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Negotiating a Null Pross (“Nolle Prosequi”) or Dismissal Pretrial

by Peter J. Louie, Esq. | Aug 7, 2014 | Case Results, Criminal Law, Traffic Law

There are times that I am able to persuade an officer to null pross or dismiss my client’s case simply by talking with him before court. (Both a null pross or a dismissal are good results. I have written about the difference between a null pross and a dismissal...

SCOTUS Approves of a Traffic Stop Based on Anonymous 911 Tipster

by Peter J. Louie, Esq. | May 10, 2014 | Criminal Law, Traffic Law

Photo by Alexandre Boucher on Unsplash On April 22, 2014, the United States Supreme Court determined that an anonymous tip from a 911 caller alleging a traffic violation may be enough to establish reasonable articulable suspicion for a law enforcement officer to...

What Constitutes “Operating” a Vehicle for DUI/DWI in Virginia?

by Peter J. Louie, Esq. | Apr 30, 2014 | Criminal Law, Traffic Law

Virginia Code § 18.2-266 makes it unlawful for any person to “drive or operate any motor vehicle… while such person is under the influence of alcohol.” If you were charged with a DUI and were not driving at the time of your police encounter, it...

Driving While Intoxicated Does Not Equal Reckless Driving

by Peter J. Louie, Esq. | Apr 9, 2014 | Criminal Law, Traffic Law

I have had clients charged by police officers with Driving While Intoxicated, that received a “wet reckless” disposition from the General District Court judge when we kept the BAC certificate out under the 3 hour rule. While this was a good result, we...

How My Client Avoided a DUI conviction with a .14 BAC (Under the 3 Hour Rule)

by Peter J. Louie, Esq. | Mar 12, 2014 | Case Results, Criminal Law, Traffic Law

Photo by Jon Tyson on Unsplash Last Friday, I had a client’s whose DUI charge in Norfolk General District Court resulted in a “wet reckless” conviction, a great win for my client. (While this was a win, we appealed the reckless driving conviction and...

What is a “Wet Reckless” Outcome in Virginia?

by Peter J. Louie, Esq. | Feb 25, 2014 | Criminal Law, Traffic Law

Wet reckless is the term used by Virginia traffic defense attorneys when a defendant is found guilty of reckless driving where alcohol is involved. This happens most where a defendant is charged with a DUI, but in the final disposition (either by plea agreement or...

How You Should Respond When Stopped by a Police Officer

by Peter J. Louie, Esq. | Jan 21, 2014 | Criminal Law

Photo by Erik Mclean on Unsplash Recently a friend of mine, a young lady, was pulled over by a male police officer in Virginia Beach. She noticed she was being followed by an officer and was eventually stopped for “weaving” as she drove, which she...

What is Constructive Possession of Marijuana?

by Peter J. Louie, Esq. | Nov 7, 2013 | Criminal Law

Photo by Matthew Brodeur on Unsplash I recently had a client whose possession of marijuana charge (under VA Code § 18.2-250.1) was dismissed because the police officer failed to prove that my client was aware of the presence and character of the substance, marijuana,...

Cuccinelli Understands that Justice Does Not Always Require a Conviction

by Peter J. Louie, Esq. | Nov 1, 2013 | Criminal Law

Photo by Karsten Winegeart on Unsplash Does justice always require a conviction? Imagine being wrongfully convicted of a crime you did not commit and then wasting away in jail for 27 years of your life. Then imagine being released from jail but placed on a sex...

Should I Hire a Spotsylvania DWI Lawyer?

by Peter J. Louie, Esq. | Mar 8, 2013 | Criminal Law, Traffic Law

Guest post by Attorney Andrew Flusche. If you’re charged with DWI in Spotsylvania, you really need to be thinking about whether or not to hire a lawyer. That applies to any DWI in Virginia, whether you’re charged in the Virginia Beach area, where my friend...

Recent Case Results for those Charged with Reckless Driving

by Peter J. Louie, Esq. | Jan 4, 2013 | Case Results, Criminal Law, Traffic Law

Recent Case Results for those Charged with Reckless Driving: A SAMPLE OF OUR RECENT RECKLESS DRIVING DEFENSE OF THOSE CHARGED WITH RECKLESS DRIVING*: *DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION.  CASE RESULTS DO NOT...

Virginia DUI Law Update: Ignition Interlock Required for a Restricted License

by Peter J. Louie, Esq. | May 1, 2012 | Criminal Law, Traffic Law

Photo by Zé Ferrari Careto on Unsplash As of July 1, 2012, everyone convicted of DUI in Virginia will need to install an ignition interlock device on their vehicle in order to receive a restricted license.  This expensive machine allows you to drive only after...
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Recent Posts

  • April 2025 Case Results: 97/60 RD Avoided and .22 BAC struck on DUI in Virginia Beach
  • March 2025 Case Results: DUI 2nd avoided, 98/60 RD Dismissed
  • New Virginia Law on the Way: Speed Limiting Devices for Virginia Reckless Driving Offenses
  • February 2025 Case Results: No jail for 97/55 RD
  • January 2025 Case Results: 94/55 RD Reduced to Infraction

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Peter John Louie, P.C.
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Virginia Beach, VA 23452

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