by admin | Mar 18, 2014 | Fairfax DUI / DWI
In late February, Amanda Bynes plead no contest to a charge of alcohol-related reckless driving and the more serious DUI charge was dropped. A “wet reckless” charge is the lowest charge prosecutors can seek in a DUI case. In exchange for her plea, Bynes must serve three years of probation, attend an alcohol education course, and pay a fine. Bynes was charged with a DUI in June 2012 after she allegedly sideswiped a police cruiser in her attempts to pass it in West Hollywood at 3 a.m. Her DUI case was delayed while a doctor reported to the court about Bynes’ mental condition and a judge ultimately found her competent to stand...
by admin | Mar 12, 2014 | Fairfax DUI / DWI
In Virginia, it’s legal for law enforcement to set up DWI checkpoints as long as officers follow a particular set of rules. They’re hoping drunk drivers will come to them instead of the other way around. How should you handle a DWI checkpoint? Here are some of our best tips for what to do if you find yourself approaching one. Don’t Avoid the Checkpoint It’s tempting to veer off onto a side street when you see a checkpoint ahead, even if you’re sober and just want to avoid the hassle. Unfortunately, the cops know all about that temptation. They’ll often stake out side streets and pull you over if you try to go around the official checkpoint. It’s safer to keep going. Since officers are only allowed to check every four or five cars, there’s a fair chance you won’t be stopped anyway. Act Normal It might be common sense, but it’s also true. The less suspicious you act, the less reason a police officer will have to suspect you. Don’t stop suddenly or turn around. Don’t act like you have something to hide. Stay calm and keep going. Cooperate If you are randomly stopped, cooperate with the officer conducting your check. Provide your driver’s license, registration, and proof of insurance. If you’re sober, you have nothing to worry about. If you’re not, strange behavior will only tip the officer off to your condition. What if the officer asks you to step out of your car? If it’s phrased as an order, it’s a good idea to do as you’re told. If it’s phrased as a request, you can...
by admin | Mar 10, 2014 | Fairfax DUI / DWI
You’ve heard the warnings: “Don’t drink and drive.” Have you ever really thought about what could happen if you ignore them? Is a little legal trouble the worst thing you could face? 10 Years In a Coma From DWI Accident Tom Mabe took the saying “friends don’t let friends drive drunk” to an entirely new level to teach his friend Dennis a powerful lesson. Dennis had been convicted of five previous DUIs. Mabe needed a way to reach his friend and hopefully get him to change his ways. When Dennis was passed out in his truck after a night out drinking, Mabe set up a spare room to look like a hospital, complete with monitors, a hospital bed, and a TV on the wall in the usual spot. He transported Dennis to the room, tucked him into bed, and then waited for him to wake up. Mabe thought of everything. He hired someone to play the nurse who was there when Dennis woke up. He even recorded some highly entertaining news clips for Dennis to watch while he waited for the doctor. That’s not all, though. Mabe decided the story they’d tell Dennis was that he’d been driving drunk ten years ago, had been in an accident, and had spent the intervening decade in a coma. The prank was elaborate enough that Dennis was clearly confused and upset. He kept asking about his daughter and when he could see her. Mabe eventually entered the room dressed as a doctor. He revealed his identity to his friend by slapping him hard in the face. Dennis was clearly relieved and even...
by admin | Feb 26, 2014 | Fairfax DUI / DWI
A state senator in Utah is studying the potential effects of putting Breathalyzers in bars. The legislator believes that putting the machines in bars would help with patrons, particularly younger ones in figuring out how much they actually have had to drink. For many people, by the time you have had a few too many your impairment makes it difficult to have an honest assessment of your level of intoxication. Having a Breathalyzer would allow someone to have an objective measure of their ability to drive. The proposed bill would not require them to be placed in bars, but would prevent the bar from being liable. Many bars would worry that a customer would sue if they were later arrested for DWI after having received a reading from the bar that indicated that they were not intoxicated. The bill would also prevent law enforcement from having access to any readings taken by any suspected drunk drivers. Recent data shows that in 2010, nearly a third of all drunk driving deaths in the United States were the result of drunk driving. Each machine would cost the bar somewhere in the neighborhood of about a thousand dollars and the bar would be able to charge whatever fee they saw fit to use the...
by admin | Feb 24, 2014 | Fairfax DUI / DWI
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...
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...
