
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?
Pantheon Club patron, Ronnie S. Jackson plead no contest to a second-degree murder charge stemming from a March 2006 auto accident in which killed Kenneth Brzenzinski. Jackson had been at the Pantheon Club where he was reportedly served eight beers and "a tray of test tube-sized liquor shots" prior to falling asleep at a table and then vomiting. Jackson was forced to leave and when the cab originally called for him was taken by someone else, club employees put Jackson into his own car to drive home. Jackson's vehicle slammed into the back of Kenneth Brzenzinski's Ford Escape and killed him.
The Pantheon Club is admitting liability in the incident. The civil suit flied by the family of Kenneth Brzenzinski seeks $10 million. A jury will determine the finally amount and it will be split between Jackson and the club.
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.
A Minnesota man pleaded guilty to a DWI for driving his motorized La-Z-Boy chair home from a bar. Dennis LeRoy Anderson, 62-years-old, registered a blood alcohol content of .29 after crashing his chair into a parked vehicle in August 2008. As a result of his guilty plea, Anderson was sentenced to 180 days of suspended jail time and 2 years of probation.
NYPD Sergeant Joseph Spiekerman is facing DUI and vehicular assault charges after running over a 68-year-old man. Spiekerman was reportedly trying to beat a red light when he struck the victim who, four months after the accident, is still in a wheelchair. Although he refused to take a breath test, Spiekerman's blood was eventually subpoenaed by the court and registered a .11 nearly 6 hours after the incident. Spiekerman is a 15-year police veteran.
Chief Justice John Roberts requested the Supreme Court review a lower-court ruling in a DUI trial where a defendant was acquitted due to lack of reasonable suspicion of criminal activity to warrant a traffic stop. Joseph A Moses Harris Jr. (Commonwealth v. Harris), the defendant, was stopped and subsequently arrested by police after a 911 caller reported a suspicion of an intoxicated Harris driving his vehicle. Police located the car and initiated a traffic stop without observing any suspicious behavior. Chief Justice Roberts's request to his colleagues for review of the case was declined. Roberts is speaking out against the ruling, claiming it will "grant drunk drivers ‘one free swerve'".
Within the last 3-years, the number of fatal or injury traffic accidents in Mesa, Arizona have reportedly decreased by 36 percent-down 12 percent just in the past year. Overall, traffic citations are up and the streets are safer; however, the Mesa Police Department is being blamed for decrease in DUI arrests within the mentioned 3-year time period. A Mesa police group cites budget cuts as the reason the police have strayed from their prior DUI enforcement efforts. The group is calling for a review of the situation and a refocus on DUI arrests.
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.
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!
Carl Miller, Jr., a 47-year-old Pennsylvania man, will have DUI charges mailed to him following an incident near Interstate 70 in Pennsylvania. Miller was flagged down by the Belle Vernon Volunteer Fire Department after his vehicle was spotted . . . on fire. Miller was treated and released for minor burns.
A California boy, not yet of the legal driving age, was stopped and arrested by police on DUI charges. The 15-year-old was stopped for weaving in and out of lanes and officers arrested him for DUI after smelling alcohol on his breath.
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.
J. C. France, grandson of Bill France Sr., founder of NASCAR, was arrested for DUI and possession of cocaine after he was confronted by police for racing. France is said to have been racing a 2007Lamborghini against Russell Van Richmond, a former roommate and stepbrother. Van Richmond was also arrested on multiple charges and France will be suspended by Grand-Am.
Richard Fiorito, Chicago, IL police officer, is now on administrative leave pending an internal affairs investigation on the accusations he was making fake DUI arrests. Reportedly, Firoito will serve on desk duity until the investigation is complete.
Heather Choulos, a 32-year old California woman, was charged with child endangerment and contributing to the delinquency of a minor after police observed her 13-year old son driving her and her boyfriend home after a bottle of wine. Choulos and her boyfriend, Donald Hughes, both reportedly have prior DUI convictions and were trying to avoid another.
Oakland A's rookie starting pitcher, Clayton Mortensen, is apologizing to the A's organization and his family following a DUI arrest Sunday morning. Given Mortensen's less than impressive performance this season, this charge may leave him fighting for a spot on the team next year. MLB is treating such offense very seriously given recent deaths and arrests within the organization.
Kim Fullenwider, a 53-year old school bus driver in Ojai, California, was arrested on DUI charges after being involved in an accident with 31 students on board. Fullenwider reportedly made a legal u-turn and was hut by a pick-up truck. Police arrested Fullenwider after noticing the odor of alcohol on her breath and administering a breath test. Although the bus driver's BAC has not been released, officials say the results were not good.
Olympic fans with a prior DUI conviction could run into trouble trying to attend the 2010 Olympic in Canada. Canada treats prior criminal offenses seriously and makes no exceptions for DUI cases. Fans are being told to start the planning process early to be sure all requirements are met before the games begin.
Pennsylvania's Deputy Labor Secretary Allen Cwalina testified at his DUI trial that he drank only after the accident which lead to his arrest occurred. The jury was deadlocked in the case. While the District Attorney in Cumberland County has not yet decided if he will retry Cwalina on the most serious charge, the Judge has convicted him on a lesser charge: general impairment, causing a crash involving property damage and causing a crash while DUI. Cwalina now faces at least 30 days in jail.
The Oregon Court of Appeals overturned the DUI conviction of Thomas Gregory Machuca (Oregon v. Machuca http://www.publications.ojd.state.or.us/A133362.htm) upon determining the defendant was coerced by police to submit a blood sample. Machuca testified that he agreed to the test only after the officer threatened him with a $1,000 fine and a 12-month suspension of his license. The Court of Appeals ruled this was a violation of the search and seizure requirements of the Constitution and thus a warrant was necessary. This ruling stands to have a noticeable impact on future DUI arrests in Oregon.
Officer Richard Fiorito was awarded by the Illinois MADD organization for writing the most DUI tickets in a year, reportedly nearly 300 arrests each year. Now answering federal civil suit involving 22 arrestees, Fiorito is under criminal investigation as well. Following complaints about his conduct, Chicago police officials required Fiorito to use a dashboard camera in his cruiser. The videos obtained by the dash cam are now being used in the law suit and the criminal investigation. Fiorito is accused of targeting certain individuals and of lying under oath about the behavior and field sobriety test performance of the accused. The motivation for such conduct is said to be the time-and-a-half pay his receives as a result of spending a lot of time in court testifying on his DUI cases. Officer Fiorito is still on the job making DUI arrests.
Approximately 40 California teenage students witnessed an actual DUI trial on Monday. The Sheriff's Department organized the program (with assistance from other county officials and volunteers) to educate teens on the consequences of making bad decisions behind the wheel of a vehicle. The defendant in the case plead "no contest" to the DUI charge was sentenced to 3-years of probation, 12-months of no alcohol with mandatory enrollment in alcohol treatment and counseling classes, and $1,900 in fines. In addition, the defendant has 6-months of jail waiting over his head should he violate the terms of his sentence.
Following the trial, students were encouraged to ask questions of the participants and officials are hopeful that the experience will provide a positive influence with regards to making better choices as teenagers.
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.
Milton Willis, a 53-year old, well-known surfer of Solana Beach, CA was sentenced to a 4-year prison sentence following his conviction of charges that left 24-year old Bradley Dillahunty dead. The two men became friends while Dillahunty was a student at Willis's surf school. In June 2008, Willis was driving Dillahunty's vehicle while Dillahunty rode as a passenger. Willis crashed the vehicle which had been traveling at more than 65 mph in a 25 mph zone. Willis was under the influence of alcohol and was convicted of DUI and gross vehicular manslaughter.
Sandra Dee Steiner was sentenced to serve 5 years in prison following conviction of her fifth DUI, felony criminal endangerment, habitual traffic offender and driving without insurance. The arrest that lead to these convictions was made after police received 911 calls reporting a drunk driver. When police arrived, Steiner pulled her car over nearly striking pedestrians, running into a trash can, and eventually backing into the patrol car.
Myrtle Beach mayoral candidate, Bea Catalano was arrested a week ago on a DUI charge with a blood alcohol content of 0.00%. Although Catalano had not been drinking, officials are moving forward with the charge stating "it's unlawful to drive under the influence of drugs or alcohol. It can be prescription medicine too - anything that alters your ability to safely and lawfully operate a motor vehicle on the roadway."
Catalano is scheduled to appear in court on October 15.
The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
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Penalties for a DUI / DWI in Virginia
Fallacies of Breath and Sobriety Tests