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Faraji A. Rosenthall has been educating the public and clients alike through online articles about common legal topics and through the distribution of free educational downloads.

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Reckless Driving: What Counts?

May 28, 2014

What is Reckless Driving? Often categorized as driving while displaying a blatant disregard for existing traffic laws, reckless driving in the United States is a serious traffic violation. Individual states may vary on what constitutes reckless driving, and the categorizations in some states make reckless driving more serious than in others. For instance, the state of Georgia describes reckless driving as driving a vehicle in a manner that shows a “reckless disregard for persons or property.” However, laws regarding reckless driving are more serious in Virginia. Virginia Reckless Driving Qualifications Virginia law defines reckless driving as any driving “at a speed or in a manner so as to endanger the life, limb, or property of any person.” This definition means you can be charged with reckless driving even if you are going at or below the posted speed limit. A number of things can constitute reckless driving, including, but not limited to, the following: Driving that is too fast for existing conditions. Passing a school bus that is stopped while driving. Driving with a view that is obstructed. Passing another vehicle at a railroad crossing. Driving faster than 80 mph or more than 20 mph over the listed speed limit. Racing while driving. Failing to properly signal. Virginia Reckless Driving Penalties Depending on the circumstances, reckless driving in Virginia can be classified as a felony or misdemeanor, but is usually classified as a Class I Misdemeanor. Depending on the reckless driving classification, it can also stay on your record for a period of time that is either five or eleven years in length, and it is considered a six... read more

Lowering the BAC?

May 21, 2014

New Law to Lower the BAC Level for Drivers Is Being Considered Recently, the National Transportation Safety Board issued a recommendation to lower the BAC (Blood Alcohol Content) for legal driving from 0.08 to 0.05. This would mean a 160 pound man would only be able to have two drinks in a 90 minute period to stay legally sober, and a 120 pound woman could only consume one drink. The National Transportation Safety Board has found that thousands of people are either injured or killed by drivers who are not legally drunk, but still impaired, spurring this recommendation. Roughly 10,000 people die each year in the United States as a result of alcohol-related crashes. In 2010, it was estimated that over 7,000 deaths could have been prevented if the BAC was below 0.05. The studies found that an individual with 0.05 BAC was 38% more likely to get into a crash as compared to someone with a level of zero, but a person with 0.08 was 169% more likely to be involved in a crash. This would increase the need for a DUI lawyer for many Virginians, and DUI rates would likely go up around the country. However, there is considerable push back against the law, and since it was extremely difficult to get the states to agree to the 0.08 limit in the first place, it’s unlikely a person will need a DUI attorney on speed-dial any time soon. There is already considerable resistance from the alcohol and entertainment industries, as a new law could end up hurting revenues. No matter what the BAC is, getting a DUI... read more

Washington D.C. Votes to Decriminalize Marijuana

Mar 22, 2014

On Tuesday, March 4, the D.C. Council voted almost unanimously to significantly ease penalties for marijuana possession. Such decriminalization made the nation’s marijuana laws among the most lenient in the nation. This approved legislation lessens the penalty of possession of an ounce or less of marijuana from a criminal offense with a penalty of six months in jail or a $1,000 fine to a civil offense that carries a $25 fine. The bill also changes the penalties for public consumption of marijuana. Originally the penalty for this offense was a $1,00 fine or six months in jail, but now the legislation lowers the penalty to a $500 fine or 60 days in jail. A councilman suggested that the bill was motivated by the common use of marijuana laws to arrest African-Americans. While progressive, the bill still has ambiguity; for example, police officers cannot arrest after smelling marijuana, but they can arrest if they see marijuana smoke. The legislation now goes to the desk of the D.C.... read more

7-11 CLERK FIRED FOR CONFRONTING SHOPLIFTERS

Mar 21, 2014

An employee of a 7-11 store in Colorado Springs, Colorado is looking for a new job after his employer fired him.  According to the former employee he was in the middle of  a shift when he noticed two men he believed were stealing from the store.  After observing the illegal behavior the worker confronted the men.  When they fled the store, the clerk followed them out of the store as he was waiting for police.  He was able to catch up with the thieves at which point they attacked him.  The assault was enough to require him to get stitches. As a result of his efforts, his company put him on suspension while it investigated the incident.  Apparently, workers are not supposed to leave the store or confront shoplifters under those circumstances.  After an investigation the clerk was fired for creating an unsafe circumstance by leaving the store and for violating store... read more

Bill SB142 Placed On Hold Until 2015

Mar 20, 2014

Juveniles who are set to serve life sentences with life parole (for non-homicidal  crimes only) may not be able to take advantage of SB142 until 2015. The bill allows juveniles in this situation to appeal for a shorter sentence. This appeal will only take in effect after an individual has either served 20 years or turned 35 years old. The decision to move the vote for SB142 came from the House Criminal Law Subcommittee. This turn of events did not come as a surprise to many, as the bill is relevant to serious crime ranging from assault to rape. The choice to put the bill on the back burner was expected. Sen. Dave Marsden of D-Fairfax, the bill’s patron, mentioned that talks regarding SB142 are complex. On the contrary, SB142 would help individuals such as Travion Blount. The man took part in an armed robbery when he was 15. During the crime, no one was physically hurt. The other participants were given a 10 and 13 years sentence. Blount received six life terms plus 118 years. Because of this, Blount’s appeal to the federal court regarding this matter is currently... read more

Amanda Bynes DWI Charge Reduced to Wet Reckless Driving

Mar 18, 2014

In late February, Amanda Bynes plead no contest to a charge of alcohol-related reckless driving and the more serious DUI charge was dropped. A “wet reckless” charge is the lowest charge prosecutors can seek in a DUI case. In exchange for her plea, Bynes must serve three years of probation, attend an alcohol education course, and pay a fine. Bynes was charged with a DUI in June 2012 after she allegedly sideswiped a police cruiser in her attempts to pass it in West Hollywood at 3 a.m. Her DUI case was delayed while a doctor reported to the court about Bynes’ mental condition and a judge ultimately found her competent to stand... read more

Virginia Assault Basics

Mar 14, 2014

Are you facing assault charges in Virginia? Here are some things you should know. What Is Assault? Assault is the intention to engage in harmful or offensive contact with another person. Generally, words alone aren’t enough to support an assault charge. There needs to be a threatening physical action present as well. You can be charged with assault without touching the other person, though. Making physical contact that harms the other person is actually battery. What Are the Penalties? In Virginia, simple assault is a Class 1 misdemeanor. That means it carries up to a year in jail and $2,500 in fines. Assault is also considered a violent crime. A conviction stays on your permanent record for life. Many kinds of assault have even heavier penalties. For example, hate crimes carry a 30-day minimum jail term. They may also be considered a felony. Another case is assaulting someone you know is an emergency or public safety official while they are doing their job. That’s a Class 6 felony. It comes with a mandatory minimum jail sentence of six months. Can an Assault Charge Be Defended? There are several common defenses for an assault charge. One is self-defense. You have the right to protect and defend yourself if someone else acts aggressively. Another option is the intent behind your actions. Assault can’t be an accident. You have to do it on purpose. Which approach will work best depends on the specifics of the case. Do I Need to Hire a Lawyer? Assault cases are usually very complex. Police officers typically bring criminal charges. However, assault charges can be different in... read more

What Should You Do at a DWI Checkpoint?

Mar 12, 2014

In Virginia, it’s legal for law enforcement to set up DWI checkpoints as long as officers follow a particular set of rules. They’re hoping drunk drivers will come to them instead of the other way around. How should you handle a DWI checkpoint? Here are some of our best tips for what to do if you find yourself approaching one. Don’t Avoid the Checkpoint It’s tempting to veer off onto a side street when you see a checkpoint ahead, even if you’re sober and just want to avoid the hassle. Unfortunately, the cops know all about that temptation. They’ll often stake out side streets and pull you over if you try to go around the official checkpoint. It’s safer to keep going. Since officers are only allowed to check every four or five cars, there’s a fair chance you won’t be stopped anyway. Act Normal It might be common sense, but it’s also true. The less suspicious you act, the less reason a police officer will have to suspect you. Don’t stop suddenly or turn around. Don’t act like you have something to hide. Stay calm and keep going. Cooperate If you are randomly stopped, cooperate with the officer conducting your check. Provide your driver’s license, registration, and proof of insurance. If you’re sober, you have nothing to worry about. If you’re not, strange behavior will only tip the officer off to your condition. What if the officer asks you to step out of your car? If it’s phrased as an order, it’s a good idea to do as you’re told. If it’s phrased as a request, you can... read more

What Can a DWI Cost You?

Mar 10, 2014

You’ve heard the warnings: “Don’t drink and drive.” Have you ever really thought about what could happen if you ignore them? Is a little legal trouble the worst thing you could face? 10 Years In a Coma From DWI Accident Tom Mabe took the saying “friends don’t let friends drive drunk” to an entirely new level to teach his friend Dennis a powerful lesson. Dennis had been convicted of five previous DUIs. Mabe needed a way to reach his friend and hopefully get him to change his ways. When Dennis was passed out in his truck after a night out drinking, Mabe set up a spare room to look like a hospital, complete with monitors, a hospital bed, and a TV on the wall in the usual spot. He transported Dennis to the room, tucked him into bed, and then waited for him to wake up. Mabe thought of everything. He hired someone to play the nurse who was there when Dennis woke up. He even recorded some highly entertaining news clips for Dennis to watch while he waited for the doctor. That’s not all, though. Mabe decided the story they’d tell Dennis was that he’d been driving drunk ten years ago, had been in an accident, and had spent the intervening decade in a coma. The prank was elaborate enough that Dennis was clearly confused and upset. He kept asking about his daughter and when he could see her. Mabe eventually entered the room dressed as a doctor. He revealed his identity to his friend by slapping him hard in the face. Dennis was clearly relieved and even... read more

Utah Legislators Considering Combating DWIs by Putting Breathalyzers in Bars

Feb 26, 2014

A state senator in Utah is studying the potential effects of putting Breathalyzers in bars.  The legislator believes that putting the machines in bars would help with patrons, particularly younger ones in figuring out how much they actually have had to drink.  For many people, by the time you have had a few too many your impairment makes it difficult to have an honest assessment of your level of intoxication.  Having a Breathalyzer would allow someone to have an objective measure of their ability to drive. The proposed bill would not require them to be placed in bars, but would prevent the bar from being liable.  Many bars would worry that a customer would sue if they were later arrested for DWI after having received a reading from the bar that indicated that they were not intoxicated.  The bill would also prevent law enforcement from having access to any readings taken by any suspected drunk drivers. Recent data shows that in 2010, nearly a third of all drunk driving deaths in the United States were the result of drunk driving.  Each machine would cost the bar somewhere in the neighborhood of about a thousand dollars and the bar would be able to charge whatever fee they saw fit to use the... read more

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