Virginia DUI Attorney: Campaigns Warning Against Drunk Driving in Full Force as New Years Holiday Approaches

          The New Years’ holiday is by far responsible for the most drunk driving related arrests and citations.  Anti-Drunk Driving campaigns are ramping up as 2016 approaches.  A majority of people ring in the new year with a champagne toast, a celebratory shot, or some other alcoholic beverage.  It is their next choice that gets them in trouble: driving home.  Due to so many people being out at bars and restaurants on New Years’ Eve, it is difficult to get a taxi, Uber, or Lyft without having to wait a long time.  However, that cannot be an excuse for electing to drive drunk.  Do not become a statistic, or worse, responsible for an innocent person’s death.

            Law enforcement officials throughout Virginia will be out in full force monitoring the roads for drunk drivers.  It just is not worth it to drive drunk.  The consequences include: being arrested, confiscation of your driver’s license and privilege to drive, mandatory installment of an ignition interlock device in your vehicle, fines, and/or jail time.  The consequences vary depending on whether it is your first, second, third, or more offense.

            If you do make the poor decision to drive under the influence and are stopped by Virginia police, our attorneys can help mitigate the consequences, especially if it is a first offense and you did not contribute to an accident.  Many people do not understand the severity of a DUI arrest or citation and choose not to seek legal representation and that is a mistake.  As the consequences listed above show, DUI is not some minor offense and should always be taken seriously.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Vienna DUI Attorney: Increase in Traffic Deaths Caused by Drunk Drivers

           Nationwide, fatal car accidents are happening at an alarming rate with the culprits being distracted drivers and drunk drivers.  This trend is also true in Virginia.  Due to an increase this year in traffic deaths on Virginia roadways, Virginia State Police are increasing DUI patrols as the holidays approach.  Police want people to “Drive to Save Lives.”  For example, just in the week surrounding Thanksgiving, nine people died on Virginia highways.  What is even more alarming is that only one of those people was wearing a seatbelt.  Even though seatbelts do not guarantee a person survives an accident, they do however dramatically increase the likelihood of survival.

            

           This year in Virginia, 19 more people have lost their lives due to traffic crashes than last year.  Virginia Police are trying to do whatever it takes to protect drivers from fatal accidents.  While police will be focusing on drunk drivers and reckless drivers, they will also be on the lookout for drivers who are not using a seatbelt.  Driving to save lives can only happen if drivers use seatbelts, pay attention while driving, and choose not to drink and drive.  Police officers can only do so much to save lives.  It is up to drivers to actually take action in order for positive change to occur.

All of these fatalities on Virginia roadways are preventable.  Police hate seeing these types of accidents keep occurring, and now they have been forced to implement a zero tolerance crackdown on several behaviors.  Warnings will no longer be handed out by police, and instead, citations will be given to drivers who are caught violating one of these deadly-accident-causing offenses.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Officials Warn About Fatal Car Accidents as the Thanksgiving Holiday Approaches

            Thanksgiving travel this year will continue the trend of the last few years, beating the previous year’s numbers in terms of number of travelers.  About 42 million nationwide will hit the road for Thanksgiving this year.  Well over one million from Northern Virginia and Washington, D.C. will take to the area highways for travel next week.  With roads and highways jam-packed with millions of cars, trucks, and buses, accidents will occur in large numbers.  Unfortunately, some of these accidents will result in serious injuries and even fatalities.  The National Safety Council estimates 433 deaths and more than 50,000 serious injuries occurring as a result of traffic accidents.  The group cites the combination of high traffic volume and the increase in drinking and driving around holiday time as the cause for the startling predictions.  The group hopes that by making people aware of the dangers on the roads next week for holiday travel that they will save some lives.

            

            Some ways to prevent fatalities in auto accidents include wearing your seatbelt at all times, driving the speed limit, driving sober, and driving without any distractions (i.e. cell phones, make up, and radios).  Numerous reports this year have shown that deadly car accidents are significantly higher than normal due to speeding and alcohol.  It is not surprising that New Year’s tops the list for the most fatal car accidents, but Thanksgiving is near the top of the list as well.  The Wednesday night before Thanksgiving is an extremely busy night at bars for teenagers and young adults who are reconnecting with high school and college friends.  Always remember to drive sober and never drink and drive.  About one-third of all fatal accidents that occur around Thanksgiving are attributed to alcohol.

            

            If you or a family member has been charged with DUI or DWI in Virginia and/or were involved in a deadly accident as a result, please feel free to contact our office at (703) 916-1227 and schedule an appointment for a free legal consultation at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Drunk Driving Study Reveals Time of Day is Key Factor in Number of Fatal Accidents

           Everybody is aware of the dangers and consequences of drinking and driving, yet the number of fatal accidents where alcohol is a factor remains high.  A new study conducted found that last year, there were 7,852 fatal accidents involving drinking and driving.  In other words, there were about 22 deadly DUI-related accidents every day.  Some of the worst states included Montana, North Dakota, South Dakota, and South Carolina.  Virginia is one of the best states in terms of having the least number of fatal DUI crashes per 100,000 residents.  Washington, D.C. has the lowest number of fatal DUI crashes per 100,000 residents out of all fifty states.

            

            The most interesting statistics that this study revealed involve the time of day when DUI-related fatal accidents occurred.  As expected, the time period of 2-3am, when most bars close for the night, had the highest number of fatal alcohol-related accidents.  The research also showed that there were spikes in fatal crashes around 7pm, when many happy hours end, and 3pm, which shows that lunchtime drinking is gaining popularity.

           

            It is still quite amazing, that as much information is out there for people to know and understand the catastrophic consequences of drinking and driving, that so many people choose to take that risk.  In addition, today there are so many options available to people to get to their destination without having to drive themselves.  Any amount of alcohol in your body can affect your judgment and reaction time.  When you factor in drinking several alcoholic beverages or shots in a short period of time without eating a substantial amount of food, your blood alcohol concentration (BAC) levels will increase dramatically.  For example, at 0.08 the legal limit in Virginia, there is impaired speech, vision, hearing, and reaction time.  The effects get progressively worse as your BAC levels increase.  Anything over 0.23 will likely result in a blackout, alcohol poisoning, and a chance of respiratory failure.  While drinking is an easy way to have fun, just remember to be safe about it, and NEVER choose to drive drunk.

If you or a family member has been charged with DUI or DWI in Virginia and/or were involved in a deadly accident as a result, please feel free to contact our office at (301) 854-9000 and schedule an appointment for a free legal consultation at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Chesterfield County, Virginia Reported 102 DUI Arrests in September

              In the month of September, 102 drivers were arrested on suspicion of DUI in Chesterfield County, Virginia.  Police in the area are warning drivers that heavy DUI patrols will continue.  This number is far too high for a single month’s period, and police will continue to be on the lookout for possible drunk drivers in the county.  “Sobriety checkpoints, targeted patrols, and tips from the public” will continue to be employed by police officers.  This high number shows police that drivers simply are not afraid of current penalties in place for drunk driving.  Whether that is indeed the case remains to be seen, but drivers should know that if caught driving under the influence of alcohol, penalties include a $2,500 fine and/or one year in jail.  The penalties are much worse for drivers with multiple DUI convictions.  Police suggest that you should always have a designated driver if you plan to drink any amount of alcohol.  Other tips include: drinking in moderation (i.e. one drink per hour), eating before drinking, and if hosting a party, stop serving alcohol well before the party is over.

      

          If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

   If you or a family member has been charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Tysons Corner or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia Bicyclists Hit by Drunk Driver, Escape with Minor Injuries

              Early last Friday morning, two bicyclists were riding on Azalea Avenue, just outside I-95 in Henrico County, Virginia.  As they approached Sandpiper Drive, a suspected drunk driver crashed into them and knocked them to the ground.  Luckily, they only suffered minor non-life-threatening injuries.  Police are still investigating the circumstances of the accident, including any other factors that played a role or might have contributed to the crash.  Virginia is one of the few states that have contributory negligence, which means that if you are injured in an accident, but your actions contributed to that accident as well, you cannot recover anything in compensation for any injuries suffered.  Riding a bike in the middle of the night is not the safest thing to do, especially if you are not wearing any protective gear, such as reflective clothing, flashing lights, and a helmet.  It is difficult for drivers to see a bicyclist when it is dark outside, therefore, if you must ride your bike at night, you should always have a light or reflective gear so that you are visible to cars on the road.  Information regarding what the two bicyclists were wearing and whether they were obeying traffic laws on the road is unknown at this time. 

           

              Driving under the influence of alcohol almost always results in someone getting hurt or killed.  A drunk driver has no control over their vehicle when they have large quantities of alcohol in their system.  Their reaction time in avoiding accidents is much slower than under normal conditions.  The bicyclists that were hit in this accident are very lucky that they were not seriously injured or killed by this drunk driver.  There are so many options out there for people who have been drinking to use in order to get home safely without hurting anyone else. 

             

              If you or a family member has been injured or killed in an accident caused by the fault or negligence of a drunk driver and would like to consult an experienced Virginia personal injury attorney for free, contact us at (703) 916-1227 to schedule an appointment at one of our office locations in Fredericksburg or throughout Virginia or visit us online at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml

Virginia Drunk Driver Kills Pedestrian and Crashes into Another Car

           Two weeks ago, a 22 year old Fredericksburg, Virginia man was charged with DWI after he struck and killed a woman in Springfield, Virginia.  The woman was waiting for the bus when the drunk driver lost control of his car and ran her over.  After hitting the woman, the driver continued up an embankment, reentered the roadway, and crashed into another car on the other side of the road.  The driver in this other car suffered minor injuries.  The drunk driver and his two passengers also suffered minor injuries.

             

           As of right now, the drunk driver has been charged with his second DWI within 5 years and driving on a suspended license.  Additional charges may be pending for the driver depending on further police investigation.  A second DWI arrest in such a short period of time will result in more severe consequences and penalties, including a 3 year suspension of your driver’s license. 

            

           As for the victims of the accident, they deserve compensation.  The woman who was killed as a result of the driver’s negligence in choosing to drink and drive for a second time deserves compensation. This was the driver’s second DWI offense within 5 years, but who knows how many other times he drove under the influence of alcohol and did not get caught.  His actions killed somebody and injured another this time, and nothing can be done to reverse that. 

             

           If you or a family member has been injured or killed in an accident caused by the fault or negligence of a drunk driver and would like to consult an experienced Virginia personal injury attorney for free, contact us at (703) 916-1227 to schedule an appointment at one of our office locations in Fairfax or throughout Virginia or visit us online at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml

Roanoke, Virginia Man Charged with DUI After Leading Police on Low-Speed Chase

          Virginia police were alerted of a reckless driver heading north on Route 221 during the afternoon of Labor Day Monday.  The car crashed in someone’s front yard, but continued on driving.  Police tried numerous times to pull the driver over, but were unsuccessful.  Thus, a low-speedpursuit began down Route 221 to apprehend the driver, who is now facing a DUI charge, felony eluding, having an open container of alcohol, failure to obey a traffic signal, and failure to wear a seatbelt.  Police had to use spike strips in order to bring the vehicle to a stop.  With the tires punctured, the driver then lost control of the car and hit a parked vehicle.

            

          Labor Day Weekend likely resulted in numerous DUI arrests across Virginia.  The weather for the weekend was perfect, and Labor Day Weekend is a popular time for people to have cookouts and outdoor parties where alcoholic beverages are served.  The circumstances surrounding this DUI arrest are unknown, but it is certainly possible that the driver was leaving a cookout in the afternoon after drinking and thought that he was ok to drive.  Whatever the circumstances were, he made a very dangerous decision to drink and drive, putting his life and the life of others at risk.

It is important that you consult an experienced Virginia DUI attorney immediately if you have been arrested for a DUI/DWI because it is a criminal offense that carries severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Manassas or one of our many other offices located throughout Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

University of Virginia Incoming Freshman Quarterback Charged with DWI

           During the last week of July, freshman quarterback for the University of Virginia was caught by police driving while intoxicated in Charlottesville.  The quarterback’s blood alcohol level was 0.14 at the time of arrest, which is almost double the legal limit of 0.08 in Virginia.  Police pulled the 18 year old quarterback over because he was driving without headlights on at night.  The officer then smelled alcohol on his breath and a breathalyzer was then used to determine his blood alcohol concentration.  His status with the team has not been determined yet because they are awaiting the results of his pending trial in September.

            

           Statistics from 2013 for the Washington, D.C. metropolitan area show that close to 18,000 arrests were made for DUIs, which comes to about one arrest every thirty minutes.  This staggering number of arrests is the result of increased police patrol in the region to try and prevent alcohol-related serious deadly accidents.  There were 243 traffic deaths in 2013 and 81 of them were alcohol or drug-related.  Luckily, police were able to stop the quarterback before he injured or killed another person or himself.

      If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  Our experienced attorneys can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Fairfax or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

DUI in Parked Car With Lights on, But No Ignition is Upheld

            In 2012, the Virginia courts upheld a DUI conviction when the defendant was found intoxicated in a parked vehicle with the keys in the ignition.  The Court found that “operate” as used in Va. Code §46.2-100 turns on “whether the vehicle is capable of being operated at the time that the driver is found.”  When a key is in the ignition, the car is deemed to be capable of being operated for purposes of a DUI.

            

            In 2014, the Virginia courts determined that a person who is asleep in a parked car in his own private driveway with the key turned slightly in the ignition only to activate the auxiliary power is also considered to be capable of operating a vehicle, which violates the DUI statute.  Even though the defendant was asleep in the car, he was still seated in a car, behind the steering wheel, with the keys in the ignition.  The defendant was deemed to be in “actual physical control” under Va. Code §18.2-266.  The position of the key in the ignition is not relevant when determining if a driver is in “actual physical control” of the vehicle.  The use of electrical equipment in the vehicle is enough for courts to determine that the defendant is operating a vehicle.  Use of auxiliary power proves “actual physical control” of a vehicle.

            

            Now, the Fairfax County Circuit Court just ruled that someone found asleep in a parked vehicle with lights illuminating the radio panel is deemed to be in “actual physical control” of the vehicle for purposes of a DUI.  The vehicle involved in this case has push button technology which means that auxiliary power can be activated with the touch of a button.  However, the car’s ignition can also be activated with the touch of a button.  Thus, the Court found that the push of button that activates the radio panel lights is akin to the slight turn of a key in an ignition that activates the auxiliary power.  Therefore, the defendant in this case by having radio panel lights illuminated is deemed to be in “actual physical control” of the vehicle for purposes of a DUI in Virginia. The Court’s opinion for this case can be found here.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Fairfax or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Drunk Driving a Serious Problem in DC Metro Area: Every 30 Minutes an Arrest is Made

            In the Washington, D.C. region, 1/3 of all traffic deaths are alcohol-related, and that number is trending higher.  Data from 2013 shows that close to 18,000 arrests were made for DUIs, which comes to about one arrest every thirty minutes.  This staggering number of arrests is the result of increased police patrol in the region to try and prevent alcohol-related serious deadly accidents.  There were 243 traffic deaths in 2013 and 81 of them were alcohol or drug-related.  The recent trend nationwide has been a decrease in alcohol-related fatalities on the roadways and increase in arrests.  However, 2013 saw an increase in deadly accidents, and officials are hoping that it is just an anomaly.  We will certainly find out soon once data from 2014 is compiled.

      

     If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Annandale or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Increase in DUI Arrests in Virginia in July

             So far in July, the number of DUI arrests in Virginia has been much higher than in years past.  For example, over July 4^th weekend there were close to 100 drivers arrested for DUI, which was a significant increase from the 77 arrests over the same period last year.  It is alarming to see the number of arrests for drunk driving increasing so dramatically.  This increase either means that more and more people are choosing to drive drunk or that police are increasing their DUI patrols to try and catch more offenders.  Either way, it is worrisome to see that close to 100 drivers were driving drunk just over July 4^th weekend.

           

             This past Saturday, a Virginia State Trooper had pulled over a driver on I-395 southbound between Alexandria and Annandale for suspicion of DUI.  The trooper was conducting a DUI investigation when another trooper arrived to assist.  Both troopers’ vehicles were positioned behind the drunk driver’s vehicle with emergency lights activated.  Another drunk driver drove right into the back of the trooper’s car and one of the troopers sustained a head injury in the crash.  The driver of this second vehicle was from Alexandria and he was not injured.  The troopers arrested this driver for DUI and police finished the DUI investigation and arrest for the first driver.  No other individuals were injured in this crash.

     

       If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Annandale or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

7 Things to Expect After Being Pulled Over for DUI/DWI in Annandale, Virginia

An officer must have probable cause to pull you over.  Probable cause is usually demonstrated through erratic driving such as swerving, speeding or violating simple traffic laws.  Officers are also able to question drivers as to whether they had been drinking at the scene of an accident, regardless of whose fault the accident was.  Occasionally officers will set up formal check points in order to screen all drivers for signs of intoxication.

Once you are pulled over you should expect the following events:

                1.      You will questioned as to whether you had been drinking, how much you had to drink, and when you had your last drink.  The question regarding your last drink is very important in cases where there was an accident and the officer did not witness it.  Unless the police can show that your last drink was before your accident, it is difficult for them to accurately determine whether you were drunk at the time you were operating the car.

               2.                               If the officer wishes, he can have you perform “field sobriety” tests in order to determine if there is further probable cause to conclude that you are under the influence of alcohol.  The tests include the Horizontal Gaze eye test, the Walk and Turn, and the One Leg Stand test.  If you perform poorly on these tests, the officer may arrest you under suspicion of drunk driving.

              3.                               Upon arrest, you will be handcuffed and taken to a location to provide a sample of your breath for analysis.  If the reading is .08 or above, there will be a presumption of your guilt.  If you refuse to take the Breathalyzer test your driver’s license can be suspended for 1 year, even if you are subsequently found not guilty.  It is also important to know that even without the breath test, the prosecutor can still go forward and use the results of the field sobriety test against you. 

              4.                            If you are arrested for drinking and driving, the police will take your Virginia license for a one week administrative suspension.  Your license will be returned after that time, and you will keep it without restriction until a court makes a final decision on your case.  If you have a license from another state, the Virginia police cannot take your driver’s license away.

              5.                             After you are arrested, you will be held in county jail until a magistrate makes a decision on whether to issue a bond in order for you to be released.

              6.                            If you speak only a language other than English, such as Korean, Chinese or Spanish, the officer must obtain an interpreter to go over your rights and advise you about what is happening during the field sobriety tests, as well as the Breathalyzer test.

              7.                            If you are convicted of drinking and driving, the Virginia law mandates at least a one year loss of license, as well as an alcohol safety class, fines, and in some cases where the blood alcohol level is .15 and above, requires mandatory jail.

    If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Annandale or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia Traffic Stops by Police Significantly Affected by U.S. Supreme Court Decision

           The U.S. Supreme Court recently handed down a decision regarding a person’s 4^th Amendment rights during traffic stops.  The decision directly affects how law enforcement officials in Virginia conduct traffic stops.  In addition, the Court’s decision abrogates, or repeals, two Virginia Court of Appeals decisions.

            The Supreme Court case, Rodriguez v. United States, led the Court to consider “whether an officer, having completed a valid traffic stop, could extend the encounter for a few more minutes to pursue a criminal investigation.”  In other words, could an officer, who pulled a driver over for a civil traffic violation such as a brake light out, delay the traffic violation ticket process in order to pursue a criminal investigation such as a drug offense.  The 8^th Circuit Court of Appeals held that an officer’s seven or eight minute delay, which allowed him to conduct a search with a canine, was permissible and did not violate the defendant’s constitutional rights.  Justice Ginsburg wrote the opinion for the Court’s 6-3 decision, which reversed the 8^th Circuit’s holding.  The initial stop of the defendant was for a traffic infraction, but the officer extended that stop in order to pursue a criminal investigation.  The Virginia Court of Appeals had consistently held that officers were allowed to pursue criminal investigations during traffic stops.  However, the Supreme Court’s holding here in Rodriguez changes the way Virginia police officers can conduct traffic stops and puts the focus solely on the civil traffic infraction.  Justice Ginsburg wrote, “On-scene investigation into other crimes, however, detours from that mission.”

            The two Virginia Court of Appeals cases involved drivers being pulled over for minor traffic violations and police officers extending the length of the traffic stop by asking questions about things unrelated to the traffic stop and checking the drivers’ records.  The Virginia Court had held that a driver’s 4^th Amendment rights were not violated when an officer extended the traffic stop by about ten minutes in order to pursue a criminal investigation.  The Supreme Court’s recent holding contradicts the Virginia Court’s holding because “Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been—completed.”

            Now, when drivers in Virginia are pulled over by police for a traffic infraction and the officer tries to extend the process in order to pursue a possible criminal investigation, the driver’s 4^th Amendment rights are being violated.  Record checks by police are still deemed to be permissible, however, any type of questioning or search outside the scope of the traffic violation that extends the amount of time of the original stop is not permissible. 

            If you or a family member have been arrested in Virginia for a criminal offense as a result of being pulled over for a traffic offense, and would like to consult an experienced Virginia criminal defense attorney for free, contact our office at (703) 916-1227 to schedule an appointment at one of our office locations in Alexandria or throughout Northern Virginia or visit us online at http://www.portnerandshure.com/Criminal-Defense/

Drunk Driver Hits Power Poles in Northern Virginia

           Early this morning, a drunk driver crashed into two power poles on Graham Park Road in Dumfries, Virginia.  Thousands of residents in the area are without power because of the crash and Dominion Virginia Power crews will need to replace the poles in order to restore power.  Dominion Power officials estimate that power should be restored by 7pm tonight.

            In addition to homes and businesses in the area being without power, traffic lights could be affected as well.  Drivers in the area should be prepared to treat powerless intersections as 4-way stops to avoid accidents.  Further, Prince William County Police warn drivers to avoid the area this morning because Graham Park Road between Olde Port Lane and Woodlawn Drive will be closed for a few hours because the damaged poles are blocking the roadways.

            Although no one was seriously injured in this crash, it still warrants a reminder to Northern Virginia drivers to never drive under the influence of alcohol.  Police charged the driver in this accident with drunken driving.  Drivers are constantly reminded and warned about the consequences of driving drunk, yet people still commit the offense on a daily basis.

            In Virginia, the consequences of being charged with a DUI (blood alcohol concentration of 0.08 or more) are severe and can negatively impact you for the rest of your life.  Virginia’s penalties for a first-time DUI are among the most severe in the country.  It is required that for a first offense, regardless of  the blood alcohol concentration (BAC), an interlock device must be installed for a minimum of six months to allow the driver to resume full or conditional driving privileges.  This is a change in Virginia law that took effect July 1, 2013, where previously it was in the court’s discretion to require an interlock device to be installed unless the BAC level was over 0.15.  If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal. 

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at one of our many offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/