
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 Beach Police Officer, Bryan K. Womble was convicted of DUI and Hit & Run yesterday in a Virginia Beach court. Womble, as you may recall from early posts, was arrested for DUI and Hit & Run in June after hitting a car and attempted to flee the scene. Given Womble's blood alcohol level of 0.15, he was sentenced to 5 mandatory days in jail along with a 12-month suspended license, minimal fine, and required enrollment in VASAP.
Womble is working on administrative duty with the Virginia Beach Police Department and he is appealing the convictions.
Retha Pierce, Mayor of Atlantic Beach, SC, made the news this week with her 4th arrest in less than 2 years. Pierce was arrested in December 2007 for arresting arrest during a traffic stop; in January 2009 for trespassing at Town Hall; and in April 2009 for a hit and run incident. This week, Pierce was arrested on DUI charges and spent a night in Marion County jail. She is scheduled to appear in court on October 6th.
Robert St. John was arrested on Washington DUI charges in July of 2005 after he wrecked his motorcycle. The arresting officer, Eric Michl, read St. John the warning of refusing a blood alcohol test and St. John chose to refuse to submit a sample. Officer Michl proceeded to obtain a search warrant from a judge for the forcible blood removal.
At trail, a municipal court determined that the officer's procedure was unfair and illegal; however, the decision was overturned by the Washington Supreme Court who convicted St. John based on the blood alcohol sample obtained.
Dante Krauss, a 45-year-old man, was arrested in Marion County Florida early yesterday morning on drunk driving charges. Krauss was pulled over when an officer spotted him riding his motorcycle naked on the interstate. He reportedly did not know what he was naked and registered a blood alcohol content of twice the legal limit for operating a motor vehicle on Florida roads.
The National Highway Traffic Safety Administration (NHTSA) is testing a pilot program where officers in certain states are trained in the proper methods of drawing blood from DUI suspects. This program is reportedly intended to curb the refusal rates of DUI suspects and is currently being tested. The idea is officers will obtain a search warrant from an on-call judge to forcibly obtain a blood sample from any persons they suspect are impaired while driving and refuse to submit to the blood alcohol testing.
Just hours after being arrested on drunk driving charges, Timothy Peare, a 29-year-old New Jersey man, was arrested for attempting to steal a vehicle. After being spotted in a tow truck after lot hours, Peare reportedly admitted that he was attempting to start the tow truck to remove his impounded vehicle.
A DUI suspect handcuffed in the back of a police cruiser, managed to steal that cruiser and flea the scene while the arresting officer was searching the stolen U-haul in which the suspect was stopped. The police car was later recovered and the dashcam shows just prior to his abandoning the car behind a church.
Metro police officer Shawn Taylor, of Tennessee, was reassigned after internal affairs launched an investigation into his DUI arrests involving Tennessee Titian Steve McNair and former Tennessee Titian Chris Davis. Reportedly, Taylor made unprofessional phone calls during the arrests and later took the arrest tapes home to show them off.
Robert Steudl and Oswaldo Davila were arrested on DUI charges stemming from separate incidences in Spring Hill, Florida on Tuesday of this week. Both men were stopped by police patrol cars while riding bicycles on the roads. Steudl, who believed he was doing the right thing by using a bicycle to get home as opposed to a car, reportedly had a blood alcohol content of 0.26. Davila, who is facing his second DUI on a bicycle, refused to submit a breath sample. Both men were held in lieu of bail in the amount of $10,000 and $55,500, respectively.
Research conducted at University School of Medicine in Italy concludes women have a lower amount of the enzyme that breaks down alcohol in their stomach. This suggests women reach the same blood alcohol level after consuming half as much alcohol as men which can lead to false arrests in DUI cases.
Furthermore, a study in the Analytical Toxicology journal concludes women have lower partition ratios than men. Such difference can lead to higher blood alcohol readings on breath machines even when blood alcohol levels are the same.
Municipal Court Judge Stanley Rizzolo was arrested Saturday on several charges, including drunk driving and refusal to submit a blood or breath sample. The arrest was the result of a traffic incident. Rizzolo is expected to enter a not guilty plea.
Rizzolo served as a municipal prosecutor during which time he prosecuted more than 750 drunk driving cases. He has also been a defense attorney and was appointed to the Bridgewater Municipal Court bench in 2008.
A 51-year old man was arrested in New Mexico on Monday for a DUI charge with a BAC of .393. The suspect reportedly had previously been arrested 5 times in New Mexico and 16 times elsewhere on DUI charges; however, the number of DUI convictions is unknown.
Eric Stockstad of California lost control of his Plymouth Voyager Wednesday afternoon, wrecking into a ditch. He avoided injury but was arrested for DUI around 4:30pm.
Stockstad's wife, Virginia, drove by in the couples Ford Focus. She stopped to inquire about her husband's situation. Upon approach of the scene officers were alerted to her possible intoxication. Virginia Stockstand was arrested on DUI charges.
Brother of NFL quarterback Michael Vick, Marcus Vick was convicted of DUI and eluding in October 2008 in Norfolk, Virginia. At the time of his conviction, Vick was sentenced to 12-months in jail with all 12-months suspended. Vick was required to complete ASAP, pay a fine and stay away from drugs and alcohol. Positive tests for marijuana, missed appointments with ASAP counselors and failure to pay fines in a timely fashion resulted in Vick's additional arrest and subsequently conviction for probation violation. Vick is now set to serve 20 days in jail.
Titans Wide Receiver Chris Davis was arrested this morning at 4am for a drunk driving after he was pulled over for speeding in Nashville. Davis's blood alcohol concentration was reportedly 0.11.
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.
After being arrested for a DUI on Thursday night about 11:30, Donny Clark was released to his vehicle only to be arrested again around 1:30 am for a second DUI. Clark is a 31-year old Grove City resident.
Singer George Michael was arrested Saturday following an accident in London. Michael is said to have crashed his Range Rover into the back of a truck. The singer was convicted of a DUI in 2006 and had just received his license back two months ago.
A 17-year old female passenger of a vehicle involved in a crash is being charged with felony DUI charges while the 19-year old driver, Ricardo Joel Mendoza Dominguez, is facing misdemeanor DUI charges. The female's charges stem from her admission to grabbing the wheel of the vehicle thus causing the accident, which injured both her and Dominguez. Although a DUI charge against the passenger of a vehicle is unusual, it is not unprecedented nor is it impossible.
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.
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.
Polk County, Florida Deputy Tex Thomas is being investigated for his handling of DUI cases. Thomas has admitted to taking shortcuts when preparing reports from arrests and prosecutors have dropped charges against 54 people as a result. Thomas was part of a DUI task force, but has since been reassigned pending the internal investigation.
A nationwide study suggests there has been an increase in the number of women arrested for DUI between the years of 1998 and 2007. Some say this is proof of women picking up the bad habits of men, others say it's a sign of the increasing pressure women are feeling in work and at home, and still others say it due to the unwillingness of more and more officers to let a woman off on such a charge. To add even more to the scenario, reports show many women arrested for DUI are traveling with their children while intoxicated.
The Transportation Department of the federal government will reportedly launch its annual crackdown on drinking and driving later this month with a focus on women.
Dennis Cretton was pulled over and arrested by police in St Clair County Illinois after neighbors called in to report reckless driving behavior. Cretton's driver's license is revoked due to prior DUI convictions. When the police turned on the emergency lights of their vehicle, Cretton drove his lawnmower into his yard and his 12-pack of Milwaukee's Best fell into the yard. He reportedly told police he drove to the store to buy beer and lottery tickets. No word on the status of the lottery tickets yet.
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