Attorney Blog

Implied Consent Amendments

Mon, 08 Mar 2010 08:00:00 EST

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 for blood draw.

The complaint by the Commonwealth was that they couldn't physically arrest the person who was hurt in an accident, so they wanted to be allowed to draw blood anyway.

These amendments being offered at the 2010 session of the Virginia General Assembly are intended to widen the scope of the implied consent law.

Our implied consent law has always required us to submit to a breath test, or sometimes a blood test, if we are arrested for probable cause for DWI. In the absence of probable cause, there is no valid arrest, and no duty to take a breath or blood test.

These amendments, proposed in two different versions, attempt to expand the duty to take a blood test to any case where there is probably cause even if they don't actually make an arrest.

The concern of Defense counsel is that they will try to expand the definition of probable cause to include anybody who has alcohol on their breath, if there has been an accident.

Very often, there are no Field Sobriety Tests (due to injury), and nobody has even seen the client drive a car, but Judges are under pressure to find that there is probably cause with very little evidence.

These amendments push closer to the days when every driver who has any alcohol will be considered an outlaw. The MADD prohibitionists continue to push onward, with very little resistance from anybody interested in fighting for our civil liberties.

Edmonton Oilers Goalie's Extreme DUI Charge May Have Professional Ramifications

Mon, 08 Mar 2010 08:00:00 EST

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 .

The Impossibility Defense in Speeding Cases

Thu, 25 Feb 2010 08:00:00 EST

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.

There are a few big problems with the Impossibility Defense which make it almost impossible to win your case. First, if you are going to testify, you will do so after the officer. So, the officer has already testified that they measured you at a specific speed.

The judge will be listening to your testimony to hear how fast you were going. If you tell him your speed, then he will want to know how you are sure of it, and whether you had your speedometer tested.

If all you have to offer is the Impossibility Defense, then it is like saying "I don't know how fast I was going, but here is why the officer is wrong.". Even worse, it can have the effect of saying "Even if I was going as fast as possible, I couldn't go that fast". This doesn't help much, because it sounds like you were going as fast as you could.

Finally, you are left with this logical dilemma: If the judge believes that it IS possible to drive that fast, then you have a guaranteed conviction because he has already decided that you are wrong!

Medical Marijuana Ruling

Sat, 20 Feb 2010 08:00:00 EST

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 Centennial had no right to use Federal law as a pretext for shutting down the dispensary. Congratulations for the State Court for taking the right action. This runs against the recent trend where States have been spending their own tax dollars to enforce federal laws, particularly those involving Marijuana and immigration.

Tracking DWI/DUI Convictions

Sun, 14 Feb 2010 08:00:00 EST

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 keep track of repeat offenders.

The truth is that our Virginia DMV has an accurate record of all prior offenses unless the person has been found not guilty or had his or her case dismissed by the Court due to an illegal arrest or other defects in the proceedings. If a person has been convicted of 3 DWI's in Virginia, it is not likely that they have a license any more.

With today's technology, the Virgnia DMV keeps track of DUI/DWI convictions, even if they have occurred in another state, and even if they occurred before the person came to Virginia.

The truth about this article is that some of the law enforcement agencies aren't organized enough to take advantage of the systems that are already in place. There is already a national database that takes information from about 46 states and keeps track of serious offenses, including DWI. This is a driver's license database-- not a criminal system database like the FBI has. However, not all the states have the same computers so their own databases are not compatible with each other-- even within one state.

Probably just as likely, this is another superficial media report, shilling, or the cops who just want more money for their agencies. If they are letting people drive after 4 DWI's, then they aren't utilizing existing resources -- courts not requiring full record checks, etc. We don't have that here in Fairfax County, Virginia.

Paul McGlone has helped many people charged with DWI or DUI in Fairfax, Virginia and is familiar with how the state tracks drunk driving convictions.

GERD Lawsuit Highlights Medical Issues and Refusal Defense in DWI cases

Sat, 13 Feb 2010 08:00:00 EST

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 falsely elevated blood alcohol levels on a breath test. GERD (GastroEsophageal Reflux Disease) is a common medical ailment which, in simple terms, results in the return of stomach contents, possibly including consumed alcohol, and possibly combining with exhaled breath to be counted along with the lung air that they are trying to measure.

In fact, this is the exact reason that the officers require our clients to wait 20 minutes without belching before they can give a breath test.

The second issue, which arises when law enforcement don't know how to handle the situation, is that the client may be charged with refusal to cooperate with the breath test, even if it is something that is beyond the control of the client, such as involuntary belching.

In either of these often related situations, the Defense may feel that they have the difficult burden of proving the existence of a medical condition that is not always present, and that they have to disprove the allegation that they have refused to cooperate with the administration of the breath test.

JMU Students Charged with Felony for Snowball Tossing

Wed, 10 Feb 2010 08:00:00 EST

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 few snowballs at a City snowplow and the operator called police. So, when the unmarked police car came along, they got a few shots on the police car as well.

The statutory offense of Throwing a Missile at Occupied Vehicle is based on a complicated statute, which is pasted below.   The statute appears to require that the act be such as to put the life of the occupants in Peril.   Commonwealth often tries to stretch this by saying that any moving vehicle puts the life in peril.     That is ridiculous, though, because it is like saying that we risk our life every time we get in a car.   Ok-- so all driving is reckless driving?   Huh?

Hopefully, these kids will call my good friend Harrisonburg Defense Attorney Bob Keefer, because he is the Best in the Valley.

Here's the statute:

§ 18.2-154. Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty. — Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by one or more persons, whereby the life of any person on such train, car, vessel, or other watercraft, or in such motor vehicle or other vehicle, may be put in peril, is guilty of a Class 4 felony. In the event of the death of any such person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. However, if the homicide is willful, deliberate and premeditated, he is guilty of murder in the first degree.

    If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter.

    If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire or rescue squad vehicle, ambulance or any other emergency medical vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year. (Code 1950, § 18.1-152; 1960, c. 358; 1975, cc. 14, 15; 1990, c. 426; 2004, c. 461; 2005, c. 143.)

Fortunately, Tiger Followed My Advice

Mon, 30 Nov 2009 08:00:00 EST

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 a great example for all Americans by simply exercising his civil rights and providing only that information required by the Hit-n-Run laws.

Following this story this weekend has been stark reminder that far too many Americans, journalists included, think that "Talking to the Police" is the right thing to do.

Cops were quoted all over the place saying that they just had a few questions for Tiger, and "of course" he will talk! to them---- everybody does! Well, Not any More!!

Tiger has struck a mighty blow for the citizens of this country. Previously criticized for not being socially active, I applaud Mr. Woods for setting this great example for the rest of us! HooRay for the Good Guys!!

Play to Win, Tiger!

Paul Liam McGlone

Fairfax County Virginia DWI Attorney

www.McGloneLaw.com

Give Me A Call, Tiger, BEFORE You or Elin Speak to the Police!

Sun, 29 Nov 2009 08:00:00 EST

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 County, Virginia, I have seen dozens of folks who are wrongfully arrested for DUI or DWI in Fairfax County Virginia and elsewhere on facts very similar to yours.

The police have already offered quotes suggesting that they assume that most folks will be available to answer questions for police. Well, that is exactly the opposite of the Actual state of the law. The law is, and the cops have been well trained, that nobody has to answer any questions. They have numerous procedures in place to prevent police from abusing our privacy rights, but they keep trying. They don't have to give Miranda Warnings unless a person is in Custody, so they continue to Bully every citizen into answering all kinds of questions, even though there is no such requirement.

Most reports agree that you got in a minor accident on your own property and nothing was damaged except your own property and your own self. That is, in my humble opinion, Your Own Business!

You have no obligation to speak to the police other than to report an accident. The accident has been reported. Your own attorneys should be made available to provide any other information required by law, which, IMHO, should be "Nothing".

The same advice applies to your wife, Mrs. Tiger Woods. This may just be a private matter between a man and his wife. Nothing is to be gained by giving your private details to the Police.

If you have any doubt, you should take a few minutes to watch this Video. The Vid is pretty long, but only the first half is the law professor. The second half of the Video is a Law Officer trying to encourage citizens to give up their civil rights.

  Don't Speak to Police! Video

Don't Drive Like a Turkey-- At least not in Sully District of Fairfax County!!

Fri, 27 Nov 2009 08:00:00 EST

Fairfax County Police in the Sully SubStation have offered this clever advice:

Fairfax County Police Department
Public Information Office
4100 Chain Bridge Road, Fairfax, Va. 22030
703-246-2253. TTY 703-204-2264. Fax 703-246-4253
FCPD-PIO@fairfaxcounty.gov
www.fairfaxcounty.gov/police
News Release: 09/Rt28Nov/tjw/(1)
November 10, 2009

Don’t Drive Like a Turkey

Sully Police District – The Route 28 Corridor historically has had a high number of crashes and traffic incidents such as aggressive driving or driver inattention. On average, 84,000 vehicles travel through the Route 28 Corridor during the course of a weekday.

Officers of the Sully Police District are using the month of November and the upcoming holidays to educate the public and enforce traffic laws along Route 28 to remind drivers everywhere to be more alert and courteous when driving.

Sign boards will also be posted along the corridor to encourage safe driving during the holiday season. Some of the intersections along Route 28 where enforcement will be increased include, but are not limited to:

Braddock Road
Interstate 66
Machen Road
Compton Road

The Fairfax County Police Department strives to reduce the number of crashes in the county by educating the public on safe driving and strictly enforcing traffic laws. Be safe this holiday season and drive responsibly and courteously.

###

To request this information in an alternate format, call the Public Information Office at 703.246.2253. TTY 703-204-2264

The DWI and Refusal Dilemma in Fairfax County, Virginia

Fri, 27 Nov 2009 08:00:00 EST

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 tell you the same advice about DWI DUI and Refusal: Just Refuse Everything!

My advice is "don't get your legal advice from your bartender".

Refusal to take a Breath or Blood Test is a separate Charge that will be brought, in addition to DWI/DUI. This may be a civil charge, or it may be brought as a Criminal charge if the client has any prior record of DUI or Refusal.

First, I try to educate clients that there is a single penalty for a first-offense refusal. The only penalty is a 1-year loss of license. No fines. No jail time. No ASAP classes. Just loss of license, and NO RESTRICTED LICENSE to drive to work or anywhere else.

More on the topic of educating my clients: We are not required to perform field sobriety tests on the side of the road, so the client does have the option of "politely declining" the tests. I don't call it a "refusal" to take the tests, because they are not required. We don't "refuse them" we "decline" their offer to give the tests. Without any Field Sobriety Tests, the officer has to make his arrest decision based on other observations, and sometimes that will not hold up in Court. If the client was just stopped for speeding, for example, and no other bad driving, then the officer may have little more than the "strong odor of alcohol" (in quotes because it is used in every case).

More about refusal:

If it is a second offense refusal, including a first-time refusal by somebody who already has a prior DWI, then it is a criminal offense, and it will carry fines and jail time.

So, although a refusal may help to defend the DWI case, many clients can't afford to take the refusal. If the client needs to drive to work, they may be forced to negotiate a guilty plea to the DWI charge so that they will dismiss the refusal. So, we are often forced to plead guilty even though we might have a strong case for defense. The worst situation is where the client might have been under the legal limit based on what they drank, but we don't have a test to prove it. YES, the defendant might actually benefit from a breath test if it is a low number.

If the client doesn't live in Virginia, then a Virginia Court will not suspend their Maryland license. Our Court can only suspend the "right to drive in Virginia", so the refusal won't hurt as much.

So, for Virginia drivers with a charge of DWI and Refusal pending, the dilemma is this: Defend the DWI and risk a one-year suspension for the refusal, or Plead to the DWI in exchange for dismissal of the refusal.

In some cases, they can still prove DWI even if they don't have a breath test. The Court will hear all of the other evidence, including driving behavior, appearance, speech, field sobriety tests and admissions by the client.

Fairfax DWI Alcosensor Evidence Objection and Dismissal

Mon, 07 Sep 2009 08:00:00 EST

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.

Fairfax Virginia Welcomes New Breath Test Machine for DUI and DWI

Thu, 23 Apr 2009 08:00:00 EST

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

Virginia Reckless Speeding Laws Praised in Baltimore Sun

Tue, 31 Mar 2009 08:00:00 EST

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 pmcglone@mcglonelaw.com

Paul McGlone
Fairfax Traffic Attorney

Charles Barkley is Innocent in Arizona DWI Case

Wed, 31 Dec 2008 08:00:00 EST

News

Updated!

This is the information that you have provided on the News Article:

Category: Celebrity DUI and DWI

Name: Charles Barkley DWI-- Charles is Innocent!
Date: 12/31/2008
Summary: Charles Barkley is Innocent in Arizona DUI Case
Description:

From the Desk of Fairfax Virginia DUI Attorney Paul McGlone, December 31, 2008:

The National News Media has jumped on the Charles Barkley story overnight.   However, their story Misses one key ingredient:

Reportedly, Former NBA Star Charles Barkley was arrested in Scottsdale, Arizona on suspicion of Driving While Intoxicated. Media reports say that Charles Barkley ran a stop sign, had alcohol on his breath, and failed "Standard Field Sobriety Tests".
What nobody seems to mention, but it is obvious to any Criminal Defense Attorney, is that Charles Barkley is Innocent of these charges!    Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments.

Charles Barkley and every other citizen-- every PERSON, in fact-- accused of a criminal act in the United States, is Presumed to be Innocent at every stage of the proceeding until such time as he is found guilty of the offense by a court of competent jurisdiction.

Furthermore, According to Fairfax Virginia DUI Attorney Paul McGlone, the Standardized Field Sobriety Tests are not deemed to be valid for a person who is more than a certain amount above the ideal weight for their age and height.   Barkley is 45 years old, and played with a listed Height of 6' 6", but lately he is well above his listed playing weight of 252.   If he is over 300 pounds, the Standardized Field Sobriety Tests developed by the National Highway Traffic Safety Administration.

There is no breath test, and we really won't know much about whether Mr. Barkley is likely to be convicted of this charge until the results of the Blood test are revealed.   Hopefully, Mr. Barkley will hire one of the top Arizona DUI Attorneys, like James Nesci or Ed Loss.

Paul McGlone
pmcglone@mcglonelaw.com
www.McGloneLaw.com

Wisconsin Woman Again Calls 911 and Is Arrested

Mon, 08 Mar 2010 08:00:00 EST

Remember that Wisconsin woman who was arrested for DWI last October after she called cops on her way home from a bar to report herself as a drunk driver? Well, she's done it again, kind of. In February, according to the Wausau Daily Herald, that same woman called 911 after returning home from a bar, requesting police come to her home. That call resulted in her arrest for misdemeanor disorderly conduct as a domestic abuse incident.

Please click here to read about her October incident.

Edmonton Oilers Goalie Charged with DUI and Speeding in Arizona

Mon, 08 Mar 2010 08:00:00 EST

Nikolai Khabibulin, the goalie for the Edmonton Oilers, was charged with DUI and Speeding in Arizona early last month. According to reports, he was pulled over for driving his Ferrari 70 mph in a 45 mph zone.

His charge has been upgraded to extreme DUI. Please click here to read about this development.

Nikolai Khabibulin Now Facing Extreme DUI Charge

Mon, 08 Mar 2010 08:00:00 EST

Nikolai Khabibulin, Edmonton Oilers Goalie, who was arrested in Arizona in early February for DUI and Speeding, is now facing the charge of Extreme DUI. Extreme DUI charges are for cases in which the driver's blood alcohol content is greater than 0.15.

Please click here for a story about the initial charges.

Georgia College Student Claims Roethlisberger Sexually Assaulted Her

Mon, 08 Mar 2010 08:00:00 EST

A 20 year-old Georgia college student claimed over the weekend that Pittsburgh Steelers Quarterback Ben Roethlisberger sexually assaulted her in a night club restroom. Roethlisberger has not been charged, and has hired a high-profile attorney as police investigate the woman's claims.

Please click here for a video on this story.

Lil Wayne Finally Starts Serving Jail Time

Mon, 08 Mar 2010 08:00:00 EST

Lil Wayne has finally started serving his sentence of a year of jail. Last October he pled guilty to attempted criminal possession of a weapon after a loaded gun was found on his tour bus in 2007.

3rd Degree Assault Charge for Woman Who Squirted Breast Milk at Deputy

Mon, 08 Mar 2010 08:00:00 EST

A 31 year-old Kentucky woman was arrested Thursday for Public Intoxication. As she changed into an inmate uniform, she allegedly squirted breast milk at a deputy, resulting in another charge: Third Degree Assault, Fox News reports.

DWI Chair Sold on Ebay for $10K

Sun, 07 Mar 2010 08:00:00 EST

The motorized chair a Minnesota man was driving while drunk sold on Ebay for $10,099.99. The man pled guilty last fall to driving the chair while intoxicated.

Probation for Drunk Driver of Motorized Recliner

Sun, 07 Mar 2010 08:00:00 EST

The 62 year-old Minnesota man who "drove" his motorized recliner home from a bar pled guilty to DWI and was sentenced to 180 days of probation.

Daughter of US Supreme Court Justice Gets Only Probation for DUI

Sun, 07 Mar 2010 08:00:00 EST

The daughter of U.S. Supreme Court Justice Antonin Scalia pled guilty to a DUI charge in Illinois. She didn't get any jail time, only 18 months of probation, 140 hours of community service, and was ordered to get counseling.

Woman Calls 911 to Report Herself as a Drunk Driver

Sun, 07 Mar 2010 08:00:00 EST

A 49 year-old Wisconsin woman called police on her way home after a night of drinking to report a drunk driver - herself! The 911 dispatcher told the driver to pull over, stop the car, and put her hazard lights on. The woman complied, and police responded. Her BAC at the the time she was arrested was 0.17.

This is similar to another instance in which a woman driving home from a bar with her boyfriend called police, at her boyfriend's suggestion, because he thought she was too drunk to drive. Click here for a video about that story.

The same 49 year-old in February again called 911 after returning home from a bar, also resulting in her arrest. Please click here for that story.

Fed Ex Delivers 35 Pound of Marijuana to D.C. Couple

Sun, 28 Feb 2010 08:00:00 EST

A Washington, D.C. couple opened a Fed Ex package delivered to their house, and were stunned to find drugs inside. The package had their address on it, but someone else's name. They immediately called police. The drugs inside turned out to be 35 pounds of marijuana ($120,000 worth), according to MyFoxDC.

Man Drives Drunk with Children in Car

Sat, 27 Feb 2010 08:00:00 EST

A New York man was charged with felony DWI after he was stopped in January. His 12 and 14 year-old daughters were in the car with him, and, under Leandra's Law, that makes the DWI an automatic felony.

Vermont Considering Lowering Drinking Age to 18

Sat, 27 Feb 2010 08:00:00 EST

This is an interesting piece about what the author believes would happen if Vermont lowers its drinking age to 18. At this time, all 50 states, as well as Washington, D.C., have drinking ages of 21.

Fairfax County Traffic - Hit & Run

Fri, 26 Feb 2010 08:00:00 EST

An unidentified 49 year-old man died tragically early Wednesday morning in Fairfax County as he tried to cross busy Leesburg Pike in Tysons Corner early Wednesday morning. The driver of the vehicle did not stop, and police are asking for help in identifying him.

Family Urges Change to NY DWI Law

Fri, 26 Feb 2010 08:00:00 EST

The blood test of a driver in a 2002 crash that killed a former Olympian was not admissible because it was taken by an EMT rather than a doctor. The tests indicated the driver's blood alcohol level was 0.15.

The victim's family is urging law makers to change the law to try prevent this from happening again.

Man Avoiding DWI Charges Gets One...and Many Other Charges Too

Fri, 26 Feb 2010 08:00:00 EST

A Minnesota newspaper reports that a 20 year-old Minnesota man tried his best to avoid the police when they broke up a house party where he was allegedly drinking alcohol. He fled in a vehicle, and almost hit a policeman who was in the street trying to stop him. The alleged underage drinker at some point abandoned his car, running through nearby neighborhoods.

He eventually was located when police discovered the suspect's mother driving around a certain area several times. They had her call her son's cell phone and were able to locate and arrest him.

He reportedly was trying to avoid being charged with underage drinking and/or DWI, but instead faces 2 felonies and 3 gross misdemeanors (including DWI and Reckless Driving).

Driver Hits Parked Police Car in Arlington, but Doesn't Stop

Fri, 26 Feb 2010 08:00:00 EST

A Woodbridge man who allegedly hit a parked police cruiser on Glebe Road in Arlington early this morning fled the scene, but was found a few blocks away. Authorities have charged the man with hit and run and DWI.

Drunk Drivers in Washington, D.C. May Go Free

Fri, 26 Feb 2010 08:00:00 EST

The Washington Examiner is reporting that potentially hundreds of DWI/DUI cases in Washington, D.C., going back to October 2008 may be in jeopardy because problems were detected with many of the breath test machines the D.C. Police Department uses. The machines are the Intoxilyzer 5000 EN model.

Charges are being reduced and even dismissed against many DWI suspects because the breath test evidence provided by these Intoxilyzer machines is problematic.

The company that makes the breath machines the D.C. Police use took a hard blow last year in Minnesota when that state's Supreme Court ordered the company to turn over its programming codes. Click here to read more about the Minnesota issue.

Woman Charged with Hit and Run after Finding Body Under Car

Wed, 24 Feb 2010 08:00:00 EST

A 40 year-old Woodbridge woman was charged with (felony) hit and run today in connection with a tragic accident that happened on Centreville Road on Monday.

A 39 year-old homeless man was trying to cross the busy street when a car struck him. That car stopped, but allegedly another car (driven by the defendant) then ran over the man, who was stuck under her car. When she finally stopped over a mile later, she reportedly noticed the body and called police, saying she "thought she had run over a 'mannequin' of some sort and continued driving."

Local Fairfax County Attorney Paul McGlone handles Hit and Run cases and other serious traffic charges.

Fairfax County Circuit Court Clerk Charged with Embezzlement

Wed, 24 Feb 2010 08:00:00 EST

A long-time clerk in the Fairfax County Circuit Court was arrested today and charged with four counts of embezzlement by a public official, computer fraud, and forging a public record. The 58 year-old Clifton woman had worked in the clerk's office for 9 years.

Fairfax County Circuit Court Clerk John T. Frey contacted police after his staff notified him of some irregularities with their fee-tracking system. Frey fired the worker, and Fairfax County Police are continuing to investigate. It is not yet known how much money is involved or how long ago the alleged thefts started.

Gay Marriages Recognized in Maryland

Wed, 24 Feb 2010 08:00:00 EST

Maryland's Attorney General announced today that the State will, effectively immediately, recognize gay marriages that were performed in other states, and that married gay couples are entitled to the same rights and benefits as heterosexual married couples.

Maryland does not yet issue marriage licenses for same-sex unions, but will start this spring, joining a handful of other states.

Son of the Late "Deadliest Catch" Captain Arrested for DUI

Sat, 20 Feb 2010 08:00:00 EST

Jake Harris, the son of the late Phil Harris, was arrested Thursday in Seattle for suspicion of DUI, hit and run, and driving on a suspended license.

Jake's father, Phil Harris, was a fishing boat captain documented on the Discovery Channel's popular show "Deadliest Catch." He died earlier this month from a massive stroke at the age of 53.

Judge in Colorado Rules City Can't Close Marijuana Dispensary

Sat, 20 Feb 2010 08:00:00 EST

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. Please click here to read my blog.

A County Judge in Colorado ruled last December that the city of Centennial, Colorado, was wrong to issue a cease and desist order last fall to CannaMart, a medical marijuana dispensary operating in Centennial.

The city's position was that since the Federal government prohibits distributing marijuana, the dispensary was operating in violation of the city's land use code. While the Judge acknowledged the Federal law, he said it's up to federal agencies, not local ones, to enforce that law. Since Colorado legalized medical marijuana in 2000, the Judge said that the dispensary was operating within the state's law.

Minnesota Supreme Court Says Turn Over Source Codes

Sat, 20 Feb 2010 08:00:00 EST

The Minnesota Supreme Court ruled that the source codes for breath testing machines must be turned over to the defense in certain instances. This ruling could have implications beyond Minnesota, setting the stage for attorneys in other states to demand these codes.

This could be important to a DUI defense, if the programming wasn't correct, and, as a result, the breath testing machines were not accurately measuring blood alcohol content.

DUI Checkpoints - Are They About Public Safety or All About the Cash

Tue, 16 Feb 2010 08:00:00 EST

This is an in-depth article about the questions surrounding California DUI checkpoints. A recent investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found some alarming facts, among them:

That the DUI checkpoints are way overstaffed with police officers (all earning overtime)
That the checkpoints seem to unfairly target minorities
That officers seem to be impounding cars of unlicensed (not drunk) drivers, in direct violation of a 2005 federal appellate court ruling.

The article certainly raises some interesting questions.

Woman Requesting Conjugal Visit Arrested for DUI

Tue, 16 Feb 2010 08:00:00 EST

A 45 year-old Florida woman was arrested for DUI Friday and booked into the very same jail she had just been to -- twice -- to request a conjugal visit with one of the prisoners.

She initially showed up late for a scheduled visitation appointment, which was not conjugal, because the jail doesn't allow them. She was not allowed in because of her tardiness, and drove away, but then returned. Authorities suspected she had been drinking, and had deputies stop her after her second departure.

Her blood alcohol level was an astounding 0.256!

Applebee's Sued By Family of DUI Victim

Tue, 16 Feb 2010 08:00:00 EST

The family of a man killed by a drunk driver is suing Applebee's and some of its employees, who, they say, continued to serve alcohol to the driver and the driver's friend, even though they were both allegedly clearly drunk. The family claims the accident could have been prevented had the restaurant employees followed proper procedures and not continued to serve the men, and notified the police before the two men left the restaurant.

One waitress did call 911 when the men left, and when an officer spotted them, they drove off at almost 100mph. The officer did not pursue them at that point, and the car crashed into another vehicle, killing the occupant of that vehicle before he could be cut from the wreckage.

One of the men was charged in the incident, but was acquitted because there was doubt about whether he was actually the driver. He said his friend was driving, but his friend denies that, saying it was the other man. Both of the men settled with the victim's family, and now the family is going after Applebee's.

NY Cop Charged with DWI after Crashing into Tiffany's

Sun, 14 Feb 2010 08:00:00 EST

An off-duty cop was arrested yesterday, charged with DWI and Vehicular Assault after the car he was driving allegedly hit a garbage truck, jumped the curb, and crashed into Tiffany's flagship store on Fifth Avenue in New York. He and his two passengers had to be cut out of the vehicle, and all were injured. The cop was reportedly so drunk that he told detectives the year was 2009 and that George Bush was president!

Please click here for a video showing the aftermath of the crash.

Man claims Virginia deputies beat him for burping

Sat, 13 Feb 2010 08:00:00 EST

A Roanoke man has filed a federal lawsuit against several law enforcement officers as well as the city. He claims he was beaten for burping while he was jailed on drunk driving charges. His burping was allegedly caused by a relatively common health problem -- acid reflux, also known as GERD.

Local Fairfax County DUI Attorney Paul McGlone has commented on this article on his Fairfax County DWI Blog, explaining how the lawsuit highlights Medical Issues and Refusal Defense in DWI cases.

Please click here to read this particular blog entry, titled GERD Lawsuit Highlights Medical Issues and Refusal Defense in DWI cases.

One State Struggles to Handle Repeat DUI Offenders

Sat, 13 Feb 2010 08:00:00 EST

Missouri authorities are trying to figure out how to handle repeat drunk drivers. By one estimate, one-third of DWI arrests are repeat offenders; some of the suspects have been convicted of DWI over five times.

Missouri's Supreme Court Chief Justice has said suspending drivers' licenses isn't enough -- the offenders continue to drive, and drive drunk. A Missouri prosecutor has suggested creating a consolidated database authorities could consult (within and outside of the state) to track drunk driving arrests, and the governor is encouraging lawmakers to approve a better tracking system for the state's Highway Patrol. Other authorities suggest mandatory substance abuse treatment.

Please click here to read Fairfax DWI Lawyer Paul McGlone's blog post on this subject.

Drunk Driver Runs from Crash, Leaving Seriously Injured Passenger

Sat, 13 Feb 2010 08:00:00 EST

A 22 year-old crashed his vehicle early Friday. A deputy witnessed the accident, and saw the driver run away, abandoning his seriously injured passenger. The young suspect was arrested twice before on DWI-related charges.

Virginia Increases Speed Limit to 70 mph

Sat, 13 Feb 2010 08:00:00 EST

An overwhelming majority in the Virginia General Assembly voted at the beginning of the month to increase the maximum speed limit from 65 to 70 MPH on certain freeways. Reportedly, other states that have increased their maximum speed limits have seen no decline in highway safety.

Please click here for Virginia House Bill 856.

VA House of Delegates OKs bill regarding adultery in divorce cases

Wed, 10 Feb 2010 08:00:00 EST

From the Richmond Times-Dispatch website recently:

"After a debate about the Fifth Amendment right against self-incrimination, the House of Delegates advanced for final passage today a measure designed to determine adulterous relationships in divorce proceedings.

If one of the parties pleads the Fifth, it would be an "adverse inference" against the party, under House Bill 14, introduced by Del. Robert G. Marshall, R-Prince Williams.

Del. Scott A. Surovell, D-Fairfax, objected, saying the right against self-incrimination was put into the Virginia Declaration of Rights by no less an authority than George Mason.

"This is encroaching on the Bill of Rights, which is a big deal," said Del. Ward L. Armstrong, D-Henry County, a lawyer.

Del. David J. Toscano, D-Charlottesville, also a lawyer, defended the measure, saying there are constitutional precedents for it. It is very difficult to prove adultery in divorce cases, he said."

CA Marijuana Farmer Stole Electricity for Marijuana Plants

Wed, 10 Feb 2010 08:00:00 EST

A San Diego County man was ordered by the Court to pay $18,000 to San Diego Electric & Gas for the electricity he stole to grow over 100 marijuana plants. He was also sentenced to jail and supervised release.

The 23 year-old used high-intensity grow-lights, and bypassed his rented home's electricity meter, to grow his plants. One of the lights caused a fire, and the fire department responded, resulting in the criminal charges.

Virginia Judge Rules on "Accidental Sex"

Thu, 04 Feb 2010 08:00:00 EST

This a bizarre ruling in a divorce case. The judge decided that the parties had not reconciled their marriage, in spite of the fact that they had sex during the period of the separation. According to the husband, that was just "accidental sex" and it had nothing to do with the fact that they were legally married (huh?). The judge accepted that, and found that the separation period has run un-interrupted. Hard to follow, but I can infer that the wife may have felt differently, because somebody had to be opposing this or it shouldn't be decided by a Judge. No surprise, both parties are Virginia Attorneys. "Ouch!".

Alleged Drunk Driver Kills Two in Maryland

Tue, 02 Feb 2010 08:00:00 EST

Two young men in Adelphi lost their lives Monday night after what started out as a minor fender bender. They were exchanging insurance information when a woman, reported to have a blood alcohol level around twice the legal limit, crashed her vehicle into them, killing them both. The woman allegedly has multiple DUI convictions and may have been driving on a suspended license.

Naked DUI Suspect Runs from Police

Tue, 02 Feb 2010 08:00:00 EST

When Arizona police arrested a 41 year-old man on suspicion of DUI, the man insisted he was having medical problems and needed to go to the hospital.

After being treated, the suspect tried walking out of the hospital in his hospital gown. The officer attempted to stop him, and the suspect ran away, into a barbed wire fence. His gown got caught on the fence, but that didn't stop him. He stood up and ran again, this time fully naked.

He was caught shortly thereafter and booked on DUI charges.

New VA Court of Appeals Opinion for Marijuana Cases

Tue, 02 Feb 2010 08:00:00 EST

This new opinion from the Virginia Court of Appeals appears to be potentially helpful to folks accused of Possession with the Intent to Distribute (P/WID), but if you read it carefully, it probably only helps if it was an imitation drug. The "police expert" testified that 3 small packages could only mean that the person was in distribution, or that he was "ripped off" by a seller, since it was fake. The appeals court found that it might be the latter, so there wasn't proof that he intended to distribute. The Trial Court had found him guilty, so Mr. got the help he needed from the Court of Appeals in this case:

Alton Nelson Wilder v. Commonwealth of Virginia 01/19/2010

VA Court of Appeals Addresses Search Warrant in Marijuana Case

Tue, 02 Feb 2010 08:00:00 EST

This new opinion form the Virginia Court of Appeals describes the convoluted situation involving use of a "conditional, anticipatory search warrant" to find evidence against suspected drug owners. Mr. Ford appealed this case after being convicted at trial, but the Appellate court did not help him any:

Marcus Darius Ford v. Commonwealth of Virginia

Drunk Man Driving Wrong Way on Beltway Gets 9 Years for Fatal Crash

Sun, 31 Jan 2010 08:00:00 EST

A 26 year-old man was sentenced earlier this month to 9 years in prison after crashing into and killing a young mother of 2 as he drove his vehicle the wrong way on the Beltway last March. His blood alcohol level was .16, twice the legal limit in Virginia. The 28 year-old woman was killed instantly; the drunk driver suffered broken bones but survived.

The defense attorney tried to raise doubt by suggesting it was the victim, not his client, who was driving on the wrong side of the highway. However, he was not successful.

Please click here to read the full article in The Washington Post.

To read about another fatal drunk driving accident, please click here.

Rey Maualuga Arrested for DUI

Fri, 29 Jan 2010 08:00:00 EST

Rey Maualuga, a linebacker for the Cincinnati Bengals, was arrested early today in Kentucky for drunk driving after he allegedly crashed into two parked cars and a parking meter.

Teen Gets Harsh Sentence Because of Drunk Facebook Picture

Fri, 29 Jan 2010 08:00:00 EST

A 17 year-old girl was sentenced to 6 months in jail and five years of probation after pleading guilty to criminally negligent homicide and misdemeanor DWI. The charges stem from an incident last May when the underaged teen crashed her car, killing her boyfriend. Her blood alcohol level was .13 (the legal limit is .08).

About a month after that accident, the girl allegedly went to Florida and posted a picture of herself on her Facebook page, calling it "Drunk in Florida."

The judge made it clear when he sentenced the teen that the Facebook photo influenced the sentence, saying, "I'm troubled by your conduct since the crash, and that's the reason for the jail sentence."

To read about another DWI crash, this one in our area, please click here.

Fairfax County Courthouse Renovation Project

Thu, 28 Jan 2010 08:00:00 EST

Our Fairfax County Courthouse was recently the subject of a $100+ Million Dollar Expansion and Renovation Project. Please click here for more information about the Courts.

In this brochure, the architects brag about this big project.

This free E-Book contains a great history of the "Old" Courthouse in Fairfax County, Virginia. This book was originally published in 1977, and the "Old" Courthouse was renovated once again in the late '80's for use by the expanded Juvenile and Domestic Relations Court, and eventually abandoned by the Courts in 2009, when the expansion of the Courthouse at 4110 Chain Bridge Road was completed. The E-book is freely accessible under the rules of the Gutenberg Project.

DWI Charge for NY Officer Who Killed Pedestrian & Refused Breath Test

Fri, 22 Jan 2010 08:00:00 EST

A New York police officer charged with DWI and Vehicular Manslaughter after he struck and killed a pedestrian with his vehicle is now trying to turn the focus onto the victim, a pastor's daughter. He claims she was drunk and wandered into traffic.

The officer reportedly reeked of alcohol and seemed to be drunk, and cups were found in and around his vehicle. He also allegedly refused a breath test.

Reckless Driving Charge for Iowa Man Learning to Drive

Thu, 21 Jan 2010 08:00:00 EST

As unlikely as it sounds, a 22 year-old Iowa man who was learning to drive hit SIX cars in an apartment building parking lot! He hit two cars as he tried to back out of a parking space, then says he hit the gas instead of the brake and rammed into four others, causing a lot of damage to all of them, as well as to a garage door.

Mandatory Minimum Sentences for Marijuana Convictions Might Disappear

Thu, 21 Jan 2010 08:00:00 EST

This is an interesting article about H.R. 1466, which would eliminate mandatory minimum sentences for low-level drug offenses. Fairfax Marijuana Defense Attorney Paul McGlone believes that many times mandatory minimum sentences are much too harsh for the crime that was committed.

If you have been charged with a marijuana offense, please contact me to discuss your case.

Great website reporting news in the War against Marijuana Prohibition

Sun, 10 Jan 2010 08:00:00 EST

Fairfax Marijuana Defense Lawyer Paul McGlone recommends this link to a great site reporting news in the war against Marijuana Prohibition.

http://cannabisnews.com/news/list/cannabis.shtml

Police Admit Mistake with Dozens of Blood Tests

Sun, 10 Jan 2010 08:00:00 EST

The Colorado Springs Police Department recently issued a press release regarding mistakes with dozens of blood tests -- blood alcohol content results were erroneously identified as higher than the true result. Although this occurred in Colorado, DFS in Virginia performs the same exact tests in Richmond for Fairfax DUI cases.

Fairfax DWI Lawyer Paul McGlone Quoted in Wash. Post about Melendez-Diaz Decision

Sun, 20 Dec 2009 08:00:00 EST

In June, 2009, the US Supreme Court gave it's long-awaited opinion in the case called "Melendez-Diaz".

This new case has changed the way that the Commonwealth of Virginia and other states have to prepare evidence in cases where clients are accused of drug cases, DUI/DWI and other types of cases involving scientific evidence. No longer will the government be allowed to simply send in and affidavit or signed statement by forensic witnesses.

Open this link to see Tom Workman's coverage of the new case in the Washington Post, from July, 2009.

Fairfax DUI Lawyer Paul McGlone quoted in Washington Post

Fairfax County DUI Attorney Paul McGlone offers this WSJ article about the late Richard Essen, who was an aggressive defender of those charged with DUI. He questioned law enforcement methods, breathalyzer results, and helped set the standard for successfully challenging DWI charges.

Thu, 17 Dec 2009 08:00:00 EST

Fairfax County DUI Attorney Paul McGlone offers this WSJ article about the late Richard Essen, who revolutionized the legal world by challenging police procedures, police behavior, and breathalyzers.

Fairfax County DWI Police often use Pretext Stops Just Like the DUI SuperCop in this Article

Wed, 18 Nov 2009 08:00:00 EST

This article documents the exploits of a typical "Super-Cop". Numerous jurisdictions around the country have celebrated cops like this with a great arrest record for DWI's until the city realizes that the cops aren't playing by the rules.

US Supreme Court requires government to offer live proof of lab tests.

Wed, 08 Jul 2009 08:00:00 EST

In a case that will likely have a great impact on all drug cases and DWI cases in Viginia, the Supreme Court of the United States has recently rejected the use of signed affidavits in lieu of live testimony to prove the results of lab test for drugs.   According to Fairfax Virginia DUI and Marijuana/Drug Defense Attorney Paul McGlone, this is one of the biggest decisions in protection of Citizen's rights since Miranda v. Arizona.

The new case, Melendez-Diaz v. Massachusetts, dealt with a situation where the state offered a lab sheet signed by the technician who tested the cocaine, but the technician was no available for cross-examination by the defense.   Courts have traditionally allowed such evidence, over the objection of the defense.   In a detailed opinion, Justice Antonin Scalia has explained to the trial judges that the Confrontation Clause of the 6th Amendment really does apply to the government's evidence in these cases.

Now, trial courts will have to decide, on a case-by-case basis, whether this new case will govern certain types of evidence in criminal cases.   Defense attorneys, such as Fairfax Virginia attorney Paul McGlone, predict that there will be a split amongst trial judges on whether the new caselaw applies to such items as breath and blood tests, radar or laser speed tests and various other types of evidence that have, up to now, been established without live testimony.

Follow this link to the full text of Justice Scalia's opinion in Melendez-Diaz v. Massachusetts.

Police Plans for DWI Sting at Drive-ins Falls Flat

Tue, 23 Jun 2009 08:00:00 EST

The National Prohibitionist Movement continues to provide funding for more expansive enforcement against anybody who drinks alcohol.

In this case, police planned to put their officers inside fast-food restaurants and wait for folks that seemed to be under the influence. The sad truth is that this is a reflection of their increasing recognition that they don't know a drunk driver when they see one, so it isn't enough to just patrol the roadways.

Wed, 31 Dec 2008 08:00:00 EST