Author Archive
Arlington, Virginia: Eluding Police (Va Code 46.2-817) while driving drunk at a BAC level of .18 (VA Code 18.2-266) resulted in the minimum penalties for each offense, with just 5 days to serve.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
ERIN MICHELLE BURNSIDE v.COMMONWEALTH OF VIRGINIA
Court of Appeals of Virginia, Teleconference. May 14, 2013. UNPUBLISHED MEMORANDUM OPINION[*]
Appellant, Erin Michelle Burnside, was found guilty of reckless driving. She assigns error to the trial court’s refusal to exclude the results of a preliminary breath test. She further assigns error to the trial court’s refusal to grant a jury instruction, based on Code § 18.2-269, addressing statutory presumptions of alcohol-related impairment. We hold that the trial court erred in admitting the testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly.
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Alexandria, Virginia: Felony PWID Possession with Intent to Distribute >.5oz Marijuana, VA Code 18.2-248.1 (punishable by 1-10 years in prison), was AMENDED and REDUCED to Simple Possession, a class U misdemeanor, which is scheduled to be DISMISSED under 18.2-251.
Read more about Virginia’s Drug and Marijuana Laws here: Virginia Drug & Marijuana Charges and Defenses for Possession of Marijuana, Paraphernalia, Possession with Intent, Distribution, and Related Offenses
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IN ALEXANDRIA: After being convicted of a DUI/DWI offense, client violated his probation with a new alcohol offense conviction for the second time in one year. He received two weeks in a rehabilitation facility, but no jail time and no other amendments to his probation.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
Fairfax County Misdemeanor Domestic Assault Against a Family Member DROPPED at First Appearance
2013
FAIRFAX, VIRGINIA: Class 1 Misdemeanor Assault and Battery Charge on a Family or Household Member (VA Code 18.2-57.1) was DROPPED at the first appearance.
Read more about the associated assault laws and defenses here: Virginia Assault and Battery, Domestic Assault, and Malicious Wounding Laws and Defenses
Misdemeanor Shoplifting Charge in Arlington Virginia AMENDED to Unlawful Entry & will be DISMISSED
2013
ARLINGTON, VIRGINIA: Misdemeanor Petit Larceny charge from Shoplifting at Nordstroms (VA Code 18.2-103 and 18.2-96) was first AMENDED to an Unlawful Entry charge, VA Code 18.2-121, and per agreement, the Unlawful Entry charge will be DISMISSED after completion of a behavioral class, community service, and good behavior.
Read more about Larceny & Shoplifting Law here: Virginia Grand Larceny, Petit Larceny, Shoplifting, Concealment & Embezzlement Laws and Defenses
Fairfax County, Virginia: Drunk in Public misdemeanor charge, County Code 5-1-1, Va Law 18.2-388, was DROPPED at the initial appearance.
Read Attorney Medvin’s Related Blog Post: Virginia Drunk in Public / Public Intoxication Laws and Defenses
ALEXANDRIA, VIRGINIA: DWI, DUI Drunk Driving charge (VA Code 18.2-266) with a BAC of .20 and a car accident with property damage resulted in 5 days to serve on weekends.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
Alexandria Virginia: A juvenile’s misdemeanor marijuana possession charge (VA Code 18.2-250.1) was DROPPED through the DIVERSION program, even though client had a criminal history before this charge, and even though client was charged with another marijuana possession charge after this charge.
Read more about Drug / Marijuana Law here: Virginia Drug & Marijuana Charges and Defenses for Possession of Marijuana, Paraphernalia, Possession with Intent, Distribution, and Related Offenses
Read more about Juvenile Defense here: Virginia Juvenile Law and Procedure for Possession of Alcohol by a Minor, Grand and Petit Larceny, Possession of Marijuana, and Other Offenses
FAIRFAX, VIRGINIA: Possession of Marijuana Class 1 Misdemeanor charge (VA Code 18.2-250.1) was DISMISSED, even though client acquired a new and related criminal conviction after this arrest.
Read more about Drug / Marijuana Law here: Virginia Drug & Marijuana Charges and Defenses for Possession of Marijuana, Paraphernalia, Possession with Intent, Distribution, and Related Offenses
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