Serious Traffic Defense

More Traffic Cameras in Arlington!

Cameras, cameras everywhere! First, traffic cameras were used to enforce traffic light laws. Next, traffic cameras were used to enforce speeding laws. Now, cameras are being attached to Arlington school buses to help enforce laws banning the passing of a stopped school bus.  More traffic cameras in Arlington . . . Arlington is often on the vanguard of using video technology to enforce traffic laws, such as Reckless Driving, Speeding, and now Passing a School…

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DUI Sobriety Checkpoint in Arlington and Fairfax

One should never drink and drive because the punishments are severe and it is dangerous.  The mandatory minimum punishment is a 12 month loss of license (with limited driving for work with ignition interlock), a $250 file plus court costs, and alcohol education classes and treatment.  Many cases result in jail time — even for a first offense.  It is not worth it! Arlington and Fairfax will be conducting a DUI sobriety checkpoint or roadblock

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Can I be charged with DUI in Virginia when I’m just sleeping in a parked car?

Ask the Arlington and Fairfax DUI Attorneys Question:  I was parked at a public parking lot and the cop took me out and I was charged with a second DUI.  Is there a chance to win this case?  I had a first DUI over 6 years ago.  I was parked at a public parking lot.  It was cold, so I had the car on to use the heater. I had called my mother but the

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Driving on a Suspended License: Is Lack of Notice of a Suspension a Defense?

One cannot be convicted of Driving on a Suspended License or Driving Without a Valid license if he didn’t know his license was suspended.  The controlling cases are Bibb v. Commonwealth,  212 Va. 249, 249-50 (1971) (for Driving on Suspended cases) and Carew v. Commonwealth, 62 Va. App. 574 (2013) (for No Valid Operator’s License cases). The rationale is that Virginia’s Driving on Suspended law makes a reference to notice of one’s suspension.  Virginia Code §

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DUI Sleeping in Car

Question:  Can I be convicted of DUI in Virginia when I wasn’t driving (and wasn’t even intending to drive)?  I was sitting in my parked car, with the engine off, to listen to my radio.  I was in my own driveway, did not turn on the car at any time, and was sleeping?  I was arrested in Fairfax for DUI.  How is that “driving” under the influence of alcohol?!?!?!?!  It is more “DUI sleeping in

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