by admin | Jun 5, 2013 | Fairfax DUI / DWI
A Breathalyzer is a device that is used for estimating an individual’s blood alcohol content from a breath sample. The Breathalyzer was developed in 1953 from the first practical roadside breath-testing device called the Drunkometer. That product was invented by Robert Borkenstein, a captain with the Indiana State Police and later a professor at Indiana University at Bloomington. Borkenstein revolutionized the enforcement of drunk driving laws by allowing police officers to measure the proportion of alcohol vapors that are exhaled, which reflects the content of alcohol in the blood. Prior to the Breathalyzer, police officers would look for a car that was weaving across lanes between traffic and conduct some field tests to determine if an individual was intoxicated. The did not have any qualitative data verifying that an individual was intoxicated. This made it difficult for evidence to hold up in court. Once put into widespread use the Breathalyzer provided scientific evidence of intoxication. The first place that alcohol is absorbed is within the tissues of the mouth and when fully ingested, it passes from the stomach into the small intestine. From there it is rapidly absorbed into the blood and then distributed throughout the body. The chemical structure cannot be metabolized and remains unaltered and intact. As blood flows into the lungs, alcohol readily evaporates and is released with carbon dioxide that leaves the lung as oxygen replaces it. The concentration of alcohol in the expelled air is related to the amount of alcohol present in the blood. The Breathalyzer measures breath alcohol concentration using a fuel cell gas sensor that is specific to alcohol molecules. While...
by admin | Jun 4, 2013 | Uncategorized
Assault charges in Fairfax have been merged under the law with battery offenses. According to the law, this is a general intent offense, meaning that someone accused of assault does not need to intend any type of specific harm in order to be charged and convicted of the crime. All that is necessary is the intent to commit some type of unwanted contact. In a number of cases even negligence and/or recklessness might be enough to provide the needed intent. Examining this issue further, it is important to determine exactly what assault is, how these offenses are charged, and possible defense options. What Is Assault? In Fairfax assault (and battery since they are combined under the law) is some type of act which is intended to cause fear of harm or even just offensive contact. Words alone would not qualify as an assault; they must be accompanied by an act which indicates that the threat might actually be carried out. The accused must also actually have the intent to commit an assault, even if it is only a general intention. The victim must also have a reasonable fear that they may suffer some form of imminent injury or unlawful (and unwanted) contact. Misdemeanor Versus Felony Assault Charges In Fairfax: The simple assault statute is explained in Virginia Code section 18.2-57. These types of assaults also include those committed with a group, classified as assault or battery by a mob. This is a misdemeanor charge, punishable by a maximum of one year in jail and a fine of up to $2,500. Restitution must also be made to the victim for...
by admin | May 28, 2013 | Shoplifting
Approximately one in 11 Americans have shoplifted and per year, companies lose more than 11 billion dollars in merchandise. While the majority of the time, shoplifters view shoplifting an addiction or disease, it ultimately is a crime, and in Virginia, you can face charges anywhere from petit larceny if the item(s) stolen is worth less than $200 and is punished with a Class 1 misdemeanor to grand larceny if the item(s) stolen are worth more than $200 and is classified as a felony. Larceny is defined as the wrongful acquisition of the personal property of another person. Possession of the item(s) can be actual or constructive. If it’s actual, the person is in physical control of the property and it’s constructive if the person is not in physical control but there is sufficient evidence to believe that the person is in control of the property. For example, actual possession would be locating stolen property in a person’s purse. Constructive possession would be locating stolen property in the trunk of a car the person is driving. A person is not considered guilty of larceny unless they carry away the personal property however, the individual(s) involved can be charged with concealment, which is another type of larceny in Virginia. Concealment occurs when someone willingly hides merchandise or takes merchandise from a store; alters the price tag(s) on merchandise, moves merchandise from one container to a separate container; when someone helps another person hide or take merchandise from a store; when someone assists or helps another person alter price tags on merchandise or moves it from one container to another....
by admin | Apr 9, 2013 | Reckless Driving
Court starts promptly at 9:30am. It is important to allow plenty of time because security checks can sometimes delay entry to the courthouse. My secretary will call you the day before as a reminder and also to tell you which courtroom your case is in. Between 9am and 9:30am I will meet with the Prosecutor to remind them that I will be representing you. This serves two purposes. It tells the Prosecutor to take your case out of the judge’s stack of files. Additionally, it tells the Prosecutor to talk to your police officer about your case. Prosecutors in Fairfax do not talk to the police on traffic cases prior to the court date. They also do not get involved in cases where a person represents themselves. (Known as going pro-se). When the judge starts calling cases at 9:30 your case will be with the Prosecutor and won’t be one of the cases the judge calls. Depending on how crowded the courtroom is that day, the Prosecutor may take up to an hour to talk to the officers and get information about your case. During that time you can get breakfast, read, or otherwise simply watch the other cases. About 10:30, the Prosecutor will start talking to the lawyers. During these brief meetings the Prosecutor will share the officer’s version of events. They will also allow me to view the officer’s calibrations. Calibrations are records that prove the officer’s equipment has been tested and confirmed to be reliable. The vast majority of Fairfax Reckless Driving cases are won or lost based on whether the calibrations comply with a complex...
by admin | Apr 9, 2013 | Fairfax DUI / DWI, Reckless Driving, Traffic Charges
If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for any reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1) Work 2) School 3) ASAP and ASAP required activities 4) School 5) Medical appointments (for yourself, elderly parent, household members, and children) 6) Your children’s school 7) Your children’s daycare 8) Probation 9) Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one when you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important. Judges are...
