How to Handle a Traffic Stop

        Being pulled over is nerve wracking for everyone. It does not matter if you think you have done anything wrong or not, we all get skittish, However, it is the way you handle the traffic stop that could either leave you with a warning, or behind bars. There are probably some questions you are asking yourself during this time, and there are a few things you need to keep in mind. 

        There is not a specific time frame for a traffic stop. While you're sitting on the side of the road, every minute that passes equates to an hour. You just need to remember the officer can take as long as he deems necessary to finish the stop as long as it is not unreasonable. Also, you do not have to agree to let the officer search your vehicle if your ask; this is part of your 4th amendment rights to protect against unreasonable searches and seizures. Simply advise the officer that you are opposing the search, but be sure to remain cool, calm, and collected during this discussion. Your attitude is your biggest advocate for yourself. In regards to your person being searched, the officer is only allowed to search you if there is reasonable suspicion for them to search you.

        If you or a family member have received a ticket in the state of Virginia and would like to speak with an experienced attorney for a free consultation, contact our office at (703) 916-1227 to schedule an appointment at one of our Virginia locations or visit us online at  http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-Criminal.shtml

Virginia Courts to Implement New Plan to Pay Traffic Fines

        Every year thousands of licensed drivers are cited for various offenses they have committed while on the road. Consequently, these drivers are now responsible for paying their fine in a timely manner to avoid further punishments. For many, paying off a fine may seem like a fair trade in comparison to perhaps community service or serving time in a detention center. For others, paying a fine can be detrimental to their family’s finances. Traffic fines can range anywhere from a few dollars to a few thousand dollars. When a driver is not able to pay off their debts to the state, they can lose their license. People depend heavily on being able to drive themselves to work, school, or other important places, taking away their license limits their mobility and makes it difficult to maintain their jobs. The current rules are only punishing these people more than they need to be punished.

In efforts to avoid this tolling process, Virginia courts have attempted to create a payment plan for their offending drivers. On paper this may have seemed like a great plan, in reality some individuals are still not able to pay down their monthly dues, leading to more severe consequences. A driver may have a few hundred dollars owed to one court, and a few hundred to another court, and the worst part is that none of the courts are aware of the other fines that are due. Most judges are not aware, and not consider the snowballing effect they could be creating by making another payment plan for their offender. It has been suggested that courts call for more flexible collection demands, along with using community service to pay back their debts to the state instead of fines.

      If you are charged with a serious traffic offense in Virginia and would like a free legal consultation or if you would like more information on a serious traffic offense 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/

Blood Alcohol Test is Called into Question in Virginia DUI Case

In Virginia, there is a penalty for refusing a blood alcohol test in a drunk driving arrest.  This is not an abnormal law by any means.  In fact, most states impose a penalty on drivers in DUI cases that refuse a blood alcohol test.  In Virginia, a first time refusal results in a one year license suspension and is only a civil offense.  Subsequent violations are considered criminal offenses.

            

            Virginia’s implied consent law makes it unlawful for an impaired driver to “unreasonably refuse” to have blood or breath samples taken for chemical tests.  When an officer pulls someone over for suspicion of DUI, they are required to advise the arrestee that anyone operating a vehicle on Virginia highways is deemed to have consented to chemical testing.  A Fairfax County Circuit Court DUI case is challenging this issue under the Constitution.  Can a state “punish a driver for refusing a warrantless test to measure blood alcohol content?”

            

            In the past, Virginia Circuit Court judges have rejected challenges to Virginia’s implied consent law.  The specific question presented in this case has never been brought before the Virginia courts.  If the Court was to rule in favor of the Defendant on this question, it would require police officers to obtain a warrant for administering the alcohol test.

            

           The argument being made by the Defendant in this case is that the “government cannot punish a person or rescind a governmentally bestowed privilege as a consequence for refusing to waive a constitutional right against unreasonable warrantless searches.”  Without a warrant requirement for obtaining this type of evidence, police are effectively forcing people to consent to giving up evidence against themselves.

            

           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/