Virginia Criminal Defense Blog

Drug Charge Punishments Biased?

2008-05-08T00:29:00.000-04:00

Interesting study on drug possession charges, penalties, and rates of incarceration for drug arrests in Virginia Beach.

Virginia is listed as the state with the greatest disparity between likelihood of prison for drug crimes - over 13 times greater for black defendants than white defendants for similar crimes.

Possible reasons for this huge difference could be emphasis on enforcement in predominantly African American areas, and poorer access to quality legal representation in defending the charges.

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If you are facing a drug possession charge in Virginia Beach or anywhere in the state, please contact us for a criminal defense consultation on how we can help defend you and challenge the state against unfair charges.

New Virgnia Driver's Licenses Valid for 8 Years

2008-05-07T13:49:00.001-04:00

The Virginia DMV announced on its official blog that driver's licenses will now be valid for 8 years for most Virginia drivers. The annualized costs will remain the same, $4/yr.

Driver's License Changes Coming To Virginia

2008-04-24T14:49:00.002-04:00

Your Virginia driver's license will be changing in the years to come. Virginia is adopting tougher standards to comply with the national Real ID act. The new licenses will be considerably more tamper proof, with laser engraving, micro filaments, and other measures to make them much more difficult to duplicate.

One of the significant hassles to come with this changeover will be that everyone will be required to renew their driver's license in person. You will have to provide documentation to prove your legal residency, and those documents will be scanned and saved. Documents will be checked for authenticity with various agencies, and as a result, you won't get a new driver's license on the spot anymore - it will be sent to you through the mail.

Anyone under 50 years of age in 2014 will have to have completed the switchover by then. Older drivers will have until 2017.

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For issues regarding suspended driver's licenses in Virginia, see our main site.

Concealed Weapons Permits up 60% in Virginia

2008-04-21T15:51:00.002-04:00

According to news reports, Virginians are applying for concealed weapons permits at a rate 60% greater than the previous year.

Virginia is considered one of the most lenient states in the nation when it comes to gun laws, for both gun purchases and permits. Under Virginia law, you may apply for and be granted a license to carry a concealed handgun if you:

Are 21 years old
Have completed safety training
Pass a criminal background check
do not have any outstanding restraining orders
do not have a drug abuse problem

Virginia is one of the few states that does not require a reason to get a concealed carry permit, and no judge can deny you a permit. For example, as mentioned in the article, even if you have been known to threaten a spouse or someone else, you cannot be denied a gun permit for that reason.

However, you may still be subject to criminal gun charges if you violate any of the above conditions in the future.

Dulles Toll Road: Reckless Driving Magnet?

2008-04-02T19:46:00.003-04:00

The Dulles Toll Road in Virginia is considered of the most heavily patrolled roads in the country. The number of DUI arrests, criminal reckless driving tickets, and cars stopped by the police appears to far exceed the rate of most other roads.

Traffic charge citations issued on the Dulles Toll Road make up a significant portion of the traffic cases heard in Fairfax General District Court.

Why is is the case is the subject of much speculation. But certainly issuing reckless driving tickets is a profitable enterprise for the Commonwealth of Virginia. Fines and fees can easily be in the thousands of dollars if you are found guilty. Certainly the state wants those fees. And now that Virginia has repealed the abusive driver fees due to citizen outrage, it is possible that they are stepping up enforcement and prosecution of reckless driving offenses to get some of that lost revenue.

However, that doesn't mean you have to just take it! Please contact us about how to fight a reckless driving ticket in Virginia.

What is the Dulles Toll Road?

The Dulles Toll Road (DTR) is a 14 mile long road that connects to Dulles International Airport to the Capital Beltway near Falls Church. It is also known at the Dulles Airport Access Road. It is a portion of Virginia Route 267 that extends through Fairfax County in Herndon, Reston, and Tyson's Corner, VA. The operation of the road is run by the Virginia Department of Transportation (VDOT).

Beyond the airport, route 267 continues as the Dulles Greenway, a privately owned toll road that extends to Leesburg. These areas are also frequently patrolled and citations are issued for reckless driving, especially reckless by speed (20mph over the limit).

Virginia Abusive Driver Fees Repealed

2008-04-01T08:12:00.002-04:00

After less than a year, Virginia's Abusive Driver Fees have been repealed. Gov. Kaine signed the bill, which goes into effect immediately. One Senator called the fees "the biggest mistake the legislature had made in his tenure".

Abusive driver fees were enacted last year as a means to collect additional revenues for the state in cases of reckless driving, DUI, driving with a suspended license, and other Virginia traffic charges. However, they were immediately controversial, since they were simply an extra fee collected by the Virginia DMV at license or registration renewal time. Because it was a fee collected by the DMV, it did not apply to driver who are charged with any of those offenses who happened to have out of state drivers licenses.

Those who have been charged with these fees are eligible for a refund, and should contact the DMV.

Virginia Police DUI Conference

2008-03-20T16:18:00.004-04:00

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?

2008-03-09T09:09:00.003-04:00

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

2008-03-09T09:05:00.003-04:00

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

2008-03-07T15:49:00.002-05:00

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

2008-03-07T15:41:00.001-05:00

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

2008-03-04T13:51:00.002-05:00

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.

Senate bill on increased penalties for DUI offenders

2008-02-29T13:47:00.000-05:00

2/29/08 - Senate bill on increased penalties for DUI offenders 18 and under moves to full Senate for vote. Bill to require interlock devices for a first offense drunk driving conviction delayed in committee
Update: Is this bill dead?. Details here.

Update2: No, it was revived and made it out of the Senate committee to go to the full Senate for a vote and passage.

More on the proposed DUI legislation

2008-02-27T13:46:00.000-05:00

2/27/08 - More on the proposed DUI legislation: The bill currently being worked on in the Virginia Senate would increase penalties for teenagers who are convicted of drunk driving. If a driver is 16, 17, or 18, they would automatically lose their driver's license for one year.

2008-02-14T13:45:00.000-05:00

2/14/08 - Update: The first offense DUI interlock law has passed the Virginia House of Delegates, and goes on to the Senate in the Virginia General Assembly. If it passes the Senate, it will become law.

The vote total was 80-18 in the house. In opposition, Delegate Ken Melvin of Portsmouth is quoted saying most people who get a DUI never get a second DUI offense, and this bill is the equivalent of "using a hammer to kill a fly."

2008-02-10T13:43:00.000-05:00

2/10/08 - A Virginia state lawmaker is proposing a law to make anyone convicted of a single DUI/drunk driving charge install an ignition interlock device in their vehicle as a condition of license reinstatement. Under current Virginia DUI laws, An ignition interlock device is only required in cases where the person blew over a .15 BAC on a breathalyzer, or almost twice the legal limit.

We believe this is a terrible idea. It is absolutely unfair to saddle someone who could even have been under the legal limit with this burden. Or if you made a one time mistake, you have to pay for it with something that could affect your job.

Even more important, there is absolutely no credible evidence that an ignition interlock device does anything to prevent drunk driving in people who are not chronic alcoholics or multiple offenders.

More on Virginia ignition interlock devices here.

More abusive driver fees fallout

2007-08-12T13:42:00.000-04:00

8/12/07 - More abusive driver fees fallout, from the Washington Post. A woman feeling labor pains is cited for reckless driving and tries to fight the new fees.

Virginia abusive driving fees

2007-07-25T14:08:00.000-04:00

7/24/07 - The Washington Post reports on how abusive driving fees have a punitive effect on the poor, and result in more charges of driving on a suspended license, due to the inability of people to pay the fees to get their licenses renewed. [story]

Abusive Driving Laws and Fines

2007-07-02T13:40:00.000-04:00

7/2/07 - Press release on Virginia's Abusive Driving Laws - in effect 7/2/07