Using the “No-Driving Defense” in DUI Cases
Driving under the influence or DUI is a misnomer in Virginia because the law does not require individuals to be driving to be convicted. Virginia law permits convictions for DUI in cases where the accused was “operating” a vehicle even if the car was parked and not moving. As such, the no-driving defense in DUI […]
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What do You Plead at Arraignment for Possession of Alcohol While Being Under Age 21?
This is kind of a trick question unfortunately, but a lot of people have confusion about what happens at arraignment in Virginia. People see on TV such as, Law & Order where a defendant is being arraigned and he enters a plea to the charge. In Virginia for a misdemeanor, that’s not the normal process. […]
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Failure to Maintain Control Ticket = Reckless Driving Ticket
I’ve written before about single vehicle accidents and how they might be dismissed. But many people are confused about the nature of their ticket. A lot of accident tickets just have something like “failure to maintain control” written on them. It’s simply not clear what that charge is all about, until you look up the […]
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DUI Checkpoints in Virginia
The police use checkpoints or roadblocks to try to enforce different traffic laws and traffic objectives, such as catching people who are drinking while driving. If you were caught in one of these checkpoints there is good news for you. These cases can be beaten! If you have questions regarding DUI checkpoints related to your […]
MoreCan You Get a DUI on a Bike?
In many states, driving under the influence (DUI) laws apply to motor vehicles and bicycle riders. However, Virginia’s driving while intoxicated rules under Code of Virginia § 18.2-266 apply to those who drive or operate a motor vehicle, engine, or train while under the influence of alcohol. Although bicycles are not motor vehicles for the […]
MoreFive Items to Consider When Choosing Your Virginia DUI Lawyer
Virginia imposes strict penalties on drivers convicted of driving under the influence. In 2019, Virginia recorded 18,648 DUI convictions. Additionally, 264 of the state’s 827 traffic fatalities involved alcohol. Despite the number of DUI convictions, we know that not everyone accused of DUI committed a crime. If you were charged with DUI in Virginia, Andrew […]
MoreWhat Is a No-Refusal Weekend in Virginia?
You may have heard about “no-refusal weekends” down in Texas. They have received a lot of attention. On a no-refusal weekend, police in Texas are able to obtain a search warrant for breath and blood samples much more quickly than they usually can when a person refuses to voluntarily consent to a blood draw or […]
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Can You be Charged with DUI in Virginia if You Blow Below a 0.08 on the Breath Test?
Can you be charged with DUI in Virginia if you blow below a 0.08 on the breath test? The short answer is yes. Virginia DUI Laws Virginia DUI laws are quite complicated, and it doesn’t make sense a lot of times to drivers. However, Virginia DUI law says that if you blow below a 0.08 […]
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Can A Cop Pull You Over For No Reason?
Navigating the legality of traffic stops, this article delves into whether police can pull you over without cause, highlighting the necessity of reasonable suspicion and lawful grounds for such actions. Key Takeaways In the U.S., police must have reasonable suspicion of law violation for a traffic stop. Examples include speeding, expired registration, or signs of […]
MoreDo You Get Arrested for a DUI?
You may wonder, Do you get arrested for a DUI? Whether you get arrested for driving under the influence (DUI) depends on the specifics of your case. Law enforcement officers have the authority to arrest you for a DUI charge. Depending on your circumstances, the police may instead issue you a summons or request a […]
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