by admin | Dec 2, 2013 | Fairfax DUI / DWI
It’s that time of year again. Office parties, gatherings of friends, New Year’s Eve bashes. Of course, those festivities often include a few drinks. If you want to stay safe and out of trouble this holiday season, don’t drink and drive! Virginia is especially tough on drunk drivers. Here’s a recap of Virginia’s driving while intoxicated (DWI) laws. (If you’d like more details, see Fairfax DWI Punishments & Penalties.) Driving While Intoxicated (DWI) In Virginia, the law says you are driving under the influence if your blood alcohol content (BAC) is at least 0.08 percent. The same applies if you drive a moped on public highways. The more intoxicated you are, the harsher the penalties will be. You will at least have to install an ignition interlock device on your vehicle the first time you are convicted of a DWI offense. That’s like having a breathalyzer in your dashboard. You have to exhale into it before you can drive. The car won’t start if your BAC is above the programmed limit. You will also have your license revoked for a year and have to pay a fine. You may face jail time too. You’ll need to complete the Alcohol Safety Action Program to get your license reinstated. Driving with license suspension from a DWI conviction is more serious. For instance, your vehicle can be impounded for up to 90 days if you are caught. Open Containers Driving with an open container in the car is another DWI offense. Doing so can get you charged with drinking while operating a motor vehicle. There are a few conditions that must be...
by admin | Oct 8, 2013 | Fairfax DUI / DWI
You’ve been out with friends for the evening and have had a few drinks. You’re now on your way home when you get stopped by the police who charge you with Driving While Intoxicated (DWI). What happens now and what can you do? Each case is unique so it is very important that you contact an experienced Virginia DWI lawyer as soon as possible. Your lawyer will be able to explain the law and its penalties to you. They’ll also tell you what your options are. They will guide you through the mazes of the legal system so that you can be sure your rights are not violated. It is a very challenging task for the Commonwealth of Virginia to prove that someone was over the legal limit while they were driving. There are several things that you and your lawyer can do to fight the charge. One of the things you can do in your defense is to dispute the stop in the first place. When the police officer stops you, they must have a lawful reason for doing so. If they can’t prove that their reason was valid, the case against you could be dismissed. After the police stop you, they must have enough evidence to justify their claim that you were probably drunk before they placed you under arrest. If they can’t show that they had enough evidence to prove it, then the case might very well be dismissed. Once you’re out of your car, the police officer will normally carry out several field sobriety tests. They do this to see just how much your ability...
by admin | Oct 8, 2013 | Fairfax DUI / DWI
If the unthinkable happens and you find yourself in need of expert legal help who can you call? Regardless of what one is charged with, you definitely want a Virginia defense attorney who is an expert in the law. You want someone who has a reputation for being one of the best. A name that definitely comes to mind is Faraji A. Rosenthall of Fairfax, Virginia. He’s been trying cases in the Fairfax County Courthouse for nearly 10 years. After graduating from Georgetown University Law School in 2004 he was appointed as an Assistant Commonwealth’s Attorney in Fairfax County. He has handled thousands of cases ranging from DWIs to reckless driving to serious felonies. During that time he gained valuable knowledge about the inner workings of the criminal justice system. After clerking for a Fairfax County Circuit Court judge, Mr. Rosenthall left the Commonwealth’s Attorney’s Office and started his own firm in 2009. Since then he has helped hundreds of people with their legal problems. If you find yourself being charged with a crime the first thing you need to do is hire a good defense attorney. You want to have the best you can afford. You want someone who has the skills needed to get the best results for you. Even if you know you’re guilty for the crime you’re being charged with, you still need to have a lawyer who can help you get the best results for your case. They will explain your rights to you so that you are made aware of all the options you have. The last thing you want to do is...
by admin | Sep 18, 2013 | Fairfax DUI / DWI
When someone is charged with a DWI in Virginia, they naturally have many questions. Here we have answered some of the common ones so that your consultation at our offices can be more profitably spent determining your options. What’s the legal definition of a DWI? It is important to understand what must be proven in order for someone to be found guilty of DWI. The prosecutor has to prove beyond reasonable doubt that the accused was operating a vehicle while under the influence of alcohol, or any combination of alcohol and other intoxicants. There are two ways to determine whether a person is “under the influence.” Either they have a BAC of .08 or greater, or they display signs of intoxication. The latter can be more difficult to prove, but it is admissible, and you can be convicted even without breathalyzer evidence. Will My Case be Dismissed if I Was Not Mirandized? The case will not be dismissed on that basis alone. The Commonwealth of Virginia has something called the Implied Consent Law. This means that anyone using public roadways in Virginia has implicitly consented to undergoing a breath or blood test if they are arrested for suspicion of drunk driving. This “agreement” means that a driver does not have to be read their Miranda rights, nor are they required to be allowed to consult a lawyer before testing. What is a Refusal Charge, and What Are The Penalties? Since the Implied Consent Law requires you to submit a breath test or blood sample upon request, if you refuse to do so, you can be subject to another charge,...
by admin | Aug 20, 2013 | Fairfax DUI / DWI
As an experienced criminal defense attorney in Virginia I have represented more than 1,000 clients who have been accused of DUIs. One recent development I have seen recently in the Commonwealth is for drivers who have been convicted of DWI/DUIs to be ordered to install breathalyzers in their cars. In 2012 Gov. Bob McDonnell signed legislation to require first-time DUI/DWI offenders in Virginia to install a breathalyzer in their vehicle to prevent them from driving while intoxicated. A recent study revealed these interlock devices are being widely used by the criminal justice system in the state. AP reported about 8,500 drivers convicted of a DUI were enrolled in Virginia’s ignition interlock program during the first 11-month period after the enactment of the tougher law, according to data supplied by the Virginia Alcohol Safety Action Program released by AAA Mid-Atlantic. Under the new law, first-time DUI offenders have to place the breathalyzer device in every vehicle they own and operate. The court-ordered interlock device measures the offender’s blood alcohol concentration level and stops their vehicle from starting if the level is higher than 0.02 percent. Under the law it’s a misdemeanor to tamper with the devices. Virginia is one of 15 states nationwide to have mandatory or court-ordered ignition interlock provisions or laws for drunken driving offenses, states the National Conference of State Legislatures. If you are charged with a DUI/DWI you may think it’s almost impossible to avoid conviction. However, many common field sobriety tests are considered invalid by the National Highway Transportation Safety Administration and breathalyzers are notoriously unreliable. Blood tests are also routinely mishandled. A criminal defense...
by admin | Jul 26, 2013 | Fairfax DUI / DWI
Of all the possible penalties for a DWI conviction in Virginia, perhaps the least considered is how it affects your insurance rates. This is understandable, because between the fines, the possible jail time, and the loss of driving privileges from anywhere from 30 days to a year, it’s usually a substantial amount of time before a person considers their car insurance needs. What You Need To Know After a drunk driving conviction (or any offense that includes the loss of license to operate motor vehicles), an individual has to submit a form called SR22 to the DMV in order to reapply for their license (in addition to any other state-required treatment or education.) The SR22 is a form that you get from your insurance company to prove that you have reinsured after your conviction. Specifically, it proves that you have motor vehicle liability insurance, and additionally that your insurer will notify the DMV if at any point your insurance lapses. Such a lapse will result in the immediate revocation of your license. How Much Will My Insurance Increase? In most cases, you can expect your insurance to roughly double, as you will be placed in the highest risk category. If you previously had preferred rates due to safe driving, your rates may even triple. Additionally, not all insurers will insure SR22 applicants, in which case you will need to seek insurance elsewhere. Shop around, as some companies specialize in SR22. Even if you do not own a car, if you want your driver’s license back, you will still need to seek insurance in order to get a non-owner’s SR22....
