Virginia Corrections Officer Sentenced for Drug Charge

A former Hampton Roads Regional Jail guard was recently sentenced for an offense that left him unemployed and on the other side of the jail cell bars. Once tasked with guarding convicts, William McKnight Jr. will now be spending some years in the state prison sentence.

According to the Associated Press, the 57 year old man was caught bringing controlled substances into the jail where he worked. The illegal drug trade is alive and well in America’s jails and prisons and oftentimes the people supplying the goods are the professionals paid to be there.

In a plea agreement, McKnight pled guilty to possession with intent to distribute an imitation controlled substance. The prosecution declined to pursue the more serious charge of introducing controlled substance into a penal institution.

Judge Johnny E. Morrison sentenced the man to 5 years with all but 2 suspended. This means that Morrison will serve time in prison, followed by a period of supervised probation.
Drug charges can carry extremely serious penalties. Suspended sentences are somewhat common, however, for first time non-violent offenders. A suspended sentence means that the offender will serve probation in lieu of jail time.

If McKnight violates this term of probation, however he could be sent back to jail. A sentence “activation” can occur, by the order of a judge, when a probationer or parolee violates any of the rules set forth.

Although probation is no walk in the park, it is seriously preferable to serving active time. Studies show that having representation can increase your chance of getting a suspended sentence. If you are facing Virginia criminal charges and want to know what penalty you may be facing, call me for a consultation on your case.

Virginia Breathalyzers Under Fire

Once Again, Intoxilyzers are Under Fire

In court battles played out across the country, breathalyzer tests are used again and again to send people to jail, take away their driving privileges, and impose huge fines. More and more, however, we are learning that these little machines shouldn’t have the final say.

According to The Newspaper, in Fairfax County recently a defense attorney brought the commonly used Intoxilyzer 5000 to the attention of the court for its potential malfunctions and unreliability. When counties use machines that are nearly ten years old, there is a good chance that parts have been replaced.

In the particular machine involved in this case, the chopper motor had been replaced. While replacing car parts might not be a big deal, parts in different breathalyzers aren’t as easily substituted. A new chopper motor can throw off the reliability of the whole machine.

Interestingly the manufacture of the Intoxilyzer has up until this point refused to reveal the source code used in programming the machines. They contend it is a “trade secret”, making a further mess of many DUI convictions and trials. Without knowing for certain how effective these ancient machines are we continue to send people through the justice system that may be otherwise acquitted.

The Farifax County judge agreed to allow tests to be ran on the machine to prove effectiveness. Before this could happen, however, the prosecutor offered the defendant a sweet plea agreement allowing him to keep his license and avoid jail time.

One of these days the veil of secrecy surrounding these machines will be dropped and it is likely that some will be surprised at the rate of errors. Until that time, when facing DUI charges involving a breathalyzer test, an experienced DUI defense attorney is the key to getting the best possible results.