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Virginia Speed Limits Going Up

The speed limit on 680 total miles of Virginia highway is set to increase from 65 to 70mph this year, but most of the change will be on rural parts of the highway system, and not I95 or I64 in metro areas.

According to WTVR, the signs will begin to be updated by the end of this month. But don’t jump the gun and think that the high speed limits will be allowed until the posted signs are updated. Police will still be issuing speeding tickets and reckless driving citations for 20mph over the old limit that reflect the existing signs.
All in all, the changes will not affect most drivers in Virginia. And there are no changes to the laws, Virginia will continue to have one of the toughest reckless driving laws in the nation, with criminal misdemeanor charges for anyone driving 20 miles per hour over the posted speed limit.

In Virginia, Authorities Crackdown on Prescription Drug Abuse

This week, the Washington Post revealed a massive effort taking place in Northern Virginia to prevent the sale and illegal use of prescription drugs. What is being called “Operation Cotton Candy” began in 2002 and involves law enforcement at local, state, and federal levels. Some are calling it a waste of time and money but the U.S Attorney’s office points to 170 convictions as proof that they are doing something right.

Illicit prescription use is at an all-time high in every state in the nation. Legal with a prescription but highly dangerous without, drugs like Oxycontin are highly addictive and creating a black market that includes people from all walks of life.

According to the Washington Post report, doctors, nurses, and grandmothers have been caught up in Operation Cotton Candy, including one physician who was accused of prescribing an unheard of 1,200 Oxycodone pills per day to a single patient.

People have a tendency to view prescription drugs as somehow safer than drugs like crack or heroin. They think that because they come from a pharmacy and are commonly recommended by doctors, they can’t be as dangerous as these more well-known street drugs. This, unfortunately, couldn’t be further from the truth.

Prescription drugs are highly addictive. Often, addiction begins when the drugs are prescribed for a legitimate reason, an injury for instance. As tolerance builds, you begin taking more and more; and if your supply is cut off, you may take drastic measures to ensure your need for the drugs is satisfied.

Once caught in possession of illegal drugs, prescription or not, a harsh reality check often results. Drug charges like these can end up with years in prison. Handling an addiction becomes especially difficult in a place like that.

If you are facing drug charges like this, or if you are accused of selling prescription drugs, we may be able to help. If this is your first offense, we may be able to get you a second chance.
Contact us today to discuss the details of your case. We look forward to hearing from you and helping you overcome this difficult point in life.

Virginia Seeks to Overturn Concealed Weapon Ban

Virginia is one of a few states that currently have a law on the books preventing the carrying of concealed weapons in places that serve alcohol. All of that may change in the near future as the Virginia Senate and House of Delegates have voted to overturn this ban. All that remains needed is the governor’s signature.

The current ban applies to people who are permitted to conceal a weapon on their person. Supporters of the change in the law state that these people are law abiding and responsible and shouldn’t have to restrict their activities when they have their weapons on them. By overturning the ban, supporters believe crime may be reduced.

There are often stories in the news about gun rights and restrictions. It’s a touchy issue simply because although the 2nd Amendment guarantees our right to bear arms, the States withhold the right to regulate that. This is why each state has numerous weapons laws and regulations, all done in the interest of public safety.

Under the new law, people with permits to carry concealed weapons would not be restricted from businesses unless the business elected to set their own rules. There would no longer be a state ban on carrying a weapon into a bar, for instance, or a restaurant where alcohol is served.

This doesn’t mean anyone can carry a concealed weapon. Like all other gun laws, there are steps that must be taken in order to get a permit. If caught with a concealed weapon and without a permit, you can face criminal charges. While the first offense is a misdemeanor, that charge is elevated to a felony for any subsequent incidences.

There are numbers opportunities for criminal charges involving weapons. I discuss a few of them here on the weapons page. Whether you are charged with one of these offenses or another weapons charge, we can help.

Contact us to discuss your case and to get some valuable free legal advice.

New VA Law Allows 70mph Speed Limits, But Nothing Raised Yet

Governor McDonnell signed into law a change that will allow maximum speed limits on Virginia Highways from 65 to 70mph.
But, “Not so Fast” is the watchword for Virginia motorists looking to shave a little time off their drive, or have a little extra cushion before speeding violations and even reckless driving citations become a threat.
The law as written allows the VDOT to review certain stretches of highway and decide if they deem them safe for a speed limit increase, but no speeds have been raised as yet. The Virginia Department of Transportation has said it intends to heavily scrutinize and study any eligible stretch of highway before making any changes.
If, eventually, some parts of I-81 are raised to a new 70mph limit, some legislators have indicated they would be open to making changes to parts of Virginia’s tough reckless driving laws. Current law makes it a class 1 Misdemeanor criminal offense to drive over 80mph. Another section of the reckless driving law makes it a crime to drive 20 mph over any posted speed limit.
Logically, most people would agree just 10 mph over the legal limit shouldn’t be a criminal and jail-able offense.
It’s still all speculation, but it is good news that the Commonwealth is at least considering some rational changes to our speeding and reckless driving laws.

VA Beach DUI Case for NFL Great Bruce Smith

Brice Smith pled guilty to one count of DUI in a Virginia Beach courtroom this past week. He was arrested last May after failing field sobriety tests and refusing a breathalyzer. This marks the famed defensive end’s 3rd DUI charge.

Oakland at Buffalo, 21 September 2008While Smith denied drinking on the night of his arrest, he later admitted that he was under the influence according to this Football News Now report. The arrest occurred after he had been drinking wine with friends in Norfolk.

Under the terms of his case he received a $1,000 fine, a one year driver’s license suspension, an alcohol safety class, and a 90 day suspended sentence. A “suspended” jail sentence simply means
that if Smith is rearrested at anytime during his probationary term, the 90 day sentence could be activated and he could be required to spend time in jail.

According to the article from Football News Now, Smith’s first DUI case was dismissed and he was acquitted, or found not guilty, the second time he was arrested for the offense. It seems as if, with his third arrest, Smith’s luck had run out.

Although this wasn’t Smith’s first arrest, the result of his prior DUI cases mean this one was treated as his first. If he had been convicted or pled guilty the last two times, he would have been facing a much more stringent sentence this time around.

For a third offense DUI you are required to serve a minimum of 3 months in jail if convicted.
Also worth noting is the effect his refusal to take a breath test may have had on his case. If you refuse a breath test and are later found to have been under the influence, you will lose your license for one year.

When facing charges of DUI, whether this is your first offense or your fourth, we can help. We understand you want the best results possible and will pull out all the stops to ensure that happens.

From challenging the stop to the breath test results, we will leave no stone unturned when it comes to fighting on your behalf. Contact our lawyers today to discuss the details of your case.

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 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.

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.

More on Driving I-81 Dangers

As we noted before, I-81, especially near Page and Shenandoah counties is a dangerous road. This has been recognized by the Virginia Department of Transportation, and today’s comments about a reckless driving charge for a truck driver who fell asleep add some extra food for thought.

Due to budget cuts, rest areas have been closed, and it is illegal to pull over on the side of the road to sleep. This may have been a significant factor in the accident after the driver fell asleep at the wheel.

Fortunately, there was no one was harmed in this incident. But when you take roads that VDOT and the Virginia State police know to be dangerous, and make them more dangerous due to short term budget constraints, you are toying with public safely in a disturbing way.