Leesburg Virginia Drunk Driving Defense Law Blog

Defense options are available for sexual assault allegations

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Tuesday, August 20, 2019.

While facing any type of criminal allegation can be major, there are some charges that can be more life impacting than others. Take sexual assault allegations for example. This is a very serious matter, and when a person in Virginia and elsewhere is accused of forcing someone to have unconsented sex, this could result in very harsh penalties if a conviction results. Thus, it is imperative that one considers the defense options available to them.

What defense options are available for sexual assault allegations? While there are a variety of defense actions a defendant could take, this post will focus on three. The first is to claim one's innocence. This means that the accused using an alibi to prove that they could not have committed the alleged act or that they were misidentified as the perpetrator.

Why you should not blow off a traffic ticket

On behalf of Sevila, Saunders, Huddleston & White on Sunday, August 18, 2019.

Getting a traffic ticket is one of the most common offenses. No one would automatically think any less of you for the police pulling you over for a traffic violation, as most people receive a ticket sometime in their life.

When it seems like no big deal, you may believe the best course of action is to pay the fine and fulfill any other necessary requirements so you can move on with life. However, that may not always be the right choice.

Helping you resolve child support issues

On behalf of Sevila, Saunders, Huddleston & White posted in Child Support on Friday, August 16, 2019.

As any parent in Virginia can attest, raising a child can be a lot of work. Although it is a very rewarding part in life, it can also be a very costly one. Thus, when parents split, it is still imperative that the child's financial needs are met. Unfortunately, this does not always naturally and willingly occur following a split or a divorce.

Seeking child support is common when parents are no longer together. However, it can be a complex and emotional process, especially if the parents are involved in a custody dispute. Because child support is often dependent on the custody and placement of the child, the two family law issues often go hand-in-hand.

Does Virginia allow no-fault divorces?

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Thursday, August 15, 2019.

Most states allow what are called "no-fault divorces." In these states, a couple can end their marriage by agreement and without proving that one or both parties engaged in conduct detrimental to the marital relationship. Virginia's divorce laws make the path to marital termination somewhat more complex.

Two kinds of divorce exist in Virginia: divorce from bed and board, and divorce from the bond of matrimony. A divorce from bed and board ends the marriage, but neither spouse is allowed to remarry. A divorce from the bond of matrimony is a complete termination of the marriage.

Resolving child support disputes through mediation

On behalf of Sevila, Saunders, Huddleston & White posted in Child Support on Friday, August 9, 2019.

One of the most difficult disputes to resolve in a divorce in Virginia are those that pertain to child support, especially if the parents will have very different financial situations after the divorce is completed. One of the most helpful methods of avoiding this problem is mediation. Parties involved in a divorce often reject the possibility of mediation because they do not understand the process. In this post, we will provide some basic information about the mediation process in order to promote a broader understanding of what it entails.

As its name implies, "mediation" means the middle. A mediation undertaken during a divorce is an effort to help the parties by finding a mutually acceptable middle ground. The mediation process utilizes a trained mediator and the parties themselves to further these efforts.

What is an ignition interlock device?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Friday, August 9, 2019.

Many licensed drivers in Virginia have heard of ignition interlock devices, but they do not have a full understanding of how the devices work or when a person can be compelled to use one. Virginia's traffic code requires that any person who is convicted of a drunk driving offense must install an ignition interlock system on his or her motor vehicle for a period prescribed by the judge. In addition, the guilty party cannot operate any motor vehicle that is not equipped with an ignition interlock device. Both penalties last until any period of driving suspension has expired. The offender must provide periodic reports to the court demonstrating compliance with the court's order.

An ignition interlock device is intended to prevent a person who has a current blood alcohol content (BAC) greater than 0.02 percent from operating the motor vehicle to which the device is attached. The device works by analyzing a sample of the would-be driver's breath to determine the blood alcohol content.

Blood tests lead to felony charges against Virginia driver

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Wednesday, July 31, 2019.

Drivers who are arrested on suspicion of driving under the influence of alcohol or drugs are required to provide a blood sample for testing by a law enforcement laboratory. Tests for excess blood alcohol content are often completed within a week or two, but testing for more complex chemicals such as methamphetamine or marijuana can take much longer. A resident of Goode, Virginia recently was required to wait over a month in jail before the tests on his blood alcohol content were completed. The tests results were revealed last week, and they resulted in serious drunk driving charges being made against the man.

On April 6, the man was driving his truck when he crossed over the double yellow centerline on Burks Hill Road one-half mile north of U.S. 460. He collided with a car driven by a 75-year-old woman who was taking food to her elderly parents in Monroe. The woman died almost instantly. When police arrived at the accident scene, the accused driver was disoriented and not making sense, according to the prosecutor. Police took blood samples from the driver of the truck, but results were not returned until June 26.

Annulment of a marriage in Virginia

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Wednesday, July 31, 2019.

Most couples who get married and later choose to end the marriage will follow the legal steps for a divorce. Occasionally, however, a marriage is either void from its inception or contains a legal flaw that allows either spouse or a third party to commence an action to annul the marriage. The difference between a divorce and an annulment is straightforward: a marriage that is terminated by an order for annulment never existed in the eyes of the law. A marriage that is ended by divorce is a marriage whose legal existence was ended by judicial decree.

Virginia statutes provide several grounds for annulling a marriage. If either of the parties are under the age of 18 at the time of the marriage, the marriage may be ended by a decree of annulment. Prohibited marriages may also be annulled. These marriages include marriages entered into prior to the dissolution of a previous marriage, a marriage between an ancestor and descendant or between a brother and sister or between an uncle and a niece or an aunt and nephew. If either of the parties lacked capacity to consent, either because of age or mental infirmity, the marriage may be ended by annulment.

Mayor charged with second DUI

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Friday, July 26, 2019.

Being a public official may provide many satisfying moments, but occasionally, a person's public role only serves to shine a brighter light on any sort of misstep. The mayor of Strasburg, Virginia, is learning that lesson after being charged with drunk driving within five years of a prior offense.

The mayor was arrested on May 17 and charged with driving under the influence of alcohol after he crashed an all-terrain vehicle into the town's library. Police have now lodged two additional charges against him, and one is far more serious charge than a simple DUI.

Methods of dividing equity in the family home

On behalf of Sevila, Saunders, Huddleston & White posted in financial and property issues on Friday, July 26, 2019.

Virginia divorce laws require that a couple's property be divided fairly between the spouses. Real estate can be a difficult barrier to reaching this outcome because most real property is illiquid and cannot be easily divided. The family home therefore often presents a special problem because, for most divorcing couples, the family home is their largest single asset.

To address this problem, a divorcing couple should first obtain a reliable appraisal of their equity in the home. Many couples elect to obtain two appraisals to protect against bias in a single appraisal. Once the couple agrees on the fair market value of the house, they subtract all outstanding liens for mortgages, unpaid taxes, local assessment, and unpaid contractors' bills. The result is the net equity, and this is the amount that must be divided fairly and equitably.

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