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 »
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 »
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 »
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 »
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. The Post also estimates a 400% increase in the amount of people needing installation. In some areas of ... Read More »