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Suspect loses choice of blood/breath test (access required)

With suspects no longer allowed a choice between blood and breath tests, DUI attorneys will focus on challenging breath tests. On Jan. 1, Virginia Code § 18.2-268.2 (B) will change from allowing DUI suspects to choose between blood and breath ...

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Attacking a breath test (access required)

On Jan. 1, a DUI suspect will no longer be able to choose between a breath test and a blood test: The suspect must take the breath test unless it is unavailable or he/she is unable to take it. Some ...

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Review Granted: Does no-contest of reckless charge come in? (access required)

This week’s paper includes Supreme Court Review Granted on page 17. This feature appears in the last issue of each month. Review Granted highlights the cases the Virginia Supreme Court has agreed to hear. In December, the court accepted these ...

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Tidewater experiments with volunteer prosecutors (access required)

Virginia Beach attorney Gregory R. McCracken is leading a double life. But it is strictly legal. Most of the time he handles divorces and other family law matters. But one day a month he goes to court for the commonwealth ...

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Home on the range: Norfolk lawyer goes to trial camp (access required)

Lowell A. Stanley had admired trial lawyer Gerry Spence for many years. He had seen Spence once, at a Virginia Trial Lawyers Association conference in Williamsburg. Then, Spence had answered a question Stanley had about dealing with judges. Last August, ...

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Novel theory challenges use of direct indictments (access required)

Direct indictments are anathema to criminal-defense attorneys because they deprive them of a valuable discovery tool — the preliminary hearing. At least one lawyer recently tried a novel argument for attacking direct indictments as unconstitutional. A Norfolk lawyer has argued ...

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Study: Civil cases across state need interpreters (access required)

More than 4,000 civil cases per year include a witness or party who does not speak English, according to a report presented to the Judicial Council last week. Increasingly those cases are arising around the state, not just in Northern ...

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Final version of title insurance ethics opinion released (access required)

Attorneys may own title agencies and perform legal work for them so long as they do not function as title insurance agents, under an opinion from the Virginia State Bar’s Legal Ethics Committee. The final version of Legal Ethics Opinion ...

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Federal appeals court says malpractice award too large (access required)

A federal appeals court ruled Monday that a $5 million malpractice judgment under a federal statute exceeded Virginia’s med-mal cap. A 1976 state law caps malpractice awards at $1 million. A divided three-judge panel of the 4th U.S. Circuit Court ...

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Guest Column: Assembly to consider adoption law changes (access required)

The Joint Subcommittee Studying the Commonwealth’s Adoption Laws pursuant to House Joint Resolution 100, has completed a four-month review of the state’s adoption laws and approved a legislative proposal on Dec. 2, 1994. The legislation does not drastically change the ...

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