by Peter J. Louie, Esq. | Feb 1, 2021 | Case Results, Criminal Law, Traffic Law
What would you do if you were wrongfully stopped by a police officer and charged with a jailable offense when you were actually doing nothing wrong? This happened to my client on July 5, 2020 on his way to the midnight shift at Norfolk Naval Base on I-564. Keith was...
by Braden Carroll, Esq. | Jan 23, 2021 | Criminal Law, Traffic Law
Photo by Anh Vy on Unsplash (Previously Attorney Louie discussed that just because an accident happened, that should not automatically mean that the driver involved was driving recklessly. Here, Attorney Carroll discusses the mens rea required for reckless driving...
by Peter J. Louie, Esq. | Jun 5, 2020 | Criminal Law, Traffic Law
On July 1, 2020, Virginia changed some of the laws for reckless driving, DUI, and other traffic law violations. As of July 1, 2020 these Virginia laws changed: Reckless Driving Threshold Increased to Driving Above 85 mph – It will still be reckless driving by...
by Peter J. Louie, Esq. | Jun 5, 2020 | Criminal Law
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...
by Peter J. Louie, Esq. | Jul 15, 2015 | Case Results, Criminal Law, Traffic Law
Previously, my client’s DUI (2nd offense) and refusal to take the breathalyzer charges were dismissed. You can read about that win here. That client also had two felony charges that were certified to the Circuit Court, but after a trial,...
by Peter J. Louie, Esq. | Dec 15, 2014 | Case Results, Criminal Law
On December 9, 2014, I helped two clients in two different cities get dismissals of their charges in Norfolk General District Court and Chesapeake General District Court. See below. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL...
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...
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...
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...
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...
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...
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...
