If arrested for DUI, in most instances, one must do a breath test. In Virginia there are usually two breath tests: the preliminary breath test that is usually administered roadside prior to one being arrested, and the evidential breath…
One of the most common misunderstandings in criminal and traffic law is that mistakes on the warrant or summons automatically results in a dismissal of the case. Most of the time, such mistakes have no effect. In a recent…
Often, words used in Virginia criminal statutes are not colloquial. In a recent case, an allegation of Violation of a Protective Order was elevated from a misdemeanor to a felony based on whether the defendant entered a home “furtively.”…
The federal National Transportation Safety Board (“NTSB”) today voted unanimously to recommend a nationwide reduction of the “legal limit” in DUI cases from 0.08 to 0.05. To illustrate what an extreme drop this would be, one is presumed sober…
QUESTION: I am charged with the felony “Hit and Run.” The victim went to the hospital, but was told that her temporary back pain was the muscle – no broken bones. Does this count as an “injury” to support…
Question: I was charged with DUI and Refusal. Is Virginia’s Refusal law constitutional? I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually…
Miles Construction is a service-disabled veteran-owned small business (“SDVOSB”). As such, it enjoys priority when bidding on some federal government contracts. It bid on a contract for the repair of a storm sewer at the Coatesville, Pennsylvania VA Medical Center that…
Any time before a judge accepts a guilty plea and finds a defendant guilty, the judge may amend the charge to a different, lower crime and find the defendant guilty of the lower crime, according to an important recent…