If you need a Fairfax Virginia DWI or DUI lawyer than GRDD Law can help. GRDD Law’s team can even answer any questions you may have about personal injury cases. Contact GRDD Law today (703) 273-1400 for more information or to schedule an appointment.

We get a lot of commonly asked questions about Virginia DWI, DUI and traffic law and we’re including several of those (and their answers) here on the blog. To read more commonly asked questions, visit out website here.

Frequently Asked Questions about Traffic/DWI Law

1.QUESTION: Why do I need a lawyer in Traffic Court or for DWI/DWI?

ANSWER: Whether you are charged with an offense that is criminal in nature or a basic traffic offense, Traffic Court matters have serious financial and economic implications beyond the fine and costs assessed by the Court. For many people, traffic court is their first experience with the United States legal system, which has complex rules and procedures. A lawyer knows how to navigate through the law, the rules and the court procedures. Experienced counsel knows the inclinations of various judges and prosecutors.

Many traffic defenses involve complex and technical issues. A capable lawyer can assess and recognize whether the prosecution can prove its case. A lawyer can advise you regarding viable defenses; help you present defenses that work; and, when appropriate, can negotiate a satisfactory plea bargain. A lawyer can protect your rights and prevent you from being taken advantage of by an overloaded or impersonal legal system. A lawyer can help you obtain a restricted driver’s license if you are qualified for one. In short, a lawyer is your ally in a complex and often hostile system.

2.QUESTION: What are GRDD Law’s fees for handling DWU/DUI or traffic cases?

ANSWER: In most circumstances GRDD Law will agree to a flat fee. The fee depends upon the firm’s estimate of the time involved in handling the case.

3.QUESTION: How can I get to work if I am convicted of DWI and my license is suspended?

ANSWER: The Virginia statute provides for a restricted license in certain circumstances. A restricted license may be available for appropriate individuals.

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DUI Lawyer Virginia

DWI Lawyer Virginia

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GRDD Law publishes a number of articles on their website about their various practice areas: Bankruptcy; Business Law; Commercial Landlord; Construction Law; Litigation; Personal Injury; Technology Law; and Traffic/DWI.

Here’s an article from the Traffic/DWI section:

Why do I need a lawyer in Traffic Court?

Many traffic court matters (in Virginia) are considered misdemeanors, such as DWI, Hit & Run, Reckless Driving and Driving on a Suspended or Revoked License. Some offenses may even rise to the level of a felony such as 3rd offense DWIs and certain Hit & Run offenses. These offenses are criminal in nature and can result in a jail sentence, as well as an extended suspension of your driver’s license.

Whether you are charged with an offense that is criminal in nature or a basic traffic offense, Traffic Court matters have serious financial and economic implications beyond the fine and costs assessed by the Court. These costs may include potential increases in your insurance premiums and loss of driving privileges. The point system in most states, including Virginia, may further penalize your ability to retain a driver’s license if you accumulate traffic court convictions. In addition, depending upon your occupation, the ability to retain a driver’s license and to avoid a criminal conviction could be crucial to your career.

For many people, traffic court is their first experience with the American legal system. It is a system with complex rules and procedures. A lawyer knows how to navigate through the law, the rules and the court procedures. Experienced counsel knows the inclinations of the various judges and the prosecutors. A lawyer is in the best position to recognize mistakes made by the prosecution and is able to assist with the technical defenses available to people who find themselves in Traffic Court. Many traffic defenses involve complex and technical issues.

In most prosecutions of a DWI, the State relies upon a scientific test to prove intoxication. The machine used by the police takes a sample of your breath because the laws against drunk driving are keyed to the amount of alcohol in your blood at the time you are driving. Often the breath sample is not obtained until an hour or longer after the police stop or the actual driving activity. This opens the door for scientific and technical defenses with the assistance of experts in the field of toxicology, who understand the science of measuring blood alcohol content.

Speed related offenses are dependent upon the ability of the police officer to accurately measure the speed of the offending driver’s vehicle. Different methods are utilized to measure speed including standing radar, moving radar, laser devices, timing devices, and pacing. With each method the burden is on the prosecution to demonstrate that the police officer has used accurate and properly calibrated measuring devices. A capable lawyer can assess and recognize whether the prosecution can prove its case.

A lawyer can advise you regarding viable defenses; help you present defenses that work; and, when appropriate, can negotiate a satisfactory plea bargain. A lawyer can protect your rights and prevent you from being taken advantage of by an overloaded or impersonal legal system. A lawyer can help you obtain a restricted driver’s license if you are qualified for one. In short, a lawyer is your ally in a complex and often hostile system.

If you’d like to contact Gross & Romanick about representation, call 703-273-1400 today.

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DWI Lawyer Virginia

Reckless Driving Lawyer Virginia

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Speeding Lawyer Fairfax

Many people are confused about their rights when they are stopped while driving on the road by a police officer.

In fact, a large percentage of individuals stopped for routine traffic violations incorrectly believe that they are required to perform whatever tasks or tests are requested by the police. If you are stopped for any sort of traffic violation, with a few exceptions, you have the right to politely decline almost any request made by the police officer.

The 5th Amendment of the United States Constitution protects against “compulsory self-incrimination” (meaning that no person can be required to give evidence against them self). This protection extends to both statements and various field sobriety tests, such as walk the line, touch your nose, etc. In the context of routine traffic stops, this means that you have the right to refuse an officer’s request for you to exit the vehicle. You also have the right to refuse to perform field sobriety tests. You have the right to refuse consent to a search of your vehicle. You may choose to exit your vehicle and perform these tests, but that is your choice. In many circumstances, the police officer cannot legally order you out of your car to perform sobriety tests if you are stopped for a routine traffic violation.

Under most circumstances, a motorist should not make any statement or have a discussion with the police officer. Do not try to convince the officer of how little you had to drink (“only 2 drinks officer!”). Citizens are under the mistaken belief that the policeman must read you Miranda Rights before asking basic questions about your drinking and driving behavior. Whatever you say and do will probably be used against you in court.

In many cases, even if you remain polite and courteous with the police officer, the officer will aggressively attempt to convince you to perform field sobriety tests, including a field blow test. Again the 5th Amendment affords you the right to refuse to perform tests. However, after you are legally arrested and transported back to the police station, there are statutory consequences for failing to take a breath test. Refusal to take a breath or blood test after being legally arrested is a violation of Virginia’s implied consent law and may subject you to the loss of your privilege to drive, as well as other consequences.

If you do refuse to cooperate with a police officer, you may be threatened with arrest and you may anger the police officer. Therefore, you should understand the consequences of being uncooperative. If the police officer does arrest you and charges you with a criminal offense (such as DWI or Possession of Marijuana), you should seek out a knowledgeable and competent criminal defense attorney. Regardless of whether you complied with the officer’s requests or exercised your rights and refused, you should have a lawyer to ensure that your rights are properly protected in court.

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Speeding Lawyer Virginia

The Alcohol Safety Action Program (ASAP) was established by the Virginia legislature to provide alcohol courses and programs for persons convicted of a DWI (Driving motor vehicle, engine, etc., while intoxicated).

As a condition of probation and to obtain a restricted license, a person convicted of a DWI must enter into and successfully complete ASAP. Although a court may decline to order participation in ASAP if the assessment by ASAP indicates that intervention is not appropriate for such person, it almost never happens in the Northern Virginia courts. Nevertheless, a pre-court evaluation by ASAP can be a valuable tool in certain cases.

While an ASAP evaluation normally takes place after a conviction of a DWI, Fairfax ASAP offers a pre-court evaluation service. Someone who is charged with a DWI and who took a blood or breath test indicating a high level of alcohol may wish to obtain a pre-court evaluation. In cases of high blood alcohol levels a judge may require an ASAP evaluation before issuing a restricted license. A pre-court evaluation which indicates that the accused does not have a serious alcohol problem and will not be a danger on the road may enable this person to obtain a restricted license at the first court hearing. Since an ASAP evaluation in Fairfax County can take 6 weeks or more to obtain, a pre-court evaluation may save a person from a substantial period of time without a driver’s license.

An appointment for a pre-court evaluation must be made at least several weeks prior to the court date. The evaluation interview is conducted in a group setting and takes approximately three hours. The pre-court evaluation report contains a demographic statement, offense history, alcohol and drug history, recommendations for program requirements and a risk assessment. A copy of the pre-court evaluation report is sent to the court, the defendant’s attorney and the client.

Although a good evaluation can be very helpful, a bad report can be devastating to the attempt to obtain a positive result in court. Because the report generally contains information about the drinking behavior of the accused on the day of the charge, a decision to obtain the pre-court evaluation should be made in consultation with an experienced DWI lawyer. This lawyer can also advise the client on how to properly conduct oneself during the interview.

The above is not meant to replace legal counsel. If you’d like to speak to one of the attorneys at GRDD Law, call the firm directly at 703-273-1400 or fill out their online information request form.

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Reckless Driving Lawyer Virginia

If you’ve recently received a speeding ticket, or a reckless driving by speed ticket, in Virginia, you may well ask how police in Northern Virginia even measure speed?

The police in NoVa actually commonly use one of three methods to measure the speed of moving vehicles:

– Radar

– LIDAR, or Laser speed detection

– and pace

The method most of us are familiar with is radar. Radar works through an application of the Doppler Effect.

The Doppler Effect explains why the pitch of a siren coming from far way sounds different from the pitch of one close by. As sound travels through air, sound is distorted. The further the distance between your ear and the sound, the more the sound is distorted.

A police officer aims the radar gun at a target–in this case your vehicle–and the signal distortion is directly proportional to the speed of the target: the faster the vehicle, the greater the distortion. The distorted radar beam is reflected back to the radar gun and the radar gun “reads” the distortion and calculates the speed of the target.

Radar guns are generally accurate within approximately one mile per hour under normal conditions. However, numerous variables affect the accuracy of radar including calibration errors, distance and interference. The further the radar gun is from the target, the wider the radar beam and the greater the possibility of measuring the wrong vehicle or some other object that will cause interference. At a distance of 1000 feet, the beam could be as wide as 250 feet. In Northern Virginia, radar guns are checked for accuracy using a tuning fork or a calibrated speedometer. A tuning fork, vibrating at a specific frequency produces the same effect on a radar beam as a moving car. In Virginia, tuning forks must be calibrated and checked for accuracy every six months.

Most of us are less familiar with LIDAR, another method of detecting speed. (LIDAR stands for LIght Detection And Ranging.) LIDAR devices are frequently referred to as Laser speed detection devices. Essentially, LIDAR and radar are identical except that, while radar uses a sound or frequency beam, LIDAR uses a focused beam of light. When light is transmitted from the LIDAR device and hits a target, the light is reflected back to the LIDAR device. If the target is moving away from the LIDAR device, the reflected light will have a longer wavelength than it did when it left the LIDAR device. If the target is moving closer to the LIDAR device, the reflected light will have a shorter wavelength. The LIDAR device measures the distance between the target vehicle and the device hundreds of times within about 1/3 of a second and can translate the distances into a determination of speed.

LIDAR is very accurate because it uses a very narrow, focused beam of light. At a distance of 1000 feet, the beam of light is only 3 feet wide. LIDAR is more precise than radar and less likely to encounter interference from objects and other vehicles, which are the reasons why police prefer LIDAR. However, like radar, distance can affect the ability of a police officer to target the correct vehicle. LIDAR devices sight targets much like a gun or rifle and accuracy depends on the ability of the operator to properly sight the target. LIDAR devices must also be checked for accuracy every 6 months. Currently Virginia uses LIDAR devices manufactured by Kustom Signals, Inc. in the State of Kansas. The accuracy certificates used in Court are completed in Kansas by the employees of Kustom Signals, Inc. and sent to Virginia. This practice has opened the door to challenges as to the admissibility of the LIDAR certificates of accuracy.

Most of us are also unfamiliar with the third method of detecting speed in Northern VIrginia: pace. Pace is, as the name suggests, the practice of measuring speed according to the pace (speed) of the police car. A police officer will position the police cruiser at a specific point in relation to a vehicle suspected of speeding (for example, two car lengths behind) and will attempt to maintain the same speed as the target vehicle for a measurable period of time or distance.

But various factors affect a police officer’s ability to establish a meaningful pace. These factors include an accurate speedometer, speed changes due to road conditions, distance and time the speed of the target vehicle is measured as well as the location of and the actions taken by other motorists at the time of the pace. In Virginia, the traffic courts require a police officer to present a sworn speedometer accuracy certificate in order to conclude that the officer testimony is credible and that the measurement of the target vehicle’s speed is accurate.

If you’ve received a speeding ticket in VA don’t hesitate to contact the lawyers at GRDD Law by calling 703-273-1400 or by filling out our Information Request form.

Whether you are charged with an offense that is criminal in nature or a basic traffic offense like speeding, Traffic Court matters have serious financial and economic implications beyond the fine and costs assessed by the Court. For many people, traffic court is their first experience with the American legal system. It is a system with complex rules and procedures. A lawyer knows how to navigate through the law, the rules and the court procedures. Experienced counsel knows the inclinations of the various judges and the prosecutors.

Many traffic defenses involve complex and technical issues. A capable lawyer can assess and recognize whether the prosecution can prove its case. A lawyer can advise you regarding viable defenses; help you present defenses that work; and, when appropriate, can negotiate a satisfactory plea bargain. A lawyer can protect your rights and prevent you from being taken advantage of by an overloaded or impersonal legal system. A lawyer can help you obtain a restricted driver’s license if you are qualified for one. In short, a lawyer is your ally in a complex and often hostile system.

Speeding Lawyer Fairfax

Reckless Driving Lawyer Virginia

Speeding Lawyer Virginia

Reckless Driving Lawyer Fairfax

DUI Lawyer Virginia

A November 7, 2011 article in the Fairfax News shows that “some 32,760 drunken driving arrests were made across Virginia in 2010, wA November 7, 2011 article in the Fairfax News shows that “some 32,760 drunken driving arrests were made across Virginia in 2010, which resulted in 29,063 convictions.” Based upon these statistics, the statewide conviction rate for individuals charged with DWI is approximately 88.7%. This, of course, begs the question: what happens in the other 11.3% of cases.

Presumably, some of the 3,697 remaining cases resulted in plea bargains to lesser offenses such as reckless driving. Others were certainly dismissed after trial upon a finding of not guilty.

How did these individuals manage to defy the odds and avoid a conviction for DWI after being charged?

There are a number of reasons why an individual may be found not guilty of a DWI. The situation may be such that the individual charged with DWI was in an accident, the police did not witness the accident and the other driver involved in the accident fails to appear in court. In this situation, if the defendant did not make any statements, there is no evidence that the defendant was driving the vehicle.

In order to stop a vehicle on the highways, police must have reasonable suspicion that the vehicle is involved in criminal activity or has committed a traffic violation. If the police stop a vehicle because they have nothing more than a hunch that the driver may be intoxicated, the traffic stop itself is unlawful and everything that follows will be suppressed by a court, including the arrest for DWI.

In order to arrest an individual, police must have probable cause to believe that the individual has committed an offense. Typically, in the context of DWI arrests, this decision is based upon driving behavior and field sobriety tests. Some officers will also utilize field (or preliminary) breath testing (“PBT”). If an individual performs well on field sobriety tests and the officer makes a decision to arrest based upon a PBT result, that arrest may be unlawful if the PBT was not properly administered and the individual was not properly advised of their rights regarding the PBT.

Sometimes, even if the field sobriety tests do give rise to probable cause for the arrest, they are not sufficient, by themselves, to prove beyond a reasonable doubt that an individual was driving while intoxicated. If the defendant refuses a station breath test and the field tests are marginal, there may be insufficient evidence to find the defendant guilty of DWI beyond a reasonable doubt.

Other issues that could result in acquittals include unconstitutionally deployed checkpoints, problems with breath analysis machines, improper administration of implied consent laws and a host of constitutional issues regarding the search and seizure of individuals on the highways.

At GRDD Law, we pride ourselves on zealous defense of individuals charged with serious traffic offenses, including DWI. We are well versed in all the issues that can result in an acquittal or a reduction to a lesser offense. In 2011 (through November 22), clients of Gross, Romanick, Dean & DeSimone, P.C., on average, bested the statewide conviction rate by over 25%. More specifically, 40% of GRDD Law’s DWI clients were not convicted of a DWI. In 2010, the conviction rate for clients of GRDD Law was closer to the statewide average, but over half of those individuals were charged with an enhanced DWI and were convicted of something less than their original charge.

An enhanced DWI charge is a DWI charge that is somehow more serious than a standard DWI charge. If a BAC is over .15, there is mandatory jail time and a requirement for an ignition interlock device. An enhanced DWI charge also includes situations where individuals are charged with a 2nd or subsequent offense within the past 10 years. In situations where individuals have been charged with enhanced DWI, GRDD Law has been very successful in obtaining a reduction of the charge to a 1st offense or obtaining a reduction of the BAC.

There are, obviously, a great many factors that influence the results of a particular case: the presence of reasonable suspicion for the traffic stop, the existence of probable cause to arrest, maintenance records for breath machines and the presence of any of the multitude of issues discussed in this article as well as some issues that are beyond the scope of this article. Every case is different and past results cannot predict future results but one cannot help but wonder if the statewide conviction rate would be any lower if some of those 29,063 individuals had retained experienced defense counsel such as the attorneys at Gross, Romanick, Dean & DeSimone, P.C. If you have been charged with a DWI, you need a lawyer. Call us at 703-273-1400 to set up an appointment.

hich resulted in 29,063 convictions.” Based upon these statistics, the statewide conviction rate for individuals charged with DWI is approximately 88.7%. This, of course, begs the question: what happens in the other 11.3% of cases.

Presumably, some of the 3,697 remaining cases resulted in plea bargains to lesser offenses such as reckless driving. Others were certainly dismissed after trial upon a finding of not guilty. How did these individuals manage to defy the odds and avoid a conviction for DWI after being charged?

DWI Lawyer Virginia

DUI Lawyer Fairfax

Reckless Driving Lawyer Virginia

DWI Lawyer Fairfax

DUI Lawyer Virginia