Category Archives: Criminal Defense
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 »
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 »
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 »
Officials Credit Special Enforcement Campaigns for Violent Crime Reduction
Virginia Attorney General Jason Miyares says the violent crime rate in the Commonwealth is down 11 percent since 2023, largely thanks to a pair of special law enforcement campaigns. In a special ceremony, Miyares joined Governor Glenn Youngkin to tout the programs’ accomplishments on the two-year anniversary. Speaking before a crowd of law enforcement,… Read More »
Jail Release in Accidental Weapons Possession Cases
“Accidental” weapons, drugs, and other contraband possession cases are very common. In criminal court, possession has three elements (close proximity, actual knowledge, and exclusive control). But at the arrest phase, possession only has one element (general proximity). If Mary is driving her husband’s car and she doesn’t know about the handgun in the glove… Read More »
Non-DUI Alcohol Infractions in Virginia
Halloween is the first of a series of major fall/winter holidays. It’s also the beginning of drinking season, a time when alcohol consumption vastly increases. Drinking season usually lasts from Halloween until New Year’s Day. Many people drink more than they should to celebrate the holidays. Other people drink excessively to dampen the depressing… Read More »
Five Kinds of Reckless Driving in Virginia
Since 2014, the number of fatal traffic collisions in Virginia has increased 24 percent. To reverse this trend, many local law enforcement agencies actively target reckless drivers. A reckless driving citation is much worse than a traffic ticket. Reckless driving is a misdemeanor that carries the possibility of jail time. Additionally, reckless driving citations… Read More »
