DWI / DUI
Virginia will mandate the ignition interlock for all DWI convictions
Another reason to fight DWI cases tooth and nail In The Forty Year Old Virgin, one of the hero’s drunk prospects asks him to blow into a tube into her car, and away they recklessly go. He did not at the time realize that he...
Canada’s border rejection for DWI’s is another reason for being battle-ready in criminal court
Canada/the Great White North has many great places to visit. Beyond its cities is much natural beauty and a much lower average population per square mile than the United States. Quebec and Ontario are pleasant drives from my home. Get a drunk driving/DWI/DUI conviction (and numerous...
Limits on Police Power to Arrest for Misdemeanors not Committed in their Presence
Last year, I blogged about a 6-5 Virginia intermediate appellate court opinion affirming a drunk driving conviction where the DWI was allegedy committed on private property not used as a thoroughfare, and not committed in the presence of a police officer. Today, Virginia’s highest court...
Urging Hearsay Limits on Speed Calculations
Particularly now that Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), has become firmly entrenched in the Constitutional landscape, Sixth Amendment challenges to machine-based speed calculations should be more persuasive than ever when the people who calibrated the machine do not testify live at trial. Virginia, for instance, has...
When judges rule 6-5 on a defendant’s offer to take a breathalyzer test
An officer arrested a man for DWI on private property, and was not sure whether he would mention the possibility of taking a breathalyzer test, not knowing whether Virginia’s implied consent law for taking a breathalyzer test applied. After the defendant’s arrest but before the...
Virginia responds to Melendez-Diaz, with a Constitutionally questionable vengeance
Bill of Rights (From public domain.) With a vengeance, Virginia’s legislature and governor have pushed through their Constitutionally questionable response to Melendez-Diaz. The bill, HB 5007, was signed into law last Friday, and provides that it takes immediate effect. A year and a half ago, when...
More on defending drunk driving in Virginia
Image from Virginia Forestry Dept’s website. In Virginia and Washington, D.C., the law says that drivers in those states impliedly consent to have their blood alcohol levels tested if the police have sufficient grounds for seeking such tests. In that regard, here are important relevant Virginia...
Where to Check Speedometer Calibration
Here are some Northern Virginia businesses that have been reported to me as providing speedometer calibration checks. I tend to recommend such checks for clients accused of jailable reckless driving based on excessive speed. This list is a few years old at the time of...
The risks of refusing a test that should be fully refusable
Bill of Rights (From public domain.) Field sobriety tests are junk science administered by cops who have no expertise to administer them, because junk science precludes having expertise. See how poorly is the performance when asking even a fully sober and awake person to follow unfamiliar instructions...
Blood Alcohol Content Test Results can be Higher than the BAC at the Time of Driving
When it comes to drunk driving prosecutions, blood alcohol content test results are subject to attack from all sides, including attacks on the accuracy of the test results in the first place. Moreover, judges and juries need to be educated that it is not a...