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Tag Archives: traffic stop

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 »