by admin | Jul 17, 2013 | Fairfax DUI / DWI, Traffic Charges
June 29, 2013 was not a good day for Jovan Chesmon Smith. Whatever intent he may have had when he left home, it surely did not include ruining a pleasant weekend by having a run in with the authorities and getting arrested for driving under the influence. According to Grazia Moyers, Virginia Beach Police Department, the incident took place at 7.15 pm when Smith was driving north on Independence Boulevard. As he turned left on Euclid Road, he accelerated and rammed into a vehicle in the next lane. In an effort to take control, Smith overcorrected his vehicle, causing him to cross over the median. Before he knew it, he had crashed into a police car. To make matters worse, the police car was not unoccupied. It was carrying, at that time, a police officer and his chaplain. Finally, Smith’s out of control car flipped on its side and came to rest in front of Best Buy, on the sidewalk. On the brighter side, nobody involved in the crash were injured in any way. 32-year old Smith was arrested on the spot and faces several charges, the first of which is driving under the influence. At the time of the incident, his blood alcohol concentration was higher than 0.20. This is significantly above the legal limit to drive in Virginia, which is 0.08. In fact, according to the police department, this is Smith’s second DUI charge within 5-10 years. This makes him a repeat offender, automatically inviting a higher penalty. The other charges that have been brought against Smith include following too close, unauthorized use of inspection sticker, no...
by admin | Jul 3, 2013 | Fairfax DUI / DWI
Are You OK To Drive? Check these tips to see how much alcohol is too much before getting behind the wheel The Commonwealth of Virginia has some tough drunk driving laws. To help keep yourself out of trouble, take a moment to familiarize yourself with local rules and regulations. Police in Virginia determine whether to charge a driver with DUI after performing a series of tests. Among these are the field sobriety tests, including the walk-and-turn, the one-legged stand, and following a flashlight beam with your eyes. These tests are all subjective, and how well you perform is based entirely on the officer’s judgment. The blood alcohol content test, however, is more scientific. If performed correctly, the BAC will show how much alcohol you had in your system at the time you were pulled over. The allowable limit is less than 0.08 percent. Once your BAC level reaches 0.08 percent, you can be arrested and charged with Driving Under the Influence. However, if you are driving a commercial vehicle, the limit is only 0.04 percent, and if you are under 21, it is 0.02 percent. In some states, lawyers advise their clients not to submit to a BAC test, thereby avoiding the possibility that something could go wrong, or that it could be proven you were driving drunk. But refusing to take this test is illegal in Virginia, and the penalty is having your license suspended for a year. So why do restaurants and bars even serve alcohol if people are not supposed to drink and drive? That’s a good question, and one that, as lawyers, we are not...
by admin | Jul 1, 2013 | Fairfax DUI / DWI
An improper U-turn can cost a person a lot more than we may imagine. This thought comes from a recent event that took place on the night of May 13th. Lynchburg police officer stopped a sports utility vehicle after it took a u-turn which the officer thought was improper. The car was allegedly being driven by David M. LeFevre Sr., a 52-year-old Chesapeake resident and the principal of Holland Elementary School in Virginia Beach. The breach was not as grave until the police officer sought a breath or blood test to check for any sort of intoxication which Mr. LeFevre refused to do. He has, reportedly, resigned from the office of principal on account of ‘personal reasons’ after being slapped with charges of making an improper U-turn, driving while intoxicated and refusing to take a blood or breath test. As per Lynchburg district court records, he is due for an arraignment hearing on July 18th. Under the laws of Virginia, first offense DUI might entail administrative license suspension for 7 days; up to 12 months in jail, a minimum fine of $250, up to a maximum fine of $2500; license revocation for 1 year; possible ignition interlock device; possible restricted driver’s license; any court-ordered restitution; possible Alcohol Safety Action Program...
by admin | Jun 26, 2013 | Fairfax DUI / DWI, Uncategorized
Once You Are Stopped For Suspicion of Driving While Intoxicated. What Happens Next? One of the hard choices a driver often faces when pulled over, no matter what the reason for the stop, is whether to take one or several of the tests for sobriety. It’s a big question and affects a lot of people, since there are almost 1.5 million DWI arrests every year. This also means there’s even more traffic stops just involving suspicion of DWI. Every single state in America has adopted a basic rule, involving a blood alcohol content (or BAC) of 0.08 or higher…that rule is called “illegal per se.” If a driver can be shown to be at that level of drugs in their blood, then they can be more easily convicted of a DWI. You Need An Experienced DWI Attorney While the goal has been to use these tougher rules to decrease drunk driving, it also has caused more innocent people to face unfair prosecution. These facts make it absolutely imperative for anyone facing a DWI charge to work only with an experienced DWI attorney. Option To Refuse To Give Blood Most states specifically allow a driver to refuse to give blood for a BAC test. The cause for this right goes back to 1966, when a police officer in California chased a fleeing suspect in a drunk driving case, and (over the objection of the driver) forced a blood test on them. At the same time, states also then allowed for what is known as an ‘administrative’ suspension of the license for refusing the test. The issue of refusing to take...
by admin | Jun 24, 2013 | Fairfax DUI / DWI, Reckless Driving, Traffic Charges
There have been a lot of stories about how some people have “talked their way” out of a ticket. In fact, it’s so common to try and find some “other” reason for poor driving that a poll in USA Today found the Top Ten most common reasons for excusing poor driving. In cases involving suspected DWI, the excuses (real or not) have a lot in common. The most popular reasons for not getting a ticket range from “I didn’t know it was broken” (number 3) and “I was lost” (number 2) and “I couldn’t see the sign” (number 1). Whether these excuses become good defenses to a DWI often depend on the driver working with a DWI attorney who can present the true facts. The reality for anyone who is cited for a DWI, however, is that police are supposed to follow very strict rules, excuses or not, for giving a DWI citation. Whether these rules are followed is often decided by being sure an experienced DWI attorney helps the driver. In one Fairfax County case, a woman caused an accident during rush hour. Though she seemed to be intoxicated, the woman insisted on getting medical treatment instead of agreeing to a field sobriety test. The police officer, who had the breathalyzer test ready, watched as the ambulance loaded the woman for the hospital. Hours later, the officer decided not to cite the woman for DWI. The woman may have avoided a DWI citation: but the officer received a disciplinary action for “shirking his duty.” As with the modern reasons for trying to talk an officer out of a...
by admin | Jun 10, 2013 | Fairfax DUI / DWI
Driving under the influence can lead to a slew of devastating consequences. Those who are impaired by alcohol are less-likely to be able to control their vehicle and implement the type of judgment and coordination necessary for safe driving. While there is always the risk of injuring yourself or others in a collision, being arrested in Virginia for driving under the influence or driving while intoxicated can lead to costly punitive sanctions. The best way to avoid legal penalties is to designate a driver or take another form of transportation after you have consumed alcohol. Drivers who fail to take the steps to avoid an arrest will face the following varying consequences. Definition of DUI Driving under the influence in Virginia is defined as operating a motor vehicle with a blood alcohol content (or BAC) is at or exceeding .08%. If there is sufficient evidence that a driver is under the influence of another drug besides alcohol, DUI can be suspected and charged with a BAC of zero. First Offense First time offenders can face up to a $2500 fine, up to 12 months in jail and the revocation of their driver’s license for one year. Those convicted of DUI for the first time will automatically be required to install an interlock ignition device that will make it impossible for a driver who has consumed alcohol to start their vehicle. Second Offense Anyone caught driving under the influence for the second time will face stiffer penalties. Second time convicts of DUI will face a minimum $500 fine, revocation of their driver’s license for three years, and a term to...
