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/

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/