Saturday, May 22, 2010

DUI (.08) - Stafford County

DUI (18.2-266). Client, an Arlington resident, was stopped in Stafford County for: 1) Headlight out; 2) Illegal U-turn. Client admitted to drinking and agreed to perform field sobriety tests where she passed two of the three tests. She blew a .10 on the PBT and was arrested for DUI.

Disposition: After a trial, Client was found Not Guilty.

Saturday, May 8, 2010

DUI; Refusal - City of Alexandria

DUI (18.2-266) and Refusal (18.2-268.3). Facts of the case: Client fell asleep/passed out at the wheel while stopped at a red light in Old Town Alexandria. Law enforcement responded and removed Client from car. Client refused all fiend sobriety tests, PBT and the Intoxilyzer at the police station. The police report noted at that Client admitted to drinking and had a strong odor of alcohol coming from his person. Additionally, the police report noted that client was "unsteady" on his feet but walked "normally." The police report also indicated that his eyes were "normal" and that my client mumbled.

Disposition: DUI reduced to Reckless Driving Generally (46.2-852). The Refusal was nolle prossed by the Commonwealth's Attorney. Client's license was suspended for 6 months and he had to attend the ASAP program. Client received a fine of $300. No jail time. Client is a Maryland resident so the license suspension does not affect him.

Monday, May 3, 2010

Fairfax County J&DR District Court - DUI (.07)

DUI (18.2-266.1). Client, a juvenile, was charged with a "baby" DUI in Fairfax County. The term, "Baby," is used informally to reference 18.2-266.1, the under 21 DUI statute. That statute criminalizes the operation of a motor vehicle, by a person under the age of 21, with a BAC between .02 and .08.

Disposition: Reduced to Reckless Driving Generally (46.2-852). Client was required to attend an alcohol awareness class and had his license suspended for six months. However, he was allowed to drive an a restricted basis.

Wednesday, April 28, 2010

DUI; False Police Report - City of Alexandria

DUI (18.2-266) and False Police Report (18.2-461). Disposition: DUI was reduced to Reckless Driving (46.2-852). False police was nolle prossed by the Commonwealth's Attorney. Client required to pay courts costs (no fine) and attend ASAP. His license to drive is suspended for six months. However, a restricted license was granted by the court. No jail time.

Monday, April 19, 2010

DUI (.15) - Loudoun County

DUI (18.2-266) with an enhanced BAC of .15. After my Client left a bar/restaurant late one evening, he lost control of his automobile and wrecked. Once police arrived on the scene my client established: that he was the driver, that he had been drinking, the time the accident occurred and the fact that he did not consume any alcohol after the accident. Client did not perform well on the FST's and his PBT result was.138.

Disposition: Reduced to Reckless Driving (Generally (46.2-852)). Client must complete the ASAP class and his ability to drive was suspended for six months. However, a restricted license was authorized by the court. No jail time.

Friday, April 2, 2010

Reckless Driving by Speed - Fairfax County

Reckless Driving (46.2-862). Client was traveling 75/55 on Interstate 66. Client had a -8 driving record in Virginia; not a good record whatsoever.

Disposition: Reduced to simple speeding (46.2-870). While the Assistant Commonwealth's Attorney stated that my Client's driving record "sucked," he still agreed to reduce the charge from Reckless Driving which is a Class 1 misdemeanor in Virginia.

Thursday, April 1, 2010

Speeding (70/55) - Fairfax County

Speeding (46.2-870). Client was traveling 70/55 on Route 28. The problem in this case was that the Client worked as a cab driver and had a very bad driving record (-10). If my Client was found guilty of the charge, he would have lost an additional 3 points; thereby making his driving record -13 and putting him in jeopardy of losing his job and potentially his license.

Disposition: Reduced to Failure to Pay Full Time and Attention. The amended charge carries with it 0 points. Therefore, my Client's driving record was not adversely effected. My Client was required to pay a fine of $250.