RECENT BLOG POSTS
Deferred Disposition for Intellectual Disabilities
Starting July 1, 2020, Virginia will allow deferred dispositions for those diagnosed with autism spectrum disorder or an intellectual disability if it is shown by clear and convincing evidence this caused the criminal conduct.Virginia will soon allow deferred dispositions for those diagnosed with autism spectrum disorder or intellectual disabilities where there is clear and convincing evidence that the disability caused or had a direct substantial relationship with the criminal conduct. This is allowed for many criminal cases, but not allowed for cases like capital murder, acts of violence, or a crime with a statutory deferred disposition provision already codified. It will not matter if the person charged had previous convictions or deferments. § 19.2-303.6. Deferred disposition in a...
Virginia DUI “Any Purpose” Restricted License Option
Broader "Any Purpose" Restricted License Option Available for Those Convicted of DUI Starting July 1, 2020If you have been charged with a DUI (Driving Under the Influence) in a General District Court in Virginia, Virginia's law on restricted licenses will change significantly on July 1, 2020. VA Code § 18.2-270.1 deals with ignition interlock and restricted licenses after a DUI conviction. This law was recently amended, and the change gives defendants more options. Formerly, if a defendant was convicted of a first offense DUI, his or her license would be suspended for a period of one year. During that year of suspension, the person could request a “restricted license” that would allow them to drive for a very limited number of purposes (i.e., to and from work; to and from jail and other...
Driving Under a Suspended License (Mandatory Jail No Longer Required)
Photo by Grant Durr on UnsplashAs of July 1, 2020, Virginia law will not require mandatory jail time for a 3rd or subsequent Driving Under a Suspended License offense. This means that for all "Driving Under a Suspended License" convictions, jail time will be discretionary. A judge can still give up to one year in jail and/or a fine of up to $2,500. A judge will normally tack on a suspension to your license for the period it was originally suspended (or up to 90 days if the suspension was indefinite). In the past, a judge's hands were tied and he had to give jail of at least 10 days as a mandatory minimum for a 3rd or subsequent offense. This change in the law will allow judges to have more discretion in showing mercy. They will be able to consider factors such as why your license was...
Virginia’s Reckless Driving Threshold Increased to Above 85 mph
Photo by Ludovic Charlet on UnsplashAfter his fifth year of sponsoring a bill, Sen. David Suetterlein of Roanoke County was successful in increasing Virginia's reckless driving by speed threshold to driving above 85 mph, instead of above 80 mph. (On a side note, I noticed that Sen. Suetterlein went to Grove City College and we probably shared some of the same professors since our time there overlapped. I'm glad to see a fellow Grover making an equitable change in the law. I'll explain why it this is equitable below.) Starting July 1, 2020, reckless driving by speed in Virginia will be defined as driving in excess of 85 mph (instead of in excess of 80 mph which is the current law) or driving at a speed of 20 miles per hour or more in excess of the speed limit. You can still get a reckless...
Eluding the Police in Chesapeake, Norfolk, and on the Chesapeake Bay Bridge Tunnel
Photo by Alessio Lin on UnsplashOur traffic defense attorneys regularly defend clients against eluding the police charges. For drivers caught eluding the police in the Hampton Roads area, it is not uncommon that the pursuit ends after a crash. Most judges give increased jail time when a crash occurs. Eluding can be a misdemeanor or a felony, even when no actual harm or crash has occurred. Where a crash has actually occurred, it is likely the eluding charge will be brought as a felony and the driver will also be charged with reckless driving for the accident. Here are some recent examples of eluding the police in Chesapeake, Norfolk, Virginia Beach and Northampton: On Sunday, it was reported that a vehicle was involved in a pursuit with the State police in Chesapeake. According to Wavy,...
How to Get a Speedometer Calibration Done Properly
Photo by Chris Liverani on UnsplashIn Virginia, courts allow a defendant in a speeding case or reckless driving by speed case to present evidence (known as a speedometer calibration) showing that his speedometer was not working properly. While a speedometer calibration test may be helpful in certain situations, the speedometer calibration report needs to be in proper form to be accepted in court. Virginia Code § 46.2-942 states that "the court shall receive as evidence a sworn report of the results of a calibration test of the accuracy of the speedometer in the motor vehicle operated by the defendant... at the time of the alleged offense." Properly authenticated calibration test results are admissible in court and the technician who performed the test does not have to be in court with...
Is Eluding the Police a Misdemeanor or Felony in Virginia?
Photo by Matt Popovich on UnsplashOne major factor in whether eluding the police in violation of Va. Code § 46.2-817 is classified as a a misdemeanor or felony is whether there is proof of endangerment. This endangerment of a person can refer to either the police officer or a member of the public. Courts in Virginia have indicated that the potential harm need not be actual harm or even be imminent! In Jones v. Commonwealth (Va. App. 2015), the Court of Appeals explains: "To 'endanger' is to 'expose to danger, harm, or loss.'" Coleman v. Commonwealth, 52 Va. App. 19, 24, 660 S.E.2d 687, 690 (2008) (quoting Webster's New World Dictionary 448 (3d coll. ed. 1988); The American Heritage Dictionary 452 (2d coll. ed. 1982)). "The object of the endangerment can be the driver himself, the police...
The Limit of Emergency Powers in Fighting Covid-19
Photo by Aaron Burden on UnsplashI recently wrote about how I thought the Constitution and Bill of Rights were being trampled on during the coronavirus crisis. This raised the question of whether or not I believed in the executive branch's use of "Emergency Powers." Are there special circumstances and times to restrict civil liberties? Yes, I do believe in Emergency Powers. In law school, we discussed how special powers are given to the executive branch in times of war or other exigent circumstances to give the executive branch a boost to temporarily address an emergency, until the legislature can convene or until an emergency passes. During these times we allow the government, led by the executive branch, more liberty to trample on individual rights for the sake of the public health...
Covid-19 and Constitutional Rights
Photo by Joshua Sukoff on UnsplashHow do you view the Bill of Rights? Is it essential or non-essential to America's health? In a report from the Atlantic, it is mentioned that most Americans support the taking away of freedoms granted in our constitution (also known as constitutional rights) in order to give government more control to combat the coronavirus epidemic. Most respondents in a survey were willing to force health-care professionals to work despite risks to their own health, allow forced quarantines in government facilities, criminalize speech based on content, suspend all religious services, and allow the government to seize businesses. If we learn anything from the Japanese internment camps during WWII, it is that unconstitutional violations of liberty are often made when the...
February-March 2020 Case Results: Involuntary Manslaughter and Hit and Run Avoided
DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER Below we feature a sampling of case results for February and March of 2020. We avoided convictions for a number of felonies, such as hit and run and involuntary manslaughter. We avoided convictions for misdemeanors such as hit and run, reckless driving by speed, reckless driving for passing a stopped school bus, possession of marijuana, driving on a suspended license, tunnel height violation, no city hauling permit, aggressive driving and no insurance. Reckless driving dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Suffolk, Newport News, Hampton, and Accomack. Reckless...