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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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What are the Best Ways to Avoid a DWI?

Feb 14, 2014

It’s the weekend. You’ve made plans to go out with friends. The last thing you want is to end up with a DWI on your way home. Here are a few ways you can avoid getting pulled over. Don’t Drink and Drive The most obvious solution, of course, is not to drink and drive. It may not be the most attractive option, but it is certainly foolproof. If you don’t want to go that route, at least ask someone in your group to be the designated driver for the rest of you. Take Care of Other Potential Problems A police officer may pull you over for another problem, realize you may have been drinking, and then add a DWI citation on top of the original issue. Don’t give law enforcement another reason to pull you over. For example, make sure your license and registration are valid and your headlights and taillights are in good working order. Prep Your Paperwork The last thing you want is to be fumbling around for your paperwork while the officer who has stopped you looks on. Before you go out, collect your current insurance card, license, and registration. Put them somewhere easy to access, like in your center console or clipped to your sun visor. Don’t Drink on an Empty Stomach Eating while you drink has been shown to prevent the level of alcohol in your blood from peaking. If you pace yourself and keep snacking, you may be able to keep your blood alcohol content (BAC) low. Stay Off the Main Roads Officers usually concentrate their efforts in more populated areas where they’ll... read more

DWI Bribery Case Continued

Feb 12, 2014

Robert Williamson is facing charges for an alleged scheme to bribe the District Attorney’s Office for favorable treatment of DWI Defendants.  Williamson’s attorney moved for the continuance citing a need for additional time to review 136 surveillence tapes of the Defendant as well as over 400 interviews of 224 potential witnesses. A number of individuals have already pled guilty for involvement in the scheme.  According to court documents the bribes took place between 2008 and 2012 and more than $70k changed hands.  Gifts including bicycles, clothing and an autographed New Orleans Saints hat were also used to get good results for DWI clients.  5 participants have already plead guilty, including 3 from the District Attorney’s office.  A number had agreed to testify against Williams, who is facing charges of conspiracy, bribery and making a false statement to a federal agent. The matter was continued from its scheduled March court date to August... read more

What Are Virginia's Basic DWI Laws and Penalties?

Feb 12, 2014

Have you ever tried to untangle Virginia’s basic DWI laws and the penalties for breaking them? Like most states, our laws are complicated. Knowing the basics will help you avoid breaking those laws and getting into trouble. It will also ensure you know what will happen if you do break the law. Here are a few facts you should know. Virginia Has an Implied Consent Law By driving on public roads in Virginia, you automatically agree to the implied consent law. That means if an officer has reasonable cause to think you might be driving under the influence of alcohol or drugs, you agree to submit to a blood, breath, or urine test. Refusing such tests will result in a refusal charge. At the very least you’ll be subject to a license suspension and possibly a fine. The length of the suspension depends on whether this is your first offense or not. BAC Limits Aren’t the Same for Everyone The amount of alcohol in your blood, or blood alcohol content (BAC), that will get you into trouble isn’t the same across the board. Adults over 21 can get a DWI with a BAC of 0.08% or higher. For commercial drivers, the number is half that, or 0.04%. Virginia laws are strictest with minors who can’t legally consume alcohol in the first place. If you’re under 21, any BAC over 0.02% can earn you a DWI citation. The Penalties Depend on the Circumstances All kinds of factors determine exactly what any given DWI sentence looks like. For instance, having someone under 18 in the car with you or being under... read more

What Constitutes a Traffic Offense in Fairfax County?

Jan 24, 2014

Should you hire a lawyer for a traffic ticket? It depends. That ticket may just be a simple matter. However, it may also cause unintended consequences. If your ticket states that you are required to appear in court, talk to an attorney. Officers only check that box when you’ve committed an offense that can lead to jail time. It doesn’t mean you will definitely be imprisoned. It does mean having a lawyer is a great idea, though. The Fairfax traffic court is a vast and busy system. You’ll want to have someone on your side who knows how it all works. Here are three charges for which we suggest you involve an attorney. Driving without a License or No Operator’s License This charge means you were caught driving without a valid license. The first offense is usually a minor one. Common penalties include a license suspension and three points that stay on your record for three years. Subsequent offenses are more serious. These may result in jail time. A lawyer can help in both cases. However, you will definitely want to hire a lawyer if this isn’t your first offense. Driving on a Suspended License It is illegal for you to drive if your license has been suspended for any reason. If you’re caught, you will face serious consequences. These include a fine and jail time. You may also receive another license suspension. You won’t be able to get a restricted license. If you’re facing this charge, get an attorney involved before you appear in court. Working with one makes it much more likely your case will end favorably.... read more

How to Beat a Fairfax County DWI

Jan 20, 2014

Have you been charged with a DWI in Fairfax County? Good news. There are ways you can beat it. It’s vital that you work with an experienced attorney if you want to beat your DWI. That’s because not every defense will apply to your case. In fact, what avoids conviction in one case may lead directly to it in another. Only lawyers who know what they’re doing can navigate the system effectively. That being said, there are five common aspects of your case to consider. The Reason for the Stop To pull you over, a police officer has to have reasonable suspicion. The officer must be able to explain to the judge why you were stopped. A shaky or invalid reason can help your case. Our attorneys are careful to investigate the matter before your court date. They will find out whether the officer’s lack of a reason could help you. The Administration of Field Sobriety Tests After an officer stops you, he or she will probably give you a series of field sobriety tests. There are two reasons for this. First, the tests validate the officer’s decision to stop you. Second, the test results can be used against you at trial. The National Highway Traffic Safety Administration sets down very specific ways in which these tests are to be performed. An improperly administered test could help your case. Also, the judge may say that the arrest was invalid if you performed well on the test but were arrested anyway. The Arrest The arrest procedures that officers use must follow certain regulations. Not every officer follows these correctly. Your... read more

What Are the Consequences for Marijuana Possession in Fairfax?

Jan 16, 2014

In Fairfax County, marijuana possession is a serious issue. A conviction can have consequences that last the rest of your life. Here’s what you should know about possession of marijuana in Fairfax. Fairfax County’s Stance on Marijuana Other places in the U.S. may be changing their views on marijuana. Fairfax County, however, remains as strict as ever. Being caught with even tiny amounts of marijuana will get you into trouble. You might be fined or imprisoned. You will definitely have your license suspended and add a criminal conviction to your record. Clearly Fairfax County takes marijuana possession seriously. Actual vs. Constructive Possession In Virginia, marijuana doesn’t have to be found on your person for you to be charged with possession. Just having marijuana in your home or car is enough. You don’t even have to have to have bought it yourself. This is know as “constructive possession.” You can only be convicted of it if the Commonwealth can prove you knew about the marijuana and exercised control over it. Field vs. Laboratory Tests To convict you of possession in Fairfax, the prosecutor must prove the substance found is really marijuana. Officers are allowed to perform a field test using a special kit. They must prove they used the kit and testify to the results. However, these tests aren’t always accurate. The Commonwealth must tell you if it plans to use field test results in the case against you. You can then request the same substance be tested in a laboratory. Possible Outcomes There are several routes your sentencing could take if you are convicted. First-time offenders are eligible for... read more

Fairfax County's Juvenile Justice System

Dec 2, 2013

It’s a call every parent dreads. On the other end of the phone is a police officer, telling you your child is in custody facing criminal charges. You might feel furious, scared, helpless — or most likely, all three. It may well be your first experience with the justice system. What do you do? Be Familiar with the Process Start by educating yourself. The terms used to describe juvenile cases differ from what you might expect. Adult cases begin with “warrants” or “indictments.” Juvenile cases start with “petitions.” Situations involving adults are called “criminal cases.” When a juvenile is involved, they are known as “delinquency cases.” Children are usually found “delinquent” instead of “guilty.” All juvenile cases in Fairfax are filed with the Juvenile and Domestic Relations District Court. After the petition comes the detention hearing. These are held daily in Fairfax. You’ll be told when your child’s hearing is scheduled. Your child’s trial rights will be explained at the hearing, and a trial date will be set. The issue of custody pending trial will also be addressed. Your child may be released to your care or held in custody at Shelter Care or the Fairfax County Juvenile Detention Center. The former is similar to a group home facility, and the latter is a juvenile version of prison. When your child’s trial date arrives, he or she has several options. Like an adult, your child can plead guilty, not guilty, or nolo contendere (meaning “no contest”). A guilty verdict will result in sentencing. There is more flexibility in juvenile sentencing than you might expect. This is because the court... read more

Virginia DUI Laws – Little Known Facts

Dec 2, 2013

When it comes to driving under the influence, there are a few things most people know. It’s a serious offense in most states. Virginia is no exception. You may have to pay a fine, lose your license, or even go to jail. That’s just part of the picture, though. There are plenty of little-known facts about Virginia’s DUI laws you should be aware of. You can be convicted of a DUI offense with a BAC below 0.08 percent. Many people believe your blood alcohol content (BAC) must be at least 0.08 percent for you to be legally driving under the influence of alcohol in Virginia. However, that’s not exactly true. If your driving abilities are impaired and you exhibit signs of intoxication, you can be charged. The prosecutor does have to prove beyond a doubt that you were under the influence while driving, though. A DUI can earn you a criminal record. Did you know that all DUI offenses in Virginia are reported to the Central Criminal Records Exchange? That means a DUI arrest can result in a criminal record. You can’t refuse a breath or blood test without consequences. Virginia’s Implied Consent Law means that just by using public roads, you are implicitly consenting to breath or blood tests if you are stopped for possible drunk driving. You need not be read your Miranda rights or allowed to talk to a lawyer before a test is performed. Refusing the test may result in a “refusal charge” in addition to the DUI. Your first one is a civil offense, and you’ll lose your license for one year. The penalties... read more

Going to a holiday party? Don’t drink and drive.

Dec 2, 2013

It’s that time of year again. Office parties, gatherings of friends, New Year’s Eve bashes. Of course, those festivities often include a few drinks. If you want to stay safe and out of trouble this holiday season, don’t drink and drive! Virginia is especially tough on drunk drivers. Here’s a recap of Virginia’s driving while intoxicated (DWI) laws. (If you’d like more details, see Fairfax DWI Punishments & Penalties.) Driving While Intoxicated (DWI) In Virginia, the law says you are driving under the influence if your blood alcohol content (BAC) is at least 0.08 percent. The same applies if you drive a moped on public highways. The more intoxicated you are, the harsher the penalties will be. You will at least have to install an ignition interlock device on your vehicle the first time you are convicted of a DWI offense. That’s like having a breathalyzer in your dashboard. You have to exhale into it before you can drive. The car won’t start if your BAC is above the programmed limit. You will also have your license revoked for a year and have to pay a fine. You may face jail time too. You’ll need to complete the Alcohol Safety Action Program to get your license reinstated. Driving with license suspension from a DWI conviction is more serious. For instance, your vehicle can be impounded for up to 90 days if you are caught. Open Containers Driving with an open container in the car is another DWI offense. Doing so can get you charged with drinking while operating a motor vehicle. There are a few conditions that must be... read more

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