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/

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/

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/

7 Things to Expect After Being Pulled Over for DUI/DWI in Annandale, Virginia

An officer must have probable cause to pull you over.  Probable cause is usually demonstrated through erratic driving such as swerving, speeding or violating simple traffic laws.  Officers are also able to question drivers as to whether they had been drinking at the scene of an accident, regardless of whose fault the accident was.  Occasionally officers will set up formal check points in order to screen all drivers for signs of intoxication.

Once you are pulled over you should expect the following events:

                1.      You will questioned as to whether you had been drinking, how much you had to drink, and when you had your last drink.  The question regarding your last drink is very important in cases where there was an accident and the officer did not witness it.  Unless the police can show that your last drink was before your accident, it is difficult for them to accurately determine whether you were drunk at the time you were operating the car.

               2.                               If the officer wishes, he can have you perform “field sobriety” tests in order to determine if there is further probable cause to conclude that you are under the influence of alcohol.  The tests include the Horizontal Gaze eye test, the Walk and Turn, and the One Leg Stand test.  If you perform poorly on these tests, the officer may arrest you under suspicion of drunk driving.

              3.                               Upon arrest, you will be handcuffed and taken to a location to provide a sample of your breath for analysis.  If the reading is .08 or above, there will be a presumption of your guilt.  If you refuse to take the Breathalyzer test your driver’s license can be suspended for 1 year, even if you are subsequently found not guilty.  It is also important to know that even without the breath test, the prosecutor can still go forward and use the results of the field sobriety test against you. 

              4.                            If you are arrested for drinking and driving, the police will take your Virginia license for a one week administrative suspension.  Your license will be returned after that time, and you will keep it without restriction until a court makes a final decision on your case.  If you have a license from another state, the Virginia police cannot take your driver’s license away.

              5.                             After you are arrested, you will be held in county jail until a magistrate makes a decision on whether to issue a bond in order for you to be released.

              6.                            If you speak only a language other than English, such as Korean, Chinese or Spanish, the officer must obtain an interpreter to go over your rights and advise you about what is happening during the field sobriety tests, as well as the Breathalyzer test.

              7.                            If you are convicted of drinking and driving, the Virginia law mandates at least a one year loss of license, as well as an alcohol safety class, fines, and in some cases where the blood alcohol level is .15 and above, requires mandatory jail.

    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/