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/

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/