Dangling Air Freshener Justifies Police Stop
Usually, police cannot order a motorist to pull over and stop unless he has a reasonable suspicion, based on fact he can articulate, that a crime or traffic offense is occurring in his presence. (Common exceptions are an arrest warrant...
Does one arrested for DUI in Virginia have to do the breath test? Ask the Arlington-Fairfax Criminal Lawyer.
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 test...
Ask the Arlington-Fairfax Attorney: Do I Win My Case if There is a Mistake on the Warrant?
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 case,...
Ask the Arlington Fairfax Attorney: In a Violation of a Protective Order Case, What Does it Mean to Enter a Place “Furtively?”
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.” In...
Will Virginia Lower the Legal Limit from 0.08 to 0.05 for DUI Cases?
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 under...
Do Felony Hit and Run Cases Require Injuries More Than Muscle Pain? Ask the Arlington-Fairfax Attorney.
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 the...
Is Virginia’s DUI Refusal Law Constitutional? Ask the Arlington-Fairfax Attorney
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 made....
Service-Disabled Veteran-Owned Small Business Wins Bid Protest When Agency Improperly Challenged Its Status: Ask the Bid Protest Attorney
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 was...
Courts May Reduce Criminal Charges Over Objections of Prosecutors
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 opinion...