Virginia Criminal Defense Attorney http://vaattyblog.posterous.com Competent to Fight for Your Liberty posterous.com Tue, 06 Nov 2012 00:54:00 -0800 Alcohol: How Can The Intoxicating Beverage Give You A Criminal Offense? http://vaattyblog.posterous.com/alcohol-how-can-the-intoxicating-beverage-giv http://vaattyblog.posterous.com/alcohol-how-can-the-intoxicating-beverage-giv
When your alcohol limit reaches BAC .08% , it can be used as a strong evidence against you be charged of DUI. A truth that all of us may be aware, people have different response in terms of alcohol intake. Some can still be sober with BAC .08%, but to some, this level may result to serious dangers to their lives. As a general rule in traffic law, a person caught 'Driving Under The Influence' will be charged of a criminal offense.

How Alcohol Works?

Alcohol: Can Lead A Person To Crime Offense

Alcohol is absorbed into the bloodstream as it passes the stomach and small intestine. It will be broken down by the liver before removed from the body's system. Moreover, there is a limited speed that the the liver can break down the alcohol you intake. So until such time that the liver can break down the entire drug, it will continue to circulate in your bloodstream further affecting all the organs function including the brain. (The alcohol that circulates in the bloodstream give the result of your Blood Alcohol Concentration (BAC) according to the present levels, excluding the content already broken down by the liver).

 

Alcohol reaches the brain only seconds after it entered the bloodstream. It will be the start of the feeling of intoxication, and if worst come into worst, you will have no control of your self as you continue to drink. It is a known effect of alcohol to slow down your physical and mental reflexes making you not a good candidate to drive. Alcohol as an intoxicant can act as a sedative as it affects muscle coordination, thinking and speech. Driving while intoxicated is extremely dangerous since it can also bring out abnormal heart rate that may lead to severe peril. Not to include that impaired senses can make you prone to accidents and other injuries.

How Alcohol is Eliminated From The Body

There are two ways the alcohol we intake leave our body. First is through metabolism which is the natural process of oxidation by the liver, and second which is through excretion.

Almost 95% of the alcohol we intake is oxidized in the liver to form carbon dioxide to be dissolved in the blood reaching your lungs as a gas before being exhaled. The liver metabolic rate is subjective depending on how fast it function in a person's body. people who are regular drinkers metabolizes alcohol faster than those who are casual drinkers.

If you are thinking where the other 5 - 10% of alcohol goes since there are only 95% to be oxidized, the remaining are eliminated without chemical change. It leaves through natural excretions in sweat, breath, and urine. This is the basis used by law enforcers when they are using breathalysers and urine tests to prove driver's intoxication from alcohol.

To know your intoxication, law enforcers have a way to calculate individual limits and percentage. In all states, 0.08% BAC is a legal limit that will subject you to DUI if proven. To know more about your DUI case, you need to consult a reliable and aggressive legal defender to help you bring out your right in the case. Having prior knowledge about DUI and talking to a lawyer who specializes in traffic cases may help you clean your name whenever the circumstance arise.

 

About the Author:

Criminal Lawyer Nicole Naum is an associate lawyer of the Law Offices of Price Benowitz LLP,. She is a Juris Doctorate Degree holder from the University of Detroit Mercy School of Law and is licensed to practice in Virginia and District of Columbia. Her practice is focused on the field of criminal law that make her trusted in handling cases such as reckless driving and defense for criminal charges. Atty. Naum is an assertive Prince William County Criminal Lawyer and Quantico Criminal Lawyer.

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Sat, 27 Oct 2012 01:51:00 -0700 Field Sobriety Test: How It Can Affect Your DUI Case? http://vaattyblog.posterous.com/field-sobriety-test-how-it-can-affect-your-du http://vaattyblog.posterous.com/field-sobriety-test-how-it-can-affect-your-du

Now that you are aware that experiencing DUI requires you to face penalties, let us now take a look the matters that affected your case as a whole. You will not be filed a case unless the law enforcers have seen unlawful action on your part. And you have to deal with the legal matters as soon as possible in order not to do something that will pull you in the dearth of incarceration.

How Can DUI Affect Your Freedom

         cbslocal.com

Typically, the very reason why you were stopped was because law enforcers have seen sign of impairment in your driving actions. You may have been swerving or erratically driving that alerted the cops for them to stop your car and check your condition as a driver. It is a standard operating procedures in part of the cops, as they are allowed to pull you over when they have a probable cause to believe that you were driving erratically.

Once you were pulled over, you will be asked of the documents to show your identity—your license as well as your registration. If there will be signs of you being intoxicated with alcohol or marijuana which can be hinted through your breath, you will further be asked to step out of your car. From here your every movement will be recorded for the police report that will present as an evidence against your misdemeanor.

One of the test that may be done to prove your intoxication is the Field Sobriety Test. In fact they are not tests at all for sobriety tests are more on “exercises” that will tell whether you are sober enough t drive. The Standardized Field Sobriety Test (SFST) was developed by National Highway Traffic Safety Administration (NHTSA) to help law enforcers in detecting offenders of DUI/DWI/OUI in their respective states. Here are what the 'tests' include:

Horizontal Gaze Nystagmus (HGN)

An involuntary jerking of the eye positioned to look to an object from side to side is called Horizontal Gaze Nystagmus. In normal conditions, nystagmus occur when both eyes are rotated in high peripheral angles. On the other-hand, a person impaired of alcohol or drugs as intoxicant have a difficulty in tracking an object and the nystagmus is exaggerated or rotated in lesser angles. The trembling of the eye is a sign of being influenced by an intoxicant.

Walk and Turn

By most people who are not intoxicated these movements are very easy to do. In Walk and Turn Test, the subject will be directed to take nine heel to toe steps in a straight line and turn in one foot before retuning with the same manner going back. The law enforcers will examine whether the subject can keep his balance and the ability to follow instructions.

One Leg Stand

One Leg Stand, on the the other-hand is where the subject is asked to stand using one foot with approximately 6 inches off the ground while counting by thousands in 30 seconds period. Indicators of impairment are being unable to balance, hopping, body tremors, and placing the foot down.

 

About the Author:

 Criminal Lawyer Nicole Naum is an associate lawyer of the Law Offices of Price Benowitz LLP,. She is a Juris Doctorate Degree holder from the University of Detroit Mercy School of Law and is licensed to practice in Virginia and District of Columbia. Her practice is focused on the field of criminal law that make her trusted in handling cases such as reckless driving and defense for criminal charges. Atty. Naum is an assertive Prince William County Criminal Lawyer and Quantico Criminal Lawyer.

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Wed, 17 Oct 2012 01:10:00 -0700 The Standards of DUI http://vaattyblog.posterous.com/the-standards-of-dui http://vaattyblog.posterous.com/the-standards-of-dui

Being caught in DUI is a crumpled situation you have to settle straight. Driving Under the Influence is a criminal case, and if you will not be careful in dealing with it, there is a big possibility that you will be caught in jail while dealing with tantamount charges. Huge penalties, fines, community service, and incarceration is never a good idea, and if you want to get out of the mess, you will be needing a criminal defense lawyer who will defend your cause. In this trying time, your future is at stake, and you need to make a way not to taint your name in the eyes of the law.

What are the elements that cover DUI?

Driving Under The Influence – every state in the US make DUI a criminal offense. DWI (Driving While Intoxicated) and OUI (Operating Under The Influence) in some states, DUI is defined to be driving while impaired by drugs or alcoholic beverages or can be a combination of both. Regardless of alcohol-content found in the tests, as long as the person has been found operating his or her vehicle with a hint of alcohol in his breath, law enforcers have to follow the rule of the state and charge the offender with DUI. Also, the person is “Under The Influence” when his ability to drive is impaired in an appreciable level.

Driving With BAC Higher Than 0.08% – Under the DUI law, the state prohibit drivers from driving when their blood alcohol content reaches 0.08%. Whether or not the drivers' driving is normal under circumstances, reaching the legal limit of 0.08% BAC is enough ground to charge the driver with DUI.

 

To prove this, the following must be proven:

  • The person operates the vehicle; and

  • The driver reached/exceeded the legal limit of 0.08%.

 

Felony DUI – DUI is basically a misdemeanor crime, in certain circumstances DUI crimes can be made into higher cases like felony, which is a far serious crime that may lead to long term imprisonment. When the person driving under the influence killed or injured another person, a mere DUI case may raise into a felony charge. A felony case must be taken seriously on court, since I will truly reflect in your records that will also allow you to pay fines and penalties provided by the state.

A person who is charged with felony should not take his chances in his hand. Contacting a lawyer is relatively essential to ensure that you are treated according to your rights. It is also a criminal attorney's task to inform you about how the case works, educating you throughout the process is a big help in understanding your case. In any case, the lawyer and the client must work in partnership so that acquiring evidences and information will flow smoothly.

There are may considerations when it comes to DUI. The major one is the state where the offense have occurred. Different states have different legal application regarding DUI, so if you live in Virginia, find a lawyer whose legal specialization is min Virginia. This way, there will be no confusion when the legal processes are done.

 

About the Author:

 Criminal Lawyer Nicole Naum is an associate lawyer of the Law Offices of Price Benowitz LLP,. She is a Juris Doctorate Degree holder from the University of Detroit Mercy School of Law and is licensed to practice in Virginia and District of Columbia. Her practice is focused on the field of criminal law that make her trusted in handling cases such as reckless driving and defense for criminal charges. Atty. Naum is an assertive Manassas Criminal Lawyer and Occoquan Criminal Lawyer.

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Wed, 10 Oct 2012 01:44:00 -0700 DUI: How This Road Violation Will Cost Your Future http://vaattyblog.posterous.com/dui-how-this-road-violation-will-cost-you-you http://vaattyblog.posterous.com/dui-how-this-road-violation-will-cost-you-you

DUI And Its Effect

Image Source: article.wn.com

In 2010, there were 10,228 people killed because of drunk driving adding up to more or less 350,000 injuries in the United States alone. DUI or abbreviation for Driving Under the Influence is one of the highest causes of death in our roadways, and it resulted to tough implementation of laws in various US States to prevent drunk-driving related fatalities to continue growing each year. The impact of DUI is not simply directed to the people who were injured and lost their lives. It affects even the people who are far from the crash; with their family, co-workers, friends, and every person dear to them to suffer emotionally from the tragic incident.

 

In a data presented by MADD, it states that Virginia ranks 23 among all states with the number of DUI fatalities of 1,360 in past 5 years and granted $7.07 billion as state subsidy for drunk driving fatalities. In the recent year, Virginia has already have 211 recorded DUI fatalities wherein 29 resulted to deaths. However, good thing for Virginia as the state reduced its percentage to 13% from the last year which hopefully will continue to decrease in the next years.

Not simply because DUI may result to death is something that a person must be watchful of committing DUI. Be reminded that DUI is a criminal offense punishable by state, and it will cost you series of fines that will inflict your records. These records may affect your employment and other opportunities that you may want to try in the future. Click this DUI blog to be directed to penalties from being caught of DUI in Virginia.

There are age restrictions in drinking as mandated by that state to protect public interest against people who may violate the law in drunk driving. Below are ages and blood alcohol concentration than upon reaching will let you be charged as a DUI offender.

 

                  Age                          Blood Alcohol Concentration (BAC)

  Under 21 Years Old                                        .02%

       21 or older                                                 .08%

      Commercial                                                 .04%

 

Virginia has an implied consent law that will allow you to pay for fines and face revocation of license in time you refuse to take a chemical test after being arrested by law enforcers for DUI. The “implied consent” rule states that when a person is lawfully arrested by a traffic enforcer because of the belief that he has been operating his vehicle under the influence of intoxicated beverages or drugs, he then consent to be take a chemical test of his blood, breath, or both for the purpose of determining whether there is/are present substances that will serve as evidence of your faulty driving.

In most cases, the offender will be asked to take the breath test first before examining the blood alcohol concentration. This is more likely to act as a field sobriety test wherein the police officer will use to establish the theory that you were driving while intoxicated.

Virginia provide strict standards in terms of traffic rules. As a matter of fact, it is one of the five states that practices purely contributory negligence in terms of personal injury cases. If you are currently caught in a DUI trouble, find an experienced attorney to help you clean you name.

 

About the Author:

 Criminal Lawyer Nicole Naum is an associate lawyer of the Law Offices of Price Benowitz LLP,. She is a Juris Doctorate Degree holder from the University of Detroit Mercy School of Law and is licensed to practice in Virginia and District of Columbia. Her practice is focused on the field of criminal law that make her trusted in handling cases such as reckless driving and defense for criminal charges. Atty. Naum is an assertive Dumfries Criminal Lawyer and Dale City Criminal Lawyer.

 

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Wed, 03 Oct 2012 00:01:00 -0700 Are You A Reckless Driver? http://vaattyblog.posterous.com/are-you-a-reckless-driver http://vaattyblog.posterous.com/are-you-a-reckless-driver

Learn More About Reckless Driving: Elements, Conduct, Penalties

Image Source: dalyplanet.blogspot.com

Image Source: dalyplanet.blogspot.com

Like driving under the influence (DUI/DWI), reckless driving or operating a vehicle in a dangerous manner can bring your name in court where you have to face the jury and get through the consequences of your violation against the proper traffic conduct. Unlike DUI offenses wherein the driver may be unaware of his act due to the impairing influence of alcohol or drugs; reckless driving differ because it involves "willful or wanton disregard for the safety of persons or property," thus making him or her guilty of the charge.

Since reckless driving is a serious offense, it is a misdemeanor crime punishable by the state. It means that there are constitutional rules that apply and it is the prosecution who will file the suit. The offender can be incarcerated if proved that he or she is guilty beyond a reasonable doubt. However, the defendant can also fight for his/her right and can get an assistance of a legal representative who is expert in the field of criminal traffic offenses. In this type of case, Miranda rule or the right to "remain silent" can be used, and it is the duty of police officers who performed the arrest to inform the defendant that he or she can remain silent before answering questions in the presence of his/her lawyer.

The Penalties of Reckless Driving:

Generally, the reason why reckless driving is serious is because it is considered to be a “traffic violation that allegedly endanger the public.” What are the penalties that an offender will face upon violating a traffic law?

  • A criminal history and record for traffic misdemeanor.

  • Deportation (if not a national of a particular country).

  • Revocation or suspension of driver's license.

  • Substantial fine and jail sentence.

In Virginia, the code pertaining to reckless driving is define to be a Class 1 misdemeanor criminal offense, and not a simple traffic violation or speeding ticket that reckless drivers can easily get away with. As an example, the Virginia code defines that the act of speeding 20 mph or above the standard speed limit (or any speed greater than 80 mph) is already classified as reckless driving.

Due to the severity of these penalties, most drivers are asking for an capable assistance of a Virginia Criminal Lawyer to provide them with sound legal advice and to devise effective defense strategies against the charges.

  • What Conduct Can Make You Guilty of Reckless Driving?

  • Excessive Speed or Over- Speeding

  • Failure to Signal

  • Failure to Yield Right-of-Way

  • Illegal Passing

  • Aggressive, Careless, Dangerous Driving

  • Drag Racing

  • Elusion Attempt

 

A reckless driving charge can taint your reputation big time. You can fight for your right and find for legal help. If you reside in Culpeper County, Virginia, find a Culpeper County Criminal Lawyer whom you can trust to handle you case efficiently. A criminal charge is not a joke, resolve it seriously with a criminal lawyer who is also serious in defending your right.

 

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Sat, 22 Sep 2012 01:37:00 -0700 The New Virginia DUI Law http://vaattyblog.posterous.com/the-new-virginia-dui-law http://vaattyblog.posterous.com/the-new-virginia-dui-law

The new Virginia DUI law takes effect immediately on July 1, 2012 : Senate Bill 889 classified it under Class 1 misdemeanor to drive or operate any motor vehicle without an ignition interlock device (IID) installed when one is required, and would also suspend the driver's license of the offender for one year. On the hand, the Senate Bill 1463 mandated that an IDD should be installed as a requirement for the restoration of driving privileges for all DUI repeat offenders. Lastly, House Bill 2532 pointed out that specifies that locale are entitled to repayment from DUI offenders as compensation for the expenses in connection to law enforcement response.

However, the court may pardon you by re-issuing a restricted license for any purposes permitted by law, it may include: school, to and from work, ASAP classes, medical appointments and religious services, to and from work.

The convicted driver may opt not to drive for a year then ignition interlock would not be required anymore. Even so, if the driver request a restricted license then there would be mandatory installment of ignition interlock devices, which includes the expenses for installment and servicing.

There was an existing debate before the bill for this new law was passed, this is according to the Washington Post. They had discussed about the weight of the new penalties for first time offenders, they pointed out that it is too strict. Moreover, it was also noted that the new law has the potential of doubling the amount of citizens who will be forced to install IIDs.

Having an Ignition interlock device installed in your car is not only a blockage in your life's everyday routine, but also an add-on on your expenses for you would be possibly paying about $480 for six months. That fine, so far, is the highest charge a convicted driver would pay for a DUI arrest.

All these significant changes on Virginia DUI law makes it even hard for convicted drivers to overcome, this is the moment where they are badly in need of a competent and credible DUI lawyer.

 

 

 

 

 

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum
Fri, 07 Sep 2012 01:07:00 -0700 Virginia DUI : Possible Penalties Under such Felony http://vaattyblog.posterous.com/virginia-dui-possible-penalties-under-such-fe http://vaattyblog.posterous.com/virginia-dui-possible-penalties-under-such-fe

All US states have their own strategies on eradicating DUI related accidents, the state of Virginia, specifically, has a very tough law in regards with DUI.

Being arrested of DUI entails heavy consequences, it could include fines, incarceration and suspension of driver's license. Take note that DUI is not a simple traffic violation but a criminal offense.

Do you know that?

- in 2009 it was recorded that at least one-alcohol impaired

driving fatality occurred every 48 minutes.

- over 40% of fatal road accidents are alcohol-related.

- According to estimates, someone is injured in an alcohol-related accidents every year.

- NHTSA, found in 2009 that 1 in 3 people will be involved in a crash related to drunk-driving at least once in their life.

These are the 'little known facts' about DUI, meaning only a few numbers of road users give extra time and effort to research and read about useful information about such felony.

It is important for us to be educated on DUI laws and facts, it will make us us more conscious when it come to our driving , and would develop a 'drive with conscience' mentally within us.

What is DUI?

Driving Under the Influence means driving or operating a motor vehicle when your ability is impaired by a depressant, stimulant, hallucinogenic, or narcotic drugs or driving a motor vehicle with a blood alcohol concentration (BAC) above the legal limit permitted.

What is the legal blood alcohol concentration (BAC) permitted in Virginia?

In Virginia the legal BAC to drive a motor vehicle is under 0.80%. Having been tested with BAC level of 0.80% or higher is already a ground for DUI arrest. However, you can also be arrested of DUI even if your BAC level is below the illegal limit, if you are tested and proven to be under prohibited drugs while operating your vehicle or been under medication even if it comes with a legal prescription. In all cases mentioned, noticed that all substances is proven to impair your driving, a solid ground for DUI arrest.

Why avoid DUI?

Apparently, alcohol, stimulants, narcotics and other prohibited drugs alter the way our minds are supposed to think. It narrows our judgment, alertness and reflex. This is the most common roots of fatal road accidents and minor car crashes that contributes to traffic congestion.

Traffic violations are inevitable even how much care and obedience you give to the rules and regulations regarding that matter. If ever you are pulled over due to alleged offenses such as DUI, there are certain test that you are mandated to undergo, so to prove your innocence or your guilt.

The most common test that you are most likely to go through is the breath test. Take note that, refusing to take the test is considered a misdemeanor and also has corresponding penalties.

What are the penalties for refusing to take a breath test?

First breath test refusal – your license will be automatically suspended for (7) seven days.

Second breath test refusal - your license will be automatically suspended for (60) sixty days, or until you are called for a court hearing, whatever comes first; if proven guilty under such felony, your driver's license could be suspended for (1) one year.

Third breath test refusal - Automatic license suspension or until you go to trial; if convicted, your license will be suspended for (1) one year.

Breath test refusal with an existing DUI of breath test refusal conviction – classified under Class 2 misdemeanor, your license could be suspended for (3) three years.

Breath test refusal with (2) two existing DUI conviction and a breath test refusal conviction within the last (10) years – classified under Class 1 misdemeanor, your license could be suspended for (3) three years.

The Department of Motor Vehicles had established their own suspension penalties under the misdemeanor cases of refusing a breath test and for DUI conviction. Be informed that this suspension takes effect immediately after arrest.

These are the penalties:

The moment you are convicted, prepare yourself to endure a more serious round of consequences. First DUI arrest – a mandatory fine of not less than $250 and a revocation of your drivers license. Moreover, you will be enforced to install an ignition interlock device.

Second DUI arrest – a mandatory fine of not less done $500, revocation of driver's license for (3) three years and a foreseeable incarceration of (1) one year. Furthermore, if you appear to have prior conviction of DUI within (5) five years from your first offense, a mandatory incarceration of (20) twenty days, if it has been (10) years after your first offense, you will only be incarcerated for (10) ten days.

Third DUI arrest - a mandatory fine of not less than $1,000 and an infinite revocation of your driver's license. You will be summon for Class 6 felony. If it had been (5) five years after your first arrest, there is a mandatory incarceration of (6) six-month. If it had been (10)ten after your first arrest, there is a mandatory incarceration of (90) days. In both cases, your vehicle will be forfeited for good, given if you have sole ownership over it.

Arrested with BAC alcohol level of 0.2% or higher – a mandatory incarceration of not less than (10) ten days, as an addition to your other punishments. The second offense, still classified under such arrest is mandatory incarceration of not less than (20) twenty days, as an addition to your other punishments.

Failure to follow the authorities' order to install an ignition interlock on all your vehicles under your ownership or joint ownership with another person – you could be arrested under Class 1 misdemeanor charge and a progressive revocation of your driver's license, for another (1) one year. In addition, you could be incarcerated for up to (1) one year with a fine of $2,500.

To end, DUI is very serious criminal offense, in fact, it is also one of the most deadly, it compromises not only your safety and security but also those of other road users. One best way of avoiding such deadly felony is to educated your self about DUI related facts and regulations, and also of the little known facts about it.

If ever convicted under such felony consider seeking the aid of expert DUI lawyers, they know the right things to do in your situation. Just be sure to be keen in getting the service of a true commendable lawyer, it's just like digging your own grave if you mistakenly get the service of an amateur.

Permalink | Leave a comment  »

]]>
http://files.posterous.com/user_profile_pics/2158375/nicolenaum.jpg http://posterous.com/users/n3liyRDEt0WNQ Nicole Naum vaattyblog Nicole Naum