Virginia Beach Biker In On Major Marijuana Bust

Champion mountain biker and local native Mellissa “Missy” Giove was arrested and is now facing serious criminal charges in New York. The case involved several people, several states, and a speedy investigation resulting in the arrests that took place earlier in the week.

Giove is known for being a world class athlete with funky hair. She is a Va. Beach resident and her Virginia home was searched following the New York bust.

According to the Associated Press, it all started with a pick up in California. Allegedly, Giove and an assistant made the drive from California to Iowa in a rental truck towing a trailer filled with marijuana. Giove got on a plane in Des Moines heading to New York and her assistant drove on.

Tamara Geagley, the assistant, was pulled over in Illinois where police learned about the transport. She told police that Giove had hired her to complete the drive and meet up with her in New York. Police sent Geagley on her way and hoped to intercept Giove with the marijuana when it reached its final destination.

Police watched Giove get off the plane in NY and meet up with Geagley. Geagley was dropped off and Giove met with Eric Canori. After unloading some of the marijuana at Canori’s home police stopped Giove, who was still behind the wheel of the truck, and made their arrest.

Along with cash, police confiscated over 300 pounds of marijuana. Currently Giove and Canori face charges of possession with intent to distribute in New York. They may face federal charges as well. While Giove is facing charges in New York, there is no telling what Virginia authorities may have found in her home.

The criminal charge of possession with intent exists in most states, including Virginia. This is typically a very serious felony charge. The penalty faced depends largely on the amount of marijuana that the accused was in possession of.

In Virginia, if you are charged with intent to distribute over 5 pounds you face a possible 30 years in prison. That is a tremendously serious penalty to have hanging over your head.

When facing serious drug penalties, an experienced and aggressive attorney is crucial. I can fight for your interests and make certain that your side is heard in court. Call us today so we can discuss your case and how best to handle it.

Good Article on Virginia's "Move Over/Slow Down" Reckless Driving Law

Here is a well written and clear explanation of what is commonly refereed to as the "Move Over/Slow Down" law in Virginia.

This confusing and commonly misunderstood law says that if there is an emergency vehicle with lights flashing in the right lane/breakdown lane on a highway, a driver must move over one lane unless unsafe to do so, in which case he must "proceed with due caution".

Merely "slowing down" is not sufficient, and may result in a criminal charge of reckless driving under Virginia statute § 46.2-921.1 if a police officer questions your decision. Whether or not it was "unsafe" for you to move over will be a decision for a judge, and the wrong decision could result in jail time, license suspension, and a criminal record.

Very few Virginians truly understand this complicated distinction, and the consequences and serious criminal penalties that can result.

The word to the wise is - make every effort to always Move Over a lane on the highway with a police car on the side of the road. If you don't, your judgment can always be questioned. You don't want to be in a position of depending on the temperament of the officer and the judge in court, since those calls won't always go in your favor.

And, of course, you'll want a good reckless driving defense lawyer on your side if you find yourself in court.

Richmond Hit & Run Leaves Boy Stunned and Police Searching

The ice cream truck, a clear sign that summer is on the horizon. Earlier this week, children on Thorndale Lane lined up to get their sweet treats when a black Jeep came into the neighborhood, seemingly unaware of the presence of neighborhood children.

Eleven year old Chris was among the children when he was hit by the Jeep and knocked to the ground. The rearview mirror hit Chris on the side of the face and sent him to street level. The driver of the Jeep stopped briefly but didn’t stick around for authorities.

According to this report from NBC12, adult Jeremiah Mayo was accompanying some of the children and witnessed the hit and run. He stated the driver waited for Chris to get back to his feet before leaving but added there are many children in the neighborhood and the driver should have been more cautious.

The neighborhood children are taking away a lesson from the accident, that even though they see a vehicle doesn’t mean the driver of that vehicle sees them. Police are still looking for the driver of the black Jeep.

Hit and run is one of several criminal traffic offenses that is far more serious than a simple speeding ticket. If involved in an accident, you are required by law to remain on the scene, provide assistance, and wait for authorities. Failure to do this could result in criminal charges.

Likewise, reckless driving is a common criminal traffic offense. It is a misdemeanor punishable by up to 1 year in jail. There are ways to beat a criminal charge like this but how we go about it depends on the specific circumstances of your case.

If you are facing criminal traffic charges and in need of an experienced local Virginia defense attorney, call me today for a free consultation on your case.

Madison VA Police Seek Suspects In More Than One Assault Case

Late night partying over the weekend led to a few assault victims and several suspects still on the lam. Madison police were certainly busy getting the facts from the injured parties and looking for the aggressors in both cases.

The first case happened in the early morning hours on Saturday on the corner of University Avenue and Lake Street. According to the 20 year old victim, he was attacked by a large group of approximately 10 Hispanic men. A witness called the police but all suspects fled before law enforcement arrived. The victim suffered various cuts on his head.

The second case occurred at a house party early Monday morning when a 21 year old man was dancing and having a good time. Apparently the aggressor spoke some unkind words to the dancing victim before punching him in the face. This punch resulted in a facial fracture and a broken nose. The victim was treated at the local hospital.

In both cases, police have made no arrests. This is not uncommon in cases like these. Late at night in large groups where there is likely alcohol involved, strangers can get into altercations. This makes finding the suspect difficult because the victim often has no clue who it was that assaulted them.

If an identification is possible and a warrant is issued, that’s another story. Running from a warrant won’t last long as the police nearly always get their man. The real fight begins and ends in the courtroom.

Accidents and mistakes happen. Facing an assault charge in Virginia is a serious matter and one that should be addressed with the help of an experienced defense attorney. If you are looking at criminal charges in Virginia, call us today to discuss the specifics of your case.

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.

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.

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.

Reasons for a Reckless Driving Stop: Jealousy, or 105mph Speed?

I ran across an amusing post on a message board asking for help on a reckless driving ticket in VA.

Hey guys, I ran into some bullsh*t cops today on I95. I was apparently going 105mph in a 55mph zone. I think the cops were just jealous of my modded Honda Civic, so they decided to pull me over. It was total bullsh*t man. They've probably never even seen Fast & Furious. There was like nobody on the road, except the people behind me that I was passing. I am so pissed. They said it was reckless too!

What should I do? Hire a lawyer? Hire an attorney? Try to sue the cops for lying? It was really embarrassing to have to pull over for these idiots. It's like they have nothing better to do. Should I just ignore it? What's the worst that could happen? I don't want to have to pay for this fine. If I ignore it will it just all go away? I just want to close my eyes and make it all go away....Please, anyone out there? Helloooooo?

Maybe this is a fake plea, but it is entirely plausible that there are people this young and ignorant on the roads.

It is amusing to think that someone might suspect "jealousy" as a motive for a police stop, over the less emotionally dramatic, but more practical possibility that the cops decided to pull him over because he has traveling 50mph OVER the posted speed limit.

For that kind of speed, it will likely take some fairly miraculous lawyering and judge on painkillers to keep him out of jail. Most of the time 90+mph is plenty for an invitation to be a guest of the Commonwealth for a few days, and over 100mph is asking for an extended stay.

And some Virginia judges are perfectly willing to require some jail time for ANY reckless driving charge of any speed.

For any criminal offense, it makes sense to consult with an experienced Virginia defense attorney. Just because the incident resulting in a traffic citation, and not an arrest on the spot, doesn't make it any less serious. Reckess driving is a criminal offense, as serious as a DUI. Any Class 1 misdemeanor conviction is a serious black mark, resulting in a criminal record that can haunt you for years, and possibly the rest of your life.

So take advantage of a criminal defense case evaluation. Even talk to several different attorneys if you need to, in order to find the attorney who gives you the best advice, and really knows what he or she is talking about.

And, no, a criminal citation for reckless driving in Virginia will absolutely not "go away" if you ignore it. Be smart, and deal with something like this as quickly and aggressively as possible. Because there is often a lot you can do to help yourself and get charges significantly reduced.

Speeding & Reckless Driving Crackdowns in Virginia

One wonders what prompts news reports of enhanced enforcement of traffic violations and reckless driving laws in Virgina.

Is there any difference between enhanced enforcement and regular patrols? If so, what factors invoke the need for extra efforts in these safety enforcement operations that the Virginia state police is so fond of publicizing?

It is understandable that press releases make news, and may help drivers think twice about their careless driving, and the impact it will have.

But it is it just publicity, or are there actual extra patrols unleashed at certain times? Because the publicity effect and value is probably the same whether enforcement efforts are really any different.

Just an honest question.

But, from this news we did learn that:

• On 1-64, the ratio of regular speeding tickets to criminal reckless driving citations is just under 7 to 1 (1700/251).
• While on I-66, the speeding to reckless citation ratio is 5 1/2 to 1 (680/123).
• Some small percentage of traffic stops result in felony drug charges.

What does it all mean? Does any of this really inform a driver's behavior? Or is it column filling pseudo info for newspapers, and busywork for the state police public relations department.

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If you are stopped for reckless driving or arrested and charged with a crime in Virginia, please contact our attorneys for a free case evaluation and consultation.

Reckless Driving Enforcement in Albermarle County

The Albemarle County Virginia sheriff's has announced aggressive reckless driving enforcement and patrols along Seminole Trail (Route 29) in Albemarle County. Drivers along this road are said to routinely ignore posted speed limits of 45 miles per hour, and the number of incidents of traffic accidents are high.

Everyone is supportive of safer roads, but there are parts of this road where it is very easy to naturally gain speed. And given that speed limits along route 29 were recently lowered, there are going to be a lot of Virginia drivers just making an honest mistake who end up with a criminal reckless driving charge.

At the bottom or the article is a strange and possibly telling note: that police also intent to use these vehicle stops to check drivers and vehicles for "secondary violations", which include seat belt violations, equipment problems, and as mention in the video, impaired driving, in addition to speeding or reckless driving by speed.

I wonder exactly what equipment violation would count as a secondary violation? Under the law, a broken tail light or an expired inspection would be a valid primary reason for Virginia police to pull you over. So what else are they hunting for?

Given that reckless driving charges are a significant revenue source for the government, one has to be suspicions that these reckless driving enhanced enforcement patrols are at least partially influenced by a desire to pick up some extra money in a difficult economic environment. And that is a tough thing to do when Virginians, like all Americans are struggling with their own family's economic and job security.
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If you are charged with the crime of reckless driving in Virginia, contact our attorneys for a free consultation. We'll let you know how we can often get your charges reduced to a civil penalty, saving you thousands in fees and insurance costs, and keeping you from getting a permanent criminal record.

The consultation is free, with no further obligation.

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.

Fredericksburg VA Finds New Uses for Licence Plate Scanners

There is a new effort to collect personal property (vehicle) and real estate taxes in Fredericksburg, VA. Police are using license plate scanning technology to spot residents with unpaid fees and fines, and boot their cars until the fees are settled.

The automatic license plate scanner system that is at the heart of the smartboot technology scans the plates of the cars as the police vehicle passes by them. The plate numbers are matched with a database of known citizens with outstanding payments due, whether for taxes or outstanding parking tickets. If a match is found, the officer is instantly alerted inside the vehicle, he stops, and places one of these boots on your car to immobilize it until you pay the fees owed.

According to the article the city of Fredericksburg has already paid for the system in increased fees collected.

License plate scanning technology is more commonly used by police departments to locate cars that have been reported stolen, as well as drivers who may have suspended driver's licenses, or outstanding criminal court warrants. Government and law enforcement authorities are easily able to identify cars or drivers with legal issues via database matches, they can flag the vehicle in these systems to be notified if it is scanned and located.

Similar systems are in use in Richmond and are becoming increasingly common across Virginia.

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If you are charged with a criminal offense in Virginia, please contact our attorneys for a free criminal defense legal consultation.

DUI Arrests in Virginia Beach Exceed State Average

According to an article in the Virginian-Pilot, Virginia Beach accounts for 9% of the state's DUI arrests, with only 6% of the population. The raw numbers are: 2321 arrests for DUI in Virginia Beach last year, which is nearly twice as many drunk driving arrests made by officers in Chesapeake, Norfolk, Suffolk, and Portsmouth combined.

Officers attribute these facts to the "party atmosphere" in the city, particularly in the Oceanfront area with many bars.

Of course, just because more people are arrested for DUI in Virginia Beach doesn't mean that the actual incidences of drunk driving are necessarily higher. A significant factor could be more aggressive patrols and enforcement. It's entirely likely that more people who drive while intoxicated in Virginia Beach are pulled over and prosecuted then in other parts of the state.

The Virginia Beach police department has a dedicated DUI enforcement team, and those officers receive an additional 40 hours of training specific to DUI arrests, which includes spotting potential impaired drivers, field sobriety test administration, and breath test machine operation.

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If you are arrested on a DUI charge in Virginia Beach, please contact us for a free case evaluation and defense consultation. There are always options to defend your rights and work to protect your driver's license.

Hampton Roads, VA Targeted for Traffic Offenses

The Virginia State Police announced operation air, land and speed, targeted for the Hampton Roads area. This event consists of stepped up enforcement of traffic regulations, including speeding and reckless driving, expired inspection stickers, and whatever else they can dig up.
You can bet that it means if you are pulled over for any reason this weekend on I-64, I-264, I-464, or I-664, you won't be getting off with a warning. Typically when these events are publicized, they are looking to have some impressive traffic statistics to show for their efforts. And with that comes a significant boost in revenue from fines and fees to the state.
The stated reason for this increased traffic enforcement effort is the increase in traffic fatalities in the Hampton Roads area, which is certainly a worthy goal. But gratuitous criminal citations for the toughest reckless driving laws in the county are unlikely to help anything but a mistrust of police authority.
If you are facing any traffic charge in Virginia, contact us for a free legal consultation.

Virginia Driver with License Plate KAB-xxxx - you're on notice!

Here's a trend to be aware of in this age of infinite data sharing: a user generated complaints board about road rage and aggressive driving, where citizens complain about drivers, and name names! (ok, license plates).
The implications of this are potentially interesting with the massive data searching and analysis tools we all have at our fingertips.
At least this person decided not to call the police. Harmless venting, or pointless whining? You decide.
Here's the posting on this alleged aggressive driver in Danville, VA.

Roanoke Police using Automatic License Plate Scanners

Another step in the continuous surveillance mode that increases everyday across Virginia and the nation. Police in Roanoke, VA are now using license plate scanners as noted in this story about locating stolen vehicles.

What is good news for anyone who's car has been stolen is very bad news for anyone who happens to have an outstanding criminal warrant or suspended driver's license.

How these license plate video scanners work is they literally scan and check the license plate of every car within range of the video camera, mounted on a police car. They work while the car is either stationary or moving, and can check thousands of plates per hour.

The plate numbers are cross checked with a computer in the police cruiser that has a frequently updated database of license plates, and their owners. If the owner of the car is known to have an outstanding warrant, or a suspended license according to the Virginia DMV database, the police officer is instantly alerted, and your car is pulled over and you are arrested.

This technology is cheaper and more widespread everyday. If you local Virginia police department isn't using it yet, they likely will be soon. And many of these databases are nationwide, and linked together. So if you happen to have a warrant from 10 years ago in California for missing a court date, or skipping a court ordered payment, you are at risk of arrest at anytime, just for driving down the street.

Please contact us for help with any old criminal warrant, or if you've been caught driving after your license has been suspended. We may be able to help.

Virginia Under 21 DUI Penalties

Virginia DUI laws for those under 21 are about to change. As of July 1, 2008, the "baby DUI" law penalties will become much stricter.

Under this new law, the penalty for any measurable alcohol in your system (.02% BAC) if you are under the legal drinking age in Virginia (21) will result in a 1 year license suspension, and either a minimum $500 fine, or a minimum of 50 hours of community service to be performed.

This is categorized as a Class 1 Misdemeanor, the same as an over 21 Virginia DUI (with .08% BAC).

If you've been arrested and charge with a DUI in Virginia, please contact our experienced criminal defense & DUI attorneys. Our local attorneys know the courts ,the law, and can help you challenge the courts. We look for every opportunity to beat your DUI charge, but we are also realistic and will fight for the best plea deal allowed by law, if that is in your best interests. Contact us for a free legal defense consultation and case evaluation.

A Virginia Criminal Conviction can Ruin Your Life

A criminal record in the age of easy background checks can prevent you from getting the job you want being a productive member of society decades after the incident. In this harrowing story, a woman who paid here debt to society and by any reasonable standard is no threat or danger to anyone, despite a serious crime (bank robbery) in her past is denied the chance to work in a job where she can help people.

Many employers and state licensing boards will reject out of hand anyone with a criminal record, even for a minor incident.

Virginia in particular is ranked one of the worst states in allowing people with criminal records to function and prosper in terms of employment opportunities, as well as take advantage of the social safety net or public housing, public assistance, and more.

These are important things to consider before pleading guilty to any criminal charge. The implications of accepting a conviction could haunt you for the rest of your life. You need to make sure you have considered every possible criminal legal defense option that has a chance to keep your record clean and beat the charges.

Please contact us for a criminal defense consultation on any charge in Manassas/Northern Virginia, Richmond, Virginia Beach, or elsewhere in Virginia.