Moving with the tech times, the Virginia State Police recently announced the launching of a new smart phone app—one that will allow citizens to report crime tips directly from their phone. Called “See Something. Send Something,” the police are hoping the app will turn neighbor against neighbor and leave them looking like the good guys. [Read more…]
Elderly Woman Killed By Police Looking for Potential Burglar
What do you do when you believe someone is trying to break into your house? Call the police. And that’s exactly what 83-year old Delma Towler did when she suspected a burglary at her Altavista home late one night a few weeks ago. What happened when the officer responded was a tragic and disturbing incident that is still not fully explained. [Read more…]
Virginia Cops Trained in “Spinning” the News
When you “spin” a news story, you tweak it to have a subjective point of view—to have a muted and often undetectable bias. Mainstream media does it all the time, despite high quality journalism supposedly being objective and unbiased. But now cops are getting in on the action. At a recent conference in Richmond, police agencies from around the country sent representatives to learn how best to use media to their advantage.
The event was hosted by the Richmond Police Department and was a three-day conference. According to the Times-Dispatch, the cops were there to learn the “tricks” of the trade and “how to put their own spin on the news they create.” (Notice, they aren’t there to learn how to relay facts or report the news, but to create and manipulate the news.) [Read more…]
Charlottesville man in Police Chase
While few police stops are quite that exciting or dramatic, a recent attempted police stop resulted in a police chase in Augusta County, by vehicle and on foot, resulting in an overturned vehicle and minor injuries for the defendant, and a trip to the Middle River jail.
The news report at NewsLeader.com doesn’t say why the police were originally attempting to pull over Trevis H. Johnson, 28, of Charlottesville, but he was later charged with reckless driving, drug possession, and eluding police.
Typical police stops for reckless driving, the likely cause for the original police attention to the defendant, result in a criminal citation for a Class 1 misdemeanor. This charge is a serious offense, but there are often opportunities to challenge a criminal reckless charge in VA courts.
Getting this offense reduced to an improper driving civil citation is a real win, and is something that is regularly accepted by judges if your attorney can make a successful argument.
If you flee the police, and roll over your vehicle, then run away on foot however, avoiding a reckless driving penalty is probably not going to happen. But you definitely need a lawyer, even more urgently.
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More on questions about reckless driving.
Chesapeake Cop Cameras Getting an Upgrade?
Police in Chesapeake were some of the first in the nation to begin wearing cameras. Three years later, the Chief of police is looking at some very high-tech replacements and weighing the benefits of the cameras in general. According to the Pilot Online, complaints against police officers who wear the cameras are down and the department doesn’t regret their usage for a second.
In 2008 thanks to a grant from the Bureau of Justice Assistance, Chesapeake police were able to purchase 90 cameras from the VIEVU company out of Seattle. Designed by a former officer himself, these cameras are worn as part of the officer’s uniform and record any interactions that occur directly in front of him or her.
The cameras were given specifically to those officers who had frequent interactions with the public and those who had a history of complaints. What the department found was that complaints dropped and a good deal of complaints that were made were discredited by the cameras. While the Pilot Online subtly suggests most complaints are erroneous in the first place, there’s good reason to believe that the cameras put officers themselves on their best behavior.
Because of their seeming effectiveness, the department is looking at more complex cameras, with a longer recording time and the ability to add case notes to the video files. These cameras are made by Taser and the department says there is only one major problem—too many wires.
VIEVU cameras can record 4 hours and Taser cameras can hold 30. Looking a little RoboCop-esque, the Taser units also have LCD touch screen units that allow the officer to watch what he recorded. Interestingly, the report doesn’t mention if the officer himself would have editing power, something that would no doubt be a mistake.
The Pilot Online does mention these newer Taser units have an on/off switch. Many departments who have recently begun using cameras have barred officers from stopping the recording or having any ability to edit the video.
Police cameras do more than protect officers from bogus complaints, they protect the people from abuse of power by the police. But if the officers are allowed to stop recording, this isn’t a very trustworthy precautionary measure.
Also, it’s ironic that so many police agencies are moving towards individual cop-cams at the same time battling citizens equipped with cameras. Apparently, they only want to be behind the camera.
When you are accused of a criminal charge in Virginia, the likelihood that it was caught on any sort of recording device is pretty slim. However, even if it was, all hope is not lost. If you are charged with a crime and curious about how the evidence against you may affect the bottom line of your case, a consultation with an experienced attorney is in order.
When is a Reckless Driving Charge Not Just A Reckless Driving Charge?
Reckless driving is a surprisingly standard and common offense in Virginia. Even though it is a criminal charge – a Class 1 Misdemeanor, the same as a DUI – it is very easy for the average person to get arrested and charged with reckless driving.
A Reckless driving charge only requires that you drive 20mph over the posted speed limit, or 80mph on highways to result in a criminal charge of “reckless by speed“.
Of course, not all reckless offenses are quite that benign or accidental. The Times Dispatch, in it’s regular Crime and Police News Section, reports on an incident where a person allegedly runs through a red line, and then attempts to run from the police.
He was ultimately stopped after an extended chase involving multiple police departments. One of which laid down a spike strip to blow out the tires and cause the car to stop.
He was arrested for both reckless driving and eluding police, a felony criminal traffic offense.
Of course such an incident is far from typical. Judges see reckless driving defendants every day in Virginia courts, and very few are quite this dramatic.
Most are average citizens who may have been driving a bit to fast, but never expected to find themselves accused of criminal charges.
Fortunately, our attorney can very often help get these charges reduced to non-criminal offenses, like a regular speeding ticket, or improper driving.
This legal representation costs far less than the fines and fees you would face if you are convicted of reckless driving. And many judges absolutely will convict you of the charge. In some jurisdictions, with particularly cranky judges, you are at real risk of a night or two in jail, just for driving a bit too fast!
It makes sense to consult with a Virginia defense attorney who regularly defend reckless charges to find out what your options are for getting rid of this legal problem as painlessly as possible.
Virginia DUI Arrests Up over Thanksgiving Weekend
Hampton Roads.com reports that DUI arrests over this past holiday weekend were up over previous years, while the number of highways deaths was down.
At least one of the 9 deaths on the highways was thought to be alcohol related. Totals statewide by Virginia State Troopers are listed as 175 DUI arrests, 2,780 reckless driving citations, and 10,116 speeding tickets.
In 2009, there were 16 deaths and 123 DUI charges over the same period.
What these numbers mean is always open to interpretation. The police will always say that every statistic indicates that they need more patrols, and that there are still too many drunk drivers on the road.
More arrests of dangerous impaired drivers that take people off the road is a good thing, but arrest numbers are generally proportional to the amount of effort and police officers on the streets, and rarely suggests that more officers actually reduced the number of people who may drive while impaired.
But prevention is a difficult thing, and isn’t accomplished by police presence alone.
Increased Patrols on Virginia Highways Through Holiday Weekend
Virginia State police have announced increased police patrols and presence on the highways from now until the end of the holiday weekend.
In a multi-state effort as part of the Combined Accident Reduction Effort (CARE), the VSP will have extra officers looking for impaired and drunk diving, distracted driving, reckless driving, speeding, and seatbelt violations.
Extra police efforts on the roads are commonplace during holiday weekends, and are often funded by federal highway programs.
As alway, be careful on Virginia roads, and obey all traffic laws during this busy travel time.
Aggressive Reckless Driving Enforcement Statewide
As reported in the Washington Post, the Virginia State Police have been stepping up weekend traffic patrols. They are aggressively targeting and enforcing speeding laws, and have made hundreds of arrests for reckless driving, DUI, and drug possession, as well as thousands of citations for speeding and sear belt violations.
The statewide effort, designated as operation Land, Sea and Air by the Virginia State Police, has been primarily focused on I-64 through the central part of the state from Staunton, through Charlottesville, and to Richmond, and I-66 across Northern Virginia.
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.