DUI Category Archives — Virginia Criminal Defense News Published By Virginia, Criminal Defense, Lawyers

Commonwealth of Virginia Successfully Argues to Reverse Suppression of Incriminating Statements

Published on: December 11, 2022 | by Robinson Law, PLLC

In a recent drug case before a Virginia court of appeals, the Commonwealth appealed a lower court’s ruling in the defendant’s favor. Originally, the defendant in this case was charged with illegal drug possession. He successfully argued that his incriminating statements he made to police officers should be suppressed at trial, but the Commonwealth challenged this lower court’s ruling. The higher court ended up agreeing with the Commonwealth and reversing the original ruling.

Facts of the Case

According to the opinion, two officers were on patrol one evening when they pulled the defendant over in a standard traffic stop. The defendant told the officers they were free to search the car, and the officers found a bag of white powder on one of the vehicle’s floorboards.

One of the officers began to conduct an arrest. When asked what was in the bag, the defendant readily admitted that it was “probably cocaine.” He also freely stated that he had a tool for smoking weed in his pocket. The officers put the defendant in their patrol car, gave him the required Miranda warnings, and asked again what was in the bag. The defendant admitted for a second time that the substance was cocaine.

Virginia DUI Defendant Unsuccessfully Argues for Reversal of Conviction

Published on: November 22, 2022 | by Robinson Law, PLLC

Earlier this month, a Virginia court of appeals denied a defendant’s request to overturn his DUI conviction. Originally, the defendant was charged with and convicted of driving under the influence, and he was sentenced to twelve months in jail as a result. On appeal, one of the defendant’s arguments was that the officer that pulled him over did not have the legal authority to conduct the traffic stop, and thus that the evidence the officer obtained should have been suppressed at trial. Ultimately, the court of appeals disagreed with the defendant and denied the appeal.

Facts of the Case

According to the opinion, a state trooper was patrolling one afternoon when he noticed the defendant, driving with an expired vehicle registration on the back of his car. The officer proceeded to conduct a traffic stop, pulling the defendant over on the side of the road.

At that point, the trooper noticed that the defendant had several orange prescription drug bottles in the car. He also noticed that the defendant’s breath smelled of alcohol, as well as that the defendant’s eyes appeared to be bloodshot. The trooper proceeded to conduct several field sobriety tests, and the defendant was unable to walk in a straight line or stand on one leg during the tests.

Virginia Court Sides with Defendant in Violation of Probation Case

Published on: September 30, 2022 | by Robinson Law, PLLC

In a recent appellate case coming out of a Virginia court, the defendant successfully appealed his unfavorable verdict from the lower court. At issue in the case was whether the defendant was fairly sentenced after he violated the terms of his probation. On appeal, the defendant argued the court had improperly considered the nature of his offenses before sentencing him to time in prison. The higher court agreed with the defendant, reversing the lower court’s decision.

Facts of the Case

According to the opinion, the defendant in this case appeared for a hearing to determine whether he had violated the terms of his probation. The stakes of the hearing were high: if the court were to find that the defendant had violated his probation terms, he would be sentenced to time in prison. If not, he would be re-released to live under the terms of his probation.

The most important factor for the lower court in deciding the defendant’s case was whether the defendant had committed violations that were technical or non-technical. According to Virginia law, when a criminal defendant on probation commits a specific offense coming from a list of ten pre-stated offenses, the defendant has committed a technical violation. All other violations are deemed non-technical in nature.

DWI & DUI Cases in Stafford General District Court

Published on: September 21, 2022 | by Robinson Law, PLLC

Stafford County, VA DWI Cases

If you have been charged with DUI or DWI in Stafford County, you will need a highly skilled DUI attorney to represent you. Stafford is a “no nonsense” jurisdiction, meaning both the judges and prosecutors rarely show leniency when it comes to DWI offenses.

Your first court appearance is known as an arraignment. This hearing is waivable if you hire an attorney before the court date. When our DUI lawyers are retained on a Stafford case, our process begins by contacting the clerk’s office for available trial dates. We then confirm the best trial date option with the prosecutor’s office. Next, we submit our documents with the clerk, who then waives the arraignment and sets the case out for trial.

Virginia Court Holds that Evidence was Sufficient to Convict Defendant of DWI

Published on: July 11, 2022 | by Robinson Law, PLLC

In a recent case coming out of the Commonwealth of Virginia, the defendant unsuccessfully appealed his DWI conviction. Originally, a police officer found the defendant sleeping in his car, and upon several sobriety tests, the officer discovered that the defendant was intoxicated. The defendant was charged and convicted of driving while intoxicated. He appealed, arguing that there was not enough evidence to support the guilty finding. The court of appeals considered the defendant’s argument but ultimately denied it, concluding that the court could reasonably infer his guilt based on the facts presented by the officer.

Facts of the Case

According to the opinion, late one night in 2019, an officer was dispatched to investigate a report of two people asleep in their car. The officer found the reported vehicle partially parked on the sidewalk of a public street. Inside, the defendant and his girlfriend were both asleep. The car engine was off, but the gearshift was in the drive position and the headlights were on. Upon approaching the vehicle, the officer smelled alcohol coming from inside.

The defendant woke up and agreed to provide a breath sample for the officer. After the breath test, the defendant admitted to the officer that he was likely over the legal limit. He also stated repeatedly that he knew he had messed up. The officer informed the defendant that his preliminary breath test result was .11, substantially over the legal limit of .08. The officer arrested the defendant for DWI.

Virginia Defendant Loses Appeal in DWI Case, Despite Argument Regarding Insufficient Evidence

Published on: June 26, 2022 | by Robinson Law, PLLC

In a recent case coming out of a Virginia court, the defendant unsuccessfully appealed his convictions of drug possession and driving while under the influence of drugs or alcohol. One of the defendant’s main arguments on appeal was that the evidence failed to support a showing that he was guilty of driving while under the influence; given this lack of evidence, said the defendant, the conviction should be overturned. The court examined the evidence and ultimately disagreed with the defendant, affirming his convictions.

Facts of the Case

According to the opinion, a patrolling officer was dispatched to a service road one evening to check on a man who was reported to be asleep in his car in the middle of the road. When the officer arrived, he found the defendant sleeping in the driver’s seat. The officer approached the defendant, at which point the defendant took his foot off the brake pedal and unintentionally shifted the car forward.

The officer began asking the defendant questions, and he immediately noticed that the defendant appeared to be under the influence of some kind of substance. The defendant was fidgety, antsy, and speaking quickly. He could not remember his birthday, and he claimed that he had a knife on his person. The officers arrested the defendant and immediately found methamphetamine in plain view next to the driver’s seat. There was also an open container of liquor sitting on the center console.

Virginia Court Denies Defendant’s Appeal in DUI Case

Published on: May 10, 2022 | by Robinson Law, PLLC

In a recent case coming out of a Virginia court, the defendant appealed his convictions for driving under the influence and refusing to submit to a field sobriety test. On appeal, the defendant argued that the police officer he spoke with did not have reason to suspect that he was intoxicated, thus making it illegal for the officer to force him to submit to a breath test. The court disagreed with the defendant, citing several indictors that the officer used to suspect that the defendant had been consuming alcohol.

Facts of the Case

According to the opinion, an officer in Virginia was on patrol one evening when he came across a single-vehicle accident on the side of the road. The officer saw that a car had struck a tree, but also that the car was unoccupied with a cold hood and warm engine. The officer also noticed several beer cans outside of the car’s door.

While investigating the scene, the officer saw the defendant emerging from behind some bushes. The defendant acknowledged that the car next to the road belonged to him and explained that the crash had happened a few minutes prior because he had turned off for the exit too soon. The officer asked the defendant for his driver’s license, and the defendant could not find it, even though it was later found in one of his pockets.

Know Your Rights: BAC Tests in Virginia

Published on: May 1, 2022 | by Robinson Law, PLLC

At Robinson Law, PLLC, we too often hear that our clients don’t know their rights when they are pulled over by law enforcement on the road. As we have articulated in previous blog posts, a person is legally considered to be operating under the influence of alcohol if that person’s blood alcohol content (BAC) is .08 or higher. What are a driver’s rights, though, between the initiation of the traffic stop and the BAC test? If you are a driver in Virginia, you should be well versed in your rights on the road.

When Can An Officer Ask You to Perform a BAC Test?

If a police officer ever stops you on the road and tells you they need a reading of your BAC, that officer must have what is called “probable cause” to suspect that you are under the influence of alcohol or drugs. If, for example, the officer has seen your car swerving or has noticed that your words are not making sense, that officer might have probable cause to conduct a breathalyzer test. Without any probable cause, the officer cannot legally conduct this kind of test.

If you have either been arrested for a DUI or under suspicion of a DUI, the officer can legally require you to perform a BAC test. This means that by driving on Virginia roads, you are offering your implied consent to be tested for alcohol when you are arrested for suspicion of driving while impaired. The important takeaway is that as long as you have not given the police officer reason to think you are driving under the influence, the officer has no right to test you, either through a breathalyzer or a sobriety test (i.e., asking you to walk in a straight line).

Virginia Court Denies Defendant’s DUI Appeal on Technicality

Published on: March 25, 2022 | by Robinson Law, PLLC

In a recent opinion from a Virginia court, the defendant’s appeal was denied because he did not meet the technical requirements necessary in filing his appeal. On all of his court documents, the defendant listed the county instead of the Commonwealth as the prosecuting party, which the court concluded was incorrect. Due to this error, the court refused to consider the defendant’s appeal, and his original guilty verdict was affirmed.

Facts of the Case

According to the opinion, the defendant in this case was charged and convicted of driving under the influence. He was sentenced to twelve months in prison as a result of his conviction. After a sentencing hearing, the defendant appealed. He listed himself as the defendant in the case and he listed the Commonwealth of Virginia as the opposing party. Before the appeal, the case had listed the defendant as one party and the county where he resided as the opposing party, recognizing the county instead of the Commonwealth as the plaintiff. Because of the disagreement over which entity constituted the opposing party, the court had to first decide who was the proper opposing party before considering the defendant’s legal arguments in the case.

The Decision

The Commonwealth of Virginia filed a motion in the case, asking the court to remove them from any documents referencing the defendant’s DUI. According to the Commonwealth, the issue at hand was a local issue and was better suited for county lawyers rather than Commonwealth lawyers. The Commonwealth wrote to the court that the Attorney General lacks the authority to deal with “matters related to violations of local ordinances.” The Commonwealth, therefore, asked to withdraw from the case. The court agreed with the Commonwealth’s reasoning, accepting the motion to withdraw given the fact that the Attorney General does not represent localities.

DUI Penalties in Virginia: Know Your Rights

Published on: February 28, 2022 | by Robinson Law, PLLC

As we have noted on our blog in the past, the Commonwealth of Virginia is known for having some of the strictest DWI and DUI laws in the United States. Given this reality, it is crucial to be aware of the DUI penalties in Virginia so that if you ever find yourself facing DUI charges, you are aware of your rights under the law.

In Virginia, a person is legally considered operating under the influence of alcohol if that person’s blood alcohol content (BAC) is .08 or higher. Even if a driver’s BAC is lower than .08, though, if an officer decides the driver’s ability to operate a motor vehicle is impaired, it is possible that he or she could face the same penalties regardless. DUI penalties apply whether a driver is operating a car, boat, or watercraft.

First v. Subsequent Offenses

In Virginia, the punishment for a first DUI offense differs from that of a subsequent DUI offense. If a driver is found guilty of driving under the influence and it is his or her first time with a DUI conviction, the punishment involves a minimum $250 fine as well as driver’s license revocation for one year.