
Does the Virginia Department of Motor Vehicles (DMV) assess demerit points for accidents?
If my Virginia license is suspended, can I drive in other states?
If I am licensed in Virginia and my privilege to drive is suspended in another state, can I continue to drive in Virginia?
If am licensed in another state and my privilege to drive in Virginia is suspended, can I continue to drive in the state in which I am licensed?
What does "released on summons" mean?
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.
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.
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.
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.
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.
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.
A Virginia legislative committee is scheduled to meet Monday and on the agenda is a review of the state's current DUI laws. The required use of the ignition interlock for DUI offenders is the most talked about subject. Lawmakers look to tighten the penalties currently in place.
Patricia Farris, a 5-year veteran of the Roanoke County Police Department, was arrested on Saturday by a colleague at sobriety checkpoint. Farris has been recognized for her efforts in putting molesters and murderers in jail; most notably, a 2007 case which convicted a man of molesting a 4-year-old student at a day care center and a 2008 case which convicted a many of murdering the mother of his 2 daughters. Now, Farris faces DUI, refusal and disregarding an officer's signal charges.
Virginia's dismissal of Commonwealth vs. Joseph A. Moses Harris has sparked national attention over DUI arrest procedures. The debate surrounds the cliché: "does the end justify the means?" Officers make hundreds of DUI arrests daily and defense attorneys argue different issues in every case. For defendant Harris, the issue was his Fourth Amendment right against an unreasonable stop. Chief Justice John Roberts has spoken out against the ruling stating is "grant(s) drunk drivers one free swerve". Defense attorneys argue it is a crucial victory against "overly zealous" police officers.
Reginald Leonard Davis was arrested Sunday in Virginia Beach on drunk driving charges. While in the magistrate's office, Davis reportedly "became agitated and fought with the officers". Two of the Virginia Beach officers were taken to the hospital for injuries sustained during the incident. Davis is being held without bond on charges of DUI, assaulting a police office, driving on suspended license, failure to maintain a lane, no seatbelt, improper seat adjustment and driving without registration.
Secretary of public safety, John Marshall and State Police superintendent, Col. W. Steven Flaherty are joining with the Southside Virginia Chapter of MADD to launch the Help Eliminate Alcohol Related Tragedies (HEART) campaign. They were in Chesapeake this afternoon to launch the campaign at the State Police office.
Nationwide, authorities are beefing up patrol on the roads looking for suspected drunk drivers. The campaign will start this weekend and last through Labor Day weekend.
Virginia State Police stepped up their patrol this past weekend in the state's 5th effort of Operation Air, Land and Speed. Troopers on I-66 wrote 348 speeding tickets, 82 reckless driving tickets, 17 safety belt tickets and arrested 2 people for DUI and 6 people for drug and/or felony offenses. I-64 Troopers cited 1,809 speeders, 312 reckless drivers, 135, safety belt violators and arrested 7 drunk drivers and 19 others on drug and/or felony offenses.
Trent Williams, 22-year-old first round draft pick for the Washington Redskins, was ticketed for reckless driving on June 6th. Williams was allegedly driving his 2010 Porsche 90 mph in a 55 mph zone. The rookie offensive lineman is reportedly looking forward to his day in court. He is expected in Fairfax County Court next week. Williams signed a 10-year, $60 million contract (more that $36.5 million guaranteed) with the Redskins in late July.
I-95, south of Richmond, was shut down early Tuesday morning after a truck carrying over 100 canisters of oxygen and argon crashed and overturned. There was concern that the canisters may leak gases and turn into projectiles. The interstate was reopened around 9am. Carl Vandevender, a 52-year-old Richmond man, was taken to the hospital for minor injuries and police have charged him with reckless driving.
The new legislation passed in the 2010 Session of Virginia General Assembly went into effect July 1, 2010. Below are some of the highlights as related to traffic and criminal legislation (for a complete list visit http://www.vsp.state.va.us/downloads/Selected_Acts_2010.pdf):
A person who operates a school bus transporting children while possessing/consuming an alcoholic beverage will not be guilty of a class 1 misdemeanor.
Law enforcement may question DUI/DWI suspects about the location of their last drink consumed for communication of that information to the ABC Board.
Juveniles may be found delinquent of possession of alcohol whereas before a case for such could only be deferred and dismissed upon completion of terms.
Restricted driving privileges for children found delinquent for offenses involving alcohol, firearms and truancy are eliminated when school provided transportation is available.
Certificates of analysis (ie BAC certificates) are admissible at preliminary hearings without testimony of person who prepared report and a fee of $50 will be assessed to any defendant who requires testimony of such person and is found guilty.
Restricted driving privileges may be granted to and from a place of religious worship 1 day per week.
Restricted driving privileges may be granted to and from appointments required by Division of Child Support Enforcement, Department of Social Services and for court-ordered programs for child support.
Driving suspensions for DUI/DWI will run consecutively with any other court-ordered suspension for DUI/DWI.
DUI/DWI suspects may be arrested whether or not offense occurred in the officer's presence.
A vehicle driven by a person without a license who has previously been convicted of driving without a license, may be impounded for 3 days.
Restricted driving privileges may be granted for drivers without a valid out-of-state license upon the same conditions as if that person held a valid Virginia license.
The maximum highway speed limit increases from 65 mph to 70 mph.
Fairfax General District Court Judge Ian O'Flaherty dismissed the reckless driving case against the driver of the 18-wheeler who collided with Senate Majority Leader Harry Reid's wife in early March. Brendan Harold, defense attorney for Alan Snader (the driver), effectively argued that the prosecution had no proof that his client had caused the accident. Snader claimed that Reid had suddenly cut in front of him causing the collision.
Landra Reid, wife of Senate Majority Leader Harry Reid was seriously injured in an accident in Fairfax County yesterday. She broke her neck, back and nose and while expected to recover, she was in serious condition overnight at the hospital. The couple's daughter, Lana Barringer, suffered minor injuries to her neck and face and was released from the hospital. The accident happened on Interstate 95 Thursday afternoon. Barringer's vehicle was rear-ended by a tractor-trailer and then forced into the next lane where it hit another car. None of the injuries were considered life-threatening. The driver of the tractor-trailer was charged with reckless driving.
Melinda Woodward, a 38-year old woman from Abingdon, VA was stuck and killed while making a left turn at a green light onto Gate City highway in Bristol, VA. It is believed Woodward was victim of a high-speed street race between a silver Pontiac Trans Am and a red Mustang. The Trans Am driver, 19-year old Joseph Rose, and his passenger were treated and released by Bristol Regional Medical Center. The Mustang fled the scene and police are searching for the driver. Police are also reconstructing the accident to prove racing was involved.
The Loudoun County Sheriff's office is requesting anyone with information on the whereabouts of Joseph S. Schrotz contact them. Schrotz is wanted for grand larceny, disregarding a signal to stop, reckless driving and driving on a revoked license as a result of a December 11th pursuit of a stolen car. Loudoun County Crime Solvers can be reached at 703-777-1919.
A driver in Arlington County was ticketed with a fourth offense HOV violation on Thursday during the second wave of the county’s Operation HOV Crackdown. HOV violators are one of the biggest complaints made to police in the jurisdiction, so tougher fines and ramped up patrol are out to stop the trend. First time offenders face a $150 fine, second time offenders a $250 fine, third time offenders a $500 and fourth time offenders a $1000 fine.
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