Leesburg Virginia Drunk Driving Defense Law Blog

When can I challenge a Breathalyzer test?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Wednesday, November 13, 2019.

Breathalyzer tests can be challenged under certain circumstances and accused individuals should know what those circumstances are. To produce reliable and accurate results, Breathalyzer tests must be properly maintained and calibrated and if they are not, it may be possible to challenge drunk driving charges that are based on a Breathalyzer test.

A Breathalyzer test may form the basis of drunk driving charges the accused individual is facing which is why it is important to know how they work and how to challenge them. Breathalyzer tests must be kept in proper working order and properly maintained according to a set schedule. How a Breathalyzer test is maintained, and how often it must be calibrated, varies by state law so accused individuals should be familiar with the requirements in their state.

What is expungement?

On behalf of Sevila, Saunders, Huddleston & White posted in criminal defense on Wednesday, November 13, 2019.

Expungement, also sometimes referred to as expunction, can be critically important to individuals who have been convicted of a crime, which is why they should be familiar with the expunction process. Many understandable questions may come up related to the expungement process that convicted individuals should ensure they have answers to.

Expungement refers to a legal process through which the court orders a criminal conviction to be erased or sealed which means that, in the eyes of the legal system and court, it does not exist. The process may also be referred to as setting a criminal conviction aside. Whether expunction is available, and the nature of the process for having a criminal conviction or arrest expunged, varies by state so individuals looking into having their arrest or criminal conviction expunged should understand the availability requirements and eligibility for expunction where they live and also where their conviction took place.

Understanding Virginia’s driver’s license point system

On behalf of Sevila, Saunders, Huddleston & White on Friday, November 8, 2019.

When you want to go to work, visit friends, shop for groceries or see a movie, you get behind the wheel of your vehicle. While you may not typically think twice about your driving privileges, too many moving violations may make it impossible to drive legally.

Many states use a point system to encourage safe driving. Unfortunately, though, Virginia’s approach is somewhat confusing. Still, if you drive in the Old Dominion, you need to know about the commonwealth’s driver’s license demerit system.

How is child support calculated in Virginia?

On behalf of Sevila, Saunders, Huddleston & White posted in Child Support on Thursday, November 7, 2019.

The manner of how child support is calculated in Virginia is important to both divorcing parents and unmarried parents. Those who will pay child support will want to know how to anticipate the child support obligation they will have and those who will receive child support will also want to know what to anticipate they will receive in child support. Fortunately, child support guidelines can help divorcing couples through their child support concerns.

Child support can also be an acrimonious issue for many divorcing couples so knowing how child support is determined is helpful to be familiar with. Child support is generally a payment a parent is required to make for the support of their child and must generally be made until the child is 19 with some exceptions. Child support can be established during a divorce by agreement of the parents or order of the family law court.

Methods of challenging field sobriety tests

On behalf of Sevila, Saunders, Huddleston & White posted in dui/dwi on Thursday, November 7, 2019.

Understanding how DUI charges are brought, and how to challenge them when necessary, is important for any accused individual to be aware of. Both breath tests and field sobriety tests may form the basis of DUI charges and there are options to challenge both that the accused individuals should be familiar with, especially if the charges the accused individual is facing are based on a field sobriety test.

There are three basic types of field sobriety tests including the horizontal gaze nystagmus test, the walk and turn test and the one-leg stand test. It is important that each of these tests are properly performed by the police officer conducting them. The police officer should perform the tests according to the guidelines that are set by the National Highway Traffic Safety Administration. In order to conduct the tests properly, the police officer must also be properly trained to perform them and must follow that training.

How business valuation is handled during property division

On behalf of Sevila, Saunders, Huddleston & White posted in financial and property issues on Thursday, November 7, 2019.

Property division during divorce may not always be as straightforward as the divorcing couple would like. When complex or high-value assets, such as a business, are involved, there can be challenges divorcing couples should be prepared for so that they can take them head on and protect their interests.

Property division in Virginia is performed equitably so it is helpful for divorcing couples to understand what that means for them and for their property. Equitable property division means that property will be divided fairly between the divorcing couple. The family law court will consider factors such as the length of the marriage, why it ended, any marital fault and any domestic violence that was present when making a property division determination.

What are ignition interlock devices?

On behalf of Sevila, Saunders, Huddleston & White posted in dui/dwi on Thursday, November 7, 2019.

Ignition interlock devices are a requirement that individuals accused of driving while under the influence may face. Because of the impact and costs associated with having an ignition interlock device on your vehicle, accused drivers facing DUI charges should be familiar with how ignition interlock devices work.

An ignition interlock device is essentially a breathalyzer device installed on the vehicle of a driver who has been convicted of DUI charges. Ignition interlock devices are one of the potential penalties and consequences a drunk driver faces. An accused driver facing DUI charges may be required to install an ignition interlock device on their vehicle at their own expense. The driver is usually required to pay the costs of an ignition interlock device which can be costly especially on top of the fines and fees commonly associated with DUI charges.

The process of challenging field sobriety tests

On behalf of Sevila, Saunders, Huddleston & White posted in dui/dwi on Tuesday, October 29, 2019.

A DUI charge may be based on something as seemingly straightforward as a field sobriety test, however, there are a variety of ways a field sobriety test may be invalid so it is important for accused individuals facing DUI charges to be familiar with what those are. A strong criminal defense strategy may challenge any field sobriety test conducted so accused individuals should know how to do that.

There are different options for challenging field sobriety tests that accused drivers should be familiar with. A field sobriety test may form the basis for DUI charges which is why they are so important to know how to challenge. In addition, they may be flawed which is important for accused drivers to be aware of. There are generally three types of field sobriety tests including the horizontal gaze nystagmus test, the walk and turn test and the one-leg stand test. It may be possible to challenge the reliability of these tests as some studies have found that even when they are performed properly, they are only 80% to 91% reliable.

How can a prenuptial agreement help any couple?

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Tuesday, October 22, 2019.

Prenuptial agreements have many important benefits for couples entering a marriage. There are many misconceptions and misunderstandings often associated with prenuptial agreements but they are an excellent family law legal tool to help couples entering a marriage establish property rights for their marriage.

Prenuptial agreements can protect the assets of a wealthy soon-to-be spouse but they have many other uses as well. Beneficial uses for prenuptial agreements include protecting one party from the debts of the other; determining how property will be passed upon death; clarifying financial rights and responsibilities during the marriage; and avoiding long and costly disputes if the divorcing couple decides to divorce at some point because they will not need to take time or money to fight about their property division settlement.

What are the benefits of a prenuptial agreement?

On behalf of Sevila, Saunders, Huddleston & White posted in family law on Thursday, October 17, 2019.

Prenuptial agreements are sometimes misunderstood as only a tool for the wealthy to protect their assets from a soon-to-be spouse. Prenuptial agreements can protect assets but they can do so for both spouses and can provide a variety of other important benefits and protections couples entering a marriage should consider.

Prenuptial agreements are a family law tool that can help couples entering a marriage address a variety of different concerns they may have. It is useful to note that without a prenuptial agreement, if the couple decides to divorce at some point, the property division laws in their state will determine the division of their property which may not be how they want their property to be divided. This blog has previously discussed the Virginia follows equitable property division rules.

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