Drugged Driving Responsible for More Deaths than Drunk Driving

A new study was released today by the Governors Highway Safety Association that showed, for the first time, drivers killed in accidents are more likely to be under the influence of drugs than alcohol. The data used for this study was compiled from 2015, and it showed that 43% of drivers tested in fatal accidents had some form of legal or illegal drugs in their system. Compare that number to just 37% of drivers tested having alcohol in their system at the time of the fatal accident.

This data is quite surprising for researchers because government officials and police officers devote much of their time and effort combating drunk driving. Drugged driving is almost never mentioned. With these new results, officials are certainly expected to expand their focus to include drugged driving checkpoints.

Additional data from the study also showed that of the 43% that tested positive for having drugs in their system, more than one-third of them had marijuana in their system. Many people believe that marijuana has minimal effects on a person's body, but the results of this study certainly tell a different story. As a driver, you need to be able to react to the driving conditions in a split second. Marijuana and other drugs inhibit a person's ability to react quickly.

It is interesting to note that while drunk driving remains a major problem in all roadways, it has been declining in recent years. However, as all resources have been devoted to reducing the number of alcohol related deaths on the roads, fatal accidents caused by drugged drivers have certainly taken a back seat. That is likely to change with these results.  More and more states are legalizing marijuana, yet the number of fatal accidents caused by drivers who tested positive for marijuana is skyrocketing.

If you have been charged with drunk or drugged driving in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Can You get Criminal Charges Expunged in Virginia?

One of the most common questions we receive at Portner & Shure is whether someone can have their criminal charges expunged from their record. People are often very worried about criminal charges or serious traffic offenses appearing on a background check for work or school.

The laws in Virginia pertaining to expungement are largely the same as in most other states. You are entitled to have your charges expunged when any of the following occurs: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual's name used in error. If your charges fall into one of these categories, you are eligible to have your charges removed from the public databases and sealed. In other words, these charges would no longer appear on a background check.

If you fall into one of the categories above and are eligible for expungement, you ahve to fill out a form that can be found here (http://www.courts.state.va.us/forms/circuit/civil.html) and file it in court. There will be a filing fee. Once it is filed, a Judge will then review your case and grant or deny your expungement.

Unfortunately, if you are found guilty, you cannot have your conviction expunged.

If you have been charged with a crime or traffic offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Charged with DWI in Virginia and you are from Out-of-State?

People are charged with drunk driving offenses every single day. Sometimes, people are charged with a drunk driving offense in a different state than the one in which they hold a driver's license. There are criminal charges associated with drunk driving, but there are also administrative issues regarding your driver's license as well. People often forget about the administrative consequences they can face when charged with a drunk driving offense.

In Virginia, if you are charged with a DWI and you hold an out-of-state driver's license, the Virginia police officer cannot confiscate your license as he/she would if you held a Virginia license. Instead, your PRIVILEGE to drive in Virginia is suspended for a period of time. That means that if you are caught breaking any kind of traffic law, the police officer will see that your privilege to drive in Virginia is suspended and you may face additional traffic charges. It is best to avoid driving in Virginia for the designated suspension period in order to avoid any additional consequences.

It is also best to hire an experienced Virginia DWI attorney to represent you in your case so that you can be counseled on the possible consequences. Your attorney can inform you about criminal consequences and administrative consequences that result from a DWI.

If you've been charged with a DWI in Virginia, call the attorneys at Portner & Shure today for a free consultation: (703) 916-1227.