
Virginia State Police have joined forces with Governor Bob McDonnell to make the state's DUI laws among the toughest in the nation. State troopers are teaming with local authorities to set-up checkpoints. The checkpoints will be state-wide, weekly and will begin now lasting through the end of the year. Reportedly the campaign will target men between 21 and 35 years of age.
William Blaine Larimer, a 57-year-old Spotsylvania man, was arrested on I-95 Friday afternoon for drunk driving. Larimer was driving an 8-passanger vanpool when he was arrested. Police were alerted to the Larimer's possible intoxication by a fellow driver who called into police to report his erratic driving. A State Trooper stopped the van after observing the driver weave. Larimer was charged with a second offense DUI, refusal to submit a breath/blood test and failure to obey highway markers.
James Riddick, arrested on February 7th, pleaded ‘no contest' to DUI charges in Virginia Beach court today. Riddick, a 16-year-veteran of the Virginia Beach Police Department, was sentenced to 6 months in jail will all 6 months suspended, a $1,000 fine, 100 hours of community service, 12-month loss of license and VASAP. Riddick remains on administrative duty with the police department pending an internal investigation.
Craig A. Watson has, so far, only been charged with driving under the influence following the early Wednesday morning crash into a house that killed three people. The Norfolk Commonwealth's Attorney's office is reviewing the case to determine if Watson will be charged with manslaughter. The victims in the accident were passengers in Watson's vehicle: Marquita Walker, 19-years-old, died at the scene; Paris Shorter, 18-years-old, died at the scene; and Karnell Faulkner, 29-years-old, died at a local hospital. Watson's 2 other passengers survived the crash. Watson is a 30-year-old resident of Norfolk.
Carlos A. Martinelly Montano was arrested on August 1st after crashing his car into another killing one, a Benedictine nun, Sister Denise Mosier. The two other nuns traveling with Mosier are still in the hospital listed in serious condition. Reportedly, this is Montano's third DUI arrest in Prince William County in the past five years. While awaiting deportation proceedings, Montano was free on bond. He now faces charges of DUI and involuntary manslaughter.
Many are outraged over the statistics that report 13% of DUI arrestees in Prince William County in 2009 were illegal aliens. Montano, as is the case for many others, held a valid Virginia driver's license.
A road rage incident early Sunday morning in Sonoma County, California turned into a DUI arrest of an 18-year-old driver. Police stopped the Acura driven by Carlos Gomez after receiving a phone call from a woman claiming to be the victim of road rage. Gomez was subsequently arrested for DUI, driving without a license, driving without insurance and assault with a deadly weapon-his car.
German Marquez was charged three years ago with DUI and Refusal in New Jersey following a 2 car accident. The defense attorney for Marquez defended that his client did not consent to the test because he did not understand the English explanation as he only speaks Spanish. Marquez was convicted and appealed only the refusal charge. The New Jersey Supreme Court overturned the conviction today, ruling that the breathalyzer testing must be explained in the suspects native language. New Jersey is the first state to mandate such.
John Tucker, III was arrested on drunk driving charges early yesterday morning after running his SUV through a work zone on I-295 and seriously injuring a VDOT worker. Robert Harrison, the victim, was rushed to VCU Medical Center and is listed in serious condition. Tucker is a retired Henrico County police officer. He refused to take a breathalyzer.
Tom Lewand, a 16-year veteran of the NFL Lion's organization, was arrested Friday night on suspension of drunk driving. Reportedly, Lewand said he was the designated driver when confronted by police; however, he subsequently registered a .21 and a .20 blood alcohol levels. NFL Commissioner Roger Goodell instituted a policy in 2007 that drew a hard line for conduct of league employees; Lewand faces penalties from the league even before the criminal case is decided. Lewand's position as President of the Lion's is one of the highest ranking team executives. He is expected to meet with Goodell.
Ryan Lance Roland, 24-years old, reported his 2001 Acura Integra stolen on Saturday. Atlanta police searched for the car for hours and finally caught up with it. To their surprise, Roland himself was the driver and was allegedly under the influence of alcohol. Roland was arrested and admitted that he had let a friend borrow the car and he only reported it stolen after that friend failed to return it on time.
Shawn Anthony Hott, a 36-year-old Maryland man, had to be carried to an officer's patrol car in the bucket of a farmer's tractor after he collapsed behind his truck. Officers attempted to stop Hott who fled by way of farm fields, nearly hitting a heard of cows in Glenville, Pennsylvania. When Hott finally surrendered, he collapsed behind his truck which almost ran over him as it drifted backwards. Hott was arrested for DUI.
Mary F. Kennedy, the 50-year old wife of Robert F. Kennedy, Jr. was arrested on drunk driving charges after running over a curb at St. Patrick's School in New York. Reportedly, Kennedy failed some field sobriety tests and her blood alcohol content registered a 0.11%.
Fox 5 News reported last night that the side effects of Ambien have been linked to strange and dangerous behavior by those who have been prescribed the popular sleep aid. This is of particular interest to our industry as we have seen an increase in the number of DUI arrestees who site Ambien as a prescribed medication they ad taken prior to their arrest. Unfortunately, the stronger warning labels as ordered by the FDA have come too late for some people.
Teresa Tracy, a 50-year old Girl Scout leader from Canton, CT, was arrested on Friday while driving 4 teenage scout members to a camping trip. Tracy was stopped in West Hartford after police received calls about an erratic driver. Tracy registered a blood alcohol content of .31%.
Reportedly, this is the second time the 80s hair band Warrant star, Jani Lane, has been arrested on drunk driving charges. Interestingly, both cases involved Lane hitting a parked car and it is said that the same officer made both attests. Lane was first arrested in June of 2009 and was sentenced to 3-years probation, alcohol-education and community service. Lane is said to have missed two court appearances in the first case before complying. The singer was released at 3 a.m. following his latest arrest this weekend.
Dana Seaman, a 61-year old man from Central Florida, was stopped in Marion County after officers observed him swerve. Upon being asked to perform filed sobriety tests, Seaman took a drink from a cup in his car and then tossed it under the passenger seat. Officers claim the cup smelled of alcohol. Seaman was arrested on DUI charges and refused to submit to the breath test.
Dorell Wright, 24-year old NBA player, was arrested on drunk driving charges a couple of weeks ago and is now speaking publically about his intentions to recover from the mistake. Wright is not seeking forgiveness, rather the opportunity to prove himself beyond the DUI charge.
Wright said: "I feel like I owe everybody even more now. This situation makes me want to grind even more - like 10 times harder. I put myself in a messed-up situation, and not only that but my career was put on the line as well. So I just look at it like I have to leave it all out there every night."
Spencer Havner, 27-year old linebacker and tight end for the NFL's Green Bay Packers was arrested at Sierra Nevada Memorial Hospital in Grass Valley California on DUI charges following a motorcycle accident, which left him injured. Havner reportedly was not wearing a helmet when he wrecked early Monday morning. He suffered a broken shoulder blade, cuts to his head and arm, and multiple abrasions.
Betty Burden, a 54-year old school bus driver in Chicago, IL was arrested Tuesday on DUI charges. Reportedly a co-worker noticed Burden smelled of alcohol and notified the authorities. Burden dropped off 50 school children before she was arrested, registering a blood alcohol content of .226%.
It is illegal for bars and restaurants in Virginia to serve alcohol to those who are "buzzed". A bill has made its way through the Virginia House of Representatives that would require police officers to ask drivers where they had their last drink upon being pulled over for DUI. This information would be relayed back to the Alcoholic Beverage Control Board. Delegate John O'Bannon (R-Henrico) is sponsoring the bill.
Margot Kassmann, Protestant minister and head of the Evangelical Church in Germany, was stopped in Germany over the weekend after she ran a red light. Kassmann was controversial choice as leader of the Church because she is divorced and has a reputation as a modernizer and a supporter of improving ties with Catholics. Her BAC reportedly registered three times the legal limit.
Byron Westbrook, cornerback for the Washington Redskins was arrested Friday night on DUI charges in Charles County. Westbrook was stopped after a Sheriff saw his car swerve. It is reported Westbrook did perform the field sobriety tests and was released on personal recognizance.
Currently, Virginia law requires ignition interlock devices installed on the vehicles of DUI offenders who have prior DUI convictions and first time DUI offenders who register a BAC of 0.15% or higher. On February 10th, Virginia's House of Representatives passed a bill that would require the ignition interlock device be installed on all DUI offenders despite their prior convictions or BAC levels. The bill is now being considered by the state Senate-Courts and Justice committee.
Donte Stallworth, former wide received for the New England Patriots, has been reinstated by the NFL. This ends a one-year suspension, triggered by a DUI manslaughter case last summer that killed a pedestrian in Miami Beach, FL. Stallworth served a 30-day jail sentence for the incident. Stallwoth reportedly is willing to play for any of the NFL's 32 teams and his agent expects he will sign "in the next couple of weeks at the latest."
Thomas Scott Vandegrift plead no contest to a 2008 Virginia DUI charge and received a six-month suspended sentence, a $750 fine and a 12-month loss of license. Vandegrift is now filing a lawsuit which alleges Roanoke, VA sheriff's deputies beat him while in custody when they became annoyed with his burping. The burping is said to have been caused by acid reflux which is a stormy issue in the world of DUI defense.
The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
| Phone: | (703) 361-6100 (540) 347-4944 |
| Fax: | (703) 365-7988 |
Penalties for a DUI / DWI in Virginia
Fallacies of Breath and Sobriety Tests