by admin | Feb 17, 2014 | Fairfax DUI / DWI
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...
by admin | Feb 14, 2014 | Fairfax DUI / DWI
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...
by admin | Feb 12, 2014 | Fairfax DUI / DWI
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...
by admin | Feb 12, 2014 | Fairfax DUI / DWI
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...
by admin | Jan 24, 2014 | Traffic Charges
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....
