Crime panel endorses legislative proposals

Preliminary Breath Test Inadmissible, Not Harmless

By Deborah Elkins
Published: May 16, 2013
Tags: Judge Stephen R. McCullough, Traffic Offenses, Virginia Court of Appeals

At defendant’s trial for reckless driving, the trial court erred in admitting testimony of the preliminary breath test with a BAC of 0.04 when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly, and the Court of Appeals reverses defendant’s conviction. We further hold that, in [...]

Soft-Tissue ‘Injury’ Supports Felony Hit & Run

By Deborah Elkins
Published: May 9, 2013
Tags: Judge Rossie D. Alston Jr., Traffic Offenses, Virginia Court of Appeals

Although defendant contends there was insufficient evidence that anyone was injured when she rear-ended another car and then ran away into the woods as emergency vehicles approached, the Court of Appeals holds that a soft-tissue injury such as muscle pain constitutes an “injury” under the felony hit-and-run statute, and affirms defendant’s conviction under Va. Code [...]

Felony-Murder Conviction from 3rd Offense DUI

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Rosemarie Annunziata, Traffic Offenses, Virginia Court of Appeals

The Court of Appeals upholds a felony murder conviction for a defendant who pleaded guilty to third offense, driving while intoxicated, and other charges, in a traffic accident in which his vehicle struck another vehicle with three occupants, seriously injuring two and fatally injuring the third occupant. After the accident, defendant’s blood was tested at [...]

Punitives OK for one plaintiff, but cut in half for another

By Peter Vieth
Published: February 22, 2013
Tags: DUI, Fairfax County Circuit Court, Judge Bruce D. White, Traffic Offenses

A Fairfax circuit judge has approved a punitive damages award of $100,000 for a plaintiff in a drinking-and-driving case. But for the other plaintiff in the case, he cut the same award in half, giving her $50,000. Reston lawyer Robert T. Hall, who represented both the driver and her passenger in the car-wreck case, said [...]

Breathalyzer Test Results Admissible

By Deborah Elkins
Published: February 4, 2013
Tags: Judge Rudolph Bumgardner III, Traffic Offenses, Virginia Court of Appeals

In defendant’s appeal of her DUI conviction based on alleged error in admitting the results of her breathalyzer test, the Court of Appeals affirms her conviction, as the issues raised in this appeal have been decided by Fitzgerald v. Commonwealth [VLW 012-7-352]. Defendant objected to evidence of the breathalyzer test results because the commonwealth did [...]

Vehicle Swerve Supported Stop for Texting

By Deborah Elkins
Published: February 4, 2013
Tags: Judge David J. Novak, Traffic Offenses, U.S. District Court - Eastern District

A police officer’s belief that defendant was texting while driving, a secondary offense in Virginia, did not prevent the officer from stopping defendant after he swerved toward the officer’s car in the adjacent lane, which provided cause to stop for reckless driving; the stop was legal and the Richmond U.S. District Court Magistrate Judge denies [...]

District court could amend DWI charge

By Peter Vieth
Published: January 17, 2013
Tags: Hernandez, Justice Elizabeth A. McClanahan, Supreme Court of Virginia News, Traffic Offenses

The Supreme Court of Virginia has refused — again — to tie the hands of trial court judges who want to control disposition of criminal charges in some cases. The latest pronouncement in a string of decisions since the touchstone Hernandez case reinforces the idea that general district judges may modify criminal charges as they [...]

Driver May Challenge Revocation for NJ Conviction

By Deborah Elkins
Published: January 4, 2013
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Traffic Offenses, Virginia Circuit Courts

A Richmond Circuit Court grants DMV’s motion to identify an unnamed petitioner who seeks an order to rescind or to modify DMV’s order of revocation of driving privileges dated Feb. 23, 2012, which the court has reviewed pursuant to Va. Code § 46.2-410.1. Upon receipt of record of conviction for driving under the influence from [...]

Instrument Accuracy Proof Not Needed

By Deborah Elkins
Published: December 19, 2012
Tags: Judge William G. Petty, Traffic Offenses, Virginia Court of Appeals

The Court of Appeals says a certificate of blood alcohol analysis was admissible at defendant’s DWI trial regardless of any alleged error in admitting a certificate of instrument accuracy, and defendant’s conviction of DWI, first offense is affirmed. The certificate of blood alcohol analysis indicated defendant’s blood alcohol content was 0.16 at 1:14 a.m. on [...]