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Author Archives: Mike Tillotson

Mike Tillotson
Mr. Tillotson graduated summa cum laude with a Bachelor of Science in Criminal Justice Studies in 1986. He received the Alpha Signa Award for graduating with the highest grade point average in his field of study. In 1990, he received his juris doctor from Marshall-Wythe School of Law at the College of William and Mary. Being involved in professional legal organizations allows attorneys to keep abreast of the latest information in their field. Mr. Tillotson is an active member of the Virginia Association of Criminal Defense Lawyers and the National College for DUI Defense as well as a Lifetime Member of the National Association of Criminal Defense Lawyers. He has also been recognized by the National College for DUI Defense for his dedication to defending citizens who have been accused of driving while intoxicated. Mr. Tillotson was recognized as one of The American Trial Lawyers Association's Top 100 Trial Lawyers from Virginia.

Firm: Tillotson & Martin, L.L.C.

Areas of Practice: DWI Defense – we defend cases anywhere in Virginia

Address: 13195 Warwick Blvd., Suite 2A Newport News, VA 23602

Phone: (757)969-5197

Fax: (757)969-5988

Undergraduate:

Law School: William & Mary School of Law

Professional Affiliations:

Professional Accomplishments: Author of the West’s Virginia Practice Series book: Virginia DUI Law: Understanding the Scientific, Medical, Technological, and Legal Aspects of a DUI Case.

Professional Experience:

Additional Education:

If you would like to contact the author, please visit: http://virginiabeachduilawyer.net


McNeely and Forced Blood Draws in Virginia

Under the implied consent law in Virginia, you are required to give a breath or blood test if an officer arrests you for driving under the influence. If you’ve been in an accident and end up at a hospital, the officer will usually ask for a blood test. You have the power to refuse, but will then face a separate refusal charge with additional penalties. The officer then has a choice to obtain a warrant for a forced blood test, ... Read More »

Can the Alco-Sensor be Used Against You in Virginia?

If you are pulled over and the officer suspects drunk driving, you will be offered a preliminary breath test – sometimes called an Alco-Sensor.  I have watched many videos where officers tell my clients that the results of the Alco-Sensor “cannot be used in court” and “cannot hurt them.”  But is this true? It is true that the preliminary breath test cannot be used against them to prove DWI or “baby DWI” (under 21 with a blood alcohol level of ... Read More »

Virginia’s New Policy for Restoration of Rights after Felony DUI

You can’t count on a lot in life – but one thing you can – DWI penalties always get tougher in Virginia.  So, it’s noteworthy when Virginia decides to give people convicted of a DUI a break.  This break comes from the Governor instead of from the General Assembly. If you were convicted of a felony DUI, it will be easier to get your rights restored to vote, hold office, and serve on a jury.  Additionally, this initial restoration is ... Read More »

New Felony DWI law in Virginia: from 0 to 365 days on July 1, 2013!

Third and subsequent DWIs became felonies in Virginia in 1999.  Since that time, Virginia has had a 10 year lookback period for using previous DUIs to enhance punishments.  Currently, Virginia Code § 18.2-270 has the following DWIs and minimum mandatory punishments: 3 DWIs committed within a 10 year period   90 days 3 DWIs committed within a 5 year period     6 months 4 (or more) DWIs within a 10 year period      1 year These portions of the law remain the same. ... Read More »

Follow the money: Florida shortens yellow light time at intersections with red light cameras

A local Florida station reports that Florida changed its rules to allow shorter yellow light times at intersections.  The result:  millions of dollars in additional revenues in red light camera fines.  Did Florida cities and counties inform their citizens that “the times were a’changing?”  Of course not!  Why?  Millions of dollars from red light camera fines! As it turns out, the Florida Department of Transportation reduced the yellow light time below federal recommendations.  Why?  Research apparently indicated that if you ... Read More »

The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.” An oft repeated refrain goes something like this: “It’s called the implied consent law and everyone signs the form when they get their driver’s license.”  One article goes on to state ... Read More »

Virginia DWI/DUI News: You don’t need to be driving to be convicted in Virginia. What constitutes operation?

We commonly call the offense we defend “driving under the influence” or “driving while intoxicated.”  But in Virginia, you don’t need to be driving to be convicted.  Virginia criminalizes “operating” while impaired also: “It shall be unlawful for any person to drive or operate any motor vehicle . . . .” Va. Code 18.2-266. But what constitutes operation?  If you start to feel the effects of alcohol can you pull to the side of the road and sleep it off?  ... Read More »

Ignition Interlock for All DUIs in Virginia

This July, Virginia will require everyone convicted of DUI to install an ignition interlock device if they want a restricted license.  Judges differ whether the July 1st date applies to all those convicted after June 30th or those arrested after June 30th and subsequently convicted. The Washington Post estimates that the new law will cause 18,000 people per year to spend about $500 for a six month installation.[1]  The Post also estimates a 400% increase in the amount of people needing installation.  In some areas of ... Read More »