What Can a Criminal Defense Attorney do for Someone Charged with a Crime?

The U.S. Constitution gives important protections to people who have been accused of crimes.  It is imperative to remember that these rights extend to all people, whether they are innocent or guilty.

Probably the most important right is that they can find an attorney to represent and protect their rights.   A criminal defense attorney has a number of tools that he or she can use in order to protect and advocate for their clients.

First, they have the ability to require that the prosecution provide discovery documentation so that they can determine what the evidence against their client is and what the government can and cannot prove.

Second, a criminal defense attorney can strategically prepare for a trial and determine what evidence and witnesses will best help their clients and minimize any risk of a bad result.

Finally, they have the ability to negotiate on the defendant’s behalf with the prosecution.  In many cases, even when the client may be guilty, a good defense attorney can exploit weaknesses in the prosecution’s evidence and case. This can force the prosecutor to agree to a much better result in court than if the defendant simply appears on his own.

If you’ve been charged with a criminal offense, call Portner & Shure today for a free consultation: (703) 916-1227.

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/

Virginia DUI Attorney: Uber and Lyft Drivers with Ignition Interlocks is a Problem

While Uber and Lyft continue to be immensely popular, various safety issues have surrounded the ride-sharing companies.  A new issue that has cropped up involves drivers with interlock devices in their car who are forced to blow into the machine during a pick-up.  Uber and Lyft have both come under fire for their background check policies in the past.  According to company policies for both companies, “people who have been convicted of an alcohol-related offense within the past seven years aren’t allowed to drive for Uber or Lyft.”

            

            The background checks that both companies conduct before hiring a new driver are supposed to catch criminal and traffic convictions.   For two companies that tout how important safety is to them, it is surprising that there are some drivers that manage to sneak through the cracks.  For a job that is solely based on driving, there should not be anyone with an alcohol-related offense on their record who is driving people around as a job.  This has become a problem in many states because once an initial background check is conducted, there are no follow ups.  So, if a driver who had no convictions when the background check was conducted, but a year later gets a DUI, there is no requirement that further checks be conducted each year.  This is how we get Uber and Lyft drivers on the road with interlock devices installed in their vehicles.

            

            Virginia is a notable exception because, unlike many other states, there is a requirement for drivers to notify the ride-sharing companies of any incident that could jeopardize their employment.  There is a penalty of civil or criminal charges or a yearlong ban for failure to inform.

If you are charged with an alcohol-related offense in Virginia and would like a free legal consultation or if you would like more information 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/

As Prom and Graduation Season Begins, Officials Warn Students About Drinking and Driving

           Prom season is upon us in Virginia for many high schoolers, and graduation season is just a few weeks away.  Every year around this time, there is usually a spike in DUI-related accidents and arrests.  The Virginia DMV even says that, “more teen drivers in Virginia will be involved in crashes between April and August than any other time of the year.”

            

           While officials and parents are constantly warning teens about the consequences of drinking and driving, one county in Virginia decided to show high school students the dangers firsthand.  Local law enforcement officials conducted a simulation of an accident that was caused by drinking and driving.  In this simulation, an innocent person was killed, another was paralyzed, and the drunk driver was arrested for DUI manslaughter and faces serious jail time.  Officials are hoping that by letting students see the horrific effects of drinking and driving, instead of just telling them about it, that this will save at least one life.

            

            The consequences of making that decision to drink and drive in Virginia are very serious.  In addition to significant fines and losing your driver’s license for a period of time, there is a risk of jail time, especially if you cause an accident or have been convicted of a DUI previously.  Further, you will have to live the rest of your life with a DUI showing up on your record.

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 Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Distracted Driving in Virginia: What Drivers do Before they Crash

            Car accidents are still the leading cause of deaths among 5-24 year olds and the second leading cause of deaths for everyone else.  A new study conducted by the Virginia Tech Transportation Institute researched 1,600 drivers over a 1-2 year period.  Numerous cameras, sensors, and radars were installed in the vehicles to track data from these drivers. 

 Over this span of time, there were 1,600 crash events, and 905 of them were severe accidents.  Some of the things observed in the serious crashes included fatigue, driver error, impairment, and distraction.  The risk of an accident doubled when drivers took their eyes off the road and used a cellphone, were reading, or using touchscreen devices in the car.  Throughout the entire study, statistics showed that nearly half the time drivers were involved in distracting activities.  The strongest correlation found by the study is when speeding occurs.  When a driver is travelling well above the speed limit and involved in a distracting activity, the risk of an accident is thirteen times higher than for an alert, law-abiding driver.  Drivers who were emotional were ten times more likely to be involved in a crash.

Interestingly, some activities that have been known to be considered distracting in the past, proved to not be as much of a factor in creating accidents.  For example, applying makeup and interacting with a baby in the car were the cause of very few accidents.

Even though the number of fatal accidents continues to decrease as car become safer, there are still far too many of these types of accidents.  So many of these accidents can be prevented because they are caused by distractions and driver impairment.  If all drivers could keep their cellphones out of their hands while driving and only driving when sober, the number of fatal accidents would likely drop significantly.

If you are charged with DUI, DWI, reckless driving, or another similar offense in Virginia and would like a free legal consultation or if you would like more information please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia Criminal Defense Attorney: What to Expect if I am Illegal and Have Been Charged with a Crime

Our Spanish department receives countless criminal/traffic consultation calls every day.  The one question we receive all the time is how will my immigration status be affected by these charges.  While we are not immigration law experts, there is certainly always a risk that your status could be in doubt, and in the worst case scenario, you could be deported.

            

            Whether it is a traffic offense such as driving without a license, driving on a suspended license, or driving under the influence of alcohol, or a criminal offense, your immigration status here is put at risk.  While our attorneys will help defend the charges against you, we always recommend that you contact an immigration attorney to find out exactly how your status will be affected.  There is an increased risk of serious immigration penalties if you are convicted for your crime, and that is why you must hire an experienced criminal defense attorney.

           

            Many people that are here illegally are usually too afraid to go to court and defend the charges against them.  That is not a good idea because the consequences only get worse because it becomes more likely that your immigration status will be affected.

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

Virginia DUI Attorney: What to Expect in a Virginia DUI Case

Getting arrested for DUI or DWI in Virginia is a very serious offense with possible consequences, which include jail time, significant fines, and a license suspension.  Unlike nearby states, Virginia DUI laws are some of the strictest, even for first time offenders.

            

           One of the most controversial DUI consequences is the requirement of an ignition interlock device.  Half the states require an interlock device for all DUI offenses, and the other half only requires the devices in extreme circumstances.  Virginia is one of the states that require an ignition interlock device for all DUI offenders.  However, because a first-time DUI results in an automatic suspension of your driver’s license, the only way the interlock device would be required to be installed is if you request to have a restricted license to be able to drive for work and other limited purposes, and that request is granted.  Ignition interlock devices in Virginia are required to be installed for a minimum of six months, but oftentimes a longer period is required.  If the interlock device registers a violation at any time during its period of use, the length of time required to have the device installed is extended another six months, and the violator risks having his probation violated.  Keep in mind that when your probation is violated, any suspended jail time is usually rescinded by the judge and you will have to serve the full amount of your sentence.

            

           Another consequence of getting a DUI is that you are required to attend, and pay for at your own expense, classes under the Virginia Alcohol Safety Action Program (VASAP).  Just like other states require alcohol treatment classes for anyone charged with DUI, Virginia has created their own program to handle this.

            

           In addition to interlock devices and VASAP classes, there are significant fines and jail time associated with DUI convictions.  In most first offense DUI cases, if your BAC is below 0.15, jail time is avoided.  However, if your BAC is between 0.15 and 0.20, there is a mandatory minimum that requires at least 5 days in jail.  If your BAC is above 0.20, you are required to serve at least 10 days in jail.  If you have committed more than one DUI offense in a 5 or 10 year period, the required minimum amount of jail time and the amount of fines increase significantly.  

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/

Virginia DUI Attorney: Ignition Interlocks Have Reduced Drunk Driving Deaths in Virginia by 40%

           A new report from Mothers Against Drunk Driving (MADD) reveals how many drunk drivers have been stopped by ignition interlock devices because they were trying to drive drunk.  Of course, these statistics are only compiled from the states that require interlock devices for all DUI offenders.  MADD’s goal for releasing such a report is to show the other non-interlock states that they need to adopt a law requiring ignition interlock devices for all DUI offenders.  This study logged more than 10,000 blocked ignition interlock attempts in Virginia.  To compare, states like New York and Washington had more than 84,000 and more than 100,000 failed attempts respectively.

           

           In Virginia, the study revealed that drunk driving deaths have fallen by 40% since implementing laws that require ignition interlock devices for all DUI offenders.  This ranked Virginia second out of 25 states that require interlocks for all DUI offenders.

            

          MADD strongly believes that, “no other option available today…can physically block an offender from operating his or her vehicle after consuming alcohol.”  Ignition interlock devices will prohibit anyone who has any alcohol in their system from driving.  The car cannot be started.  However, these “other options,” such as alcohol treatment, a license suspension, or an alcohol monitoring bracelet cannot prevent somebody from driving drunk.  According to MADD, the 25 states that do not require an interlock device for first time offenders must change their laws to allow safe travel on the roads without others being at risk of injury or death due to a drunk driver.

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 Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Superbowl Weekend Means Increased Drunk Driving Patrols

           This Sunday is the Superbowl and that means parties with lots of alcohol.  Beer and football go together like peanut butter and jelly, nearly everyone is going to be watching the big game with a beer in hand. 

            

            Superbowl Sunday has proven to be one of the highest drinking and driving days of the year.  For example, the National Highway Transportation Safety Administration reported that in 2012, 38% of all U.S. traffic fatalities involved alcohol-impaired drivers.  That is proof that far too many people choose to drink and drive on Superbowl night.  Whether you are going to a bar or a friend’s house to watch the big game, please be smart and do not drive home if you have had something to drink.  The most common excuse people will use to explain why they drove drunk is that they are a “good driver” when they are drunk or that they only had 2 beers.  You should never risk your life or another’s life by driving drunk.  Further, police will be out in full force on Sunday looking for drunk drivers across Virginia.

           

             If you are going out to watch the game, plan ahead for how you will get home, whether it is walking, catching a cab, taking an Uber or Lyft, or using public transportation.  Another option is to have a designated driver lined up for the night.  Another tip to remember is to make sure you wear your seatbelt because that can save your life if a drunk driver hits you.

           

            Just think about how many people are driving drunk on the roads.  Police cannot catch every drunk driver, but they do catch many of them.  So many others avoid arrest and they are the ones who injure or kill innocent people.

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/

Virginia DUI Lawyer: Statistics Show a Decrease in Alcohol-Related Crashes and Fatalities

          A new study conducted by the Virginia Department of Motor Vehicles looked at the effects of ride-sharing companies on drunk driving statistics.  Sure, everyone touts how companies like Uber and Lyft as safe options because they cut down on the number of alcohol-related accidents.  But, there has never been a study that actually investigated whether the increased presence of ride-sharing companies has actually saved lives.  This study looked at numbers from 2013, 2014, and 2015.  Overall, since Uber and Lyft have become so prominent in several cities, the number of alcohol-related crashes and fatalities has dropped significantly.  For example, in 2013 there were 8,047 crashes related to alcohol and 253 fatalities.  One year later, the number of crashes dropped 5% to 7,666, and fatalities decreased as well.  Preliminary numbers for 2015 show an even bigger drop: 7,334 total crashes and a 22% drop in fatalities down to 195.

           

         While it is difficult to say that Uber and Lyft are the only reasons explaining this drop in alcohol-related crashes, scientists can say that these ride-sharing companies are certainly playing a big role.  Other things such as campaigns against drunk driving and increased patrol by police for DUIs are sure to be having an effect on these numbers as well.  A majority of people today have Uber or Lyft on their phone, and it is very easy to use.  These numbers show that requesting an Uber or Lyft actually saves lives.  There is no reason why anyone should be driving a car under the influence of alcohol.  It will certainly be interesting to see if this trend continues, especially as these ride-sharing companies continue to expand into more areas.

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/

Virginia DUI Attorney: Campaigns Warning Against Drunk Driving in Full Force as New Years Holiday Approaches

          The New Years’ holiday is by far responsible for the most drunk driving related arrests and citations.  Anti-Drunk Driving campaigns are ramping up as 2016 approaches.  A majority of people ring in the new year with a champagne toast, a celebratory shot, or some other alcoholic beverage.  It is their next choice that gets them in trouble: driving home.  Due to so many people being out at bars and restaurants on New Years’ Eve, it is difficult to get a taxi, Uber, or Lyft without having to wait a long time.  However, that cannot be an excuse for electing to drive drunk.  Do not become a statistic, or worse, responsible for an innocent person’s death.

            Law enforcement officials throughout Virginia will be out in full force monitoring the roads for drunk drivers.  It just is not worth it to drive drunk.  The consequences include: being arrested, confiscation of your driver’s license and privilege to drive, mandatory installment of an ignition interlock device in your vehicle, fines, and/or jail time.  The consequences vary depending on whether it is your first, second, third, or more offense.

            If you do make the poor decision to drive under the influence and are stopped by Virginia police, our attorneys can help mitigate the consequences, especially if it is a first offense and you did not contribute to an accident.  Many people do not understand the severity of a DUI arrest or citation and choose not to seek legal representation and that is a mistake.  As the consequences listed above show, DUI is not some minor offense and should always be taken seriously.

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/

Vienna DUI Attorney: Increase in Traffic Deaths Caused by Drunk Drivers

           Nationwide, fatal car accidents are happening at an alarming rate with the culprits being distracted drivers and drunk drivers.  This trend is also true in Virginia.  Due to an increase this year in traffic deaths on Virginia roadways, Virginia State Police are increasing DUI patrols as the holidays approach.  Police want people to “Drive to Save Lives.”  For example, just in the week surrounding Thanksgiving, nine people died on Virginia highways.  What is even more alarming is that only one of those people was wearing a seatbelt.  Even though seatbelts do not guarantee a person survives an accident, they do however dramatically increase the likelihood of survival.

            

           This year in Virginia, 19 more people have lost their lives due to traffic crashes than last year.  Virginia Police are trying to do whatever it takes to protect drivers from fatal accidents.  While police will be focusing on drunk drivers and reckless drivers, they will also be on the lookout for drivers who are not using a seatbelt.  Driving to save lives can only happen if drivers use seatbelts, pay attention while driving, and choose not to drink and drive.  Police officers can only do so much to save lives.  It is up to drivers to actually take action in order for positive change to occur.

All of these fatalities on Virginia roadways are preventable.  Police hate seeing these types of accidents keep occurring, and now they have been forced to implement a zero tolerance crackdown on several behaviors.  Warnings will no longer be handed out by police, and instead, citations will be given to drivers who are caught violating one of these deadly-accident-causing offenses.

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/

Drunk Driving Study Reveals Time of Day is Key Factor in Number of Fatal Accidents

           Everybody is aware of the dangers and consequences of drinking and driving, yet the number of fatal accidents where alcohol is a factor remains high.  A new study conducted found that last year, there were 7,852 fatal accidents involving drinking and driving.  In other words, there were about 22 deadly DUI-related accidents every day.  Some of the worst states included Montana, North Dakota, South Dakota, and South Carolina.  Virginia is one of the best states in terms of having the least number of fatal DUI crashes per 100,000 residents.  Washington, D.C. has the lowest number of fatal DUI crashes per 100,000 residents out of all fifty states.

            

            The most interesting statistics that this study revealed involve the time of day when DUI-related fatal accidents occurred.  As expected, the time period of 2-3am, when most bars close for the night, had the highest number of fatal alcohol-related accidents.  The research also showed that there were spikes in fatal crashes around 7pm, when many happy hours end, and 3pm, which shows that lunchtime drinking is gaining popularity.

           

            It is still quite amazing, that as much information is out there for people to know and understand the catastrophic consequences of drinking and driving, that so many people choose to take that risk.  In addition, today there are so many options available to people to get to their destination without having to drive themselves.  Any amount of alcohol in your body can affect your judgment and reaction time.  When you factor in drinking several alcoholic beverages or shots in a short period of time without eating a substantial amount of food, your blood alcohol concentration (BAC) levels will increase dramatically.  For example, at 0.08 the legal limit in Virginia, there is impaired speech, vision, hearing, and reaction time.  The effects get progressively worse as your BAC levels increase.  Anything over 0.23 will likely result in a blackout, alcohol poisoning, and a chance of respiratory failure.  While drinking is an easy way to have fun, just remember to be safe about it, and NEVER choose to drive drunk.

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 (301) 854-9000 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/

Roanoke, Virginia Man Charged with DUI After Leading Police on Low-Speed Chase

          Virginia police were alerted of a reckless driver heading north on Route 221 during the afternoon of Labor Day Monday.  The car crashed in someone’s front yard, but continued on driving.  Police tried numerous times to pull the driver over, but were unsuccessful.  Thus, a low-speedpursuit began down Route 221 to apprehend the driver, who is now facing a DUI charge, felony eluding, having an open container of alcohol, failure to obey a traffic signal, and failure to wear a seatbelt.  Police had to use spike strips in order to bring the vehicle to a stop.  With the tires punctured, the driver then lost control of the car and hit a parked vehicle.

            

          Labor Day Weekend likely resulted in numerous DUI arrests across Virginia.  The weather for the weekend was perfect, and Labor Day Weekend is a popular time for people to have cookouts and outdoor parties where alcoholic beverages are served.  The circumstances surrounding this DUI arrest are unknown, but it is certainly possible that the driver was leaving a cookout in the afternoon after drinking and thought that he was ok to drive.  Whatever the circumstances were, he made a very dangerous decision to drink and drive, putting his life and the life of others at risk.

It is important that you consult an experienced Virginia DUI attorney immediately if you have been arrested for a DUI/DWI because it is a criminal offense that carries 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 Manassas or one of our many other offices located throughout Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Increase in DUI Arrests in Virginia in July

             So far in July, the number of DUI arrests in Virginia has been much higher than in years past.  For example, over July 4^th weekend there were close to 100 drivers arrested for DUI, which was a significant increase from the 77 arrests over the same period last year.  It is alarming to see the number of arrests for drunk driving increasing so dramatically.  This increase either means that more and more people are choosing to drive drunk or that police are increasing their DUI patrols to try and catch more offenders.  Either way, it is worrisome to see that close to 100 drivers were driving drunk just over July 4^th weekend.

           

             This past Saturday, a Virginia State Trooper had pulled over a driver on I-395 southbound between Alexandria and Annandale for suspicion of DUI.  The trooper was conducting a DUI investigation when another trooper arrived to assist.  Both troopers’ vehicles were positioned behind the drunk driver’s vehicle with emergency lights activated.  Another drunk driver drove right into the back of the trooper’s car and one of the troopers sustained a head injury in the crash.  The driver of this second vehicle was from Alexandria and he was not injured.  The troopers arrested this driver for DUI and police finished the DUI investigation and arrest for the first driver.  No other individuals were injured in this crash.

     

       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/