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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 Driver Posts Video on Police Facebook Page

Feb 25, 2014

Police are searching for unknown reckless driving suspect who posted to police Facebook page. A unknown male posted a disturbing video to the facebook page of the San Antonio Police Department.  The driver who is yet to be apprehended posted a video of him driving a motorcycle reckless throughout the Texas town.  The driver was wearing a video camera on his helmet.  The video depicts him weaving throughout city streets.  According to one police source the video shows the driver going at what appears to be speeds of over 100 miles per hour.  The posting was captioned with a taunt to city police daring them to catch the suspect. Police are concerned that this sort of behavior could lead to copycat crimes.  They are also very concerned that the driver could injure himself or someone else if he is not caught... read more

Montana Judge Finds a Portion of The State’s DWI Law Unconstitutional

Feb 24, 2014

A state judge in northwestern Montana ruled earlier this month that the portion of the states law requiring pretrial alcohol testing was Unconstitutional.  Under Montana’s 24/7 program, individuals who have been arrested on suspicion of a second or subsequent DWI can be ordered by a judge to submit to breath tests twice a day and/or wear an alcohol monitoring bracelet after they are arrested, but before trial.  It is up to the sheriff’s departments of the individual jurisdictions whether they will elect to participate in the program. The judge addressed the law in the case of a man who was arrested on suspicion of drunk driving in April 2013.  He had previously been convicted in 2006 of DUI.  The program requires the suspect to pay for the costs associated with the testing.  In this case, he was in the program from 113 days.  That amounted to $450 dollars in fees.  He was reported to have failed three breath tests.  On each failed test he was charged with contempt of court.  He then appealed the contempt findings. The judge dismissed those contempt charges based on his view that the law was Unconstitutionally vague, they went on for an unspecified period of time, and there was no mechanism to reimburse individuals who were later found not guilty of their alleged crimes. The ruling is limited to the contempt charges and to that specific jurisdiction.  The Attorney General stated they plan to... read more

Marijuana Businesses Are Facing Banking Issues, the President is Trying to Help

Feb 23, 2014

With a large number of states changing their laws regarding recreational and medical marijuana, sellers were faced with a  unique problem.  While they may have been selling legally under state law, the sale was still illegal under Federal law.  And while President Obama’s administration had directed Federal law enforcement to not enforce the laws, that didn’t make the sale legal.  Since the money was gained in violation of federal law, banks were nervous to accept the proceeds.  Laws prevent the banking industry from accepting money it knows comes from illegal sources.  Typically designed at preventing money laundering of illegal proceeds, the legal marijuana and banks found themselves in a difficult position.   Last week the administration took a major step by laying out a framework whereby banks could accept this money and not fear criminal charges for harboring illicitly obtained funds.  While the President’s administration has laid out a roadmap some business leaders are still nervous about potential liability for accepting drug money, even if it is from legal operations inside the state.  The guidance calls for banks to review the business operations of the marijuana distilleries they are doing business with and ensure that all business practices are legitimate.  They map also included a number of issues that banks should look out for and monitor to ensure that their clients are not violating either Federal or state law.   In response to the banking issues some marijuana shops have begun operating on an all cash basis, which makes operating a business very... read more

Bizarre Statement Leads to Drug Arrest of Virginia Resident in Texas

Feb 21, 2014

A resident of Clifton, Virginia was arrested in Jefferson County Texas after police found nearly $250,000 worth of heroin in his car.  Police had initially just stopped the car for a minor traffic violation.  During routine conversation with the police officer, the suspect said that he was only in Texas for a brief time and that he had visited an elderly friend in the hospital.  The suspect said he was heading back to Virginia after the visit.  When asked what hospital his friend was in, the man said “Texas Childrens.” Police obviously thought that was an answer only a truly scared person would make.  They then asked for permission to search his car, which the driver granted.  Upon searching, the police found three kilos worth... read more

Domestic Violence Bill Stays in Committee

Feb 20, 2014

A proposed bill to increase the punishment imposed upon a conviction for domestic violence and stalking in Virginia has been stopped in its tracks.  Senate Bill 510 was sponsored by a Democratic senator from Arlington.  The sponsor viewed the bill as a protection against future violence by individuals who had been convicted of a misdemeanor charge. Under the proposed legislation, anyone convicted of a domestic violence or stalking charge in Virginia would be prohibited from possessing a firearm for 5 years.  At the conclusion of that 5 year period their rights would be restored automatically.  As it stands now, convicted Felons already lose their rights to possess a firearm.  There has been a push in the last few years to expand the prohibition to some misdemeanor charges.  Under the proposed legislation, a person possessing a firearm within that 5 year period would be subject to a class 1 misdemeanor, a 12 month jail sentence and/or a fine of up to $2500. The bill died in committed, however members agreed to ask the Virginia State Crime Commission to study the issue and the bill’s... read more

News Anchor Found Not Guilty of DWI and Reckless Driving Charges

Feb 20, 2014

In November 2012, news anchor Amanda Davis of the station WAGA, Fox 5 in Atlanta was charged with DWI and reckless Driving.  She was arrested after her vehicle crashed into another vehicle in the opposite lanes of travel.  Ms. Davis had been with the station for 26 years, but was suspended and later retired from broadcasting after her arrest.  At trial the judge dismissed both the DWI charge and the Reckless Driving charge.  She was however, found guilty of a failure to maintain lane charge.  That charge is a simple traffic infraction and only carries a fine of... read more

Fairfax County Police Lead State in Texting While Driving Convictions

Feb 19, 2014

For many years, police throughout Virginia had ticketed drivers for reckless driving if they observed them texting while driving.  However, in 2013 the Virginia legislature enacted a new driving while texting law.  Under the law, texting while driving was a separate traffic infraction, punishable by a $125 fine for the first offense.  It was also changed to be a primary offense, meaning officers could stop a vehicle solely on suspicion of texting while driving. The Virginia pilot newspaper talked to the Virginia DMV and was able to learn that in the six months since the statute was enacted a total of 725 individuals had been convicted under the new law.  That number reflects convictions not total tickets.  (under the law, guilt may be difficult to prove.  The police have the burden of showing that you were actually texting.  Using a GPS or starting a phone call are not illegal. Many cases may have been found not guilty or had the charges reduced.) Of the 725 tickets across the Commonwealth, 168 were in Fairfax County.  According to a spokesman from the Fairafx County Police who spoke to the newspaper, Fairfax Police were responsible for 83 of those convictions.  The remaining convictions were likely tickets written by other law enforcement officials throughout the County.  These would include Airport Authority police, George Mason police, as well as the police in towns like Herndon, Vienna and Fairfax City.  The spokesman did mention that the law doesn’t make it illegal to hold a cell phone and that it is often difficult for officer’s to determine whether someone is using the phone to text or... read more

Virginia Senate Passes Bill Making Celebratory Gunfire Illegal

Feb 19, 2014

SB 65, was approved by the Virginia State Senate by a vote of 29-6.  The bill makes celebratory gunfire that results in death a felony punishable by a prison sentence of up to ten years.  The bill was created in response to the tragic death of 7 year old Brendon Mackey last fourth of July.  Police believe the child was killed when someone fired shots into the air to celebrate the Fourth of July. The bill would allow for individuals who fire into the air and only injure, but don’t kill, the victim to be punished by 5 years in prison. The senate also approved bills that would limit the rights of individuals convicted of domestic violence, stalking, sexual battery and/or domestic violence to lose their rights to possess a firearm for 5 years. The bills will now receive additional scrutiny and debate in the full... read more

Marijuana Investigation Suspects Columbian Cartel Members Involved in Legal Marijuana Trade in Colorado

Feb 18, 2014

In November of last year, Federal drug agents raided multiple drug dispensaries and legal grow operations.  This came even after the state legalized the use of marijuana for recreational purposes.  Agents suspected that cartels were using the front of legitimate businesses to make money illegally. The agents told the local news that the raids were part of an investigation into alleged Columbian cartel members operating in Colorado.  A major issue is that while Marijuana is legal in Colorado, it is still illegal in the vast majority of other states.  This presents Cartels with an excellent opportunity to operate inside the United States with protection from police and then send their crops to states where the drug remains illegal.  Any cartel activity in Colorado can be a problem for law enforcement in other... read more

Four DWI Questions You Might Not Have Thought to Ask

Feb 17, 2014

DWI cases are one of our specialities here at the Law Office of Faraji Rosenthall. Naturally we get a lot of questions about them. Here are some questions we often hear that you might not have thought to ask.   Will I Lose My Driver’s License for a First-Offense DWI? A first-offense DWI comes with a mandatory license suspension. Just being arrested for one means your license will be suspended for seven days. If you end up being convicted, the suspension term jumps to one year.   That being said, first-time offenders can request a “restricted license.” It allows you to drive to and from work, school, medical facilities, required programs, or other limited destinations. Where you’re allowed to go will depend on your situation. In exchange, you’ll have to meet several conditions as determined by the court.   What Is VASAP? Will I Have to Attend? VASAP (or ASAP) stands for the Virginia Alcohol Safety Action Program. It offers courses that many DWI offenders have to complete. It’s required for all first- and second-time DWI offenders. You can’t get your suspended driver’s license reinstated until you complete it. You may also be required to do the program if you are seeking a jail time suspension. The biggest obstacle to completing the program is its cost. The fee is a few hundred dollars.   How Will My DWI Affect My Commercial Driver’s License? Commercial drivers are often transporting people, hazardous materials, or heavy loads. That means standards are stricter for them. The legal blood alcohol limit for commercial drivers is 0.04%. That’s half the legal limit for those with... read more

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