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May 2015
As a disclaimer, it is important to note that no two DUI cases are alike and the specific situation is determinative as to the proper defense in each individual case. Please bear this in mind as you read this. This is the second posting in a planned series that will examine potential general defenses in...
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In a recent Virginia Supreme Court decision, the justices tackled what seems like a lightweight matter: the definition of the word “operate.” This seems pretty simple on its face but, in fact, is an incredibly weighty matter if you have been charged with a DUI in Virginia. Sarafin v. Commonwealth In the case of Sarafin...
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It is an unfortunate fact that many teenagers drink and drive in the Commonwealth of Virginia. Even though drivers under the age of 21 account for only about 10% of drivers, they account for 14% of alcohol related traffic fatalities. Virginia lawmakers have recognized the seriousness of this problem and have passed laws that create...
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A reckless driving charge in Virginia is a very serious matter. Virginia is infamous for being tough on reckless drivers. In fact, Virginia is so hard on reckless drivers that it is a Class One misdemeanor. It is punishable with up to 12 months in jail and a fine of up to $2500. To give...
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The answer is both yes and no. This is because reckless driving is based on how you are driving at a given time while DUI involves your condition while you are driving. Both charges are incredibly serious in Virginia and deserve discussion. Below, you will find examples of situations where both can be charged and...
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On May 11, 2015, a Bluefield, Virginia school bus driver who was arrested for DUI back in January 2015 was indicted for 22 counts of child endangerment and one count of operating a commercial vehicle while intoxicated. According to police, Stephanie Ann Lowe was arrested in January after finishing her school bus route and was...
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All DUI cases are different and can involve radically different facts and situations. You must consult an experienced DUI defense attorney to determine if any of the defenses that are discussed below could apply to your situation. This is the first in a planned series of posts that will examine some of the various defenses...
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What is SCRAM? SCRAM is an acronym that stands for Secure Continuous Remote Alcohol Monitor. It is a device that is usually worn around your ankle and it monitors your sweat for traces of alcohol.  It is a technology that has been available to jurisdictions for use in Virginia since 2006. In a report from...
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Nobody likes to have his or her photo taken. Inevitably, your hair is sticking up, you’ve accidentally blinked, or you’ve been caught open-mouthed, mid-word. But if you’re driving with a CDL (commercial driver’s’ license) and a camera flashes while you’re just missing the yellow light or driving a little too fast, having your photo taken...
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What Is a Dog-Sniff Case? It seems like a strange name but a dog-sniff case is exactly what it sounds like:  a drug case (almost always) where a trained dog is used to sniff the outside of a vehicle to establish the presence of illegal drugs.  All manner of police agencies use canines these days...
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