• Your Guide to Virginia’s DUI Refusal Laws

    DUI

    Every driver on the road in Virginia has, by the mere fact of operating a vehicle, already given their consent to provide a breath sample or a blood sample upon being arrested for a DUI. If you are arrested for a DUI and you refuse to do so, your license will be subject to an immediate suspension. We want to make sure that every driver understands their rights and responsibilities. Here, our Richmond drunk driving defense lawyer explains four of...

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    SB 16

    The rise in gun-related deaths has led policymakers, organizers, concerned citizens, and legislators to consider their position on gun ownership and, in some cases, come together to take legislative action. Indeed, that’s exactly what’s happening in Virginia, where SB 16 has been prefiled in preparation for the 2020 legislative session. The bill, officially named, “SB 16 Assault firearms and certain firearm magazines; prohibiting sale, transport, etc., penalties,” is contentious, to say the least. The following provides an overview of SB...

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    2A sanctuary cities

    If you hear the term “sanctuary city” and immediately think of cities where undocumented immigrants can seek a form of refuge, you’d be right; however, the words ‘sanctuary city’ aren’t just being used to talk about immigrants these days. To be sure, a “2A sanctuary city” refers to a safe haven for gun owners - 2A standing for Second Amendment. The American Second Amendment sanctuary movement is very much alive in our country, and Virginia counties and localities are getting...

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    dui/dwi

    Driving while intoxicated (DWI), sometimes known as driving under the influence (or DUI), is a crime that is taken extremely seriously in Virginia. Under Virginia law (Code of Virginia § 18.2-266), it is unlawful to drive a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more. It is also unlawful to drive under the influence of alcohol regardless of the BAC, as well as under the influence of any other intoxicating drugs. In other words, a person...

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    dui

    A DUI or DWI is a serious offense under Virginia law (Code of Virginia § 18.2-266) that comes with serious penalties (Code of Virginia § 18.2-270) upon conviction. Given that you could face a substantial penalty, a driver’s license suspension, and jail time, it is important to do everything you can to avoid giving the police evidence to use against you in your case. In other words, you should know what to do if you are stopped on suspicion of...

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    dwi

    If you were charged with violating Virginia’s statute on Driving While Intoxicated (DWI), your arrest triggers two separate court cases, each of which involves multiple stages along the way. The proceedings are complicated regarding both the criminal case and the process that affects your driving privileges. Without a legal background, you may not understand the complex rules that affect your rights.  The good news is that, any point along the timeline of a DWI matter, you may have several opportunities to defend...

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    If you’re pulled over for Driving While Intoxicated (DWI) under Virginia law, police will attempt to get all the evidence they can to accomplish two goals: Arrest you; and, Help the prosecution convict you in court. The bar is set pretty low for an arrest, but the burden of proof in your DWI criminal case is higher: A prosecutor must establish that you’re guilty beyond reasonable doubt. If the prosecution meets this standard, you could face serious penalties. Even a...

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    domestic violence

    Domestic violence is a very serious matter in Virginia, so there are hefty penalties for violating the law on assault and battery against a family or household member. Therefore, your situation could look quite bleak if the allegations are false, exaggerated, or based upon improper motives. The National Sexual Violence Research Center reports that up to 10 percent of domestic violence allegations are unfounded or unsubstantiated, which seems like an insignificant number – unless you’re the one that was falsely...

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    driving under the influence

    A man from Chesterfield County who was severely injured after causing a three vehicle accident under the influence earlier this month has died from his injuries. Matthew Fischer, 56, was charged with driving under the influence (DUI) of alcohol when he was traveling east on the Midlothian Turnpike. Driving a 2003 Honda Accord, Fischer drove off of the road to the left, crossed the median, and struck a 2016 Honda Pilot traveling west. The impact from the crash caused the...

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    DUI accident

      A Virginia man who was driving under the influence (DUI) and killed two people last year pleaded guilty to two counts of vehicular homicide while driving under the influence. Anthony Caldwell, 31, from Stafford pled guilty earlier this month and will serve six to twelve years in prison for the deaths. Caldwell was traveling on Route 222 near the Peach Road overpass in September 2017 when he struck a tow truck driver that was helping a disabled motorist on...

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