The VLW Blog

The Virginia Court of Appeals relies on Melendez-Diaz v. Massachusetts today in reversing a drunken driving conviction.
The case, Grant v. Commonwealth, is the first state appellate decision since the U.S. Supreme Court decided Melendez-Diaz in late June. Grant was pending when Melendez-Diaz was decided, and the Court of Appeals asked for supplemental briefs in light [...]

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A top aide to Gov. Tim Kaine says the special General Assembly session called by the governor is expected to focus solely on the issue of proving scientific tests in court, not on any other legislation that lawmakers might want to advance.
Mark Rubin, counselor to the governor, told a Virginia Bar Association conference today that [...]

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Following a new U.S. Supreme Court case, Fairfax Circuit Judge Jane Marum Roush on Friday dismissed DUI charges against a man who allegedly had a BAC of 0.11.
The reason: In June, the high court decided Melendez-Diaz v. Massachusetts, a case generally holding that lab analysts must appear in court rather than merely submit their findings [...]

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The aging and embattled Intoxilyzer 5000 breath alcohol tester this week is scheduled to get its first technical scrutiny by the defense in the Alexandria case of a former New York Congressman charged with drunken driving.
Circuit Judge Nolan B. Dawkins on Thursday granted Rep. Vito Fossella’s motion to allow inspection of the instrument “with an [...]

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Alexandria General District Judge Becky J. Moore yesterday imposed a five-day jail sentence for Rep. Vito Fossella, R-N.Y., for his Virginia DUI conviction.
The Washington Post reports the congressman has noted an appeal.

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A helicopter pilot giving rides to children during last year’s Suffolk Peanut Fest has pleaded guilty to felony child neglect and reckless operation of an aircraft for flying while drunk.
As reported by WVEC, police recorded a BAC of .116 for Florida pilot [...]

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Law enforcement officers might dream of headlines about catching public enemies and saving citizens from harm. Unfortunately, those are not the headlines coming out out about Pittsylvania County Sheriff’s Deputy Ronald Anderson. His latest appearance in the news columns concerns his recent arrest in North Carolina for driving while impaired. It was [...]

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Wythe County Juvenile & Domestic Relations Judge Michael K. Blankenship was charged with drunken driving on Saturday, reports the Roanoke Times.
Blankenship was stopped in Smyth County after police were told to be on the lookout for a Subaru driving erratically on Interstate 81.

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A new specialized license plate could be coming soon to Virginia.
Its focus group? Drunken drivers.
A newly proposed law would order Virginia drivers with three or more DUI convictions to sport bright yellow license plates with red characters – a “Scarlet Letter” of sorts for repeat offenders.
The bill, sponsored by Del. Lionel Spruill Sr., D-Chesapeake, would [...]

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Former University of Mary Washington President William J. Frawley was in court yesterday on the first of two drunken-driving hearings he will have this week.
The Richmond Times-Dispatch reports that in Fredericksburg general district court, he entered an Alford plea, in which he did not admit guilt but acknowledged the prosecution had enough evidence to [...]

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