Speed Limit in Virginia: Is it Really Enforced by Aircraft?

We’ve all seen those signs in Virginia stating that the speed limit is enforced by aircraft and we’ve all wondered if that is actually true. It turns out that Virginia state police have actually lacked the funding for using speed-detecting aircraft for the last 7 years. So if you’re one of the many people who have looked up at the sky while driving on Virginia’s highways and never saw an aircraft, that’s because there is nothing up there monitoring your speed. Instead, you should be paying attention to the roadways and looking out for state police vehicles detecting speed the old-fashioned way with radar guns. Virginia employs strict penalties for speeders and reckless drivers in Virginia. Remember that if you are 20mph over the posted speed limit, or you are over 80mph, that is considered reckless driving in Virginia. If you are pulled over for speeding or reckless driving in Virginia, call Portner & Shure and let us fight that ticket.

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.

Why it's Important to Hire a Criminal Defense Attorney for your Virginia DWI Case

In Virginia, traffic offenses, including DWIs, are taken very seriously. Virginia is known to have some of the strictest penalties for traffic offenses, especially for DWIs. The most important thing to know is that for a BAC of 0.15 or greater, there is mandatory jail time. A Virginia Judge must sentence someone convicted of a DWI to at least 5 days in jail if the BAC is 0.15-0.20 and 10 days if the BAC is greater than 0.20. It is important to hire an experienced DWI attorney in Virginia to make sure you get the minimum number of days in jail. If you do not take this seriously, you risk being sentenced to the full 30 days in jail for BAC of 0.15-0.20, or 40 days for a BAC over 0.20.

Other penalties for DWIs in Virginia include, a mandatory license suspension for one year or have an ignition interlock device installed in your vehicle for one year. In addition, you will be required to complete alcohol education classes through VASAP.

Another important thing to remember in Virginia is that if you refuse the breath test or blood test so that the police can obtain a reading of your BAC, that is a misdemeanor offense in itself and you can face a license suspension of 3 years.

If you have been charged with a DWI in Virginia, call us today for a free consultation (703) 916-1227.

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

What a SCRAM

            When an individual has multiple DUI convictions on their record, a judge favors additional stipulations during their probation period. These disciplinary methods may include curfews, in-home visits from a probation officer, ignition interlock devices, possibly even a SCRAM bracelet.

Now what exactly is a SCRAM bracelet? SCRAM stands for Secure Continuous Remote Alcohol Monitoring. It is a device that is fastened around one’s ankle. It is able to detect alcohol consumption by measuring perspiration levels.

           For the most part, the devices are fairly reliable. They can indicate even the smallest amount of alcohol. SCRAM bracelets work essentially the same as a house arrest bracelet works with perimeters. When alcohol has been detected in your system, it alerts your probation officer. Although the bracelet has been known to be pretty accurate, there have also been several cases of false positives. Do not get stuck with a harsher punishment because your bracelet generated a false positive.

           If you or a family member have been charged with a DUI in the state of Virginia and would like a free consultation, or if you would like more information about DUI’s, please do not hesitate to contact our office at (703) 916-1227 and schedule an appoint at one of our several locations, or visit our webpage at http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-DUI-DWI.shtml

Reckless Driving: What Is It and What Are My Defenses

                Traffic citations may be given to a driver for a number of reasons, perhaps a broken light, expired registration, failure to obey traffic signals, and of course speeding. These citations can become more serious if the officer deems your actions as being reckless. Individuals commit the offense of driving recklessly every day unknowingly. Article 7 of Virginia Code defines reckless driving as “irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person”. Some examples of reckless driving are:

• ·         exceeding 80 MPH
• ·         driving 20 MPH over the posted speed limit
• ·         racing your vehicle
• ·         passing an emergency vehicle in route
• ·         failing to slow your vehicle when approaching a hillcrest where the other side is not visible
• ·         passing a stopped school bus
• ·         driving with faulty brakes/equipment
• ·         driving at a speed that is considered unsafe for current weather conditions
• ·         weaving an older vehicle between lanes at a fast speed
• ·         driving on a road that is not open to the public
• ·         driving in the wrong lane
• ·         operating a motor vehicle while suffering from lack of sleep/falling asleep while driving
• ·         passing another vehicle at a railroad crossing

Essentially, driving recklessly is any offense that poses a threat to the life of another driver. When one is charged with the violation of reckless driving, there are two methods of defense your attorney is able to use in court. One, they will attack the evidence attached to your case, and two try to bargain with the judge to why you do not deserve a conviction as harsh as reckless driving. Regarding the evidence, if the police officer that cited you did not calibrate their speed measuring device, or did not have proof of calibration in the proper format, most likely your case will be a success.  In these situations it is always best if you have a clean record, and completing a DMV driver improvement and/or an aggressive driving avoidance class will help in your favor. If you are the parent of a child who has been charged with driving recklessly, it is best to appear in court with your child and to inform the judge that punitive measures have been taken at home. Even if you are found guilty of the charge, generally the judge will lessen your conviction if you have taken these preliminary steps.

 If you or a family member have been charged with a reckless 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/

What are My Rights While Being Arrested in Virginia?

Criminal proceedings are usually initiated by an arrest. Officers can arrest you if they have probable cause, without a warrant. Probable cause is good reason.

However, except in dire/emergency circumstances the police will NEED a warrant to arrest you in your home.
In order to enjoy your rights, YOU have to be responsible for exercising them.
Although, police officers cannot "legally" force you to do most things-, frequently they will ask anyway.
If you are ever unsure about whether you are required to obey a police officer, you are allowed (and should) respectfully ask them whether they are ordering you to do something. If they are not ordering you; you are allowed to refuse. However, when you are given a direct order- follow this order with respect and as silently and quickly as possible.

In general, the arrest and booking process is often tedious and time consuming. Once you are arrested you have the right to the following:
1. Remain silent.
The Fifth Amendment of the United States Constitution guarantees that "no person... shall be compelled in any criminal case to be a witness against himself." Do not forget- police officers are knowledgeable in asking the "right" types of questions. They are not just trying to chat, these questions are designed with a specific intent. Also- even if you are speaking about something outside the scope of your arrest, this information can still be brought into trial. Anything said during the interrogation can be incriminating!

2. Be informed that what you say can (and likely will) be used against you in court
In Miranda V. Arizona the United State Supreme Court extended the privileges of the Fifth Amendment to individuals subjected to custodial interrogation by police. These are called your Miranda rights and you must be told them BEFORE you are interrogated. Custodial interrogation means questioning initiated by law enforcement officers AFTER a person has been taken into custody. In this situation an individual is deprived of his or her freedom of action.
The state is required to have procedural safeguards in place and to explain an accused person of their right of silence.

3. Consult an attorney and have an attorney with you during interrogations
When arrested, most individuals do not get the opportunity to call a lawyer for over two hours after the arrest. Knowing your right to call a lawyer, as soon as you are arrested, will likely shorten the time you are asked to wait. Police officers are not allowed to say things such as "you don't need a lawyer," and this is NOT a correct interpretation of the law and "should not be spoken by any enforcement officer to a person in custody under any circumstances."
If you begin talking, without a lawyer nor openly requesting one, this information is readily admissible in court.

4. Make a phone call or calls within a certain time after arrest 
ONCE you are arrested the state can only hold you in custody for a reasonable amount of time before formally charging you of a crime. In most states, like Maryland and Virginia, this time is 72 hours.

You must KNOW your rights in order to enforce them. Be careful. Know the law.

If you feel that any of these steps were violated during your arrest in Virginia- you need an experienced criminal defense attorney.  Contact Portner & Shure P.A. (703) 916-1227 today for a Free Initial Consultation.