Virginia Launches “Checkpoint Strikeforce”

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. 

Ignition Interlock Requirements for First Time DUI Offenders Passes the House

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 10^th, 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.

VA Legislative Committee to Review DUI “Loopholes”

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.

Off-Duty Officer Crashes into 2 Officers and Suspected of DUI

Two Bridgeville, PA police cars were hit last Friday by an off-duty officer.  The police officers in each of the cars were injured and the off-duty officer who caused the accident is under suspicion of drunk driving.  Police are not identifying any of the officers involved at this point.

Federal Prosecutor Pleads ‘Not Guilty’ to DUI Charges

Federal Prosecutor Gerard Sullivan of Warwick, Rhode Island was arrested on Thanksgiving after refusing to submit to a blood alcohol test.  Sullivan was one of many arrested on the holiday; however, he was reportedly the only one arrested for refusal without a drunk driving charge.  Late last week, Police Chief Stephen McCartney released a statement that they would be adding the DUI charge to Sullivan for "fundamental fairness".  Sullivan has pleaded ‘not guilty'.

Tiger Woods Avoids DUI Charges

By now, everyone has heard the stories surrounding Tiger's incident.  The latest reports indicate he has narrowly avoided DUI charges due to a combination of police error and, as ironic as it may seem, marital privilege.  Presumably, Tiger's wife was the "bystander" who removed him from the vehicle after the crash and stated to police that he had consumed alcohol earlier in the day.  Since police did not initially request blood alcohol testing and since spousal privilege includes the right not to testify against each other, the recent investigative subpoena for medical records was denied citing "insufficient information".  Still, Tiger has his hands full searching for defenses!

Colorado DOT Releases Phone App to Curb DUI Offenses

The Colorado Department of Transportation has come out with a new phone application targeting drunk drivers . . . or would be drunk drivers.  The application uses a person's age, sex and alcohol consumption to calculate blood alcohol concentration.  It also includes phone numbers for local taxi cab services for drivers who find they are over the limit.

ABA Journal Commends California DUI Attorney, Lawrence Taylor and Associates

Nationally known as the "Dean of DUI Defense", Lawrence Taylor is being recognized by the ABA Journal for his expertise and specialization in DUI defense. 

Congratulations, Mr. Taylor!

DUI Education Campaign Planned for Virginia

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. 

DUI Stings in Kane County Chicago Meeting Resistance from Police

Kane County Prosecutor John Barsanti introduced a "No Refusal" program on Memorial Day 2008.  "No Refusal" is DUI sting designed to pursue further charges for persons suspected of drunk driving who refuse to submit a blood or breath alcohol test.  In such instances, police officers would request a subpoena from a judge to require suspects to submit blood for analysis.  Such subpoena would trigger new charges if not followed. 

The "No Refusal" program is controversial; although it is intended to relieve the Kane County roads of potentially dangerous drunk drivers, it is seen as an abuse of power.   It is within the law to subpoena a suspect's blood and the subpoena cannot be granted without just cause; however, the fear is that officers and officials will exaggerate circumstances. 

The resistance Barsanti is meeting from some law enforcement agencies is believed to be related to the concern that defendants may file lawsuits.

Supreme Court decision requires Constitution be upheld in DUI / DWI and Drug cases!

The June 25, 2009 Melendez-Diaz decision by the Supreme Court of the United States is a huge step in the right direction for Virginia criminal defense, particularly in cases involving DUI / DWI and drug offenses.  This decision confirms loudly and clearly that the state can not rely on affidavits to prove the case.  Virginia DUI / DWI and drug offenses have long been prosecuted using certificates of analysis (affidavits) indicating a blood alcohol content, or that a tested substance was marijuana, cocaine, etc., without actually bringing any witnesses to court to testify.  This decision does not necessarily mean there will be more dismissals of DUI / DWI or drug cases in Virginia, but it unquestionably upholds the right of the accused, as contained in the Sixth Amendment to the United States Constitution, to confront the witnesses against him - a right which courts acknowledge has at times been disregarded for the sake of making it more convenient to prosecute DUI / DWI and drug cases.  

Donte Stallworth Kills a Man While Driving Drunk and Gets Just 24 Days in Jail

New Jersey Supreme Court, judges and allegations of DUI / DWI and Domestic Violence

Pilot With 7 DUI / DWI Convictions Arrested Again for DUI / DWI

Many people are able to consume alcohol responsibly and never get arrested for DUI / DWI.  Others use poor judgment, end up convicted of DUI / DWI and pay a dear price which may include a jail sentence, a driver license suspension, a loss of employment, financial expenses for a fine, court costs, increased insurance premiums, alcohol counselling, etc., and many other collateral consequences of a DUI / DWI conviction.  For many, the hassle, expense and financial impact of the first arrest combine to persuade the offender to never make a similar mistake, but others, do it again.  And a select few do it over and over and over.  Such was the case for Elkhorm pilot,  David Betts.

Despite apparently being convicted of DUI / DWI seven times between 1990 and 1997, and serving six months in jail after crashing into powelines in a Milwaukee neighborhood, David Betts has been arrested again for DUI / DWI.  (Click here for full story) 

$109,000 Fine for Drunk Driving

Everyone knows that if you are convicted of a DUI / DWI offense in Virginia it will cost you thousands of dollars - but $109,000? 

In Virginia, the maximum fine amount for DUI / DWI offenses is $2,500 and it doesn't matter whether the DUI / DWI offender is indigent or incredibly wealthy.  However, Norwegian courts have a different system in which they determine the amount of the fine based upon the offenders income and personal wealth.  It is this system that resulted in a DUI / DWI offender being fined the equivalent of $109.000 for drunk driving.  

So remember, as tough as Virginia DUI law is and as much as a conviction for a Virginia DUI / DWI will cost you, it could always be worse.  

Click title above for more information.      

The Kind of Virginia DUI Lawyer You Should Fear

When a Virginia DUI Arrest Isn't the Worst of Your Problems - Vito Fossella

Virginia’s 5th “Operation Air, Land and Speed” Effort Yielded Many Citations

Virginia State Police stepped up their patrol this past weekend in the state's 5^th 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.

Virginia Homeless Man Arrested in Carjacking Incident

Robert George Howard was arrested Wednesday following a chase that spanned the Virginia counties of Hampton, Newport News and York.  Howard allegedly forced the driver of the 2007 Ford Mustang to drive to several locations and to withdraw money, finally letting the victim out of the car and fleeing in his vehicle.  Ultimately, Howard what charged in Hampton County with carjacking, robbery, abduction and three counts of use of a firearm in the commission of a felony; and state police charged him with grand larceny, DUI, reckless driving, driving on suspended-4^th offense, and littering.  Howard is 30-years old and is being held without bond in the Virginia Peninsula Regional Jail.

Goochland County Fugitive Arrested without Incident

Suspect Flees Police Custody in Goochland County Magistrate’s Office

Derick Kevin Hewlett (30-year old, 6'4", 210 pound, black male) was arrested Monday afternoon in Goochland County on felony eluding and DUI charges.  While being processed, Hewlett escaped police custody and is still at large. 

Anyone with information on Hewlett's whereabouts are asked to call Virginia State Police Communications at 804-553-3445.