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Virginia Reckless Driving and Serious Traffic Offenses

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Virginia DUI and DWI

Can I expunge my Virginia DUI conviction?
How much does it cost to hire The Wilson Law Firm to handle a Virginia DUI / DWI?
Is there a difference between the terms DUI and DWI in Virginia?
After I was arrested for drunk driving in Virginia and while I was waiting to take the breath test they told me not to burp or belch. I thought they meant to not burp or belch out loud, so when I did I kept it quiet. Why did they tell me not to burp or belch and does it matter that I did?
Is it true that there is a known constant ratio between the amount of alcohol in breath and the amount of alcohol in blood?

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Virginia Reckless Driving and Serious Traffic Offenses

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Virginia DUI and DWI

7/1/2009
Katy Moore
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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.

Labels: dui DUI Lawyer dwi DWI lawyer Melendez-Diaz Supreme Court decision Supreme Court of the United States united states constitution virginia dui law Virginia DUI lawyer

Virginia Criminal Defense

6/28/2009
T. Kevin Wilson
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Miami Law Requires Sex Offenders to Live Under a Bridge. Could Virginia Be Next?

Can convicted sex offenders really be required to live under a bridge in the United States of America? Apparently so. In response to the murder of Jessica Lunsford, Miami Dade County passed a law which prevents convicted sex offenders from living within 2500 feet of any place where children congregate. Since schools and parks are seemingly everywhere in densely populated Miami, and apartments are off limits because of pools, finding suitable housing in Miami Dade County is essentially impossible. In addition, they are prohibited from leaving the county while on parole so they can't live somewhere else. Probaton and parole officers couldn't find any place in Miami for these parolees to live in compliance with the law, so they literally have been told to live as homeless people UNDER the Julia Tuttle Causeway bridge - for as long as they remain on probation / parole. The causeway is listed as the official address and parole officers stop by to make sure the parolees are "home". No one wants a convicted sex offender living next door, and the issue of where to house convicted sex offenders when they are released from prison is difficult and complicated, but for the government to pass laws removing suitable housing within the county, prohibiting parolees from leaving the county to live elsewhere, and requiring them to live under a bridge just doesn't seem right. Lawyers with the ACLU are challenging these laws as cruel and unusual punishment prohibited by the 8th Amendment to the Unites States Constitution.

Labels: 8th amendment cruel and unusual punishment paole sex offender united states constitution