Author Archives: Jay Butchko
What Does DUI with Priors Mean?
A prior conviction is the most common DUI enhancement in Loudoun County. Other enhancements include DUI with a suspended license and DUI with an open container of alcohol. DWLS (driving while license suspended) is actually a separate offense that’s almost as serious as DUI. Many Virginians have suspended licenses and don’t know it, because… Read More »
Lawmakers Approve Harsher Fentanyl Overdose Penalties
Measures expanding the reporting requirement for schools and stiffening criminal penalties passed almost unanimously after they were introduced in January 2025. Del. Josh Thomas’ (D-Prince William) House bill, which passed 98 to one, would make the penalty in any such death manslaughter whether it involved a minor or adult, so only criminal negligence would… Read More »
DUI Arrests and Drivers’ License Suspension in Loudoun County
Virginia, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples to law enforcement officers under certain circumstances. Drivers can revoke that consent, but that revocation comes at a cost. In Virginia, that cost is Administrative License Revocation drivers’ license suspension. As outlined below,… Read More »
Drug Possession and the Actual Knowledge Requirement
Many people are at least somewhat familiar with the 2022-24 Brittney Griner saga. The former Baylor University basketball standout was arrested in Russia and charged with possession of illegal narcotics (marijuana vape). She claimed she didn’t know the offending vape canisters were in her luggage. Summary justice is the rule in most countries, including… Read More »
What Are the Three Types of Protection?
State lawmakers recently expanded the protective order provisions in state law. At the time of this expansion, many judges issued protective orders in almost all cases, regardless of the amount of evidence the alleged victim presented. Today, judges are stingier. However, they still have the legal authority to issue protective orders almost anytime they… Read More »
Two Men in Jail After Road Rage Shooting
In December 2024, Loudoun County Sheriff’s deputies arrested two undocumented immigrants who allegedly fired a gun at an occupied vehicle. The Loudoun County Sheriff’s Office said two suspects fired a gun at a car in the area of East Maple Avenue and South Lincoln Avenue about 9:30 p.m. The car they shot at was… Read More »
Proof Issues in DUI-Marijuana Cases
Chemical tests are very reliable in DUI-alcohol cases. But a reliable chemical test in DUI-marijuana cases remains elusive. The same researchers who hit a brick wall in 2023 now believe that a reliable marijuana Breathalyzer device may be within reach. However, even if they develop such a test, legal issues, such as what level… Read More »
Are Drunk Drivers Automatically Guilty in Loudoun County?
No. The state must prove every element of a DUI, and not just the “under the influence” element, beyond any reasonable doubt. The “driving” element is usually very hard to prove, especially in more serious DUI collision cases. Additionally, during their investigations, police officers must closely follow all the rules and not take shortcuts…. Read More »
Recent Changes to Virginia’s Vehicle Inspection Law
The basic elements of this law, which includes a universal inspection requirement, have not changed. However, the Legislature limited officers’ ability to detain motorists for expired inspection stickers and limited the effects of such arrests. More on that below. The new complexities in this law illustrate the need for a Leesburg criminal defense lawyer… Read More »
Deadly Shooting at Virginia Beach Smoke Shop
Few details were available about a December 2024 shooting at a gift shop in Virginia Beach. One person was killed. The incident occurred near the “Happy Smoke Super Gift Shop,” where shattered windows are visible. A large police presence has been reported near North Witchduck and Newtown roads, and officers are asking the public… Read More »
