to a hospital f...
The Impossibility Defense in Speeding Cases
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 Fair...
Medical Marijuana Ruling
Fairfax County Marijuana Defense Attorney Paul McGlone read this article, and 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. The local Court in Colorado ruled that the city of Centenn...
Tracking DWI/DUI Convictions
This article from a Missouri newspaper is a good example of the misinformation promulgated by the media and law enforcement, regarding DUI enforcement. DWI enforcement has blossomed into a $Billion Dollar government program, but this article would suggest that they don't have enough funding to ...
GERD Lawsuit Highlights Medical Issues and Refusal Defense in DWI cases
A lawsuit filed in Western Virginia highlights two of the recurring problems that we see in using breath testing for DWI/DUI cases. Please click here to read the article about the lawsuit. First, there are medical issues, such as the issue of GERD, which can lead to repeated burping, or even to...
JMU Students Charged with Felony for Snowball Tossing
This is right along the lines of the DC cop who drew his service revolver during a snowball fight last month. The snowball fight in DC was organized by Twitter messages, and most of the participants were voluntarily involved in a fun activity in the snow. In this case, the kids were tossing a...
Fortunately, Tiger Followed My Advice
Early Yesterday, my blog encouraged Mr. Tiger Woods to avoid speaking to the police about his personal affairs (pun intended): Call me, Tiger (link to McGloneBlog) Fortunately for all of us, it now appears that he decided to Follow My Advice. Seriously, though, I think Mr. Woods has set ...
Give Me A Call, Tiger, BEFORE You or Elin Speak to the Police!
These are trying times, Tiger. You are Still on Top of the World, Tiger, and as usual, everybody wants a piece of you. This time, "everybody" includes the Local Police, and the State Police. And this time, it involves your Civil Rights! As a DWI Attorney for the past 20 years in Fairfax Co...
The DWI and Refusal Dilemma in Fairfax County, Virginia
I have developed the following information to describe the situation presented by a combination charge of DUI/DWI and "Refusal to take Breath or Blood Test" in Fairfax County, Viriginia: The DWI and Refusal Dilemma in Fairfax County, Virginia Every redneck bartender in the Commonwealth will tel...
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:Fairfax County Police Department Public Information Office4100 Chain Bridge Road, Fairfax, Va. 22030703-246-2253. TTY 703-204-2264. Fax [email protected]/police News Release: 09...
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 t...
Virginia Legislature Special Session Approves a "Fix" for the Melendez-Dias problem.
This bill is close to the McEachin bill discussed here last week, but the notice provision runs 28 days before trial and our objection period runs 14 days after notice is filed, rather than the proposed 21/10, where the 10 days was measured from the date of receipt by defendant or counsel. Vari...
Fairfax Virginia Welcomes New Breath Test Machine for DUI and DWI
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...
Virginia Reckless Speeding Laws Praised in Baltimore Sun
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 ArticleThe Fairfax Criminal Defense firm McGlone Law Firm, ...