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Is Virginia’s DUI Refusal Law Unconstitutional?

If you are arrested for driving under the influence of alcohol (DUI), then you need a DUI lawyer.  One charge that often accompanies a DUI, is known as Refusal.  Technically, it is a violation of Virginia Code 18.2-268.3, refusal to provide blood or breath sample, which stems from the “implied consent” statute.  The law essentially…

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Do You Really Have A Right To A Preliminary Hearing?

In Virginia, when you are arrested on a felony warrant you essentially have a right to three hearings.  The first, a few days after your arrest, is an arraignment.  At that hearing, the Judge will advise you of your rights, inform you of exactly what you are charged with, and discussing legal representation with you.…

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Reckless Driving and DUI

I am a published author on the topics of DUI and Reckless Driving defense in Virginia.  My work and research has been adopted by courts around the Commonwealth of Virginia when faced with an individual faced with both offenses.  A person cannot be convicted of both Reckless Driving-General and DUI, because such a double conviction…

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Criminal Defense In Hampton Roads

If you are charged with a crime in Hampton Roads, including the cities of Chesapeake, Virginia Beach, Suffolk, Hampton, Newport News, Norfolk, or Portsmouth, you need an attorney.  The police departments in these cities are well trained and understand how to build a case.  The prosecutors, known as Commonwealth’s Attorneys, are very skilled and in…

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