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 20, 2014 | Fairfax DUI / DWI
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...
by admin | Dec 11, 2013 | Fairfax DUI / DWI
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by admin | Dec 2, 2013 | Fairfax DUI / DWI
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...
