Virginia Dentist Guilty In Drug Distribution

A Tazewell County dentist pled guilty this past week to distribution of hydrocodone (commonly known by the brand name Vicodin). He was writing prescriptions for the pain killer for the last nine years and it finally caught up with him.

Dr. Peter M. Francisco won’t be writing any prescriptions anymore however, as he has lost his privilege to prescribe medication. He also faces up to 15 years in prison according to this report from WVEC. Francisco’s sentencing is scheduled for February 23rd.

The U.S. Attorney on the case states that over a period of 9 years from 2000 to 2009, Francisco wrote prescriptions for over 10,000 of the painkillers to 3 people. These people would fill the orders and return the drugs to Francisco.

In Virginia, possession with intent to distribute a controlled substance, whether it is prescriptions drugs, marijuana, or cocaine, is a serious offense. You’re looking at felony charges and years behind bars.

The prosecution will use all sorts of methods to get a conviction in your case and it is your defense attorney’s job to ensure you have the best possible chance at overcoming their charges.

If you are facing serious drug charges like these, an experienced defense team is necessary.

The evidence in your case is crucial. How it was obtained and handled throughout the arrest process can impact your case in a major way. If the evidence was mishandled in any way, we can motion the court to suppress it, keeping it out of your trial altogether.

Often, if this is your first run in with the law, we can work with the prosecutor to set up some sort of plea agreement. Perhaps you are facing years behind bars but we can get the sentences suspended for probation instead.

Knowing the details of your case is crucial in determining the next move to take. Call me today for a free consultation and legal advice on your Virginia drug case.

Mistake in Allowing Reckless Charge Dismissed For Commerical License

A judge in Richmond is under fire for allowing a reckless driving charge for a commercial bus driver to be dismissed after completing a driving school program. That bus driver is facing new charges for reckless driving after hitting and killing a pedestrian with her bus.

Under the law, if a person has a commercial driver's license in Virginia, they are ineligible for a reckless driving offense dismissal after attended driving school, under a law passed in July 2008. The original reckless driving incident occurred in May of this year.

Though the defendant clearly checked off that she had a commercial driver's license, the judge still allowed her to take a Second Chance Driving Improvement Clinic. After satisfying the terms of the driving class, on Sept 10th, the reckless driving charge was dismissed on Sept 30th.

The defense attorney quoted indicated that is it not uncommon for judges to miss laws that have been recently passed, especially when the facts of those laws come up infrequently.

If the reckless driving offense had stood, and she had not been allowed the opportunity for the dismissal, she likely would have lost her job as a driver for the GRTC Transit System. However, she also violated company policy by not notifying her supervisor of the reckless driving charge.

It is certainly possible that she would have been fired from her job if she had followed that procedure, and if the judge had refused to allow for the dismissal, she would have lost her driver's license and not been driving.

Whenever there is a tragedy like this, people are always looking for someone to blame. It is impossible to say what would have happened in either of those cases, but it is clear that multiple administrative failures led to a circumstances where someone was killed.

Virginia Assault Charged in Deliberate Fire Attack

A Virginia man is being held in a case that left a female acquaintance badly burned. 45 year old James Edward Anderson was riding in the passenger seat of a vehicle with a 37 year old female driver and her 12 year old daughter in the back seat.

Anderson allegedly got angry and sprayed the victim with a flammable liquid before throwing a match on her. According to this article from MyFoxDC.com the victim was able to remove her clothing and the child was able to get out of the vehicle before Anderson left the scene in the car.
The victim flagged down a passing motorist who assisted by calling authorities.

What’s not clear is the relationship between Anderson and the victim. The article states that charges have not yet been filed so we can’t say with 100% certainty that this was a domestic assault.

Under Virginia law, a domestic offense doesn’t have to be between two people who are married. If they were in a romantic relationship, this could be a domestic assault.

Even if the two were simply acquaintances, the use of fire in this offense makes it especially heinous. Depending on the extent of the victim’s injuries, there is a chance Anderson could face charges of malicious wounding.

This offense carries a potential sentence of 20 year in prison. If it is determined that the victim could face permanent physical damage, he could face an even more serious charge of aggravated malicious wounding, which carries a potential life sentence.

Other things that may play into the charges Anderson faces and the sentence he may have to serve include his criminal history and the intent of his actions. If it is determined he planned this assault ahead of time, it could exacerbate his charges as well.

Facing charges of domestic assault or malicious wounding is a very serious event. When looking at spending that kind of time behind bars, an experienced attorney is needed to assist with the case.

If you are facing charges of assault and are concerned about the potential outcome, call me today to discuss the details of your case. I can give you some legal advice and perhaps we can work together to make the most of the situation you are in.

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.

More on Virginia "Move Over" Law

As we've noted before, Virginia has a tough law that requires you to either slow down or move a lane to the left, when an emergency vehicle is parked in a breakdown lane with lights flashing.

Current reports indicate that many people are unaware of this law, or are not clear exactly what the criteria is, and how to correctly comply. And undoubtedly, most Virginians are unaware of how strict this law is enforce, and the serious penalties that can result from this criminal citation.

Failing to move over or slow down is a reckless driving offense under Virginia law (46.2-921.1). A reckless driving charge can result in up to a year in jail and a 6 months license suspension, as well as $2500 in fines and fees for this Class 1 Misdemeanor offense.

The law was passed as a way to increase the safely to police officers when they stop a vehicle in the breakdown lane. Under the statute, a driver must make a attempt to move over to a left lane on a 4 lane highway. If that is not possible for traffic or safety reasons, or if it is a 2 lane highway, the driver must slow down to a safe speed. However, it is not explicitly stated in the law how much the driver must slow down.

For this reason, police can cite you with this criminal citation even when you thought you were making your best effort to comply with the law. It is a subjective call, and that decision can be costly and affect your entire life.

Statistics cited indicate that 71% of citizens are unaware of the slow down/move over law.

If you've been charged with reckless under the "move over" law in Virginia, please contact our attorneys today for a free case evaluation. We'll go over your options, and help you decide the best way to avoid the serious penalties associated with this criminal offense.

Aggressive Reckless Driving Ticketing on Virginia's U.S. 29 Bypass

Virginia police are providing fair warning about aggressive enforcement of driving laws on the U.S. 29 bypass in Amherst, VA. Police are issuing lots of speeding, traffic violation, and criminal reckless driving citations on this road, known for high speed aggressive drivers.

One common reckless driver profile is of students at Liberty University in Lynchburg, racing back to beat the midnight curfew. These students are often from out of state, and don't consider how severe Virginia's reckless driving penalties are.

This ignorance can easily lead to a couple of nights spent in a jail after a high speed reckless driving conviction, thanks to some tough Virginia judges.

Enforcement is going to be further increased as the Amherst County Sheriff’s Office adds new traffic enforcement units with high tech radar monitoring, and fast police vehicles to track down speeders. Specific areas to be patrolled include Virginia route 130 and U.S. 501 and US 60.

Many observers suspect that some of this stepped-up enforcement is partially due to a desire for the increased local revenue these expensive citations bring in, especially when most municipalities are experiencing budget shortfalls.

Regardless of the reasons, behind them, these aggressive patrols will likely continue, so it makes sense to slow down and be careful.

But if you do get busted for a criminal traffic citation, you'll need the help of an experienced Virginia reckless driving defense lawyer.

Virginia Reckless Driving: Emergency Vehicle "Move Over Law"

You can be charged with reckless driving in Virginia for violating what is known as the "move-over law". Under this little-known Virginia traffic law, you are required to move over one lane to the left if you are on a multiple lane highway, and there is an emergency vehicle (police, fire, ambulance) with lights flashing at the side of the road.

If for some reason you are unable to move over safely, or it is only a 2 lane road (one lane in each direction), the law requires to you slow down and proceed with caution.

The reason for this law is primarily the safety of police officers and other emergency safely workers. It is to ensure that they have enough safe distance to do their jobs safely while near from high speed traffic.

That is understandable and reasonable, but it is a simple fact that most Virginia drivers are unaware of this regulation, and of the seriousness of a criminal citation that can result. While being unaware of this requirement is no defense against the criminal charge of reckless driving, an experienced defense lawyer can often get the charge reduced to a non-criminal offense.

In any reckless driving case, the primary goal is to keep you from getting stuck with a criminal record. However, there are some Virginia judges who will insist on jail time for a reckless conviction, so a defense lawyer can be crucial to protecting you from extreme penalties.

In addition, getting your charge reduced can save you significant fines, and points on your driving record that can result in tremendous increases to your auto insurance rates. In most cases, hiring a defense lawyer and getting criminal traffic charges reduced more than pays for itself, just in the dollars the incident will cost you.

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If you are facing a reckless driving charge in Virgina, please contact us for a free consultation on what we can do to fight this criminal charge, and keep your record clean.

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.

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.