Litigation News April 2018

This month in litigation news, a client was arrested for driving under the influence of alcohol and was charged with a litany of other traffic related offenses. Once our experienced attorneys got involved, we were able to obtain records from the police including a video, which was intended to capture the entire police altercation. After reviewing that video, our attorneys were able to find several critical mistakes made by the police officer in his arrest of our client. First, the video showed the officer waiting over 1 mile to pull the client over for the initial traffic offense. Second, once our client was pulled over, the officer asked our client to do a field sobriety test, but conveniently did the test outside the shot of the video. Third, in the video, you could hear the officer’s laid back attitude, jokes, and other comments regarding our client’s performance during the field sobriety test that was in clear contradiction to what was on the officer’s final report. Because of the officer’s mistakes, our attorneys were able to convince the Assistant State’s Attorney to dismiss the DUI in exchange for payment of the fine for the initial traffic violation. Portner & Shure attorneys will go to great lengths to investigate your case and prove your innocence.

What to Expect in a typical 1st Offense Virginia DWI case?

·         Most importantly, you should retain an attorney to represent you in court because Virginia has some of the most strict penalties for traffic offenses, including DWIs.

·         Unlike other states, Virginia courts handle everything—the DWI charge, the driver’s license, and alcohol treatment through VASAP.

·         If your BAC is between 0.08 and 0.14, there is no mandatory jail time, although it is still possible.

·         If your BAC is between 0.15 and 0.20, there is a mandatory jail sentence of 5 days.

·         If your BAC over 0.20, there is a mandatory jail sentence of 10 days.

·         If you’ve been charged with DWI in Virginia, call Portner & Shure today to discuss your case, (703) 916-1227.