by Faraji Rosenthall | Jan 26, 2016 | Fairfax DUI / DWI
DUIs During the Holidays Most people cannot wait for the holidays to come around. Holidays are usually connected to friends, family, parties, and fun. Though every day may be important to you, there are certain holidays that require a good time with family and friends, like Independence Day, Memorial Day, Thanksgiving, and New Year’s Eve. Enjoying yourself with family and friends may be important during this holiday, but it is best to be wise while celebrating. Though you may decide to indulge in a drink, be sure to make it minimal because law enforcement will be looking for drunk drivers. If you or a loved one have been charged with a DUI, contact an experienced Virginia DUI attorney to seek legal advice. How Do the Holidays Effect DUIs? During the holidays there are many parties and other social gatherings. These times are fun filled, but can often lead to driving while intoxicated. In Virginia, DUIs are considered driving under the influence. Between the months of November and January, law enforcement is increased to protect other drivers on the road from drunk drivers. Virginia has a Checkpoint Strikeforce campaign, and during this time more people are pulled over and arrested for drunk driving than any other time during the year. The number of accidents and deaths tends to increase drastically during this time, as well. During the Thanksgiving holiday weekend, 145 people were arrested for DUIs, which is 54 more than last year, with the numbers steadily increasing. During Christmas and New Year’s the number of accidents and deaths is expected to rise by 12% with New Year’s Eve continuously...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Uncategorized
WHAT SHOULD I EXPECT FROM MY FIRST OFFENSE DWI? WHAT WILL HAPPEN WHEN WE GO TO COURT? The process for handling DWIs in Fairfax County is different than most people expect. The biggest surprise is the sheer number of cases that go through the system. Fairfax County Police arrest more than 2500 drivers for drunk driving in a year. That means that there may be upwards of 50 DWI cases in court on any given day. With that sort of volume, the Prosecutor’s office simply isn’t able to review many cases before court. Unless your case involves a blood test or some other unique circumstance it is likely that nobody from that office will know anything about your case before court. Instead the way the system works is that the Prosecutor talks to your officer and all the other officers about your case, the day of court. They meet in a little room right outside the courtroom and discuss all of the cases in the room that day. Then at about 1015 or 1030, the Prosecutor will begin discussing cases with lawyers. During this session, your lawyer will receive what is called discovery. This process involves the Prosecutor telling the attorney what evidence and facts the government will use to try to convince the judge that the driver is guilty of the crime they are charged with. During this meeting your lawyer will also tell the Prosecutor about any facts that would help their client’s case. After that discussion, the two lawyers negotiate a plea agreement. A plea agreement states that if the client agrees to plead guilty the...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
What Kind of Sentence to Expect For Your First DWI Jail Time In Virginia, a DWI conviction is a Class 1 misdemeanor (the most serious type). One possible penalty is jail time. If the defendant’s BAC is below a .15, Virginia law does not require the defendant to serve any jail time and the court will probably not give the defendant a custodial sentence. However, this is no guarantee; if the court finds the defendant’s conduct was especially egregious even if the defendant’s BAC is below a .15, the court may impose a jail sentence. If the defendant’s BAC is between a .15 and .20, Virginia requires that the defendant serve a minimum of five days in jail. The usual 50% reduction for good time served does not apply to this sentence so the defendant must serve the full five days. If the BAC is above a .20, the sentence increases to a minimum of 10 days. Driver’s License Suspension Jail time is not the only penalty for a first-time DWI conviction. When a defendant is arrested for a DWI, his driver’s license is administratively suspended for seven days. Upon conviction of a DWI, the defendant’s driver’s license will be suspended for 1 year. Many first-time DWI offenders request (and are granted) a “restricted license.” This license allows the defendant to drive back and forth to work, to school, medical facilities, court-ordered programs for alcohol counseling, and a few other exceptions. The court will order the defendant to enroll in an alcohol counseling course through the Virginia Alcohol Safety Action Program as a condition of carrying a...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
What is the General Court Procedure for a DWI Charge in Fairfax? Not one DWI case is the same; rather, a defendant’s case will depend on a number of factors including whether or not this was his first charge, whether he hired a private defense attorney opposed to a public defender, whether he posted bail, etc. Court usually opens at 9:30 a.m. The judge begins by calling the names for the people with cases that did not hire a lawyer and reads them their charges. These people will usually have a defense attorney appointed to them if they cannot afford private counsel and are otherwise eligible. It is at this time that the Fairfax County Commonwealth Attorney (aka Prosecutor or District Attorney) assigned to the courtroom will typically look at the case for the first time. Because of the sheer amount of cases that prosecutors handle, they will most likely not have had time to thoroughly read all their assigned cases for that day. Before court starts, the prosecutor will also speak to the police officers about the DWI cases that they were involved in. After the prosecutor speaks to the police officers, they then meet with the defense attorneys to discuss the cases. Defendants are not allowed to be present at these meetings and they take place outside the courtroom. In these meetings, the defense attorney and prosecutor essentially break down the case, discuss the evidence, and identify any mitigating factors that might help the defendant. The prosecutor will then decide on a plea offer for the case and extend it to the defense attorney. These plea...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Traffic Charges
What Happens If You Are Caught Driving After Your License Was Suspended From a DWI? If you are caught driving when your license was suspended for a DWI, you may face a possible conviction under 18.2-272. Unless you have previously been convicted of a driving on suspended these charges can often be resolved with no jail time. However, the tangential impacts of such a conviction can be much worse. The DMV will suspend your license for at least a year. The DMV suspension is typically equal to the length of time that your original suspension was for. So if you were caught driving during a 12 month suspension, the DMV will add another 12 month suspension on to the end. During that period of suspension you will not be eligible for a restricted license and will essentially have to walk everywhere. Regardless of whether you lose your job or cannot provide for your family you will not be able to drive at all. Additionally, you will likely be subject to receiving some or not all of your suspended jail time imposed. In most Fairfax DWI cases, the initial sentence is 30 days of suspended jail time. If you are caught in violation of your initial sentence you will likely have to face a judge who can impose some or all of that sentence. The 18.2-272 charge applies if: You are driving and do not have a restricted license You are driving outside the terms of your restricted license (either time and/or location) You are driving after drinking (the limit is .02) Regardless, the potential...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
Options After DWI Arrest – The First Offense Is this your first brush with the law when it comes to driving under the influence? Learn what options are available to avoid jail time or prevent license suspension in Fairfax County, Virginia. Have you made an error in judgment by driving while intoxicated? Have you been arrested and are now summoned to court? By now you’ve probably read the detailed list of consequences that could arise from the DMV site. The top picks in sentencing include driver’s license suspension, fines, and possibly jail time. More specifically, fines can be anywhere between the mandatory minimum of $250 and $2500, with one year’s worth of license suspension. Aggravating factors like driving with a minor, or having a blood alcohol count higher than 0.15% can also increment fines and other penalties. Options Following an Arrest If an officer suspects that a driver is under the influence of drugs or alcohol, a chemical test will usually follow. Drivers can opt out of this test, however the consequence of doing so would be an automatic suspension of their driver’ license for one year, even if you were not guilty of the DWI. This is a separate charge called Refusal. Some of the rules regarding refusals can be very complicated. Pleading The Case Is there any leniency when it comes to penalties for driving while intoxicated? For one, drivers can seek legal counsel to see if the DWI charge can be plead down to a reckless driving or improper driving offense. Reckless driving is still a misdemeanor, but these are often given a pass when viewed...
