Law Offices of Christie A. Leary P.C.

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Fairfax/Manassas Criminal & Personal Injury Blog

Making a strong defense against a DUI charge

While some motorists view a drunk driving offense as a minor criminal charge, Virginia residents should note that the recent changes over the last decade have significantly increased the penalties for those convicted of a drunk driving or reckless driving charge. Because of this, such a charge should not be treated as minor but rather an offense that could drastically impact his or her life personally and professionally.

Challenging a blood alcohol concentration test after a DWI charge

While many might view a drunk driving charge as a minor offense, this is actually considered a major traffic violation that could result in serious penalties if convicted. Thus, motorists in Virginia and elsewhere should take these charges seriously, noted the evidence used against them and ways to assert a defense against the pending charge.

Virginia sees fewer drunk driving fatalities than other states

Most people in Virginia are responsible when it comes to not driving under the influence of alcohol or drugs. They understand that drunk driving is a crime, and therefore avoid doing it. They may ride with a designated driver, hail a taxi or simply stay where they are if possible while they sober up. This may be reflected in new data from the National Highway Traffic Safety Administration stating that Virginia ranks among one of the areas of the United States with the fewest drunk driving fatalities.

Virginia police need reasonable suspicion to stop a car for DWI

Under the U.S. Supreme Court decision in Terry v. Ohio, a Virginia police officer can generally stop an individual for questioning, or pull a vehicle over, only if the officer has a reasonable suspicion a crime may have been committed. This means that with the notable exception of random DWI/DUI checkpoints, an officer cannot stop a car to check whether the driver is intoxicated unless the officer can articulate a reasonable suspicion of illegal activity.

What are the penalties for manslaughter after a boat OWI charge?

With the approach of the warm weather months in Virginia, many people will choose to spend time on the water and partake in boating. Part of enjoying days out in this manner might include the consumption of alcoholic beverages. There is nothing wrong with that unless the operator of the boat decides to drink as well. Similar to operating a car or truck after drinking, people who are charged with operating under the influence in a watercraft will face harsh punishments if there is a conviction. If the operator unintentionally causes the death of another while under the influence, there can be a charge of involuntary manslaughter.

When might there be an ignition interlock device after a DUI?

Virginia drivers who are confronted with charges related to driving under the influence of alcohol will undoubtedly be aware that they will face certain penalties in the event they are convicted. However, one potential consequence that is often understated and not fully understood is the ignition interlock device. This is placed on the vehicle that the person operates as part of their restricted driving privileges to ensure that he or she has not been drinking before driving.

Woman who hit unmarked police car is charged with drunk driving

Virginia drivers who are arrested for driving while intoxicated need to understand the various consequences they will face in the event of a conviction. Charges related to drunk driving can be limited to one or two issues or it can extend to multiple offenses, depending on the circumstances. Regardless of the individual situation, one of the most important factors for the case is to have legal assistance to craft a defense from the start. This is particularly true when there is an accident involved.

Fairfax County steps up driving while intoxicated investigations

Being arrested and facing conviction on charges of driving under the influence of alcohol or drugs in Fairfax and throughout Virginia can lead to harsh penalties. Simply being stopped on suspicion of drunk driving does not automatically mean that the person is instantly guilty. Law enforcement is capable of making mistakes in various aspects of investigating and pursuing a DUI charge. Therefore, this must be fully understood by those stopped and arrested for a DUI.

U.S. Supreme Court ruling might affect drunk driving charges

Drivers in Virginia who are stopped on suspicion of driving under the influence and are subsequently confronted with drunk driving charges are generally charged based on a breath test or a blood test used to determine whether or not they have more than the legal limit of alcohol in their system. A driver might commit breath test refusal and be charged for that independent of whether or not they are over the legal limit. Another charge can come from blood test refusal. However, a ruling by the U.S. Supreme Court might affect how evidence is accrued in an arrest after blood tests. In addition, the laws of the state that make it an offense to refuse to take a blood test a second time might need to be changed.

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Christie A Leary

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Law Offices of Christie A. Leary P.C.

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10505 Judicial Drive, Suite 203
Fairfax, Virginia 22030

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9300 W. Courthouse Rd., Ste 204
Manassas, VA 20110
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