Virginia DUI Lawyer
Virginia DUI
DUI1.com: How NOT to Choose a DUI Lawyer!
Category: Virginia DUI
A national internet directory, www.DUI1.com has sent an ad recruiting lawyers to list themselves on their website by stating, "Do You Know How to Plead a Client Guilty? If Yes, You Are a Qualified DUI Lawyer."
Their website proclaims unethically "it's possible to have your charges dismissed with the help of a skilled DWI legal counselor." Wait, I take that back, it is "possible" that your charges will be dismissed with the help of a skilled DWI counselor. Unfortunately this website is recruiting lawyers whose only skill is to plead you guilty! Click the link at the end of this sentence to view this actual ad and read comments from Virginia DUI Lawyer Bob Battle.
This sad state of affairs which misleads those charged with a DUI who are searching for a lawyer on the internet motivated Richmond Virginia DUI Lawyer Bob Battle to write the Consumer Guide "How to Choose a DUI Lawyer in Virginia" and to team with a group ot extremely talented, bright, ethical colleagues to create www.DUIanswer.com. As contrasted with the "Plead 'em all guilty" directory, the lawyers on www.DUIanswer.com have to apply to be included on the website and there is only one lawyer per jurisdiction. Click the link above to watch videos and read more about DUIanswer.
Richmond DUI with .20 BAC reduced to Reckless Driving
Category: Recent Wins
RICHMOND GENERAL DISTRICT COURT- A DUI defendant in Richmond, Virginia who was involved in a single car accident which resulted in in his car being flipped over and who had a BAC of .20 and was also charged with Possession of Marijuana pled guilty to a reduced charge of Reckless Driving. The possession of marijuana charge was dismissed.
FACTS: Client's car ran off the road and was overturned and client was knocked out. A concerned citizen called the Virginia State Police on their cell phone. The investigation by the Virginia State Trooper revealed that the client had been drinking and also had a small amount of marijuana in his possession. Client was taken to the hospital and a blood test there revealed his BAC was a .20. (2 1/2 times the legal limit in Virginia!)
DEFENSE: The Citizen witness did not actually see the accident. The Virginia Implied Consent Law, says that anyone driving on the highways of Virginia has given their "consent" to a blood or breath test if they are arrested for DUI or a similar offense within three hours of the driving behavior. The prosecution was unable to prove that the client was arrested within three hours of his driving behavior.
RESULTS: the DUI charge was amended to a charge of Reckless Driving and the Possession of Marijuana charge was dismissed pursuant to a plea bargain.
COMMENT: This case once again demonstrates what Richmond, Virginia DUI Lawyer Bob Battle emphasizes in part 2 of his free Consumer Guide "How to Choose a DUI Lawyer in Virginia" subtitled "20 Ways Lawyers who are 'Asleep at the Wheel' of Your Virginia DUI Trial can LOSE Winnable Cases!" Number 20 on this list states:
20. Failure to spot multiple issues that arise in DUI accident cases.
Quite often, a client charged with DUI has been involved in a single car accident that the officer did not observe. Very often, the officer is unable to prove that your client was driving or that he had not been consuming alcohol after getting into the accident and exiting the vehicle. By statute, the officer must arrest the suspect within three hours of the driving behavior. If you have been drinking and are involved in a single car accident, it is absolutely crucial that you exercise your right to remain silent. Furthermore, if the alleged drunk driver is injured, often a blood test is taken at the hospital. Rarely do the hospitals follow the statutory requirements and these hospital blood tests can be kept out of evidence at trial.
To get your free copy of "How to Choose a DUI Lawyer in Virginia," fill out the form on the top of this webpage- BobBattlelaw.com
Henrico County Legal Action Challenges Constitutionality of Virginia's Civil Remedial Fee for Traffic Convictions
Category: Virginia Reckless Driving/Speeding
Two Virginia lawyers were so anxious to challenge the Constitutionality of the new Civil Remedial Fee for traffic convictions that they filed without the one important necessity before the Henrico County General District Court could consider their Motion- a client! One of the basic tenets of the American judicial system, something that a lawyer learns in their first week in law school, is that the courts only hear actual pending "cases and controversies." Thus, there must be a client with legal "standing" to raise the issue. Judges and courts have never been in the business of issuing advisory opinions.
The new Virginia Civil Remedial Remedial Fees for Traffic Offenses law only applies to those charged with Reckless Driving Speeding, DUI, or one of the other included offenses after July 1, 2007, who are also licensed in Virginia. Thus, it will be late July/early August before the courts will be flooded with cases that the mandatory huge fines will be added to on top of what happens in court.
Why are lawyers like Virginia Reckless Speeding Lawyer Bob Battle chomping at the bit to attack these huge fees? Easy- we feel these laws, which unfairly apply only to Virginia drivers, are unconstitutional. The fees violate the United States Constitution for two reasons: they are a separate and additional punishment and therefore violate the Double Jeopardy Clause, and they violate the Equal Protection Clause because they apply only to Virginians and not to out-of-state residents. Furthermore, there is an argument that the laws violate the Virginia State Constitution because the fines are not going to Virginia's Literary Fund, in violation of Article VIII, Section 8 of the Virginia Constitution.
Virginians Outraged Over Civil Remedial Fees for Traffic Offenses
Back on May 31, 2007, Virginia Reckless Speeding Lawyer Bob Battle posted an article on the huge increase in fines for Reckless Driving, DUI and other traffic offenses. The law does not apply to mere speeding tickets; it applies to Reckless Driving Speeding convictions. However, Virginia criminalizes speeding 20 or more miles above the speed limit or doing 81 mph or more in a 65 mph zone. Thus, someone who was doing nothing the least bit "reckless" could now be facing a "$3,550 Speeding Ticket."The new law applies to anyone charged after July 1, 2007, and the law only applies to Virginia drivers.
These excessive fines have outraged Virginia drivers. A petition to repeal the Virgina Civil Remedial Fees for Traffic Offenses already has over 72,000 signatures.
Even before the passage of these excessive fines, it was prudent to hire an experienced lawyer to defend these cases. Richmond Virginia Reckless Driving Speeding Lawyer Bob Battle has helped 1000's of motorist to escape Reckless Driving convictions- most of the time successfully representing these clients without their even having to go to court. Read more about Virginia Reckless Speeding Law.
Richmond Virginia DUI Lawyer Bob Battle Profiled in The Washington Times
Category: Virginia DUI
Virginia DUI Lawyer Bob Battle's move to Richmond and his hilarious ad reminding fellow lawyers that he was "alive and well and living in Richmond" was one of the featured items in The Washington Times on June 28, 2007, in the "Inside the Beltway" column of award-winning journalist John McCaslin. To read the article click Southern Battle and scroll to last news item titled "Southern Battle."
To see Bob Battle's entire ad from Virginia Lawyers Weekly, click below to go to the Library section of his website BobBattleLaw.com.
Huge Increase in Fines for DUI, Reckless Driving in Virginia Begins July 1, 2007
Category: Virginia DUI
In House Bill 3202, the transportation funding bill, the Virginia General Assembly established a new system of "civil remedial fees," the purpose of which is "to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth."
A friend of mine (admittedly not the most optimistic fellow) once told me, "Don't ever say that things can't get any worse, because they always can!" This statement is extremely appropriate to this new law which takes effect in Virginia on July 1, 2007, which drastically increases the fines that Virginia drivers will have to pay if convicted of certain serious traffic offenses such as DUI and Reckless Driving Speeding.
One of the odd parts about this law (which coincidentally may make it open for a legal challenge that the law is unconstitutional), is that it only applies to Virginia motorists and not the many thousands of out-of-state motorists convicted of traffic offenses every year in Virginia. The law does not increase penalties for mere traffic infractions such as speeding (as opposed to Reckless Driving Speeding.)
The new law, which states that it is assessing "civil remedial fees" on drivers, will automatically add an additional fine of $3,000 to any felony traffic offense, $2,250 to any DUI conviction, and $1,050 to a reckless driving conviction for Virginia licensed drivers. The DUI and reckless driving misdemeanor statutes already carry with them a maximum fine of $2500.
Josh Hancock family lawsuit against bar alleging responsibility for his drunken driving death would not be allowed in Virginia
Category: Virginia DUI
The father of former St. Louis Cardinals pitcher Josh Hancock, the baseball player who died recently while driving drunk, has filed suit against a number of entities, including the driver of the car that had stalled on the road, the pickup truck that had stopped to assist that car and the bar where Hancock spent several hours allegedly drinking.
Such a lawsuit would not win in Virginia. Even before getting to the issue that Virginia does not allow "dramshop" lawsuits against bars (usually, these suits involve someone injured by the drunk driver suing the bar where he got drunk), Virginia also still maintains the contributory negligence standard in personal injury actions. As Northern Virginia Personal Injury Lawyer Ben Glass explains about Virginia:
Here, if you are in any way, even one percent, responsible for your own mishap, you lose. In Virginia, even if the bar served him and he went out and killed someone else, that other person's family wouldn't win against the bar.Not to minimize his death.. .his death is tragic...this lawsuit is silly.
Maybe his father's time would be better spent telling his son's story to a whole bunch of high school kids.
Visit Richmond DUI Lawyer Bob Battle's website for more details about this story.
FDA warning on sleeping pills Ambien and Lunesta includes danger of "sleep-driving"
Category: Virginia DUI
The Food and Drug Administration (FDA) has issued warnings stating that prescription sleeping pills can cause unusual behavior like driving and eating while asleep. The FDA ordered the makers of Ambien, Lunesta and 11 other commonly used sleep medications to issue strong new label warnings those risks.
The agency had been reviewing the side effects of sleeping pills since last year, after some users of the widely prescribed drug Ambien complained that they sleepwalked and gorged themselves on food or were arrested while driving in their sleep. In each case, the consumers had no recollection of the events, which occurred after they had taken Ambien and gone to bed.
The agency said that it had reviewed its database of reports of problems with the 13 commonly used sleep medications and concluded that labeling changes were needed. In a news release today, the F.D.A. warned patients of the potential for "complex sleep-related behaviors" which may include "sleep-driving, making phone calls and preparing and eating food (while asleep)."The release defined "sleep driving" as "driving while not fully awake after ingestion of a sedative hypnotic, with no memory of the event."
Read The New York Times article "FDA Issues warning on sleeping pills."
Chesterfield County Police Increase DUI Patrols for Proms
Category: Virginia DUI
Police in Chesterfield County, Virginia, have initiated a new DUI zero tolerance enforcement policy titled "Operation Prom." The police departments have transported a number of badly damaged cars to the grounds of Chesterfield County high schools to emphasize the horrible accidents that could be caused by a drunk driver.
Police are promising tough enforcement against anyone who is underage and drinking and also have promised to prosecute any parents knowingly allowing their teenagers to drink alcohol on prom night.
Chesterfield police will continue Operation Prom throughout the month of May and through graduation, which is also right around the corner.
Virginia University President Fired after DUI Arrests in Fairfax and Fredericksburg
Category: Virginia DUI
After 10 months on the job, William J. Frawley was fired "for cause" as president of the University of Mary Washington yesterday after being charged with back-to-back DUIs in Fairfax and Fredericksburg ,Virginia in mid-April.
On April 10, 2007, Raleigh was involved in an accident in Fairfax and taken to Inova Fairfax Hospital. He was subsequently charged with DUI as a result of this incident. Frawley left the hospital the following morning against medical advice. The following afternoon, he was arrested by Fredericksburg police for another DUI and Refusal to Take a Breath Test.
In a statement released to the media and students, the school said Frawley had been involved in a traffic accident in northern Virginia on Tuesday, had been admitted to Inova Fairfax Hospital and left Wednesday morning against advice.Later, a witness said she saw Frawley across a bridge in a car with a missing front wheel. She told a 911 operator that he was driving recklessly, police said.
To read more, click here.
Alabama Woman on Horseback Charged with DUI
Category: Virginia DUI
Although riding a Zamboni on an ice rink while drunk is not a DUI in New Jersey, riding a horse under the influence does violate Alabama's DUI law. A woman in Alabama, Melissa York, who used her horse to ram a police car, was charged with DUI in Sylvania, Alabama. According to Police Chief Brad Gregg, Alabam DUI laws extend to riding a horse under the influence.
After ramming the police car with the horse and riding away, York tried to jump off but caught her foot in a stirrup, Gregg said. The officer took her into custody and found she had crystal methamphetamine, a small amount of marijuana, pills and a small pipe, the chief said.
The horse, which belonged to York, "wasn't in the best of health, but it's still alive," Gregg said.
Remember boys and girls, "Narcotics and Nags Don't Mix!"
To read the article, click here.
New Jersey Judge Overturns DUI While Operating Zamboni on Ice Rink
Category: Virginia DUI
A New Jersey judge has overturned a conviction for DUI against a man who was driving a Zamboni at an ice rink. The judge held that the Zamboni does not meet the definition of a "motor vehicle" under the New Jersey DUI statue.
The Zamboni driver, John Peragallo, was charged with DUI after a fellow employee told police that Peragallo was speeding and nearly crashed his huge ice scraping machine into the boards at an ice rink in Morristown New Jersey. His BAC was 0.12 percent when arrested, over New Jersey's limit of 0.08 for DUI. Peragallo appealed his conviction and a New Jersey Superior Court Judge overturned his license suspension. According to the judge, Peragallo was not operating a "motor vehicle" as defined in the DUI statute because a four-ton Zamboni is not usable on highways and cannot carry passengers.
Peeling sticker case to be reheard by entire Virginia Court of Appeals
Category: Virginia DUI
Back in February, I posted about a decision by a panel of the Court of Appeals which ruled that the mere fact that a motorist's car had a peeling inspection sticker was not enough to justify a police officer's stop. That fact alone didn't provide the "reasonable suspicion" of criminal activity needed to make the stop, according to the panel, which suppressed evidence and drugs and a gun found in the car.
The 2-1 panel opinion was written by Chief Judge Walter S. Felton Jr., joined by Senior Judge Johanna L. Fitzpatrick. Judge Elizabeth A. McClanahan dissented. This morning, the Virginia Court of Appeals issued a notice that it will rehear the case, Moore v. Commonwealth, en banc.
Woman arrested on DUI charge after driving on Atlantic City Boardwalk
Category: Virginia DUI
Even the most zealous, "scorched earth litigator," never waive anything in court except the flag, DUI defense attorney would probably have to concede that the police had grounds to stop this driver. A woman who had been drinking mistook the famous Atlantic City Boardwalk for a road. A police captain stated that he was on patrol when the car sped past him on the Boardwalk. The officer gave chase with lights and siren when the car made a U-turn and nearly struck his patrol car. The officer broke off the chase when speeds reached 40 mph because of the fear for the safety of the few pedestrians on the wooden structure.
The driver was eventually cut off by two motorcycle officers and charged with DUI, reckless and careless driving, and driving on the Boardwalk.
Montana DUI suspect's claim that unicorn was driving actually mistaken humor
Category: Virginia DUI
A story first reported last week in the Billings Gazette and picked up nationally that a DUI suspect claimed that a unicorn was driving his car turned out to be a mistake based on a misinterpretation of a slang expression used by one prosecutor in an e-mail to the prosecutor who was appearing in court at a bond hearing. Yellowstone County Attorney Dennis Paxinos called a press conference to set the record straight.
In what turned out to be a case of crossed e-mails and misinterpreted attorney slang, one prosecutor was relating to the deputy prosecutor who was going to appear in court that the defendant was planning to use the "SEDI defense" (an acronym for the claim that "somebody-else-did-it.") The prosecutor relayed to the deputy prosecutor that the defendant was planning on using "the unicorn defense," which suggests that some mythical person was driving at the time of the incident. Unfortunately, the deputy prosecutor who appeared in court to argue a high bond for the defendant charged with DUI and felony criminal endangerment, was not in on the joke, and stated in open court that the defendant had in fact asserted when he was arrested that a unicorn was driving.
Continue reading "Montana DUI suspect's claim that unicorn was driving actually mistaken humor"
Virginia Court of Appeals Rules Peeling Decal Not a Legal Basis to Stop Motorist
Category: Virginia DUI
The Court of Appeals of Virginia reversed convictions for "possession of cocaine with intent to distribute" and "possession of a firearm after having been convicted of a felony" against a criminal defendant because the officer, who pulled the vehicle over solely because an otherwise valid inspection sticker was partially peeling away from the vehicle's windshield, lacked the Constitutionally mandated "reasonable suspicion" to justify the traffic stop.
In the opinion for Moore v. Commonwealth, the Court of Appeals noted that it is legal to remove a valid inspection sticker from a vehicle's broken windshield and reattach it to the vehicle's new windshield without submitting the vehicle to re-inspection. Given the fact that the number of auto glass repair shops springing up in Virginia seems to be about the same as the number of Starbucks stores, and that one can't open a "Val-Pak" mailer without 5 or 6 auto glass repair coupons inside, a contrary ruling would give rise to a potentially large number of pre-textual stops by law enforcement officers.
Continue reading "Virginia Court of Appeals Rules Peeling Decal Not a Legal Basis to Stop Motorist"
Talking Urinal Cakes Preach against DUI
Category: Virginia DUI
No, this story is not made up nor is it the premise of my latest bit for my standup comedy act. The state of New Mexico has ordered 500 talking urinal cakes which will deliver a recorded anti-DUI message to bar and restaurant patrons while they are urinating. These "Wizmark" devices bear the state's anti-DUI slogan, "You drink, you drive, you lose."
The message against drinking and driving will begin once the urinal senses it has a visitor with its proximity device. (However, it cannot tell if a restroom user is actually drunk.)
Virginia DUI Lawyer's Expertise & Wit Make His Blog a Must Read
Category: Virginia DUI
Bob Battle is thrilled to announce the moving of his extremely popular blog "Virginia DUI Lawyer" to ClarisLaw.com. This blog provides more valuable information and insight about Virginia traffic, DUI and criminal law and related topics. As radio personality Chip Franklin has stated, "I love checking out Bob Battle's blog on traffic and law related matters. It is the print version of his segment on my radio show called 'Law and Disorder.' The blog is just like Bob Battle- intelligent, informative, always interesting, and, quite often, hilarious."