McGlone Law Firm, P.C. RSS Feed

Maryland Wrongful Death Taser Trial Begins

Wed, 18 Jan 2012 08:00:00 EST

The family of a 20 year-old Maryland man sued the police officer who they say killed their son after shooting him twice with a Taser. The incident occurred in 2007 when neighbors called police to report a fight. What happened next is in dispute. The officer who responded to the call claims he fired the Taser when the man refused his order to show his hands. The family claims the young man was on the ground unconscious when the officer shot the Taser a second time. They are asking for $145 million.

DUI Manslaughter, DUI Maiming Among Charges after Fatal Accident

Wed, 18 Jan 2012 08:00:00 EST

A 22 year-old is in jail after a drunk driving accident that killed an 8 year-old boy and injured his mother. He is charged with DUI Manslaughter, DUI Maiming, and Reckless Driving, and Driving without a License. The driver's BAC was .15, and he was allegedly speeding along Duke Street in Alexandria (Fairfax County), Virginia, when his car jumped the curb, hitting the boy and his mother who were walking on a path to the mall. The boy died at the scene and his mother is in a Fairfax County hospital.

Fairfax Crim Defense Attorney McGlone Recommends the Reference Manual on Scientific Evidence, 3rd.

Wed, 21 Dec 2011 08:00:00 EST

The National Academies have recently released the Reference Manual on Scientific Evidence, 3rd Edition. This volume includes an introduction by Justice Steven Breyer and an excellent opening chapter on The Admissibility of Expert Testimony, by Margaret Berger. http://www.nap.edu/catalog.php?record_id=13163

DUI Charge for LA Dodger After November Freeway Accident

Tue, 13 Dec 2011 08:00:00 EST

LA Dodger James Loney was arrested last month on suspicion of DUI after his expensive sports car crashed into three vehicles on a California freeway and came to a stop in one of the traffic lanes. The drivers of the three vehicles reportedly tried to talk with Loney but he appeared to be unconscious according to a news report. The article claims Loney awoke and tried to flee. Results of a blood test are pending.

FAA Chief Resigns After Fairfax DUI Charge

Mon, 12 Dec 2011 08:00:00 EST

Fairfax City Police issued a news release announcing that FAA head Randy Babbitt was charged with DUI in Fairfax, Virginia last weekend after police stopped him for driving on the wrong side of the road. He cooperated with police, but his field sobriety and breath tests results were not released. He is expected in Court in early February and has since resigned from his FAA post.

ESPN Fires Matthew Barnaby after DUI and Refusal

Fri, 09 Dec 2011 08:00:00 EST

Former NHL Player Matthew Barnaby was charged with DUI in New York last weekend after police stopped him for allegedly driving a vehicle with front end damage and a missing front wheel. He failed field sobriety tests and refused a breath test. Police issued tickets to him and ordered him to appear in Court at a later date. ESPN fired him the from his job as a hockey analyst the day after the incident.

Fairfax County Has Most Drunk Driving Related Deaths in Virginia

Tue, 06 Dec 2011 08:00:00 EST

According to a Fairfax County Police Department news release, we have the highest number of drunk driving related fatalities in Virginia - an average of 19 annually. Virginia is a part of the Checkpoint Strikeforce Campaign, which has, for 10 years, aimed to decrease DUI's through education, sobriety checkpoints, saturation patrols, and heavy enforcement especially around the holidays. In this 10-year period, Virginia's alcohol-related fatalities have fallen 23%, and alcohol-related injuries have decreased 32%.

Wine, Marijuana in 17 Year-Old Conrad Hilton's Car after Crash

Sat, 26 Nov 2011 08:00:00 EST

Conrad Hilton, Paris Hilton's 17 year-old brother, crashed his car into a parked car last weekend after a night out. He gave his information to a witness, and allegedly told one of them he was drunk and admitted he had done "a stupid thing." He left before police arrived. Photos of the inside of HIlton's car after the wreck show two (unopened) bottles of wine and a bottle of medical marijuana. He will not face any charges because he provided his information to the witness, and there is no proof that the wine and pot weren't put in the car after Hilton left.

Belligerent Drunk Driver Seems to Have Fun with Arresting Officer

Fri, 25 Nov 2011 08:00:00 EST

A 24 year-old Arizona woman did not make it easy for a police officer when she was stopped on suspicion of DUI. She kneed the officer in the groin during a brief struggle, spewed profanities, and smiled happliy with both thumbs up for her mug shot. She was charged with DUI, aggravated assault on a police officer, and resisting arrest.

Ignition Interlock for Every Driver?!

Thu, 10 Nov 2011 08:00:00 EST

An effort has been underway for a few years now that is researching ways to put anti-drunk driving technology into cars - even those driven by people who have never been charged or convicted of DUI. It is a A joint effort of the Automotive Coalition for Traffic Safetly and the National Highway Traffic Safety Administration called DADSS (Driver Alcohol Detection System for Safety ), and its aim is to find systems that could be installed in every car to prevent drunk driving.

Sensors (touch based or breath based) would scan a driver to determine his or her BAC. If it were over the legal limit of .08 (the limit in all 50 states), the car would be disabled, similar to an ignition interlock device currently used for some drivers who have been convicted of DUI.

Read more in this news article.

Not Guilty of DUI says Rodney King

Wed, 09 Nov 2011 08:00:00 EST

Rodney King, an African American brutally beaten by white police officers in 1991 (whose acquittal led to violent riots in Los Angeles), was arrested in California last July and charged with DUI (of marijuana) and driving with a BAC above the legal limit. He plead not guilty in Court Monday, November 7, and returns for a hearing on November 21. He has a prior DUI conviction, so if he is found guilty of the current charges he could face jail time.

Drunk Pilot Going to Prison

Wed, 09 Nov 2011 08:00:00 EST

Six months in prison, six months of home detention, and two years of supervised release: that is the sentence for a 33 year-old United Express pilot who was arrested in December of 2009 after the plane's captain smelled alcohol on his breath. A breathalyzer revealed a BAC of .09. While .08 is the legal limit in all 50 states for driving, it is .04 for flying, as mandated by the FAA.

Marijuana Case Tossed After Officer Lies on the Stand

Mon, 07 Nov 2011 08:00:00 EST

A marijuana case in Philadelphia has been thrown out after the arresting officer perjured himself. Just after the officer testified about the details of the traffic stop and subsequent search of the defendant and his vehicle, the defense attorney played a surveillance video that showed that the officer's testimony was not true. He did not, for instance, have a conversation with the defendant before searching him and his passenger. He also did not, as he had testified, waited for a warrant before searching the defendant's trunk. Perhaps most disturbing is the fact that a supervising officer was on the scene when the illegal search took place. This case illustrates what most defense attorneys already know - that police don't always tell the whole truth on the stand.

Cannabis Can Induce Symptoms of Schizophrenia

Mon, 07 Nov 2011 08:00:00 EST

Researches in England led a study in which they gave cannabis to rats and discovered it disrupted brain waves, leading to impairments like those seen in the brain activity of schizophrenics. The rats had trouble getting through a maze after exposure to the substance.

Take a Chance - DUI or Child Neglect?

Thu, 27 Oct 2011 08:00:00 EST

A 31 year-old Wyoming man decided to take a chance and have his 9 year-old son get behind the wheel of the family's vehicle after he and his wife had had too much to drink. The family was visiting Orlando, Florida when the boy crashed the car and his father was arrested for child neglect. This is similar to another incident that occurred just days earlier in Michigan where a father had his 9 year-old daughter drive him to a gas station after a night of drinking.

Drunk Dad's Designated Driver his 9 Year-Old Daughter

Wed, 26 Oct 2011 08:00:00 EST

A Michigan man is in trouble after allowing his 9 year-old daughter drive him to a gas station around 3 A.M. earlier this month. The man told a clerk he was drunk, and that his daughter was drove him there. The clerk watched the two leave the store and saw the girl get behind the wheel and drive off. Police stopped the vehicle a few miles away, and the young driver expressed surprise because she thought she was driving just fine - she was even sitting in a booster seat behind the wheel. Her father was charged with child endangerment.

Fairfax County Police Officer Charged with DUI

Wed, 26 Oct 2011 08:00:00 EST

A 41 year-old Fairfax County police officer was charged with DUI Monday after crashing his personal vehicle into a utility pole in Springfield, Virginia. He is on administrative leave while the accident is investigated.

Are Marijuana Drug Checkpoints Illegal in Virginia, Fairfax County?

Sun, 23 Oct 2011 08:00:00 EST

This article about Drug Checkpoints in Flint, Michigan highlights the questionable legality of stopping innocent citizens without suspicion of any criminal activity.

Routine checkpoints like this were outlawed in 2000 by the United States Supreme Court in the case of City of Indianapolis v. Edmond. The Court in Edmond focused on the lack of individualized suspicion and the fact that the High Court had never approved of checkpoints for general criminal activity.

However, the Edmonds case has been narrowed on a few occasions, and cops are allowed to set up checkpoints if they can meet certain standards.

DUI for Underage Disney Star

Mon, 17 Oct 2011 08:00:00 EST

Mitchell Musso, 20, was arrested early Sunday morning in California after he failed to slow down at an intersection where police were directing traffic. Police pulled him over and smelled alcohol. Musso failed field sobriety tests and a breath test. His BAC was described as "well above" the .08 limit; however, since Musso is underage, any amount of alcohol detected would be illegal.

DUI for Walmart Heiress on Her Birthday

Sun, 16 Oct 2011 08:00:00 EST

The daughter of the founder of Walmart was arrested in Texas earlier this month on her way home from a dinner celebrating her 62nd birthday. A trooper pulled her over for speeding in a construction zone and issued a field sobriety test, which she failed. She refused a breath test and was arrested. According to this article, she has a 1998 DUI conviction in Arkansas, and was allegedly involved in a 1989 accident that killed a woman, although no charges were apparently filed in that case.

Fairfax County DWI Checkpoint Nets 1 Arrest

Thu, 13 Oct 2011 08:00:00 EST

Fairfax County Police held a DWI checkpoint last Saturday, October 8 in Fair Oaks, resulting in 1 DWI arrest. All westbound drivers on Route 50 (Lee Jackson Memorial Highway) near the intersection of Alder Woods Drive were stopped to be sure they were not impaired. In addition to the single DWI arrest, 7 summonses were issued for other traffic offenses.

No DUI for Drunk Who Mistook Police Station for Casino

Mon, 03 Oct 2011 08:00:00 EST

A 21 year-old entered the University of Nebraska-Lincoln police station Saturday wanting to play blackjack. He even tried to buy chips from a police officer, who explained to the man that he was not in a casino. The man left, but returned a few minutes later. Police gave the man a Breathalyzer test, which he failed - his BAC was 0.273! Police didn't arrest him, though, saying he hadn't committed a crime, but they kept him in custody until he sobered up.

Sixth DUI for Fugitive Illegal Immigrant

Thu, 29 Sep 2011 08:00:00 EST

A 48 year-old man was stopped by police earlier this week for an expired sticker, and was arrested for DUI. Although he gave a false name, his fingerprints identified him as a fugitive wanted by Homeland Security and ICE. In addition, he already has 5 DUI convictions, and had even been deported because of them.

US Government Provides Pot to 4 Americans

Thu, 29 Sep 2011 08:00:00 EST

This is a very interesting article that discusses how the United States provides marijuana to 4 people each month to treat various medical problems. It explains why they are able to get it, and provides information on when marijuana was outlawed and the beginning of legal medical marijuana use.

Marijuana and DUI - Are Sober Drivers Being Arrested?

Thu, 29 Sep 2011 08:00:00 EST

Drivers under the influence of marijuana or other drugs are often charged with DUI. However, blood testing seems to be the only accurate measure of determining how much THC is in the body (THC can show up in urine nearly 2 weeks later), and blood testing is not done roadside after a traffic stop.

It is more important to determine driver impairment than THC blood levels, since those levels vary depending on many factors, including frequency of marijuana use. This article contains great information on some of the science of THC levels.

It also explains that field sobriety tests are being developed in an effort to more accurately determine which drivers are actually impaired, and which ones are perfectly sober even if trace amounts of THC are detected.

DUID in Virginia - Driving Under the Influence of Drugs

Thu, 29 Sep 2011 08:00:00 EST

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 even those tests could lead to the conviction of sober drivers.

Here in Fairfax County, Virginia, DUI drug cases are called "DUID." This may well be the future of DWI laws. They are moving towards making cars that won't start if the driver has alcohol on his or her breath, and so eventually they would have to resort to prosecuting more DUID cases in order to keep the money flowing. (Drivers under the influence of alcohol wouldn't be driving if their car won't start, resulting in fewer DWI charges, resulting in less money for the County.)

In practical terms, most cops don't automatically think "DWI" when they smell marijuana during a traffic stop. They will usually search the vehicle, find the marijuana, and charge the driver with possession of marijuana. If there has been an accident, or if the driver is obviously intoxicated, then they might start doing DWI tests.

However, most cops don't realize that the Standard Field Sobriety Tests are designed for alcohol, and they are not automatically "just as good" for investigating other types of cases.

So, if the driver doesn't do so well on field sobriety tests, then the cop will probably make an arrest, and then the driver will have his or her blood drawn. For marijuana, there is no set "legal limit" like there is for alcohol and a few other drugs. In Virginia, there are a few drugs that do have set limits, and they are listed right here:

(a) 0.02 milligrams of cocaine per liter of blood,
(b) 0.1 milligrams of methamphetamine per liter of blood,
(c) 0.01 milligrams of phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

For all other drugs, there is no set amount, so you should expect that a good Fairfax County DWI Attorney is going to make it very difficult for the State to prove such a charge.

Thousands of Sober Drivers Face DUI Charges Each Year

Sun, 25 Sep 2011 08:00:00 EST

An article in a Mississippi newspaper titled "Innocent often fall victim to DUI laws" claims thousands of people in that state are wrongly arrested for DUI every year. It says breathalyzers are unreliable, and, on top of that, the results from those tests are often higher than they should be because of residual alcohol in one's mouth. The law allows blood testing as an option, but officers don't often inform citizens of this. Blood testing is more accurate than breath testing.

The article also suggests DUI checkpoints are illegal, violating the 4th Amendment of the Constitution (prohibits unreasonable search and seizure), and says the U.S. Supreme Court continutes to deny "many of the typical civil rights protections" to those charged with DUI.

Why Settle For One When You Can Have 2 in the Same Night? DUI's That Is!

Fri, 23 Sep 2011 08:00:00 EST

A Pennsylvania man was arrested and charged with DUI Monday night, and released into the company of a friend. The "friend" however, apparently didn't have the man's best interest in mind, and apparently took the just-released man to his car. The same trooper who stopped him the first time saw him driving again - just 15 minutes after his release! - and arrested and charged him a second time.

Kindergartener's Show & Tell: Crystal Meth and Crack Pipe

Thu, 22 Sep 2011 08:00:00 EST

A kindergartener in a small Missouri town was prepared for show and tell at school earlier this month. However, he didn't get to share his items with the class. A teacher saw what the boy had brought, and discovered that the items were crystal meth and a crack pipe! Not surprisingly, the boy's 32 year-old mother was later arrested on drug charges.

Criminal Charges for Man Caught on Ex-Wife's Toilet

Sun, 28 Aug 2011 08:00:00 EST

A 24 year-old Pennsylvania man is facing criminal charges after his ex-wife returned home to find him sitting on her toilet. Police discovered that he had broken into the woman's house, put her photo ID's into the toilet, and defecated on them; they arrested him a few days later and charged him with burglary and criminal mischief.

DUI for Police Officer Pulling DARE Trailer

Fri, 05 Aug 2011 08:00:00 EST

An Indiana police officer is facing a DUI charge after crashing into a parked car and a tree last month. What makes this story different is that the officer was driving a pick-up truck that was pulling a DARE (Drug Abuse Resistance Education) trailer -- he was a School Resource Officer, responsible for educating and being a role model for students at 7 area schools. I wonder how long he'll keep THAT job!

MADD Wants Ignition Interlock Devices for Everyone Convicted of DUI

Thu, 04 Aug 2011 08:00:00 EST

Even while a bill requiring ignition interlock devices on cars of those convicted of DUI with a BAC of .15 is set to take effect in Maryland this fall, MADD wants more. They are pushing for the devices to be installed on the cars of anyone convicted of a DUI, regardless of his or her BAC level. They want cars built with technology that could detect a driver's blood alcohol content through breath or skin.

No Tasers for NC Police Department After 2nd Death

Wed, 03 Aug 2011 08:00:00 EST

The Charlotte-Mecklenburg Police Department (CMPD) has taken all tasers from its officers after a second man died in police custody after being tasered.

The most recent incident happened last month when police responded to a call of a man beating a woman at a light rail station. They identified the suspect, and he fled. He was tasered during the officer's pursuit, and was non-responsive while being taken into custody. Medical help arrived and took him to a hospital, where he was pronounced dead.

The first death occurred a few years ago when police responded to a report of a man arguing with his employer. Police tasered him twice - video shows that the trigger was held for 37 seconds and then for 5 seconds. A federal jury awarded that victim's family $10 million just days before the second death in July.

The CMPD claims to be testing each taser and reviewing its Taser protocols.

Drunk Dad Tries to Avoid DUI by Letting 8 Year-Old Son Drive

Mon, 01 Aug 2011 08:00:00 EST

Louisiana police were in for a surprise over the weekend when they responded to a call about an erratic driver. They pulled the driver over and discovered it was an 8 year-old boy! The boy's father, a 28 year-old from Mississippi, had been drinking and had allegedly instructed his son to drive to Texas while he slept in the passenger seat. The boy's 4 year-old sister rode in the backseat. The father is facing several charges, including child desertion, allowing a minor to drive, and open alcohol container.

DUI for Al Pacino's Daughter

Sun, 31 Jul 2011 08:00:00 EST

Al Pacino's daughter, Julie Marie Pacino, was arrested early yesterday morning in New York, and charged with DUI. She was stopped because of an expired registration, and reportedly told officers she had drunk three beers and smoked marijuana a few hours earlier. She was taken to a police station and given a Breathalyzer test; she blew a .12.

Drunken Sex on the Beltway in Fairfax at 85 mph

Tue, 12 Jul 2011 08:00:00 EST

A bizarre civil case came to a close in Fairfax County last month, a case involving allegations of sex while driving, drunk driving, and excessive speeding. The incident happened in May, 2010 when a car traveling 85 mph on the Inner Loop near Telegraph Road crashed into a minivan taxi being driven by the Plaintiff.

It is unclear who was driving the vehicle that caused the accident - the defendants have changed their stories, and were apparently too drunk to remember the details, yet they disputed most of the allegations. One of the defendants, who, just after the crash, admitted he was driving, was convicted of DUI, but in the civil case denied he was the driver.

The Washington Post article lists a sample of the allegations, posted below:

Paragraph 10. “At the time of the collision, Defendant was going 85 miles per hour.”
Paragraph 12. “At the time of the collision, Defendant was having sex with a female.”
Paragraph13. “At the time of the collision, Defendant was driving admittedly drunk.”
Paragraph 14. “At the time of the accident, Defendant was partially or totally in the backseat of the car.”

Deadly Drug Raid: Police Shoot and Kill Man with Golf Club

Thu, 16 Jun 2011 08:00:00 EST

Last fall, Utah police shot and killed a man in a no-knock drug raid. The 45 year-old victim appeared in a hallway, holding a golf club, when police stormed his house, and they shot him without warning. They didn't tell him to drop the weapon or to lie on the ground; they just shot him dead. The raid revealed a small amount of marijuana and no other drugs.

Police Shoot over 71 Rounds and Kill Marine

Thu, 16 Jun 2011 08:00:00 EST

Last month a former Marine who served two tours in Iraq was shot to death in his home by a SWAT team looking to serve a warrant. They fired over 71 shots, killing the young father of two. No drugs were found in the house.

DUI one of 4 Drunk-Driving Charges for MD Firefighter Union Chief

Thu, 26 May 2011 08:00:00 EST

The 59 year-old president of the Montgomery County Career Fire Fighters Association was arrested after police found him driving on the wrong side of a highway on April 18. His BAC was allegedly well in excess of the .08 legal limit. He was charged with four drunk-driving charges, reckless driving, and five more traffic offenses. His court date is June 30.

California Man Dead After Police Taser Him During Traffic Stop

Sun, 22 May 2011 08:00:00 EST

A 43 year-old California man died earlier this month when police tasered him during a traffic stop. Officers allege the victim ran a stop sign, and became combative as he exited his car during the stop. The victim's father denies his son was combative and calls his son's death murder. He says his son was overweight and had high blood pressure, and that a taser never should have been used. He is contemplating legal action.

Police Officer Charged with DWI and Refusal Loses Drivers License

Sun, 22 May 2011 08:00:00 EST

An Albany police officer lost his drivers license early last month after a DMV hearing was held because he refused a chemical breath test after his DWI arrest last December. Brian Lutz, 40, was arrested after a patrolman responded to a report of a vehicle stopped in a lane on I-787. Mr. Lutz appeared to be asleep, and there was vomit outside the open driver's door. He failed several field sobriety tests, and registered a BAC of .21 percent an alcohol pre-screening device. He later refused a chemical breath test at the police station. His trial date has not yet been set.

Federal Prosecutor Charged with Refusal, then Later DUI

Sun, 22 May 2011 08:00:00 EST

During the 2009 Thanksgiving weekend, the Warwick, Rhode Island police department arrested and charged 8 people with refusal to submit to a chemical breath test; 7 of those were also charged with DUI. The only one who wasn't charged with DUI was a federal prosecutor.

This, of course, raised questions and led to an internal investigation as well as one by the U.S. Department of Justice. After the police chief reviewed the records, the prosecutor was, a few days later, also charged with DUI. The reports showed that the circumstances of all 8 arrests were very similar, and that the arresting officer's observations also indicated the prosecutor was likely intoxicated.

Prosecutors Hide Evidence, Send Man to Death Row, and Go Unpunished

Sat, 21 May 2011 08:00:00 EST

John Thompson, wrongly convicted of robbery and murder, questions why the prosecutors who hid evidence from his defense attorneys go unpunished. Mr. Thompson's op-ed explains the circumstances of his case and how, years later, investigators hired by his attorneys discovered evidence that would have exonerated Mr. Thompson had they shared it with the defense nearly two decades earlier at his trial.

DUI for Former MADD Chapter President

Fri, 13 May 2011 08:00:00 EST

A former president of a MADD chapter in Florida was arrested last month for DUI. The 48 year-old woman was pulled over for erratic driving.

nearly .24 on 2 breath tests

Judges' Rulings Affected by Hunger and Fatigue

Thu, 12 May 2011 08:00:00 EST

A research team at New York's Columbia Business School studied the results of over 1,000 parole hearings for Israeli prisoners. The hearings took place over a ten-month period, and were presided over by eight different judges.

They found that the judges granted parole much more often for inmates whose cases were heard shortly after a meal break, and were denied much more frequently for those heard just before a break, leading them to conclude that hunger and fatigue play a part in the decision-making.

They also suspect that it isn't limited just to the legal field, and that doctors and other decision-makers may also choose an easy decision when they are tired or hungry.

The article in Scientific America inlcludes more details of the study.

DWI Checkpoint Results - Mason District 5/2011

Wed, 11 May 2011 08:00:00 EST

Fairfax County Police held a DWI checkpoint Columbia Pike near the intersection with Blair Road on May 7, 2011 from 11:30 P.M. to 2:30 A.M. They checked approximately 604 drivers in the eastbound lanes for signs of alcohol or drug impairment, and arrested 2 for DWI. They also charged six people for traffic offenses, and three with possession of marijuana.

DWI Checkpoint Results - McLean District 4/2011

Tue, 10 May 2011 08:00:00 EST

Fairfax County Police held a DWI sobriety checkpoint on April 29 from 11:00 P.M. until 2:00 A.M. on Lee Highway near the intersection of Fairview Park Drive. They stopped approximately 463 in the northbound lanes and made one DWI arrest. They also charged one person with a traffic offense and another with a criminal offense.

Fairfax County Police DWI Checkpoint Results - Mount Vernon District 4/2011

Mon, 09 May 2011 08:00:00 EST

Fairfax County Police had a DWI checkpoint on Richmond Highway near the intersection of Fairhave Avenue on April 23 from 11:30 P.M. until 2:30 A.M. Approximately 770 drivers were stopped in the southbound lanes. No DWI arrests were made, but four were charged with traffic offenses, and two people with minor criminal offenses.

DWI Checkpoint Results - Sully District 4/2011

Sun, 08 May 2011 08:00:00 EST

On April 15 Fairfax County Police conducted a DWI checkpoint on Route 28 (near the intersection with Route 29) from 11:30 PM until 2:30 AM. They stopped approximately 723 in the northbound lanes, resulting in one DWI arrest, five summonses for traffic offenses, and one concealed weapons charge.

Fairfax County Releases Crime Statistics for 2010 Using New System

Sun, 08 May 2011 08:00:00 EST

Last month the Fairfax County Police Department released 2010 crime statistics, using a new reporting system. There were a total of 17,453 crimes, including 16 murders, 74 rapes, and 394 robberies. Under the old system, if a number of crimes were committed during one incident, only the most serious was reported. With the new system, which is the federal standard, every crime committed, even during the same incident, is reported. Therefore, it isn't statistically accurate to compare the 2010 numbers to previous years' data.

Do Drivers Speed More on Mother's Day?

Sun, 08 May 2011 08:00:00 EST

Finland says so. Their Central Organization for Traffic Safetly says their data shows this is true, even though female drivers are, overall, more patient and less aggressive drivers. No information on whether this is also true in the U.S.

Reckless Driving for Two Involved in Crash that Injured VA State Trooper

Mon, 11 Apr 2011 08:00:00 EST

Two Virginia State Troopers were hurt Friday night in separate but related incidents. One trooper was responding to an emergency call when the car in front of him suddenly stopped on I-395S. The trooper was able to stop, but his vehicle was rear-ended by another car. Those two drivers (in front of and behind the trooper) were charged with reckless driving.

Another trooper heard a report of the incident on his radio and responded, but his car ran off the road and hit a barrier. The three men injured in the first accident, and the one injured in the second one were all treated at Fairfax Hospital for non-life-threatening injuries.

Deja Vu - 2nd Dulles Passenger Swallowed 4 Pounds of Heroin Pellets

Sun, 10 Apr 2011 08:00:00 EST

A second man has been arrested for arriving at Dulles Airport with heroin pellets in his stomach. This time the man flew from Ghana, and had swallowed 100 heroin-filled pellets. He apparently raised suspicion by providing different reasons for his trip to the US, some of the conflicting. He, like the passenger arrested a few days previously, was taken to the hospital where an x-ray revealed the pellets. The supporting affidavit for this case is also in our library.

Dulles Passenger Arrives with $125K Worth of Heroin in Stomach

Sat, 09 Apr 2011 08:00:00 EST

A 45 year-old man arrived at Dulles Airport from Italy last month with almost 4 pounds of heroin pellets in his stomach. Customs officials believed he was acting suspiciously and seemed nervous, and he was carrying anti-diarrheal medicine. An x-ray revealed 88 pellets in his stomach that weighed 3.7 pounds. He was arrested and remains in custody.

The affidavit contains more details.

DUI for DUI Court Judge

Fri, 08 Apr 2011 08:00:00 EST

A Montana Judge is facing a misdemeanor DUI charge for driving under the influence of methadone. The man, a justice of the peace and retired police officer, was on his way to the courthouse last November to perform a wedding. He showed up at the police station, asking to be let into the courthouse. Police noted his confusion and profuse sweating, and he admitted he had driven himself there. The police administered field sobriety tests and later sent him to a hospital for a blood test, which confirmed the presence of methadone. The Judge believes the charges are without merit. He has not been removed from the bench because the charge is a misdemeanor, not a felony.

DWI Trial Report-- Superbowl Sunday; .13 BAC Dismissed after Alcosensor Ruling

Thu, 07 Apr 2011 08:00:00 EST

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 Commonwealth was able to get the breath test into evidence.   Alcosensor (PBT) evidence is pivotal at the Probable Cause phase of the trial, and this case is a great example of a winning Fairfax County DUI trial.

(Note that the details disclosed on blog are only the facts actually offered in open court, so that no confidential client information is revealed.   Further, we try to avoid mentioning prosecutor or judge by name, since every case has different facts and nobody can predict that the next case will have a similar result).

Here are some details of how this one unfolded:

Client was stopped on Superbowl Sunday-- more specifically, it was about 1:30 Monday morning.   The officer actually testified that he was out on Fairfax DUI patrol because of the increased scrutiny after the Superbowl.   Officer described weaving within the lane, which he actually called "straddling the lane markers" but on questioning he described it specifically as "tires touched the white lane divider lines on 3 or 4 occasions over a 1 mile stretch".    The officer also testified that the license plates came back as "not in system", suggesting that they were not valid.   In fact, it was a new car and the DMV records were not reflecting the issuance of these tags by the dealer.    So, that was the basis for the stop, and we objected to the stop, asking the Court to dismiss the case for an invalid stop, based on standards applying caselaw to the Fourth Amendment.

This is often the first opportunity for the defense to ask for a dismissal of the case during a Fairfax County DWI trial, and if the Court finds that the initial traffic stop violates the Fourth Amendment, then the whole Fairfax County DUI case will be dismissed.   This isn't going to happen very often, but it is an important part of the trial, since it forces everybody to take a look at the case from the earliest point, without hearing about roadside tests or the final BAC reading.

The Court was interested in the limited evidence about driving behavior, but ultimately denied the motion to suppress the stop. This early ruling was based on the fact that the DMV did not have the tags in the computer, so the officer had a good faith belief that something was wrong when he made the stop.   The judge did indicate that "it was close" and that would help as we moved to the next phase of the trial.

Next up, the Fairfax County Police Officer testified about the Field Sobriety Tests that he administered to my client.   The tests had a few indicators that are generally seen as signs of impairment, but he also did well on several aspects of the tests.   This is where the officer has to make a decision to make a warrantless arrest, and that decision has to be based on whether he has sufficient evidence to establish "probable cause" that my client was driving while intoxicated (DWI).

In order to assist the officer in the Probable Cause Decision, Virginia law requires the use of a Preliminary Breath Test (PBT) device in the field, prior to the arrest decision.   The law on the subject (Virginia Code Section 18.2-267) spells out very specific procedures for the use of this device in the field, and generally prohibits the use of it in the Courtroom.

Caselaw, including the Stacy case, allows use of the alcosensor (PBT) evidence in very limited situations, generally when the defense has raised questions about probable cause.   In this Winning Fairfax County DUI trial, the government tried to get in evidence that my client blew .11 on the PBT, but the judge did not allow it because the officer had not complied strictly with the requirements of Virginia Code Section 18.2-267.    Without the alcosensor evidence, it was a short leap for the Defense to argue that there was no probable cause for the arrest.   Without proof of probable cause for the arrest, there would be no way that they could use the final breath test (.13 BAC) in evidence, and so the Defense gets a dismissal--- Not Guilty!

Haynesworth's Assault Trial Delayed until May

Thu, 31 Mar 2011 08:00:00 EST

Albert Haynesworth, a Washington Redskins defensive tackle, has two more months to prepare for trial on an assault charge. The trial was postponed from today until May 26. Mr. Haynesworth was charged with misdemeanor assult after an alleged road rage incident in Reston last February.

Synthetic Marijuana Illegal in Virginia

Fri, 25 Mar 2011 08:00:00 EST

Synthetic marijuana is now Illegal in Virginia. It has often sold as potpourri, incense, and bath salts, and has been suspected as the cause of sicknesses and deaths across the country.

Possession of the substance is a misdemeanor, while distribution is a felony.

DUI Checkpoint Apps Could Get You a Ticket

Thu, 24 Mar 2011 08:00:00 EST

Although Smartphone apps that warn drivers of DUI checkpoints are legal, using them could still result in a ticket, and police in D.C., Maryland, and Virginia are more than happy to issue you one. Laws prohibiting distracted driving allow officers to ticket drivers who are not paying full time and attention to their driving, so if they see you handling your phone in traffic, they could pull you over.

Man Charged with Felony DWI Takes 5 Cans of Beer to Court

Thu, 24 Mar 2011 08:00:00 EST

A man in NY showed up to Court with 5 cans of beer, one of which he was carrying as he tried to pass through the metal detector. The other four were unopened in his bag. He arrived 1 1/2 hours late on a felony DWI charge (not his first). The Judge asked him if he enjoyed his liquid lunch and then revoked his bail.

DUI for Sexting Drunk Driver

Thu, 24 Mar 2011 08:00:00 EST

A Florida man is facing a DUI charge after crashing while "sexting" his girlfriend last weekend. He first claimed that another car cut him off, but then admitted he crashed while sending racy texts to his girlfriend. The officer claims the defendent smelled of alchohol, had glassy eyes, and slurred his speech, and conducted a field sobriety test. The defendant failed that test, and refused a breath test.

Fairfax County Sobriety Checkpoint Today

Thu, 17 Mar 2011 08:00:00 EST

Fairfax County Police announced that they will conduct a sobriety checkpoint today, St. Patrick's Day. They did not specify the time or location, and encouraged drivers to celebrate responsibly. SoberRide is offering free rides home today to try to keep drunk drivers off of the roads.

Free Ride Home Today from SoberRide

Thu, 17 Mar 2011 08:00:00 EST

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/

Fairfax Man Killed by Drunk Driver

Tue, 15 Mar 2011 08:00:00 EST

A Fairfax County man was killed last night by a drunk driver who crashed into his car and pushed it into oncoming traffic.

The driver who caused the accident on Route 1 near Telegraph Road reportedly tried to flee the scene, leaving his two passengers (one of whom is a 3 year-old child). He was caught shortly after the accident and was arrested.

He faces multiple charges, including 2nd offense DWI within 5 years, aggravated involuntary manslaughter, driving on an alcohol-related revoked license, child endangerment, and 2 counts of felony hit and run.

Man Drinks Beer in Front of Officer and Fails Sobriety Tests

Mon, 14 Mar 2011 08:00:00 EST

Ohio police pulled over a car for speeding earlier this month. When an officer asked the driver, a 25 year-old Ohio man, if he'd been drinking, he took a drink from an open beer can and said "yes." He failed field sobriety tests and now faces charges of DUI, Driving under Suspension and Possession of Marijuana.

Drinking to Avoid a DUI

Mon, 14 Mar 2011 08:00:00 EST

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 they can't use a breath test in Court because it is just a measure of alcohol and some of the alcohol was consumed after the driving was done.

So, will it work? This link is a news item from Ohio where it might not work for this guy. It says that he took a swig of beer during a traffic stop, but then he failed all of the sobriety tests.

Well, he may be lucky enough to prevent a breath test from coming into evidence at trial. However, he may win the battle but lose the war. He might still be convicted of DWI if there REALLY were clear signs of intoxication from the Driving, Field Sobriety Tests, and other behavior. Now, cops will usually say that a driver failed sobriety tests, but they can't really say that in Court. They should be limited to specific obvervations about what they saw and let the judge draw the ultimate conclusion as to whether the client was intoxicated. A skilled Fairfax County DUI Lawyer will always be arguing about all of the things that the client has done that are consistent with sobriety, but the absence of a breath test is not always enough to avoid conviction.

If they do decide to convict the guy, they will have to decide how to sentence him, and whether to give a restricted license, and they may take into account the "Clever" actions that he has taken to avoid having a breath test used against him.

This whole defense aspect of the episode seems to be lost on the journalist in this case, but that is typical of superficial media reports on the important subject of DWI arrest and defense.

Police Officer Threatens to Taser Suspects' Testicles

Thu, 10 Feb 2011 08:00:00 EST

Last May police reponded to a call regarding a theft, and they apprehended two of three suspects. The two men were put in separate police cars, both equipped with video cameras. One of the police officers can be seen threatening both men with his Taser, claiming he would Taser their testicles if they didn't name the 3rd suspect. The officer has been suspended with pay, and will be sentenced in June.

16 Year-Old Boy Fell Off Roof after Police Tasered Him

Wed, 09 Feb 2011 08:00:00 EST

A 16 year-old boy is hospitalized with serious neck and back injuries sustained from a fall off his roof when police tasered him. The police arrived in the Baltimore neighborhood yesterday morning to investigate a problem with the boy's monitoring device (he was on home detention for a hand gun violation). The boy's parents let the police in, and the boy tried to flee by climibing out a 2nd-story window and "onto the roof ledge below."

A Baltimore City Police spokesman said the boy "engaged [the] police officers" who felt it necessary to use the taser. A neighbor who saw the incident believe the police could have handled the situation differently.

Involuntatry Manslaughter for Drunken Driver who was Texting

Mon, 07 Feb 2011 08:00:00 EST

A Virginia man's involuntary manslaughter conviction charge was upheld in Virginia Appeals Court last month. The conviction stems from an incident in January, 2009, when three cousins attended a birthday party where alcohol was served. One of the cousins left on foot; the other two left later in a vehicle. The driver was texting along a dark roadway when he ran over and killed his cousin, who was lying in the street.

Virginia Saturation Patrols Looking for Drunk Drivers after Super Bowl

Sun, 06 Feb 2011 08:00:00 EST

Virginia State Police are dispatching "Saturation Patrols" this evening - additional troopers who will be looking specifically for drunk and aggressive drivers on Virginia's highways. They encourage Virginians to enjoy the Super Bowl, but to be responsible and have designated drivers or call a cab so everyone makes it home safely.

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

Sun, 06 Feb 2011 08:00:00 EST

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 call a taxi for a ride home.

Redskins' Haynesworth Facing Simple Assault Charge

Sat, 05 Feb 2011 08:00:00 EST

Albert Haynesworth, a Washington Redskins defensive lineman, was charged with simple assault after an alleged road rage incident in Reston, Virginia, on February 2.

The Washington Examiner reported that Haynesworth was driving a pick up truck on the Fairfax County Parkway when the driver of the vehicle in front of him, a Honda Civic, apparently felt he was being tailgated and made a hand gesture. At a stop light, Haynesworth got out of his truck and approached the driver of the Civic. The two reportedly "exchanged words" and then Haynesworth allegedly assaulted the other driver.

Haynesworth's agent denies the allegations.

Visiting a DC Inmate? Don't have an Outstanding Warrant!

Fri, 21 Jan 2011 08:00:00 EST

The Washington, D.C. Department of Corrections will soon change the requirements for jail visitors. Instead of merely providing an ID, they will be fingerprinted, and the prints will be checked against databases of outstanding arrest warrants. If a match is made, the visitor shouldn't expect to leave the jail as planned.

Drug Charges for Prince William County Teacher

Thu, 20 Jan 2011 08:00:00 EST

A 33 year-old math teacher was arrested in December and charged with two counts of possession with intent to distribute oxycodone. A search of her home yielded the oxocodone, drug paraphernalia, and cash. Four other people were also charged with drug offenses. They are all expected in Court on March 7.

Operation Bull Run: 25 Arrests in Drug & Weapons Sting

Thu, 20 Jan 2011 08:00:00 EST

Operation Bull Run came to an end after two years when 25 arrests were made on Monday.

Undercover officers completed 215 drug and weapons buys during the effort. It is believed that several drug rings were involved, all trying to make as much money as they could in Manassas, Virginia. Suppliers and dealers were arrested, and many law inforcement agencies were involved: Fairfax County Police, Bureau of Alcohol, Tobacco and Firearms and Explosives, Prince William County police, police, Manassas City police and Manassas Park police.

Off-Duty Maryland Cop Kills Elderly Pedestrian

Thu, 20 Jan 2011 08:00:00 EST

An off-duty Maryland State Trooper struck and killed an 88 year-old man who was apparently walking on the street (while pushing a lawn mower) last night. The trooper was driving a vehcile registered to the Maryland State Police.

Salvatore Culosi Case Settled with Fairfax County for $2 Million

Thu, 20 Jan 2011 08:00:00 EST

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.

So, to serve the warrant, they take out the whole swat team and swarm his front yard. While they are taking him out with no resistance whatsoever, one of the guns accidentally goes off.

Why did they take a heavily armed SWAT team out for such a simple warrant service?

Because the HAVE a heavily armed SWAT team. And they have nothing better to do.

DUI for Driver of Stolen Golf Cart

Wed, 19 Jan 2011 08:00:00 EST

You don't have to be driving a car or truck to be arrested for DUI. Just ask Everths Moran-Reyes, who was arrested earlier this month in Arlington, Virginia for driving a golf cart under the influence. Cops pulled him over on Wilson Boulevard, and also charged him with grand larceny of an automobile (the golf cart was stolen from a neaby mall), and driving on a suspended license.

Fairfax County Pays Victim's Family $2 Million

Wed, 19 Jan 2011 08:00:00 EST

Fairfax County has settled with the family of an optometrist who was killed by one of its officers in January of 2006. It will pay the family $2 million.

Salvatore Culosi was a suspected bookmaker who took bets from an undercover officer for several months. When the undercover officer visited Mr. Culosi outside his home to collect some winnings, a SWAT team moved in to arrest Mr. Culosi. One of the SWAT team members drew his weapon and accidentally shot Mr. Culosi, who died.

Robert Horan, the Fairfax County Commonwealth's Attorney at the time, declined to press charges against the officer, saying it was an accidental shooting - not premediated, and without malice. The Fairfax County Police Department's Report to the Community regarding the incident is in our library.

DUI Mugshots on Facebook?

Tue, 18 Jan 2011 08:00:00 EST

If a local councilman in California gets his way, anyone arrested for DUI in Huntington Beach will have his or her mug shot posted on Facebook.

Many oppose the councilman, arguing that publicly shaming people who haven't been convicted of a crime is not effective. Other jurisdictions have reportedly tried similar measures, only to abandon them after relatively short amounts of time. Some argue that many of those arrested for DUI are alcoholics who won't be shamed into not drinking and driving, but their friends and family would be embarrassed and ashamed. Some even say it could lead to bullying of children whose parents' or relatives' photos are posted.

The councilman claims he has support for his initiative, including a woman whose husband and children were killed by a drunk driver. He said if shaming is what it takes to save lives, he supports it.

Marijuana Grower Guilty of Voluntary Manslaughter

Tue, 18 Jan 2011 08:00:00 EST

A 49 year-old California man was found guilty of involuntary manslaughter for killing a man attempting to steal marijuana from his backyard garden. The defendant, who is legally allowed to grow medical marijuana, admitted he fired at a group who broke into his pot garden, claiming he was defending himself against the armed intruders. The jury, however, decided the shooting was unjustified, and convicted him. His sentencing is scheduled for February.

More about Fairfax Marijuana Dismissals Under Section 251

Tue, 18 Jan 2011 08:00:00 EST

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 Fairfax Marijuana Defense entitled Marijuana: Profile of a Fairfax County Possession Case

Beware of Virginia Marijuana 251 Dismissal

All of this discussion is intended to inform clients that there are more options, and simply taking the "251 Deal" without consulting private counsel means that you are pleading guilty to the charge and agreeing to license suspension and probation so that you can hope to have the charge dismissed in the future.

Paul Liam McGlone
Fairfax Marijuana Defense Attorney

Coming Soon-- Drunk-Proof Cars??

Sun, 09 Jan 2011 08:00:00 EST

Big Brother Will Save Us: We Can Soon Expect that the Government and MADD Mothers will work together to push Mandatory Passive Alcohol Sensors in our New Cars.

To date, discussion in the mainstream media sees this as an optional safety device. Sure, parents would love to have this option on our teenagers' cars. Meanwhile, behind the scenes, the prohibitionists are pushing for the day when they can require this on all cars. This is clearly in line with their goal of "eliminating drinking and driving".

As DWI Defense Attorneys, we don't claim that there is a right to drink and drive, but the law on the subject is that you can't drive drunk-- not that you can't drive after having any alcohol at all. These passive sensors are going to have folks prevented from driving in all kinds of borderline situations, including passengers, mouthwash, Purell hand-cleaner, and more.

Here is Illustration of a Drunk-proof Car.

Here is the Article in Washington Post.

Drunk Proof Cars-- Will Big Brother Save Us??

Sun, 09 Jan 2011 08:00:00 EST

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 start their car. We already have "blow-and-go" devices for convicted drivers, but our prediction is that the MADD mamas will try to have them put in all cars. The passive devices won't work without all kinds of side effects and ultimately they will want to have us all blowing into an interlock device to start all new cars.

More Details about Current Drunk-proof Vehicle Developments are Here

DWI & Refusal Charges for Virginia Assistant Commonwealth's Attorney

Sat, 08 Jan 2011 08:00:00 EST

A 32 year-old Prince William County Assistant Commonwealth's Attorney is facing some serious charges after being pulled over on I-66 near Route 29 on December 11, 2010.

The officer found an open beer can and prescription medication belonging to someone else. The driver refused field sobriety tests and a breathalyzer test. In addition to DWI and refusal, he was charged with felony possession of a controlled substance, and having an open alcohol container.

DUI, DWI, Hit & Run Charges for Woman Who Crashed into 18 Cars, Sign, Tree, & Fence

Fri, 07 Jan 2011 08:00:00 EST

A 31 year-old Maryland woman faces charges of DUI, DWI, and Hit & Run after crashing into 18 parked cars, a traffic sign, a tree, and finally a fence. The incident happened early the morning of December 20 in Frederick, Maryland.

Alleged Fairfax County Serial Burglar Indicted in Maryland

Thu, 06 Jan 2011 08:00:00 EST

The suspected serial burglar who is believed to be responsible for 110 burglaries in Fairfax County was indicted in Maryland last month on 7 counts, including burglary, possession of burglary tools, and theft.

Police believed the crime spree started in late August in Fairfax and continued for nearly 3 months before Montgomery County officers, assited by Fairfax police, surveilled and finally arrested the 34 year-old suspect.

Criminal Charge for Man Who Undresses at Virginia Airport Security Checkpoint

Wed, 05 Jan 2011 08:00:00 EST

A 21 year-old man, protesting airport security procedures, undressed down to his underwear at Richmond International Airport. He had written on his chest a reference to the 4th Amendment of the U.S. Constitution and its protection against unreasonable search and seizures. He was charged with disorderly conducted and released.

Nevada's Troublesome Medical Marijuana Law

Tue, 04 Jan 2011 08:00:00 EST

This news article from The Associated Press looks at the difficulties of Nevada's medical marijuana law.

DUI for Woman Driving with One Eye Closed to Avoid Double Vision

Mon, 03 Jan 2011 08:00:00 EST

A 56 year-old woman in Sweden was found guilty of aggravated drunken driving and sentenced to 2 months in prison when the judge didn't buy her defense argument. She claimed her intoxication didn't affect her driving because she drove with one eye closed to make sure she didn't see double.

Man Who Drank "to Stay Warm" Not Guilty of DWI

Sun, 02 Jan 2011 08:00:00 EST

A Missouri man was recently acquitted of DUI after testifying that he drank brandy only after driving his car into a culvert.

He claims he had been out with friends, but sober, when he headed for home. He said he missed a turn, then skidded off the icy road. Apparently he had done some shopping for the Super Bowl, which was the next day, and had brandy in his car. The temperatures were freezing, and rescuers took two hours to arrive, so he kept himself warm by drinking the brandy, he said.

A trooper testified that the man was unresponsive when he arrived at 4 A.M., and the vehicle was running, but in park. He conducted field sobriety tests, some of which the defendant refused. The defendant agreed to a breath test an hour later, blowing a 0.148 (nearly twice the legal limit).

The jury deliberated for less than an hour.

Heroin Possession for Special Ed Teacher

Sat, 01 Jan 2011 08:00:00 EST

A Maryland special education teacher was arrested and charged with possession of marijuana on December 28.

The Washington Post reports that the 25 year-old was a passenger in a vehicle that was stopped for traveling 40 in a 30 mph zone. The teacher, along with the driver and another passenger, agreed to let the officer search them and the car. Police found nine plastic bags containing what an officer identified as heroin on the teacher, and four bags and paraphrenalia on a male passenger (lab tests are pending).

The driver was charged only with speeding.

Drunk Man Fails Driving Test

Fri, 31 Dec 2010 08:00:00 EST

A German man failed a driving test after he arrived smelling of alcohol. He denied drinking, and began the test, driving erratically. The examiner directed him to a police station. He failed sobriety tests, with his BAC over three times the legal limit. He obviously failed.

Stupid Crimes of 2010

Fri, 31 Dec 2010 08:00:00 EST

The Washington Examiner's article "Stupid Crimes: Best of Stupid Crimes 2010" lists some funny, sad, and unbelievable criminal acts.

There's a man whose mother shot him in the groin when he wore a ski mask and pretended to rob her, and another man who was beaten after paying drug dealers with Monopoly money. In another incident, cops heard meowing from the trunk of a car it had stopped for a traffic violation. They found a cat covered with oil and crushed chili peppers; the man explained that he was going to cook the cat because it was "ill-tempered."

Read the article for the rest of the stories.

Ticketed Drivers in MD Must Now Request Court Date to Contest Violation

Fri, 31 Dec 2010 08:00:00 EST

Drivers who receive traffic tickets in Maryland will no longer automatically be assigned a court date. If they want to contest their tickets, they must now request a court date within 30 days. The change is supposed to save money by reducing the number of no-shows in traffic court.

DWI for Dad Whose 10 Year Old Son Crashed Van with 4 Passengers

Fri, 31 Dec 2010 08:00:00 EST

A Tennessee man made his 10 year-old son drive his van, which was carrying two other children and a female friend. The boy reached speeds over 90mph, then crashed and flipped over. All five passengers were treated at a hospital.

The 43 year-old father was charged with DWI, reckless endangerment, and child abuse. His BAC was 0.26, over three times the legal limit. He told cops he had drunk 15 beers and some liquor. He also tested positive for cocaine. At the time of his arrest, he was wearing a t-shirt that said "Buy this Dad a Beer." The shirt is visible in his mug shot.

Car Hits Woman in Arlington Crosswalk, Flees Scene

Fri, 31 Dec 2010 08:00:00 EST

A dark sedan struck a 22 year-old woman who was in a crosswalk early yesterday morning in Arlington. The driver did not stop, and the victim was was hospitalized in serious condition. Anyone with information is encouraged to contact Arlington County Police.

Forgery Charge for Man Trying to Cash $360 Billion Check

Thu, 30 Dec 2010 08:00:00 EST

A man was arrested in Texas for trying to cash a $360 billion check. The bank tellers, not surprisingly, were suspicious, and called the account holder. Apparently the account holder was his girlfriend's mother, who said she did not give the man the check. He was arrested on criminal charges, including possession of marijuana and unlawful carrying of a weapon.

Shoplifters Hid Merchandise in Rolls of Body Fat

Wed, 15 Dec 2010 08:00:00 EST

Two Oklahoma women are facing shoplifting charges after security officers at a TJ Maxx store found them stuffing merchandise under their belly fat and breasts. One of the women allegedly had a knife in her purse that she used to cut the tags off the items, which included several pairs of boots and jeans, gloves, and a wallet.

Watch a news report about the shoplifting duo here.

Fairfax County Targets Drunk Drivers with Other Agencies

Sat, 11 Dec 2010 08:00:00 EST

Fairfax County often works with the Virginia State Police and the Town of Vienna Police to get drunk drivers off the road. The agencies send officers out in full force, watching for erratic driving, and hoping their presence is noted, perhaps preventing people who have been drinking from getting behind the wheel.

In a recent initiative, on December 7, four arrests were made.

Fairfax County Works with Other Agencies Targeting Drunk Drivers

Sat, 11 Dec 2010 08:00:00 EST

Non-Standardized Field Sobriety Tests

Tue, 30 Nov 2010 08:00:00 EST

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 perform some very unconventional tests in a pouring rain, and then arresting him even though he does pretty well on the tests on Video.

The Dashcam video is now up on TMZ at this link:

http://www.tmz.com/2010/11/29/david-cassidy-dui-florida-highway-patrol-dash-cam-footage/

Paul Liam McGlone
Fairfax County DWI Attorney
www.McGloneLaw.com

Willie Nelson arrested for Marijuana Possession

Sat, 27 Nov 2010 08:00:00 EST

Willie Nelson was arrested yesterday for possession of marijuana at a Texas checkpoint. An officer searched Nelson's tour bus after he smelled pot, and he found 6 ounces. Nelson was arrested with two others, and was released after posting bond. He allegedly claimed that the marijuana was his.

Fairfax County Circuit Court Clerk Not Guilty of Embezzlement

Sat, 27 Nov 2010 08:00:00 EST

A Fairfax County Circuit Court clerk was found not guilty last week of four counts of felony embezzlement. The 58 year-old was arrested last February after irregularities were found in the Court's fee-tracking system. Apparently only $316 was at issue, and its apparent disappearance was explained at last week's trial. The clerk was three years from retirement, but was fired immediately after her arrest.

Virtual "Breathalyzer" for Social Media Sites

Mon, 22 Nov 2010 08:00:00 EST

Social media users now have a virtual "breathalyzer" at their disposal to help prevent them from adding drunken posts to Facebook, Twitter, YouTube, and other websites.

Webroot, an on-line security company, is offering a free Firefox plug-in called the Social Media Sobriety Test. Users choose the websites and the hours. The plug-in will require them to pass a simple test before allowing them to log on.

Fairfax County Juvenile Detention Center Photographs

Sun, 21 Nov 2010 08:00:00 EST

The Fairfax County Juvenile Detention Center houses up to 77 children. Its website contains photographs of the inside of the center.

Fairfax County Sobriety Checkpoint Results from 11/12

Thu, 18 Nov 2010 08:00:00 EST

Fairfax County Police held a sobriety checkpoint Friday night on westbound Arlington Boulevard near Annandale Road. They stopped over 700 drivers, four of whom were arrested for DWI. Three others were issued summonses for other traffic offenses.

Fairfax County Sees Increase in Distracted Driving Summonses

Wed, 17 Nov 2010 08:00:00 EST

Fairfax County report that distracting driving charges have increased 66% compared to the same timeframe in 2008. The charge of failure to pay full time and attention can be issued for many different reasons, including texting, putting on makeup, or even eating while driving - virtually anything that might take the driver's attention away from the road.

Fairfax County Police started an intensive effort in September to educate the public on the dangers of distracted driving and also enforce the law.

People could participate in an online survey, answering questions about their experiences with distracted driving. The results of the distracted driving survey are posted on the FCPD website.

Teen in Breathalyzer Costume Faces DUI

Tue, 16 Nov 2010 08:00:00 EST

A Nebraska teen dressed as a breathalyzer machine was arrested for DUI on his drive home from a Halloween party. His blood alcohol level was reported to be more than twice the legal limit of .08. The underage teen also faces charges of being a minor in possession of alcohol and having an open container of alcohol in his vehicle. Police found vodka and beer in his truck.

Murder Suspect Caught after Appearance on JumboTron at NBA Game

Tue, 16 Nov 2010 08:00:00 EST

A 24 year-old New York man suspected of murder was caught in North Carolina earlier this month after he was shown on a JumboTron camera at an NBA game. Someone recognized him and notified the authorities, who reviewed the tape and confirmed it was their suspect. Police and FBI agents arrested him about a week later when he showed up at the stadium for another game.

DUI Among 5 Misdemeanor Charges Maloof Faces

Mon, 15 Nov 2010 08:00:00 EST

George Maloof was charged with five misdemeanors stemming from his DUI arrest last month. Maloof says he feels "horrible" and said he usually has a driver. He said he had four beers that evening and didn't think he was intoxicated. He was arrested while making a turn into his neighborhood, and reportedly had a .08 blood alcohol level.

6,700 Pounds of Marijuana Seized in Texas

Mon, 15 Nov 2010 08:00:00 EST

On Friday US authorities in Texas seized 6.700 pounds of marijuana from a tanker trailer. The spokesperson for ICE (Immigration and Customs Enforcement) said the street value of the marijuana is around $5.3 million.

DUI in Fatal CA Hit & Run Accident

Mon, 15 Nov 2010 08:00:00 EST

In a horrific accident Saturday in California, a Honda Civic passed a group of motorcycles on a two-lane highway. An oncoming car, a Dodge Avenger, swerved to avoid hitting the Civic, but crashed into the motorcycles killing four motorcyclists and the passenger in the Dodge. The driver of the Civic fled the scene, and police are looking for him or her. The driver of the Dodge, while not blamed for the accident, was reportedly held on suspicion of drunk driving.

Aggravated Assault for Woman who Tried to Hit Officer with Sex Toy

Mon, 15 Nov 2010 08:00:00 EST

A 56-year-old Illinois woman is facing several charges after she tried to hit a police officer with a sex toy. The incident began when the woman left a restaurant without paying her bill. Restaurant employees called police; apparently the woman had dined-and-dashed at the restaurant a couple of weeks earlier.

Police found the suspect lying outside in some grass, and told her she needed to pay her bill or she would be arrested. She replied that she had no cash with her, but could get money from her house. The officer accompanied her, believing she was under the influence of alcohol, and while in her home, she tried to hit him with a 'clear, rigid feminine pleasure device.'

The officer knocked the sex toy away and arrested the woman, who now faces three charges: one for not paying her restaurant bill, a second for being drunk in public, and a third for aggravated assault.

DUI Arrest for George Maloof, Palms Casino Resort Owner

Fri, 05 Nov 2010 08:00:00 EST

An owner of the Palms Casino Resort in Las Vegas, George Maloof, was arrested in early October after police say he was driving drunk. He allegedly made an illegal left turn, was speeding excessively, and was driving without his license or proof of insurance.

The DUI police report indicates that the suspect almost backed into the officer's motorcycle, swayed when he walked, and slurred his speech.

DWI and Hit & Run Among Charges for Fairfax County Man

Sun, 24 Oct 2010 08:00:00 EST

A Fairfax County man is facing some serious charges after allegedly stealing a car and trying to elude authorities.

On Wednesday night, a police officer noticed a vehicle driving without its headlights on. When he tried to pull the car over, the driver drove behind a shopping center and jumped out of the moving vehicle. Police tracked him down, discovered the car was stolen, and arrested him.

The suspect faces seven charges: DWI, Grand Larceny, Driving without a License, Driving without Lights, Obstruction by Flight, Hit and Run, and Providing False Information to a Law Enforcement Officer.

Three arrests after drug lab found at Georgetown University dorm

Sat, 23 Oct 2010 08:00:00 EST

Three 18 year-olds were arrested earlier this morning after police found a possible drug lab in their dorm. Two of the teens are students at the prestigious university, and the third teen was a visitor.

Someone reported a bad smell in the dorm, and when police responded, they found what they initially thought was a meth lab, but now they think it was used to make dimethyltryptamine (DMT), a hallucinogen.

DUI Manslaughter Trial of Former NY Yankee Starts Monday

Sat, 23 Oct 2010 08:00:00 EST

The DUI manslaughter trial of a former NY Yankee is scheduled to start Monday in Florida. Jim Leyritz, famous for a three-run home run during the 1996 World Series against the Atlanta Braves.

In December, 2007, Leyritz was involved in a collision after spending the evening celebrating his birthday in various Ft. Lauderdale bars. The front of his car crashed into the driver's side door of another vehicle, causing it to spin and roll. The driver of that vehicle, a 30 year-old mother of two, died after being ejected from her car.

It is unclear which driver had a red or yellow light. Moreover, the victim had a BAC of .18, was not wearing her seat belt, and may have been distracted with text messages and cell phone calls. However, the judge has ruled that none of this information is allowed to be mentioned at the trial, saying it has no bearing on whether she ran a red light.

Leyritz faces a minimum of four years in prison if convicted.

No DWI Arrests in Fairfax County Sobriety Checkpoint

Fri, 22 Oct 2010 08:00:00 EST

Fairfax County Police stopped nearly 1,000 motorists on October 15 at a sobriety checkpoint in the southbound lanes of Richmond Highway, near the intersection of Belford Drive, but made no DWI arrests. Two summons were issued for traffic offenses.

Apparent Murder Overnight in Fairfax County

Fri, 22 Oct 2010 08:00:00 EST

Fairfax County Police took a 43 year-old man into custody early this morning after responding to a report of a shooting. Inside the house they found the man's 44 year-old wife dead. At this point police believe this is a domestic incident.

Sully Police District DWI Checkpoint Results

Thu, 21 Oct 2010 08:00:00 EST

Fairfax County Police made two arrests for DWI during a sobriety checkpoint in the Sully Police District on October 9, 2010. Police stopped all motorists on Lee Highway near the intersection of Bradley Road from 11:30 PM to 2:30 AM. They also issued one summons for a traffic offense.

Police Fear Increasing Crime Rates as Budgets Decrease

Wed, 06 Oct 2010 08:00:00 EST

Police chiefs around the country are concerned that budget cuts are leading to increased crime rates, often reversing dramatic reductions in crimes. They cite not only cuts in their budgets (leading to the elimination of units such as narcotics, patrol squads, community outreach, and officers in schools), but also cuts in social services funding (eliminating some programs such as those that help prisoners prepare for release into society, and those that offer mental health services.

Marijuana Charge for CBS Radio News Correspondent in DC

Wed, 06 Oct 2010 08:00:00 EST

Marijuana plants over eight feet tall were found growing in the backyard of a CBS Radio News correspondent in Washington, D.C. He and his wife were arrested and charged with possession of marijuana with intent to distribute (in addition to the the outdoor plants, packaged marijuana was found inside the house).

Grandma Unsuccessfully Tries to Avoid DUI with Grilled Cheese Bribe

Tue, 05 Oct 2010 08:00:00 EST

A 65 year-old Florida grandmother reportedly tried to talk her way out of a DUI charge by telling the arresting deputy she could take him home and make him a grilled cheese sandwich. It didn't work. She failed a field sobriety test and later blew over .25 twice at the jail. The woman was convicted of DUI almost three years ago.

DUI, Reckless Driving Among Charges Nebraska Man Faces

Mon, 04 Oct 2010 08:00:00 EST

A 38 year-old man faces multiple charges after leading a sheriff's deputy on a chase in a stolen vehicle, at speeds approaching 120 mph. His car finally stopped after he drove over spike strips, puncturing his tires. He tried to flee on foot, but was unsuccessful. DUI, Reckless Driving, and Refusal are among the charges he faces. Once at the Detention Center, he admitted he was drunk.

Taser Death Civil Suit Verdict In

Sun, 03 Oct 2010 08:00:00 EST

A 28 year-old man died in 2007 after a struggle with deputies in an Orange County jail. The struggle apparently began when the inmate, who was serving a 5-day sentence, refused to give deputies his hands. As a result, he was beaten and shot with a taser nine times. The victim's father filed a civil suit against six deputies and the county; the trial lasted three weeks, but the jurors ruled against the father.

Inmate Taser Death Prompts Lawsuit

Sat, 02 Oct 2010 08:00:00 EST

The family of a 38 year-old North Carolina inmate who died after twice being shot with a taser during an altercation with a guard has filed a lawsuit against the sheriff's department. They allege that deputies used excessive force and did not have adequate medical resources. The sheriff claims that later investigations cleared the deputies of any wrongdoing, although the medical examiner cited shackles as a contributing factor in the inmate's death.

Fairfax County DWI Checkpoint Results - Franconia Station

Sat, 02 Oct 2010 08:00:00 EST

A 3-hour Fairfax County DWI checkpoint (Franconia Police District) resulted in only one DWI arrest.

Marijuana found in Packages of Chocolate at Dulles

Fri, 01 Oct 2010 08:00:00 EST

A drug-sniffing dog at Dulles International Airport found 21 pounds of marijuana among packages of chocolate. The chocolate was packaged and shipped from Mexico City, and bound for New York.

Man Avoids Taser by using Toddler as Shield

Fri, 01 Oct 2010 08:00:00 EST

A 27 year-old Michigan man was sentenced to jail for charges stemming from an incident last March, when police tried to remove him from his ex-wife's home. He grabbed his 2 year-old daughter and held her in front of him in an attempt to block the officer's taser. The taser was not fired, and the officer was able to subdue the man and take the child from him.

Drunken Driving: 3 Levels in Michigan

Fri, 01 Oct 2010 08:00:00 EST

Michigan has added a third level of drunken driving to its laws that will take effect at the end of the month: Operating with a High Bodily Alcohol Content. This level applies to drunk drivers with a BAC of .17 or higher (.17 is twice the legal limit).

The lowest level of drunk driving offenses is Operating While Visibly Impaired. The second is Operating While Intoxicated, which is driving with a BAC of .08 or higher.

Crime Reduction Measure in Effect in DC Metro Garages

Fri, 01 Oct 2010 08:00:00 EST

DC Metro police are using license plate readers attached to their vehicles in an attempt to reduce crime. They use the license plate readers to find stolen vehicles, catch car thieves, identify vehicles linked to serious crimes, and identify individuals or vehicles on the national terror watch list.

Cameras capture license plate numbers and run them through databases, which allows them to note vehicles of interest. Metro police can also check vehicle registration and find out if the owner of the vehicle has outstanding warrants.

Fairfax County Drivers Beware

Thu, 16 Sep 2010 08:00:00 EST

Fairfax County drivers beware! Police have started an aggressive campaign against texting while driving.

While Virginia is one of 30 states that bans texting while driving, it is finding it difficult to enforce, for two main reasons. One, it is difficult to distinguish texting (illegal) from dialing a phone number (legal); and two, texting while driving is a secondary offense, meaning you must be stopped for something else (a primary offense).

Fairfax County police have compensated by charging distracted drivers (not just texters) with failure to pay full time and attention. The fine is slightly higher, but police have more latitude when issuing this citation.

DWI for Bicyclist

Wed, 15 Sep 2010 08:00:00 EST

You don't have to be driving a car to be charged with a drunk driving offense! A 48 year-old North Carolina man was charged with DWI when he rode his bicycle into the path of a truck, colliding with the truck. The man has had at least two other alcohol-related arrests on his record, going back ten years, as well as a larceny and breaking and entering charge, according to the news report.

Technicality Causes DWI Dismissal against Ex-policeman...Again!

Wed, 15 Sep 2010 08:00:00 EST

Paul Gomez is one lucky former police officer.

After being pulled over in 2008 for DWI while driving his patrol car, he was never charged.

According to news reports, Mr. Gomez was charged with DWI in September AND October of last year, and both cases were dismissed (click for related video).

The Judge for the September case dismissed the charge because the prosecutor wasn't in the courtroom; the DA's office said the prosecutor was there, ready to go, in the hallway outside the courtroom, but that the Judge started the hearing early.

Earlier this month, Mr. Gomez was supposed to go on trial for the October charge, but the Judge, because of a busy docket, postponed the case. It just so happens that the case was rescheduled for a date that was 6 days past the deadline for trying a DWI case, meaning the Judge had to dismiss it.

DWI Charge for Public Defender

Tue, 14 Sep 2010 08:00:00 EST

A North Carolina man, who has served as a public defender for over 20 years, is facing a DWI charge. He was pulled over on the Friday before Labor Day, and two breath tests showed his blood alcohol level (BAC) was 0.17, more than double the legal limit in that state.

Alcohol and its Physical Effects

Thu, 09 Sep 2010 08:00:00 EST

Each semester at the University of Wisconsin - Madison, students in Professor Shakhashiri's introductory chemistry class listen to a presentation from Dr. Kevin Strang on alcohol and its physical effects. While scientific, the presentation explains how alcohol affects the body. Professor Shakhashiri supplements this presentation with this ethanol information sheet.

Drunk Man Tries to Rape Dog

Thu, 09 Sep 2010 08:00:00 EST

A drunk Thai man admitted to police that he was bitten several times by a dog he tried to rape. The man claimed that heavy drinking "excited" him, but he could not afford a prostitute.

Alcohol affects the body in many ways, and people under the influence of alcohol often let their guard down. A college professor in Wisconsin presents students each semester with information on alcohol and its physical effects, trying to discourage alcohol abuse.

Fairfax County DWI Checkpoint Nets Only 1 DWI Arrest

Sun, 05 Sep 2010 08:00:00 EST

A DWI checkpoint was held in McLean, Virginia, for three hours on August 20, and although every driver was stopped (nearly 1,000), only only was arrested.

Fairfax County DWI Checkpoint Nets Only 1 DWI Arrest

Sun, 05 Sep 2010 08:00:00 EST

A DWI checkpoint was held in McLean, Virginia, for three hours on August 20, and although every driver was stopped (nearly 1,000), only only was arrested.

Suspect Grabs Officer's Taser and Shoots Him with It

Wed, 18 Aug 2010 08:00:00 EST

A Missouri man has been arrested and is facing multiple serious charges after allegedly shooting a police officer with the officer's taser last Saturday after a chase. The officer suffered second degree burns.

The suspect fled a stolen car after it caught on fire on an interstate, and managed to narrowly escape capture at least twice, and over the course of a few hours. When he was finally confronted, the 24 year-old suspect resisted arrest and tried to grab the officer's weapon. He managed to get the taser, and shot the officer's arm. Other motorists helped the officer subdue the suspect.

Five Arrests from Recent Sobriety Checkpoint

Tue, 17 Aug 2010 08:00:00 EST

The Mount Vernon Police District's three hour sobriety checkpoint Saturday night resulted in 4 DWI arrests, and 1 arrest for underage alcohol possession; 738 motorists passed through the checkpoint.

Medical Marijuana May be Traveling Through an Airport Near You!

Sat, 14 Aug 2010 08:00:00 EST

Medical marijuana users are finding it easier to travel with their cannabis. As long as passengers are leaving from and ending in a state that allows it, they have been allowed to carry it onto the plane, even in plant form. If they change planes in a state that hasn't legalized medical marijuana, they may not leave the airport terminal.

DC Government Will Grow Their Own Weed for Medical Marijuana

Sat, 07 Aug 2010 08:00:00 EST

DC Government will Grow their own weed and the liquor board will be in charge of the Medical Marijuana program, slated to begin on January 1, 2011

Dispensaries will be licensed by the cities, with licenses granted in accord with typical DC tradition (friends of council, of course).

Doctors have to have a legitimate relationship with the patient, and must conduct a "full physical" before prescribing marijuana for "whatever ails them".

This Montana Citizen DID NOT Want to Serve Jury Duty

Fri, 06 Aug 2010 08:00:00 EST

Fairfax County Police "Shoulder Tap" Operation

Tue, 03 Aug 2010 08:00:00 EST

A Fairfax County police shoulder tap operation resulted in two arrests in Oakton in June. A police cadet dressed in plain clothes approached adults, asking them to buy him alcohol. If they did, a plain clothes officer arrested the adult.

Please check out my "Operation Shoulder Tap" blog.

Louisiana Man Dies after Police Taser Him

Tue, 03 Aug 2010 08:00:00 EST

A 49 year-old Louisiana man died Sunday after being tasered by police. An autopsy was performed yesterday, and lab results are pending. The victim fought with officers responding to calls of a man jumping off roofs; he was tasered two times, and was found unresponsive after being handcuffed. An investigation is underway.

Operation Shoulder Tap

Tue, 03 Aug 2010 08:00:00 EST

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.

Huge Marijuana Bust on Virginia's Beltway

Tue, 27 Jul 2010 08:00:00 EST

Last Wednesday police stopped an 18-wheeler for an equipment violation and discovered 115 pounds of marijuana in the trailer. Two Florida men were arrested and charged with possession of marijuana with intent to distribute and transporting a controlled substance into Virginia.

Drugged Drivers Difficult to Convict

Sun, 25 Jul 2010 08:00:00 EST

Drugged drivers are as much of a public threat as drunk drivers, some argue, but are often harder to convict. Drivers under the influence of prescription medications also cause many, and often fatal, accidents. The problem is that there is no consensus on how much of a drug impairs driving. Prescription drugs affect people differently, stay in the system for varying amounts of time, and could have different - or stronger - reactions if mixed with alcohol or other drugs. In addition, a relatively large percentage of the American public takes prescription drugs (e.g., cholesterol, sleeping, anti-anxiety).

Drunk-Driving Mom Who Was Free on Bond Pleads Guilty to DUI

Wed, 14 Jul 2010 08:00:00 EST

A 22 year-old South Dakota woman yesterday pled guilty to first-offense DUI and reckless driving stemming from an accident on July 10. It was her 2nd DUI charge in a week, and happened when she was free on bond from the first DUI charge. The young driver ran a red light on July 3, with children in her car.

On July 10, she drove her vehicle into oncoming traffic, striking a van and plummeting down a 65-foot hill. Her 4 year-old and 1 year-old were in the car, but did not suffer life-threatening injuries.

She has not yet been sentenced for either incident.

Clarence Thomas' Nephew Tasered in Hospital

Tue, 13 Jul 2010 08:00:00 EST

Supreme Court Justice Clarence Thomas' nephew, who suffers from epilepsy, was allegedly beaten and shot with a taser after he was admitted to a New Orleans hospital. The 25 year-old's sister said that her brother declined to put on a hospital gown and tried to leave, so security intervened, punching his face, pulling out his hair, and tasering him. She said he suffered a seizure as a result of the incident. The hospital said it is investigating.

While law enforcement often claims tasers are safe, many people do not agree. There have been two fatalities in Arlington County, Virginia already this year. One was in January when a police officer tried to subdue a shoplifting suspect on a Metro platform, and the second one occurred in April when police responded to an emergency psychiatric call.

Arlington County Taser Death

Tue, 13 Jul 2010 08:00:00 EST

Police in Arlington County, Virginia, responding to an emergency call last April, tasered a naked and "combative" 32 year-old man; moments later the man wasn't breathing. Medics were present at the time and started CPR immediately, but were unsuccessful. The victim was later pronounced dead at the hospital.

This is the second fatality this year in Arlington County involving police use of Tasers. The first one occurred in January at a Metro station when a police officer tried to subdue a shoplifting suspect.

It is also similar to a New Orleans incident this month, when Supreme Court Justice Clarence Thomas' nephew was shot with a Taser by hospital security after he refused to put on a hospital gown and tried to flee.

Man Dies after Police Taser Him

Tue, 13 Jul 2010 08:00:00 EST

Last January a 36 year-old DC man died after Arlington County police tried to subdue him with a Taser.

The man, who was waiting on the platform at the Pentagon City Metro Stop, matched the description of a suspect who had robbed a nearby pharmacy. News reports claim the man ignored the officer's requests and instructions and became combative. The officer shot him with a Taser. It is unclear whether the Taser hit him, because it seemed to have no effect on him, and he kept scuffling with the police officer. Another officer arrived, and they were able to subdue the suspect.

Shortly thereafter, the suspect had trouble breathing. He was pronounced dead later at a local hospital.

In April, a second man died, also after Arlington County Police tried to subdue him with a Taser. More recently, Clarence Thomas' nephew reportedly suffered a seizure after hospital security Tasered him in New Orleans.

Arrests in Fairfax County Rental Property Scams

Tue, 13 Jul 2010 08:00:00 EST

Fairfax County Police issued a press release identifying two men they arrested for allegedly accepting cash from victims who thought they were renting property from the suspects. The men apparently listed properties on Craig's List as available, inexpensive rental properties and accepted cash from a 38 year-old woman, and from an undercover officer. The properties did not belong to the suspects, and, in fact, were in foreclosure.

DUI, Reckless Driving Among Charges After Toddler Dies

Fri, 09 Jul 2010 08:00:00 EST

A 19 year-old man faces charges of DUI, Reckless Driving, and Vehicular Homicide after driving a car into a stroller carrying a 23 month-old toddler at a 4th of July fireworks display. The toddler was thrown from the stroller and died yesterday at a hospital.

CA NAACP Supports Legalizing Marijuana - Calls it Civil Right Issue

Thu, 08 Jul 2010 08:00:00 EST

The California NAACP supports Proposition 19, which will be on the ballot in November. If it passes, recreational use of marijuana will be legal in California. This CNN article reports that Alice Huffman, President of the organization, claims that this is a civil rights issue, disproportionately affecting African Americans. Others are strongly opposed to this initiative, saying that legalizing marijuana would only open the door to more problems.

County Official Arrested with .000 BAC

Thu, 08 Jul 2010 08:00:00 EST

Gwinnett County (Georgia) Commissioner Charles Bannister was arrested for DUI late last month, despite the fact that his breath tests showed he had no alcohol in his system. The sheriff's department has since dropped the charges, fully exonerating Mr. Bannister, and apologizing for the mistake.

A sheriff's deputy, responding to tips, watched Mr. Bannister leave a restaurant; he claims Mr. Bannister drove off and nearly caused an accident after weaving from side-to-side, as reported by the Atlanta Journal-Constitution. The deputy claims he smelled alcohol on Mr. Bannister's breath and administered 3 field sobriety tests, which he says Mr. Bannister failed. Later tests confirmed Mr. Bannister's BAC was .000.

Man Hides Marijuana in Chinese Food, Tries to Smuggle it into AL Jail

Thu, 08 Jul 2010 08:00:00 EST

A 41 year-old Georgia man was arrested and charged with felony promoting prison contraband last weekend after he tried smuggling marijuana, hidden in Chinese food, into the jail. A jailer searched the food container with a fork and discovered the marijuana. The suspect could face one to ten years in prison if convicted.

Actress Facing Charges in Fatal DWI Accident

Thu, 01 Jul 2010 08:00:00 EST

Amy Locane-Bovenizer, a former Melrose Place actress, was charged with vehicular homicide, as well as 2nd and 3rd degree assault by auto, as a result of a fatal accident Sunday night in New Jersey. The actress allegedly rear-ended a vehicle at an intersection and drove off, knocking over mailboxes before crashing into another vehicle as it was turning into a driveway. The 60 year-old female passenger of that car was killed instantly, and the driver, her husband, also 60, was seriously injured and taken from the scene by helicopter.

Locane-Bovenizer reportedly admitted to police at the scene that she had had "several glasses of wine" before driving.

She faces five to 10 years in state prison.

Virginia's "Move Over" Law

Sun, 27 Jun 2010 08:00:00 EST

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, has some problems that may make enforcement controversial, but nobody can argue the underlying premise.

In this video we see a faulty application of the law. It is a video of an accident, but it isn't because the person didn't move over. The officer is parked on the left side of a road. Another vehicle is parked in the middle of the one lane road and a car comes whipping around him, onto the shoulder, and hits the cruiser. This is not a "move over" situation--- it is a one-lane road!

Babysitter Jailed After Intoxicating Baby

Thu, 24 Jun 2010 08:00:00 EST

A 41 year-old Atlanta woman was sentenced to 8 years in prison after pleading guilty to aggravated battery stemming from an incident in July 2009. The woman was babysitting the baby and his four siblings after the mother had to leave town for a family emergency. The woman apparently gave the baby wine in a sippy cup hoping to make him fall asleep. The baby was hospitalized with a BAC of 0.33, more than 4 times the legal limit for adults.

Naked Marine Charged with DWI After Motorcycle Crash

Tue, 15 Jun 2010 08:00:00 EST

A 38 year-old Marine is facing some serious charges after losing control of his motorcycle early Friday morning and crashing. Apparently he was driving naked. His passenger, a 30 year-old female, was also naked. She broke her arm and leg in the crash, but managed to walk to find help. The Marine was charged with DWI and Reckless Driving, among other things.

18th DWI Arrest in 37 Years for NM Man

Mon, 14 Jun 2010 08:00:00 EST

A New Mexico man was arrested for the 18th time in 37 years after he was stopped for speeding. The newspaper doesn't say how old the man is, or how many of the arrests resulted in convictions.

DWI Convictions in NM May Be Harder to Get

Sun, 13 Jun 2010 08:00:00 EST

It might be harder for New Mexico prosecutors to win certain DWI cases after a ruling from the State Supreme Court this week. Previously, an intoxicated person found in a vehicle (even a parked one with the engine off) could be charged (and convicted) of DWI, simply because he or she had the potential to operate the vehicle, and might have done so. The ruling changes this so that prosecutors must prove the intoxicated person had the intent to drive and had actual control of the vehicle.

Dumfries VA Woman Arrested for DWI with 5 Children in Her Car

Sat, 12 Jun 2010 08:00:00 EST

A 27 year-old Triangle woman was charged with DWI and felony child neglect Wednesday night after being pulled over by police in Dumfries. She had 5 children, ranging in age fro 9 to 13, in her vehicle at the time.

400 DWI Convictions Based on Flawed Breath Test Results in DC

Sat, 12 Jun 2010 08:00:00 EST

Hundreds of DWI convictions in Washington D.C. were based on breath tests that were conducted on machines that were improperly calibrated, the Washington Post reports. More than half of those convicted went to jail. At least one lawsuit has been filed since the Attorney General's Office started notifying the affected drivers. The fallout has probably just begun, as many of those convicted may seek to have their records expunged or their cases retried.

MD Trooper Killed By Man Who Refused to Pay Restaurant Tab?

Fri, 11 Jun 2010 08:00:00 EST

A young MD State Trooper was tragically killed early this morning, allegedly by a man whom he escorted out of a restaurant about a half an hour before the shooting. The trooper was working as a part-time security officer at the restaurant, and had intervened when the restaurant customer refused to pay his bill.

Fewer Traffic Tickets Issued in Fairfax County

Thu, 10 Jun 2010 08:00:00 EST

Fairfax County police have written fewer traffic tickets (nearly 30% fewer) in the period from January through mid-May compared with the same time period last year. The decrease is attributed to a new computer system launched in January. Officials said they expected the drop as officers get used to the new system.

Marijuana's Effect on Driving Skills

Thu, 10 Jun 2010 08:00:00 EST

A Hartford Hospital study found that although drivers were more easily distracted while under the influence of marijuana, overall the drug had little effect on driving skills.

Sex Differences in the Effects of Marijuana on Simulated Driving Performance is the name of the study (clicking on the title takes you to the abstract).

VA Drivers' Licenses No Longer Issued at DMV Centers

Thu, 10 Jun 2010 08:00:00 EST

In an effort to increase security and decrease fraud, Virginia Drivers' Licenses are no longer issued at DMV Customer Service Centers. This link explains the new procedure for obtaining a Virginia Drivers' License.

After 8 DWI's Texas Man Convicted of Murder for Fatal DWI Accident

Wed, 02 Jun 2010 08:00:00 EST

A 51 year-old Texas man with eight prior DWI convictions was sentenced to life in prison earlier this month. Because of those prior convictions, he was charged with murder after he ran a red light last fall, while driving under the influence of alcohol, and crashed into a vehicle, killing the driver. A local paper reported that his BAC was nearly three times the legal limit.

Reckless Driving, Hit & Run for Texting South Dakota Man

Wed, 02 Jun 2010 08:00:00 EST

A 21 year-old South Dakota man was charged with Reckless Driving and Hit & Run after a witness saw him drive onto a curb, hit two signs and a fire hydrant, and drive off. The witness called police and provided the suspect's license plate number. The suspect told the reporting officer he may have been texting when the accident occurred.

DWI for Man Helping Stray Dog

Tue, 01 Jun 2010 08:00:00 EST

A 38 year-old NY man found a stray dog Saturday morning and stopped at a police station to ask for directions to an animal shelter. Police smelled alcohol on his breath and discovered he had a BAC of .17. They arrested him for DWI, and delivered the dog to the animal shelter themselves.

Traffic Stop Nets 700 Pounds of Marijuana

Tue, 01 Jun 2010 08:00:00 EST

A 59 year-old Michigan man and his 39 year-old passenger are facing drug charges after a traffic stop in Indiana over Memorial Day Weekend. A local newspaper reports that police stopped a van Saturday night for traffic violations. After receiving consent for a search, the officer discovered the marijuana.

RFK Jr.'s Wife Pleads Not Guilty to DWI

Mon, 31 May 2010 08:00:00 EST

Robert F. Kennedy's wife, Mary, was charged with DWI after a May 15 incident in which her car jumped a curb near a school. Police said her BAC was .11 (.03 above the legal limit). Her driver's license was suspended, and she is required to undergo an evaluation to determine of she needs alcohol abuse treatment.

Not Reckless Driving for Indy 500 Driver

Mon, 31 May 2010 08:00:00 EST

Indy 500 Driver Tomas Scheckter was pulled over on an interstate in Indiana Friday night after police spotted him speeding excessively and driving erratically. Instead of arresting him for Reckless Driving, they merely issued a ticket for driving at an unreasonable speed. Reports say Scheckter, via Twitter, admits he received special treatment, although Indianapolis police claim that isn't true.

800 Pounds of Marijuana Seized off Florida Coast

Mon, 31 May 2010 08:00:00 EST

The U.S. Coast Guard seized almost 800 pounds of marijuana early yesterday morning after responding to reports of a suspicious vessel traveling from the Bahamas. The Coast Guard detained the two alleged drug smugglers and later turned them, and the pot, over to Federal authorities. A local newspaper reports the street value of the marijuana is $725,000.

Canadian Marijuana Activist Pleads Guilty

Wed, 26 May 2010 08:00:00 EST

CNN is reporting that the Canadian man known as "the Prince of Pot" pleaded guilty to a federal charge of conspiracy to manufacture marijuana. He was recently extradited to the United States, after years of fighting it. He allegedly sold marijuana seeds to undercover DEA agents about five years ago.

FL Man Arrested for Marijuana Possession after Mice Complaint

Sun, 23 May 2010 08:00:00 EST

A 20 year-old Florida man was arrested and charged with marijuana possession and intent to distribute last week after complaining of mice in his rented storage unit. Police found 18 pounds of marijuana inside the man's storage unit.

Police Kill 7 Year-Old Girl in Raid

Tue, 18 May 2010 08:00:00 EST

Detroit police raided the two-family home of a 34 year-old murder suspect, during which they shot and killed a sleeping 7 year-old girl.

The young girl's family has hired high-profile attorney Geoffrey Fieger, who said video footage of the raid contradicts the account given by the police of the shooting. The police claim they threw a flash grenade through a window, after which an officer had some kind of altercation with the girl's grandmother, causing his weapon to discharge. Fieger said that is simply not true, that video footage of the raid shows the officer firing into the home immediately after throwing the grenade.

Television network A&E shot the video footage as part of a reality TV project they plan to air.

A CNN news report regarding this story may be found in our video library.

Anti-war protestor wins lawsuit against law enforcement agencies

Mon, 10 May 2010 08:00:00 EST

Philip Chinn, a young anti-war protestor, was arrested in May, 2007, on suspicion of DWI after police stopped him on his way to an anti-war protest. The arresting trooper said Chinn was braking erratically and driving under the speed limit. It was later discovered that police had been advised to watch for Chinn's car, as it contained three "anarchists."

Although the trooper didn't smell alcohol or marijuana, he conducted field sobriety tests, which Chinn passed. The Seattle Times reports that Chinn "was arrested after one trooper concluded he was high based on 'raised taste buds and a white coating on the back of his tongue,' according to the pleadings. "

Chinn, backed by the ACLU, filed a lawsuit alleging false arrest and violation of his right of free speech. He settled the case with the State Patrol and two other law enforcement agencies for $169,000 and attorney's fees.

Date Night Ends with DWI Arrest and Fractured Skull

Mon, 10 May 2010 08:00:00 EST

A New York couple's date night ended with the wife being arrested for DWI, and the husband's hospitalization for a fractured skull. The couple left their two young children with a babysitter and went out drinking Friday night.

Some reports say the drinking continued at home before the wife insisted on returning to the bar for more carousing. Her husband refused, insisting they were both too drunk to drive, but she ignored him and hopped into their pick-up truck. He jumped onto the hood, trying to stop her, but she drove off.

As she made a turn, he fell, hitting his head on the road and fracturing his skull. The wife continued to drive, apparently unaware of her husband's injuries. He is currently in the hospital in serious condition. She was arrested and charged with leaving the scene of an accident with serious physical injuries, and felony vehicular assault. She refused a breath test, so her blood alcohol level is unknown.

DWI Checkpoint Results in 11 Arrests

Mon, 10 May 2010 08:00:00 EST

A DWI checkpoint in Springfield, MO, Friday night resulted in 11 arrests. The effort was part of the "No Refusal Holiday" for which judges and prosecutors were on call to issue warrants for blood tests for any drivers refusing breath tests.

Incoming Police Chief Arrested for DWI Days before Swearing In

Mon, 10 May 2010 08:00:00 EST

The incoming police chief in a Missouri town was arrested Thursday on suspicion of DWI. He failed field sobriety tests and refused a blood alcohol test. It is unclear whether he will be allowed to start his new job - his swearing in was scheduled for today.

Afternoon Drunk Driver Crashes into DC Library

Mon, 10 May 2010 08:00:00 EST

The driver of an Escalade is facing a DWI charge after crashing into Mt. Pleasant Interim Library last week. The driver was not injured, but the library has structural damage.

Great DWI Trial - Use of Alcosensor Evidence by the Defense

Mon, 10 May 2010 08:00:00 EST

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 Court.

The client was stopped by the officer because the officer claimed that he was weaving within his lane and that he was following too closely.

Counsel first asked the Court to suppress the stop on the grounds that the Commonwealth did not show suspicion of any criminal activity. The Court heard argument on that, and counsel emphasized that it is not illegal to drive down the road, staying within your lane. Further, on the issue of following too closely, it was noted that the officer did not offer any testimony about the speed of the defendant's vehicle.

The Court decided to allow the stop because it could be inferred that they were not going "too slow" for the road or else the officer would have mentioned that. This seemed a bit of a stretch to me, but the Defense had only just begun.

Next, the officer testified about his encounter with the driver once the car was stopped. The officer smelled alcohol, and there was the usual discussion about "a few drinks". The field sobriety tests were not too bad. In fact, the officer's description of the tests was lacking in details.

Then, Counsel asked the Court to review the decision to make a warrantless arrest, and defense counsel asked a few questions of the officer. This is when he asked the officer about the Preliminary Breath Test (PBT), where his client had blown a .07.

In most cases, defense is objecting to any use of the PBT because it is considered an unofficial breath test, and under Virginia law, it is only used by the officer to make the arrest decision and should not be used in Court to show that somebody is intoxicated. However, in this case, defense was able to use it to show that the person was not intoxicated, at .07, and ultimately, the court dismissed the case.

In fact, it seemed that there was a later result on the official breath test, but the Court never heard testimony on that result, because the case was dismissed upon suppression of the arrest! (Nice work, Feragi!)

Medical Marijuana on its Way to Washington, D.C.

Thu, 06 May 2010 08:00:00 EST

On Tuesday, the D.C. Council approved medical marijuana use in the District. Use is, of course, restricted to those with chronic and lasting conditions (HIV, some cancer, and glaucoma, for instance). There are also rules regarding the number of dispensaries the City may have, as well as how many plants they may grow, and how much pot patients may get on a monthly basis.

DWI & Marijuana Charges for Pregnant NY Woman

Thu, 06 May 2010 08:00:00 EST

A pregnant 28 year-old New York woman faces DWI and Marijuana Possession charges after nearly crashing into a state trooper's vehicle Monday night. The woman is 8 months pregnant, and her BAC was 0.2, more than double the legal limit.

Hit & Run Charge for Heather Locklear

Wed, 21 Apr 2010 08:00:00 EST

News reports claim Heather Locklear was charged with Hit & Run after allegedly crashing her black BMW into a "No Parking" sign near her home around 4 AM Saturday. Someone heard the crash, but didn't notify authorities until that evening. Police investigated and determined it was Locklear's vehicle that hit the sign.

This most recent incident could be a violation of her probation for a 2008 reckless driving conviction.

DUI for Man Not Driving

Tue, 20 Apr 2010 08:00:00 EST

In this unbelievable case, a Minnesota man was convicted of DUI after police found him drunk and asleep in his car. His conviction was ultimately upheld in the Minnesota Supreme Court, even though the car wasn't running, was legally parked, and the keys weren't in the ignition. On top of that, the car wouldn't even start when tested later by authorities. The man had a previous DUI conviction, and prosecutors used the idea of "physical control." Since the man had the potential to drive the car, he was a potential threat, and, therefore, guilty of DUI.

Medical Marijuana for Washington, D.C.

Tue, 20 Apr 2010 08:00:00 EST

Chronically ill patients in Washington, D.C., may be just months away from legally using marijuana to treat their conditions. The Washington Post is reporting that the D.C. Council today approved a bill that says "a patient who suffers from HIV, glaucoma, cancer or a 'chronic and lasting disease' may receive a doctor's recommendation to possess up to 2 ounces of marijuana in a 30-day period."

There are rules limiting the amount of marijuana they may possess, as well as where they may get it, and the patients may not grow it themselves.

Liquor Commissioner Fired after DWI Arrest

Tue, 20 Apr 2010 08:00:00 EST

New Hampshire's Liquor Commissioner, Richard Simard, was arrested Saturday after police stopped him for driving erratically. He refused a Breathalyzer Test and was charged with DWI and Speeding. Simard was fired Monday, and his Refusal to submit to the breath test was described as "unacceptable" by New Hampshire's Governor.

Simard "was the head of the three-member agency that regulates the sale and distribution of alcohol in New Hampshire."

Louisiana May Toughen DWI Restrictions

Tue, 20 Apr 2010 08:00:00 EST

A Louisiana House Bill may toughen DWI restrictions by requiring a notation on the licenses of drivers who, as part of their DWI sentence, must use interlock devices before driving.

Marijuana Supporters Mourn the Death of Jack Herer, "The Hemperor"

Mon, 19 Apr 2010 08:00:00 EST

Jack Herer, the founder of the modern day hemp movement, passed away on April 15, 2010 in Eugene, Oregon. He was 70 years old.

Herer strongly supported the legalization of marijuana. He wrote two books and was the subject of a documentary on the subject. Herer had two heart attacks, and attributed his recovery from the first one to marijuana. He never fully recovered from his second heart attack last fall, and his death is attributed to complications from that heart attack.

Wikipedia claims that Herer believed that hemp "should be decriminalized because it has been shown to be a renewable source of fuel, food, and medicine, and can be grown in virtually any part of the world, and that the U.S. government deliberately hides the proof of this."

DWI for Fairfax County Woman After Collision with Police Car

Sat, 17 Apr 2010 08:00:00 EST

The Washington Times reported that a 49 year-old woman from Burke, in Fairfax County, Virginia, was charged with DWI after a collision with a police car that was responding to an emergency call. The woman allegedly turned onto Rolling Road, into the police car's path, even though the police vehicle had its sirens and emergency lights on. Both drivers had serious injuries.

DWI for Man Who Drove Himself to Jail Drunk

Tue, 13 Apr 2010 08:00:00 EST

A 42 year-old Massachusetts man is facing a second DUI charge after arriving drunk at a Vermont prison last week, police say. The man was there to serve a 2-day jail sentence on a previous DUI conviction. Prison employees noticed the man was intoxicated, and that he had driven himself to the prison, so they called authorities, who charged him with another DUI.

Swallowing Marijuana Lands Salesman in Jail

Tue, 13 Apr 2010 08:00:00 EST

A door-to-door meat salesman was arrested in Tennessee after swallowing a half-burned marijuana joint in front of police. News reports say the suspect was sitting in his vehicle as the police officers asked about selling without a city permit. He didn't cooperate with the officers when they tried to retrieve the joint and arrest him. He faces charges of evidence tampering and resisting arrest.

Reckless Driving Charge for Fatal Leesburg Accident

Tue, 13 Apr 2010 08:00:00 EST

A 28 year-old Winchester man was charged with Reckless Driving after an accident early Saturday in Leesburg, Virginia, in which he rear-ended a motorcycle stopped at an intersection, killing the motorcyclist, a 29-year old West Virginia man.

DWI Crash Kills Two Young Children

Sun, 11 Apr 2010 08:00:00 EST

A tragic DWI accident in Texas claimed the life of two young sisters, ages 4 and 2, and critically injured four adults. Around 12:30 AM yesterday, a pick-up truck crashed into the sedan the girls were riding in, throwing the 4 year-old from the vehicle and killing the 2 year-old whose car seat was reportedly not correctly secured. The drivers of both vehicles were suspected of DUI and face charges.

DWI for Pantsless PI

Sun, 11 Apr 2010 08:00:00 EST

A NY private investigator, who happened to be driving without pants, faces DWI charges after nearly crashing into another vehicle last Wednesday. The driver of the vehicle he almost hit called police and followed the PI. He pulled over and handed her his license and keys. He told police he was headed to a drugstore to pick up medicine. Police conducted field sobriety tests (he failed all but one), and the suspect told police he had taken an antihistamine. He is scheduled to appear in court this week.

DWI Officers Paid Millions in Overtime

Sun, 11 Apr 2010 08:00:00 EST

Several Albuquerque DWI Police Officers earn six figures in OT pay. Now a policy is being enforced that requires officers to see their DUI cases through to the end, instead of handing off to DWI team. Supporters claim millions of taxpayer dollars are being saved. Opponents say public safety is at risk.

Read more about Albuquerque's policy enforcement.

Guilty Pleas for JMU Snowball Throwers

Sun, 11 Apr 2010 08:00:00 EST

Two JMU students were facing felony charges for having fun in one of Northern Virginia's record-setting snowstorms of 2010. The charge was reduced to a misdemeanor: playing in a roadway. They pled guilty, and were sentenced to probation and litter pick-up.

I blogged about this story when it first broke.

Traffic Speed Cameras Just a Master Key Away

Mon, 05 Apr 2010 08:00:00 EST

A Flemish Parliament member, Jurgen Verstrepen, claims he was able to easily obtain a lock and key set that exactly matches those used for the cabinets that house the controls for traffic speed cameras in Belgium. He was also able to successfully open several of the cabinets with that key. Apparently the lock and key set may be ordered from any locksmith (Verstrepen has declined to identify the model number). These same cameras are also used in the United States.

Watch Verstrepen unlock a speed camera control box in Dutch (no English subtitles).

Reckless Driving for Son of Deadliest Catch Star-No DUI or Hit & Run

Sat, 27 Mar 2010 08:00:00 EST

Jake Harris has a court date in April, but he will not be charged with DUI or Hit & Run. News reports say there was not enough evidence to support those charges, and, instead, Harris will be charged with Reckless Driving and Driving on a Suspended License.

Click here to read about Harris' arrest in February.

AZ DWI Policy - Will it Save Money or Risk Public Safety?

Sat, 27 Mar 2010 08:00:00 EST

Albuquerque is enforcing a policy requiring the arresting officer in a DWI case to personally complete the suspect's booking process. The officers usually would pass the suspect over to the DWI unit, but, in an effort to save money, are no longer allowed to do this.

This is supposed to save money by having only one police officer involved with the arrest, and, therefore, requiring only one officer to be in court for that case, instead of at least two.

Critics argue that public safety is at risk, since arresting officers will be spending more time booking suspects and less time on the streets.

Please read more about Albuquerque DWI officers' overtime pay.

NY Man's DWI Court Appearance Leads to Another DWI Charge

Sat, 27 Mar 2010 08:00:00 EST

A 39 year-old New York man who appeared in Court Monday for a DWI charge was charged with another DWI after he left. News reports say a court security officer noticed the man's apparent intoxication, and when he confronted the man, he fled in his vehicle. Troopers stopped him later and arrested him.

This is reminiscent of a Nebraska man who appeared at his DUI sentencing hearing drunk. For that story, please click here.

DWI Charge for Man Driving Lawn Mower on Road

Sat, 27 Mar 2010 08:00:00 EST

A 47 year-old man was charged with DWI after he was caught driving a lawn mower on the road. The man had previous DWI convictions and a revoked drivers license. His BAC was 0.14.

The Tweeting Breathalyzer

Fri, 26 Mar 2010 08:00:00 EST

Social Experiment or a new tool for Big Brother?

Danny Newman was given a breathalyzer machine and put it to good use. He recently attended a festival in Texas selling mouthpieces for his machine for $5. Customers use the breathalyzer to find out their blood alcohol level, and Newman posts results on Twitter. The four-day festival is pedestrian-friendly, so those who buy the mouthpiece (and hold onto it) can check their BAC anytime they come across Newman. You can click here for Newman's website.

Former CA Police Chief Accused of DUI After Crashing City Vehicle

Thu, 25 Mar 2010 08:00:00 EST

According to news reports, the 62-year old Riverside, California, police chief crashed his city-issued vehicle after leaving a strip club last month. He had allegedly taken several prescription medications and consumed at least 10 drinks before the incident. He was not, however, given a breath test or sobriety tests.

Two Baltimore Police Officers Shot During Traffic Stop

Sun, 21 Mar 2010 08:00:00 EST

Two Baltimore police officers were shot early this morning by a man they pulled over for a traffic stop. MyFoxDC reports that as they approached the vehicle, the suspect pulled out a gun and shot one officer in the face and the other in the arm. The officers returned fire, killing the suspect, and are in serious but stable condition.

Virginia Company Receives 1,840 Pounds of Marijuana

Sun, 21 Mar 2010 08:00:00 EST

Employees of a company in Verona, Virginia, were shocked when they opened boxes that were supposed to contain equipment, but instead contained marijuana, and lots of it - 1,840 pounds!

Reckless School Bus Driver Causes Second Fatal Accident in PA

Sat, 20 Mar 2010 08:00:00 EST

A 38 year-old Pennsylvania man was charged this week in connection with a fatal February accident that occurred when the school bus he was driving (filled with students) crashed into another vehicle as the bus made a left turn without stopping first. The passenger in that vehicle died, and the driver was injured. The bus driver has been charged with homicide by vehicle and 46 counts of recklessly endangering another person.

The fact that this man was driving apparently so carelessly with a bus full of school children is disturbing enough, but this man also caused another fatal accident just over ten years ago when he failed to stop at a stop sign as he dialed a cell phone, crashing into another car and killing a toddler.

Jogger Killed by Tractor Trailer

Sat, 20 Mar 2010 08:00:00 EST

A 51 year-old woman was killed earlier this month as she jogged in DC. She apparently crossed a street against the signal, and was wearing headphones. A tractor-trailer hit her, but the driver reportedly wasn't aware that he had struck anyone. He called police later when he saw his truck on the news. According to news reports, the truck driver will probably not face any charges.

Day After DUI Conviction Woman Crashes While Shaving Bikini Area

Sat, 20 Mar 2010 08:00:00 EST

A 37 year-old woman is again facing serious traffic charges because she tried to shave her privates while driving her car --- just ONE DAY after a DUI conviction! According to news reports, she was not even supposed to driving, and her vehicle should have been impounded, because of the DUI conviction the day before.

Even more interesting, her ex-husband was a passenger in her vehicle, and took the wheel so she could shave her bikini area, as she drove to her date with her boyfriend. As the woman shaved, and her ex-husband apparently steered, their vehicle rear-ended another one, injuring two people.

The woman now faces charges of driving with a revoked license, reckless driving, leaving the scene of a wreck with injuries and driving with no insurance.

Charlie Sheen Pleads Not Guilty

Mon, 15 Mar 2010 08:00:00 EST

Charlie Sheen pled not guilty today to domestic violence charges in Aspen, Colorado. The charges stem from a Christmas Day incident when Sheen's wife called 911, alleging that Sheen threatened and assaulted her. His trial has been set for July.

"East Coast Rapist" Apparently Back in Virginia

Mon, 15 Mar 2010 08:00:00 EST

This Washington Post reports that the so-called East Coast Rapist has returned to Northern Virginia, his most recent attack being on Halloween Night. The article provides a description of the suspect, and notes that police know a lot about him -- they even have his DNA -- but he has eluded police for over 13 years. Police believed he started raping women in Prince George's County, then in Virginia, and then in New England. They believe he returned to Northern Virginia, and is responsible for the Dale City rapes on Halloween Night.

An AP News Report may be found in our video library.

Alleged Drunk Driver Drunk Again at DUI Sentencing

Mon, 15 Mar 2010 08:00:00 EST

A 30 year-old Nebraska man is in trouble with the law again after showing up drunk at his DUI sentencing. His blood alcohol content was 0.43, more than five times the legal limit. The man allegedly needed help getting into the courtroom, and was too drunk to appear in Court.

Please click here for a news video regarding this case.

This case is similar to a New York one that occurred a few weeks later. Please click here for that story.

Four Nebraska Teenaged Students Caught with Marijuana in Two Days

Mon, 15 Mar 2010 08:00:00 EST

In an alarming article, it was reported that four teenaged students in Nebraska were caught with Marijuana last week. One of the students was only 13!

Police Checkpoint Uncovers 19 Pounds of Marijuana

Mon, 15 Mar 2010 08:00:00 EST

A police checkpoint in Omaha last week led to the discovery of 19 pounds of marijuana in a single vehicle. The driver, a Stockton, CA man, was stopped for an improper lane change. The trooper detected the odor of marijuana and found it in a duffel bag. The driver was charged with possession of marijuana with intent to deliver

Medical Marijuana Leads to Unlawful Firing in Montana

Mon, 15 Mar 2010 08:00:00 EST

A Montana claims he was unfairly fired from his job at Loaf-N-Jug, a convenience store, after testing positive for marijuana. He claims he is eligible to use medical marijuana, and his employer was aware of this, but nevertheless fired him after he tested positive for the drug. He has filed a lawsuit for $500,000.

Landra Reid, Victim of Reckless Driving Crash, Released from Hospital

Mon, 15 Mar 2010 08:00:00 EST

Senate Majority Leader Harry Reid's wife, Landra, was released from INOVA Fairfax Hospital. She underwent surgery a few days ago for serious injuries sustained in a car accident when a tractor-trailer rear-ended the minivan in which she was riding. The driver of the truck was charged with Reckless Driving.

Please click here for more news on the accident.

Hit and Run on I-95 Near Springfield

Sun, 14 Mar 2010 08:00:00 EST

A 73 year-old Virginia man was struck and seriously injured early this morning along I-95 near Springfield, Virginia. His car had collided with another, and he pulled over to the shoulder and stood next to his car. That's when another car struck him and his car, and fled.

It is believed the driver who didn't stop was driving a a large Mercedes sedan or small SUV, and that vehicle would have substantial damage to its right side.

Vienna Bank Robbed - Is it the Serial Bank Robber?

Sun, 14 Mar 2010 08:00:00 EST

A local Vienna bank was robbed Saturday by a female suspect. Police believe it's the same woman tied to a string of Fairfax County bank robberies.

Ohio Man Charged with Reckless Driving for Fairfax County Accident

Sun, 14 Mar 2010 08:00:00 EST

Landra Reid, wife of Senate Majority Leader Harry Reid, was seriously injured Thursday in a traffic accident on I-95 in Fairfax County, Virginia. Landra was a passenger in a minivan driven by her daughter, 49 year-old Lana, in stop-and-go traffic. A tractor-trailer rear-ended the minivan. Mrs. Reid broke her back, neck, and nose, but her injuries are not believed to be life-threatening.

Please click here for another related article.

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.

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 .

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.

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.

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!

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.

Please click here for an update on this case.

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.

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.

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.

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.

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.

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.

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.

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.)

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.

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

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.

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

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.

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.

Virginia Legislature Special Session Approves a "Fix" for the Melendez-Dias problem.

Wed, 19 Aug 2009 08:00:00 EST

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.

Various provisions cover drug, blood, and breath testing, with all referring to the key language in 18.2-187.1 (a,b,c,d,e).

Old 187.1 is entirely deleted. I've pasted the new section 187.1 below, but there is also a link to the full legislation.

Still many of the same problems as the first drafts. 6 month accuracy testing to be taken off of breath sheets, but nothing to cure that problem with existing cases.

As "Emergency" legislation, this goes into effect as soon as the Governor signs it:

http://leg1.state.va.us/cgi-bin/legp504.exe?092+sum+SB5003

It was/is a busy day in Richmond, with the list of legislation growing all day:

http://leg1.state.va.us/cgi-bin/legp504.exe?092+lst+ALL

Of course, they found time to pass a joint resolution to make sure that everybody got paid for working on the Special Session!

Paul McGlone
Fairfax, Virginia
703-273-2750
www.mcglonelaw.com

§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances.

The accused in any hearing or trial in which a certificate of analysis is admitted into evidence pursuant to § 19.2-187 or § 19.2-187.01 shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness. Such witness shall be summoned and appear at the cost of the Commonwealth.

A. In any trial and in any hearing other than a preliminary hearing, in which the attorney for the Commonwealth intends to offer a certificate of analysis into evidence pursuant to § 19.2-187, the attorney for the Commonwealth shall:

1. Provide by mail, delivery, or otherwise, a copy of the certificate to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;

2. Attach to the copy of the certificate so provided under subdivision 1 a notice to the accused of his right to object to having the certificate admitted without the person who performed the analysis or examination being present and testifying; and

3. File a copy of the certificate and notice with the clerk of the court hearing the matter on the day that the certificate and notice are provided to the accused.

B. The accused may object in writing to admission of the certificate of analysis, in lieu of testimony, as evidence of the facts stated therein and of the results of the analysis or examination. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the certificate and notice were filed with the clerk by the attorney for the Commonwealth or the objection shall be deemed waived. If timely objection is made, the certificate shall not be admissible into evidence unless (i) the testimony of the person who performed the analysis or examination is admitted into evidence describing the facts and results of the analysis or examination during the Commonwealth's case-in-chief at the hearing or trial and that person is present and subject to cross-examination by the accused, (ii) the objection is waived by the accused or his counsel in writing or before the court, or (iii) the parties stipulate before the court to the admissibility of the certificate.

C. Where the person who performed the analysis and examination is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.

D. Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection A shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused's objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection A, the accused's objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection C.

E. The accused in any hearing or trial in which a certificate of analysis is offered into evidence shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness. Such witness shall be summoned and appear at the cost of the Commonwealth.

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.

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

Wed, 31 Dec 2008 08:00:00 EST

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