Virginia Beach Cop Charged with DUI, Hit & Run

Civilians aren’t the only ones making reckless decisions over the holidays. A Virginia Beach police officer has been charged with DUI and hit and run after an incident on December 26th.

Officer Stephane Prevot was arrested after hitting a neighbor’s mailbox that evening and was found to be under the influence of alcohol and presumably over the .08% legal limit. The department isn’t saying much at the time of this report, however.

Per regulation, Prevot has been placed on administrative leave pending further decisions. Officer Prevot has been with the department for nearly 5 years, according to the Virginian Pilot.

This is the second Va. Beach officer to face such charges this year. Officer Bryan Womble was charged with hit and run and DUI back in June. In typical fashion, he was sentenced to a short jail stint, license suspension, drug and alcohol awareness classes, and the installation of an ignition interlock device in his vehicle.

Offenses like DUI and Hit and Run apply to everyone. While it may seem like people in power get an easier shake when it comes to the law, many high ranking people charged with crimes like this end up serving a similar sentence as you or I would.

When it comes to a first offense DUI, Virginia law states you can be sentenced to a maximum of 1 year in jail and $2500 in fines. In addition, you face a driver’s license suspension lasting a year and mandatory alcohol safety classes. Depending on the circumstance of your case and your blood alcohol level, you may also be required to use an ignition interlock device when you license is reinstated.

As your DUI convictions add up, so do the penalties. Sentences get progressively worse if you have a criminal history. Knowing what type of penalty you face for your charges can be sobering but also allows you to focus on your case.

If you are facing DUI charges in Virginia, you need the assistance of an experienced local DUI attorney. As your attorney, we can challenge the reason you were stopped, challenge how the police handled your arrest, and even potentially challenge the breath test results.

Contact me today to discuss how we can move forward with your case. You need someone acting in your defense when you go before the judge.

Virginia DUI Case Causes Stir in U.S. Supreme Court

As reported by the L.A. Times, The U.S. Supreme Court allowed to let a Virginia Supreme Court ruling stand that calls into question the legality of DUI stops based only on a phoned in tip from an eyewitness.

The case arose when police received a tip of a possibly drunk driver behind the wheel of an Altima. The caller gave police a partial license plate number and description. Based on the tip, not any other factors, Joseph Harris of Richmond was pulled over and arrested for DUI.

The Virginia Supreme Court ruled the stop was an unreasonable search because the officer did not witness any signs that Harris had been drinking. In other words, they ruled that the phoned in tip did not constitute probable cause.

In a 7 to 2 vote this week, the United States Supreme Court denied the to give cert, which in a sense, backed the Virginia Court’s decision and agreed that a phoned in tip is not sufficient for a DUI stop.

As this report from The New American details, U.S. Justice John Roberts was outraged with the ruling and said it essentially gives drivers “one free swerve” before they can be questioned by police.

Roberts was one of the 2 votes to wanted to take on the case and make a ruling that would apply to all states. Currently, Virginia is among only 4 states that don't allow vehicle stops based on anonymous reports.

If the Court were to hear, and eventually overturn the lower court’s ruling, it would have opened the door for many other searches based solely on a witness’s tip. The Court cited a similar case in which it was ruled a citizen could not be frisked only based on an anonymous call as precedence.

There are many rules, laws, and court rulings that govern how a search and arrest can occur. When the police fail to follow these rules and procedures set up through prior court rulings and state law, they run the risk of violating a citizen’s protection against unreasonable searches and seizures, as detailed in the 4th Amendment.

When you are facing criminal charges, you want a defense attorney to look closely at the steps the police followed during the arrest and investigation stages of your case. There are many instances where criminal charges are dropped because the police didn’t follow proper protocol.

If you are up against criminal charges in the Virginia courts and want to ensure every rock is unturned in the defense of your case, contact me today. I am interested in the details of your case and I am interested in working with you.

VA Police Chief Sentenced on Drug, Gun Charges

The law turns a blind eye to no one. Of course there are cases where people in power break the law for years unnoticed but the majority of the time their indiscretions come to light and they are forced to face the music, just like the rest of us.

Former Damascus Police Chief Tony Richardson had pled guilty to charges in March and last October. The charges were part of a plea agreement according to this WVEC brief.

Richardson admitted he sold methamphetamines and prescription drugs while he was police chief. He was officially charged with 8 drug offenses and one gun charge. The sentence called for 5 years on each drug charge and 2 years on the gun charge.

Likely part of the plea agreement, the judge, Judge Byrd Sergent in Washington County Circuit Court suspended the bulk of the drug sentences. What was left was a 5 year prison term that Richardson is set to serve.

A sentence suspension is not uncommon and is particularly common in cases where the defendant has no criminal past. By suspending the bulk of Richardson’s prison term, the judge allows him to serve less time while keeping supervision over him for a period following incarceration.

A suspended sentence typically means there will be a period of probation or post release supervision after the prison term is served. During this supervision period, Richardson will have to abide by certain terms like staying drug free and not getting in additional trouble.
If Richardson abides by the terms of his supervision after his prison term, the supervision period will be allowed to expire. However, if he were to violate the supervision terms, his sentence could be activated and he could be sent back to prison.

Probation and parole supervision are typically very effective methods of control for the criminal justice system and they are usually more desirable then a prison sentence for the defendant.

If you are facing criminal charges and want to know if you might be eligible for probation instead of a prison term, give us a call. There are several factors that play into how a judge determines your sentence and our attorneys can help you evaluate your case.

Virginia Cop Blog

The Roanoke Cop is an interesting and entertaining blog by a local police officer who details some of his more noteworthy activities in the public service.

It is always worthwhile to understand the perspective on the "other side" of the courtroom. Of course, all (or at least most) court officers, police and lawyers on both sides ultimately want what is in the best interests of the citizenry. Perspectives and approaches may, of course, differ.

Recommended.