Virginia Beach Police Sergeant Guilty of DUI

James Riddick, arrested on February 7^th, 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. 

SCRAM Anklet Offers Alternative for DUI Offenders

As we all know, the state of the economy has forced cutbacks in all industries.  Businesses and governments across the nation are implementing new procedure to achieve the same means within a smaller budget.  Law enforcement is not outside this umbrella and, interestingly, neither are those convicted of certain crimes.  Some states and counties are choosing to release prisons early and or use electronic monitoring.

Loudoun county is one of the first counties in Virginia to use the Secure Continuous Remote Alcohol Monitor (SCRAM) anklet to monitor DUI offenders.  Bari Lynne Williams, convicted of DUI in Loudoun county, is currently being monitored with the SCRAM anklet as a result of violating her probation.  Williams is required to pay for the service herself, which saves the county money over putting her in jail, and she is monitored for alcohol use continuously, which saves her and the courts the hassles involved with supervision and violations.  Certainly seems to be a better option than jail.

T. Kevin Wilson Makes the News Following Completion of Training on New Breath Alcohol Testing Machine

Our very own T. Kevin Wilson among the first Virginia attorneys to complete training course on the new ECIR II breath alcohol testing machine being used in Virginia.  Wilson attended the course with a handful of DUI defense attorneys across the nation in an effort to further his knowledge in the DUI arena.  Wilson was previously certified on the Intoxilyzer 5000, Intoxilyzer 8000, S-D2, S-D5 and 400 breath testing machines. 

Pending DUI Appeal in Virginia Beach may keep Bruce Smith from entering the NFL Hall of Fame

Two-time NFL defensive player of the year and 11-time Pro Bowler, Bruce Smith, may have trouble entering the National Football League Hall of Fame this year.  Smith appealed a DUI conviction in Virginia Beach in July.  This was Smith's 3^rd DUI arrest and only his first conviction. 

Additionally, the officer who arrested Smith in Virginia Beach, Bryan Womble, now finds himself on the defense of a DUI charge.  Many wonder how Womble's arrest will affect Smith's conviction and the pending trails of many others arrested by the officer.

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.  

$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.  

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