Blog

Jan. 30, 2017

Yes. In Virginia, you can refuse to take a breath test. However, your reason for refusing has to be reasonable.

Jan. 23, 2017

In Virginia an assault and battery is any offensive touching of another person. As you can see, the definition of assault and battery is very broad. It doesn't have to be a punch and the victim of the assault and battery does not have to be injured.

Jan. 23, 2017

In Virginia an assault and battery is any offensive touching of another person. As you can see, the definition of assault and battery is very broad. It doesn't have to be a punch and the victim of the assault and battery does not have to be injured.

Jan. 16, 2017

In Virginia, operating a vehicle means that the keys are in the vehicle's ignition. So if the keys are in the ignition and you are sitting in the driver's seat, you can be convicted of DUI.

Jan. 9, 2017

No. In Virginia you do not have to submit to a preliminary breath test (PBT). A PBT is similar to field sobriety tests.

Jan. 3, 2017

If you're charged with a DUI, the preliminary breath test (PBT) cannot be used against you at trial. A PBT can be used against you if you're prosecuted for offenses other than DUI, for example public intoxication.

Jan. 2, 2017

If you're charged with a DUI, the preliminary breath test (PBT) cannot be used against you at trial. A PBT can be used against you if you're prosecuted for offenses other than DUI, for example public intoxication.

Dec. 26, 2016

An ineffective assistance of counsel claim means that your attorney was ineffective--in other words, he didn't represent you professionally. But an ineffective assistance of counsel claim doesn't just require you to show that your attorney was ineffective or made unprofessional errors.

Dec. 19, 2016

The 6th Amendment to the U.S. Constitution guarantees that each person who is charged with a crime that could result in jail time of more than six months is entitled to the effective representation of an attorney. That does not always happen.

Dec. 12, 2016

The controlling case that has set the standard for ineffective assistance of counsel claims is Strickland v. Washington, 466 US 668 (1984). Strickland sets forth a two part test to determine whether your lawyer was effective: