The first thing you should do if you get a serious traffic charge is go to the local office of the DMV and order a copy of your driving record, which they call an abstract. That will cost approximately $10; it is important to have because any lawyer you hire should want to look at it. If it is terrible, at least the lawyer will be full-warned; if it is good, at the time of disposition (sentencing), your good record can be brought to the Judge’s attention.
WHAT CAN I DO EVEN WITHOUT A LAWYER
October 5th, 2009Tragic Crash on I-664
September 17th, 2009We were again shown that operating an automobile in the United States is a dangerous proposition. Even if you drive carefully, others may not be so cautious. Please practice defensive driving. We don’t want you to get hurt.
Sheriff Admits Screw Up
September 2nd, 2009The local Sheriff admitted that one of his deputies should have looked further into an anonymous but detailed tip concerning the sexual predator that held a girl for 18 years. Should the family sue that department for such incompetence? My answer is yes.
Can People Shouting And Being Disruptive At A Town Meeting Be Arrested?
August 19th, 2009Absolutely, if they are shouting down speakers and being generally disruptive. Enthusiasm or impassioned comments are protected by speech; closing the meeting down through concerted shouting or other rowdy tactics is not free speech since it actually prevents free speech at the meeting.
Regardless of whichever side of an issue is involved, enthusiasm needs to stop at the edge of gross rudeness.
AFGHANISTAN WAR GETS MORE COSTLY
July 21st, 2009Can you imagine the difficulty of ferreting out insurgents in mountains above 14,000 feet in height? Unless you are a local, you cannot even breathe comfortably in that environment. U.S. Marines, despite their valor, have a difficult role to play in this area. Don’t expect the British to stand by much longer as an Ally and supporter, since criticism of their efforts are getting stronger, given the loss of more British soldiers recently. The Hindu saying is “beware of the claw of the tiger, fang of the cobra, and the wrath of the Afghan”. It is a difficult project at best.
WHAT SHOULD YOU DO IF YOU GET STOPPED FOR A DUI?
May 22nd, 2009The first thing you should do if you have had any intoxicating beverages whatsoever, is to politely decline to take any “field sobriety test”. Those tests include the horizontal gaze Nystagmus test, where the officer moves a pen or pencil from right to left to see if your eyes can follow smoothly, the walk and turn or walk a straight line test, and what is sometimes called the stork test, a test to determine whether you can maintain your balance on one foot for 4-5 seconds. Virginia law does not require that you take those field sobriety tests.
Nor does the law require that you answer any questions that the police officer may have other than your name and address. Questions such as “Have you had anything to drink?” are sure to be used again should you end up being charged with a DUI.
As to whether you should take the breath test offered usually at the local precinct, probably you should not. Although Virginia has a severe penalty for refusal of the breath test, you cannot be put in jail for such a refusal, at least not the first time.
In addition, you are not required to take what is called the “field” breath test. That is a test administered at the scene of where the officer has pulled you.
But more important than anything else is that you hire a lawyer who is experienced in DUIs to represent you in this matter. A DUI conviction can have long term consequences upon your life.