Virginia Police DUI Conference

A conference for police officers was recently held in Virginia Beach at the Virginia Beach Convention Center. The focus of the event was on new techniques for police to use in DUI enforcement.

One demonstrated technique mentioned in the article was from an optometry professor. He instructed officers in the Horizontal Gaze Nystagmus test, or HGN. The Horizontal Gaze Nystagmus is a test that measures involuntary movement of the eye, and is said to be correlated with alcohol impairment.

However, many experts feel that this is a scientific test that is very difficult for an untrained police officer to give an honest assessment. What is the basis for comparison? How can the officer measure the angle of the deviation to determine if it is within normal parameters? Ultimately, the officer's analysis is pure guesswork.

For this reason, most Virginia DUI Lawyers can get HGN evidence dismissed by judges.

Abusive Driver Fees to be Repealed?

Virginia's harsh abusive driver fees that added heavy fines to many driving offenses are expected to be repealed by the legislature. The fees which went into effect in 2006, were heavily criticized as punitive, and purely enacted to increase state revenue fees for reckless driving citations, DUIs, and other criminal misdemeanor traffic related offenses.

Citizen activism and outrage throughout Virginia is believed to have played a huge part in the removal of these fees. Virginia already had some of the toughest reckless driving laws in the nation, but now with the repeal of these fees, the "$3000 speeding ticket" should now be a thing of the past.

Virginia Igntion Interlock Bill Passes

The Virginia Senate passed the legislation to make ignition interlock devices mandatory for anyone convicted of a DUI in Virginia. When a persons license is reinstated, he or she must get one of these alcohol detected breathalyser devices attached to their car's ignition.

The device, which will be paid for by the offender, will not allow the car to start if the person's BAC is above .02%, which is the level of one drink, and is essentially a zero tolerance policy.

There are current laws in effect that make it a criminal charge to circumvent the device, have someone else blow into it, or use a car without such a device if your driver's license requires it.

Previously, an ignition alcohol device was only required in cases of multiple offenses, or if the person had registered a .15 BAC on a police breathalyser.

The new law goes into effect on Oct 1, 2008.

Please contact us for a DUI case evaluation in Virginia.

Governor Vetos Law to Make it Easier to Transport Guns

Governor Kaine vetoed a proposed law to make it easier to transport a gun in a car for someone who does not have a concealed carry permit.

Virginia's gun laws are considered to be some of the most permissive in the nation.

Virginia Spammer Charge Upheld

The Virgina Supreme court upheld charges of felony spamming from a person who used AOL to send 10,000 spam messages.
Virginia has an anti-spamming statute under its computer crime laws that states it is a Class 1 misdemeanor to "use a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers..."

Article on Complexity of Virginia DUI Laws

Interesting article on the very complicated DUI laws here in Virgina, particularly in the case of 2nd or subsequent offenses. Particular note is made of how laws are applied, and most likely sentences by judges in Lynchburg and Bedford Counties.

It is always interesting how much justice is truly not blind, and sentencing can vary widely based on the tendencies of the judge involved.