by Peter J. Louie, Esq. | Aug 1, 2014 | Case Results, Traffic Law
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. A few days ago, I defended two different clients charged...
by Peter J. Louie, Esq. | Jul 17, 2014 | Traffic Law
Photo by Jonathan Cooper on Unsplash If you were stopped at a traffic checkpoint and charged with a crime, it is important that your defense attorney make the Commonwealth prove its case. Any evidence which was seized in violation of the Fourth Amendment needs to be...
by Peter J. Louie, Esq. | Jun 25, 2014 | Traffic Law
Photo by Gene Gallin on Unsplash Drivers in Virginia should be aware of Virginia’s Move Over Law which was written to protect police officers. Virginia Code §46.2-921.1 explains that a driver must move over a lane when passing a trooper or...
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. | May 3, 2014 | Traffic Law
(July 1, 2020 Update: Virginia Law will no longer require mandatory jail time for a 3rd or Subsequent Driving Under Suspended Offense) A judge has a lot of discretion in determining the punishment for driving with a suspended license. As a class 1 misdemeanor, a judge...
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 14, 2014 | Traffic Law
If you possess a Virginia Driver’s License and get a DUI conviction out-of-state, you may be in for a surprise. Following a driving while intoxicated or DUI conviction in another state, the Virginia DMV will automatically suspend a license for one year when they...
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. | Apr 7, 2014 | Traffic Law
Photo by Riley Crawford on Unsplash If you possess a Commercial Driver’s License (CDL), Virginia law is extra strict on you. For a person with a regular license, the General District Court or Circuit Court may require you to go to a driver improvement...
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...
by Peter J. Louie, Esq. | Feb 12, 2014 | Traffic Law
Photo by Ludovic Charlet on Unsplash What will get you a speeding ticket in most states may land you a class 1 misdemeanor for reckless driving in Virginia. Recently Dodgers outfielder Yasiel Puig was stopped by a highway patrol officer in Florida for driving 110 mph...