Virginia DNA Study Shows “Surprising” Potential for Wrongful Convictions

In the days before CSI showed us the forensic value of a piece of chewing gum, the science that led to convictions was far less error-proof. Things like blood typing and teeth marks were about as high-tech as you could get in fingering a suspect. Now, however, science has changed and because of this, the potential for wrongful convictions has likely fallen. But a look back on past cases may show just how common such mistakes were back in the days before DNA testing became so commonplace.

A unique opportunity to test DNA samples on past cases arose when a “trove” of old case files including biological evidence was uncovered in the Virginia Department of Forensic Science. The case files dated from 1973 through 1988 and hadn’t yet been put through the DNA wringer.

On a federal grant, the samples were sent to the Justice Policy Center at the Urban Institute for evaluation. Those samples are still being tested and compiled and the final report will likely come later in this year.

Estimates, however, show that the rate of wrongful convictions during the time period of those case files to be around 6%, a shockingly high number. “I would have guessed an error rate of 1 or 2 percent,” said Samuel R. Gross professor of University of Michigan Law School and former defense lawyer. “This is a very big surprise.”

Thirty-seven cases out of the original 638 are said to possibly support exoneration, and definitely warrant further investigation, according to John Roman, senior fellow with the researching Justice Policy Center. As of yet, nothing has been done with those cases in the way of exonerations, however.

Currently, researchers are running with those 37 cases to courthouses and sifting through old files to verify if mistakes were made and if the DNA evidence could eventually lead to exonerations in these decades-old cases. After all of the evidence is gathered, it will be presented to “an expert prosecutor, a defense lawyer, and a former judge” to for final evaluation.

The use of DNA evidence isn’t error proof, but it’s far more reliable than blood typing and could mean the difference between an innocent person spending the rest of their life in prison, or living it out normally. The time period being looked at by this study is particularly interesting because such evidence wasn’t used back then.

Though DNA isn’t available in all cases, other evidence can similarly eliminate you from a suspect pool. Discussing your case with a defense attorney is the first step in learning how the evidence in your particular situation can help or hurt you in court.

If you’ve been accused of a criminal offense in Virginia, contact our offices today to discuss your case.

“Spice” Makers Skirt New Laws

Last year, Virginia was one of several states to ban the product known as “spice”, marketed as a legal alternative to marijuana. But law enforcement officials are having a difficult time holding anyone accountable under the new law as those companies making the spice have adapted their formulas to get around legal penalties.

The law, as seen here, banned ten different chemical ingredients that were commonly used in “spice”. These ingredients, known as cannabinoids, reportedly mimic marijuana and provide a fast high to those who smoke it. Since the law was passed, spice makers have gone back to the labs and reformulated their products with alternate cannabinoids.

According to the Washington Post, Virginia’s forensic lab tested 468 suspected spice samples between July and August of 2011. Only 101 of those samples contained the banned substances. In June, police in Falls Church raided a tobacco shop and seized 1,700 packets of spice. None of them contained illegal cannabinoids.

Spice was banned because of the suspected dangers of using it. Because it was easy to find and relatively cheap, young people especially were smoking it and getting high. But, many were also experiencing negative side effects like seizures, vomiting, accelerated heart rate, anxiety, and hallucinations. Of course, these effects were only seen in a fraction of the cases, but enough that lawmakers and parents wanted the substance removed completely from the market.

Soon after the law was passed, police made a very public raid on a Hampton Roads head shot. They seized 842 spice packets and they were lined up for the media to take photos of. But no one was ever charged with a crime in this raid because after the packets were tested, we learned there was nothing illegal about them.

The spice law contains language that any substance containing “other” chemicals that mimic these banned cannabinoids can also be prosecuted. But, the state says not enough scientific evidence is available on these newer cannabinoids being used. In other words, charges filed under this aspect of the law wouldn’t likely hold up in criminal court.

Currently, if you are caught in possession of spice that contains one of the banned cannabinoids, you can be charged with a Class 1 misdemeanor. If you are accused of selling it, it’s a felony charge. But, there’s a good chance that if you purchased it recently, it won’t fall into those substances banned under the law.

If you are charged with possession of spice or even possession of marijuana or another controlled substance, contact us for help.

Virginia Meth Labs on the Rise

In Virginia and across the country, meth labs are once again on the rise. Incidents of meth production fell dramatically in 2007 to about 6,000 nationwide. Last year they climbed to over 11,000 again, during a time when enforcement agencies can hardly afford to enforce the laws and dismantle the labs they uncover.

Part of the reason for the increase in meth is the ease in which it is now being produced. What used to take an entire room and numerous bottles, tubes, and chemicals, can now be done in a single 2 liter bottle with just a few ingredients from the local drug store.

The federal government did their part to fight meth labs, when the larger labs were being used, by enacting purchasing limits on pseudoephedrine, a crucial component in the meth recipe. But these smaller labs don’t use that much of the controlled ingredient and therefore fly under the radar much of the time.

Called one-pot labs, this method of meth production allows people to create a small amount of the drug in a relatively short amount of time. But this method isn’t any safer than the larger labs of years past.

They are still highly explosive and toxic. They can still cause fires and deaths. And the police still have to dismantle these labs using specially trained officers and equipment—costing money that many don’t have to spare.

In Christianburg, for example, the police quickly went through the money distributed by the feds for the purpose of cleaning up meth labs. Now, they have turned to money that was earmarked for other purposes, using 40% of the $15,000 budget to pay police informants. Unlike some other drug operations, these labs rarely result in cash seizures that can offset the costs of clean up.

In Bristol, just this week, three adults were arrested and charged with felonies when they were found to be operating two meth labs in a home with three children present. In all, the trio is facing 13 felony charges. They are accused of using the same small-batch method described above, and police found numerous bottles of prior meth-cooks littering the home.

With increased meth production comes increased meth enforcement. As the number of people using and making meth climb again, so will police attention to the drug and its related problems. If you are arrested and accused of manufacturing or merely possessing meth, we may be able to help.

Local VA Sheriff’s Office Promises Faster Turn Around on Protection Orders

A local man sits in a South Carolina jail, awaiting extradition home where he will face four counts of murder in Newport News. John Moses Ragin is accused of killing his wife and three step-children. A protection order may or may not have made a difference on the day the family was killed but the Newport News Sheriff’s Department says they will be speeding up the service of such paperwork regardless.

Crystal Ragin filed and was granted a protection order on August 18. But that order wasn’t served on the same day. According to the Daily Press, when the deputy got to the home to serve John Ragin, police cars and ambulances were already there investigating the slain foursome.

The Department says it wasn’t unusual for a protection order to be served 24 hours after its issuance, particularly in cases where the order didn’t come in until the afternoon. They would simply wait until the next day to attempt contact. But now, things will change.

While the orders used to be served by “civil service deputies”, they will now be delivered by transportation deputies, people who are already working nights and out and about in the area, if they are received late in the day.

The law states that such orders should be served “forthwith” which can be interpreted as immediately. There was a time where the wording said they should be delivered “as soon as possible”, leaving some room for procrastination when the timing wasn’t necessarily convenient.

Most experts agree that a protection order won’t stop someone who is set on committing a very violent act. However, it does make the victim feel safe and may reduce police calls for petty arguments and shoving matches.

This wasn’t the first protection order between Mr. and Mrs. Ragin. As a matter of fact, he had taken one out against her several years ago, showing that domestic violence is sometimes a two way street.
Mr. Ragin can’t be charged with violating a protection order in this case, however, because he was never served. But if convicted of murder, it’s not likely a small charge like a protection order violation would make much of a difference.

If you are accused of violating a protection order, even if it’s just to speak to the other party, you can be charged with a misdemeanor offense, something that could result in jail time and significant fines. In addition, your protection order can be extended for two years after you violate it.

Rarely do domestic violence cases end as tragically as the Ragin’s. But the courts err on the side of caution. If you are facing domestic violence charges or are accused of violating a protection order, contact our offices today.

Is 10mph Over A "Safe" Speeding Limit?

Hampton Roads has an interesting analysis in the Pilot Online about the number of speeding tickets issued for travelling at rates 10mph over the limit or less.

It is widely believed that police are unlikely to pull you over for speeding if you are only going 10mph over the limit, and their analysis appears to bear that out. According to their research, only three tenths of 1 percent of tickets issues where for less than that speeding threshold.

However, that doesn't mean it isn't possible. You are probably most likely to get tagged with low grade speeding in school zones with lots of kids around, which makes sense.

Virginia is known for some of the toughest speeding laws in the nation, with criminal charges for driving 20mph over the limit, or over 80mph, known as "reckless by speed". Reckless driving in Virginia is the same seriousness as a drunk driving charge - a Class 1 Misdemeanor offense.

But it is comforting to know that you are very unlikely to get a speeding citation for under 10mph over the limit. The practical reason for this isn't so much that the police are just willing to give you a pass. It's more likely if they want to pull over speeders, it frankly isn't hard to find people travelling faster than that, so they don't waste their time with the very minor infractions in most cases.
And it's certainly true that speedier drivers, especially chronic ones, are a bigger threat to public safely, and more worth the time and effort for an officer to stop them and issue a traffic ticket.

But Virginia is probably the last place that you want to push the limit much beyond that, given the significant legal problems you face when you up the ante.

Gun Crimes In Bars Down Despite New Law That Allows Concealed Weapons

Advocates of a law that took effect last July are demanding that those opposed apologize for raising a stink over potentials that never came to fruition. The law allows licensed concealed weapons carriers to take their weapons into bars and restaurants. Since the law took effect, there has been no noticeable increase in associated crimes as the opponents said there would be. Instead, firearm related crime in these establishments has actually dropped.

According to the Richmond Times-Dispatch major crimes involving firearms in Virginia restaurants and bars actually fell 5.2% in the past year when compared with the prior year when such weapons were not allowed at all. Of those crimes that were committed, the news says they were “relatively minor” and usually involved people who weren’t licensed concealed weapons carriers at all.

When the legislation was pending, opponents said the passing would result in a free for all, with gun crimes in such establishments going through the roof. And while they might be right about guns and alcohol not mixing, the law says those with a concealed weapon can’t drink while in the bar, but merely be present. It doesn’t, however, stop those who carry visible weapons from drinking.

Virginia is now one of 43 states that allow concealed weapons in restaurants that serve alcohol. One supporter of the law and the president of the Virginia Citizens Defense League says the decrease in crime is not surprising and calls it a “big yawn.” “The numbers basically just confirm what we’ve said would happen if the General Assembly changed the law.”

One thing the Times-Dispatch doesn’t point out is that crime overall has declined over the past calendar year. The decrease of firearms offenses in restaurants and bars isn’t likely because of the new law. Instead, the law more likely has had a neutral effect on crime rates.

In Virginia, firearms laws are complex and confusing, particularly when it comes licensed carriers. There are laws pertaining to how you carry your weapon, where you carry it, if you show it, and definitely if you fire it. The penalties for licensed firearms owners are often comparable to those for unlicensed owners. Understanding the differences in these laws and the slight nuances can be difficult for even the most savvy gun owner.

If you are charged with a firearms offense, you need the assistance of a Virginia criminal defense attorney. Contact our offices today to discuss your case and what options may be available to you.

Chesapeake Cop Cameras Getting an Upgrade?

Police in Chesapeake were some of the first in the nation to begin wearing cameras. Three years later, the Chief of police is looking at some very high-tech replacements and weighing the benefits of the cameras in general. According to the Pilot Online, complaints against police officers who wear the cameras are down and the department doesn’t regret their usage for a second.

In 2008 thanks to a grant from the Bureau of Justice Assistance, Chesapeake police were able to purchase 90 cameras from the VIEVU company out of Seattle. Designed by a former officer himself, these cameras are worn as part of the officer’s uniform and record any interactions that occur directly in front of him or her.

The cameras were given specifically to those officers who had frequent interactions with the public and those who had a history of complaints. What the department found was that complaints dropped and a good deal of complaints that were made were discredited by the cameras. While the Pilot Online subtly suggests most complaints are erroneous in the first place, there’s good reason to believe that the cameras put officers themselves on their best behavior.

Because of their seeming effectiveness, the department is looking at more complex cameras, with a longer recording time and the ability to add case notes to the video files. These cameras are made by Taser and the department says there is only one major problem—too many wires.

VIEVU cameras can record 4 hours and Taser cameras can hold 30. Looking a little RoboCop-esque, the Taser units also have LCD touch screen units that allow the officer to watch what he recorded. Interestingly, the report doesn’t mention if the officer himself would have editing power, something that would no doubt be a mistake.

The Pilot Online does mention these newer Taser units have an on/off switch. Many departments who have recently begun using cameras have barred officers from stopping the recording or having any ability to edit the video.

Police cameras do more than protect officers from bogus complaints, they protect the people from abuse of power by the police. But if the officers are allowed to stop recording, this isn’t a very trustworthy precautionary measure.

Also, it’s ironic that so many police agencies are moving towards individual cop-cams at the same time battling citizens equipped with cameras. Apparently, they only want to be behind the camera.

When you are accused of a criminal charge in Virginia, the likelihood that it was caught on any sort of recording device is pretty slim. However, even if it was, all hope is not lost. If you are charged with a crime and curious about how the evidence against you may affect the bottom line of your case, a consultation with an experienced attorney is in order.

Virginia's Massive Traffic Enforcement Efforts Net 6000 Citations

The annual traffic enforcement assault in Virginia known as Operation Land, Sea, and Air resulted in 6000 traffic and criminal citations being recorded.

As reported by WHSV-TV this past weekend, the Virginia State Police were out in force on interstate's across the Commonwealth, notably I-64. The result was thousands of traffic tickets and almost 900 criminal reckless driving citations.

In addition, there were a number of drunk driving and other criminal and felony arrests. Also caught up in this police effort were hundreds of people cited for seat-belt violations.

The VSP states that these publicized enforcement efforts are meant to make the public aware of the need to be careful on the roads, and promote driving safety. No doubt that is at least partially true, but it can't be overlooked that these aggressive traffic enforcement campaigns also bring in lots of money in fines and fees that is a real boon to Virginia's difficult state budget problems.

When is a Reckless Driving Charge Not Just A Reckless Driving Charge?

Reckless driving is a surprisingly standard and common offense in Virginia. Even though it is a criminal charge - a Class 1 Misdemeanor, the same as a DUI - it is very easy for the average person to get arrested and charged with reckless driving.

A Reckless driving charge only requires that you drive 20mph over the posted speed limit, or 80mph on highways to result in a criminal charge of "reckless by speed".

Of course, not all reckless offenses are quite that benign or accidental. The Times Dispatch, in it's regular Crime and Police News Section, reports on an incident where a person allegedly runs through a red line, and then attempts to run from the police.

He was ultimately stopped after an extended chase involving multiple police departments. One of which laid down a spike strip to blow out the tires and cause the car to stop.

He was arrested for both reckless driving and eluding police, a felony criminal traffic offense.

Of course such an incident is far from typical. Judges see reckless driving defendants every day in Virginia courts, and very few are quite this dramatic.

Most are average citizens who may have been driving a bit to fast, but never expected to find themselves accused of criminal charges.

Fortunately, our attorney can very often help get these charges reduced to non-criminal offenses, like a regular speeding ticket, or improper driving.

This legal representation costs far less than the fines and fees you would face if you are convicted of reckless driving. And many judges absolutely will convict you of the charge. In some jurisdictions, with particularly cranky judges, you are at real risk of a night or two in jail, just for driving a bit too fast!

It makes sense to consult with a Virginia defense attorney who regularly defend reckless charges to find out what your options are for getting rid of this legal problem as painlessly as possible.

Freed VA Man Fights For Exoneration

He was innocent enough to be freed from prison, but is he innocent enough to have his record cleared? A Virginia man was released from prison last week, after having served nearly two decades in prison for crimes he asserts he didn’t commit. And though there is evidence linking someone else to at least two of the crimes, a lack of evidence in a remaining conviction had him pleading his case before the Virginia Court of Appeals this week.

The man, now 46 years old, was convicted of several offenses involving the attack and rapes of five women back in 1984. All five women identified the defendant. He was convicted on crimes against three, charges were not filed in one, and he was acquitted in charges against the fifth.

In 2009, DNA evidence in three of the cases would prove that he was actually innocent of three of the attacks (two which he was convicted of and the one for which he was originally acquitted). He was exonerated of these two convictions.

The third conviction, for which he was serving time until last week, is what brought him before the Court of Appeals this week. Because there was no DNA evidence available for testing in this case, it’s the job of his attorneys to argue to the court that he is actually innocent of this last charge and entitled to exoneration.

The DNA connected his neighbor to the attacks, a man who was already serving time for serial rapes in the region. The defendants attorney argues this final conviction matches the patterns of the convicted neighbor and was no doubt committed by him to.

While it seems this case would be somewhat cut and dry, the legal field isn’t always so simple. Exoneration means he will be ultimately cleared of the criminal charges, with no implications on his record and his ultimate removal from the sex offender registry. It will also make him available to receive compensation for the years he was wrongly imprisoned.

In order for him to be exonerated, “actual innocence” must be proven. This means his attorneys must go far beyond proving the court made a mistake in convicting him, they must prove he did not commit the offense in question.

According to the Richmond Times-Dispatch his defense attorneys aren’t alone in their arguments; the Assistant Attorney General agrees that he is innocent of the original charges and that victim eyewitness testimony was mistaken in identifying him, not an unusual occurrence.

Facing criminal charges can be difficult. When you are innocent, it can be particularly hard to sit back and watch people paint a negative picture of you that simply isn’t accurate. If you are facing charges in the Virginia criminal courts, contact our attorneys today to see how we can help and how having aggressive representation can put you more at ease.

Jail Time for Reckless Driving

Virginia is know for the toughest reckless driving penalties in the country, and Virginia judges certainly do issue jail sentences for offenses that would probably just be traffic citations in other states.

But that doesn't mean some driving isn't truly reckless, and may well warrant criminal charges and penalties, as one New Jersey man recently found out.

According to Delmarvanow.com he was sentenced to 10 days in jail for driving 11o mph on the Chesapeake Bay Bridge-Tunnel at 2am, with his wife and small child in the car.

The 17 mile long Chesapeake Bay bridge and tunnel is very narrow, and crosses a large opening of the Chesapeake Bay, between Maryland and Virginia. It can be frightening to drive on at posted speed limits, especially when it is windy.

Doing a buck ten on this narrow bridge, at 2am, sounds terrifying, and extremely dangerous. I think it is reasonable to assume that criminal penalties, and even jail time could be the result, even under New Jersey reckless driving laws, which are nowhere near as strict as Virginia.

I think most people who've driven on this bridge before would have to agree that driving that fast there sounds crazy.

Reckless Driving for Rolling Through a Right on Red

A new proposed bill could add another marginal traffic violation to Virginia's reckless driving laws, already the toughest in the nation. According to The Newspaper, HB1993 would criminalize not coming to a complete stop before taking a right turn at at red light.

Virginia drivers already face a Class 1 misdemeanor reckless driving offense for driving 80mph, which is in some cases only 10mph over the posted speed limit.

Criminalizing a rolling stop is another indignation to our besieged motorists.

The reckless driving laws already more than cover this situation if it result in an actual accident, or near miss, and creates a serious danger or risk of injury.

But presenting someone with a criminal citation for drifting through a red light making a right turn, if no one is around is an extreme overreaction.

If enacted, this offense could result in fines of $2500, a six month license suspension, 6 points on your driver's license, and even jail time. And there are absolutely judges in Virginia courts who will hand out jail time for reckless convictions.

More on reckless driving.

Proposed Texting, Gun, and Other Virginia Legislation

Some new bills have been introduced to Virginia lawmakers this week ranging from texting to carrying guns while drinking. At least one is expected to die in House subcommittee though the outlook is brighter for another. Here’s a quick rundown of what we can expect from the proposed laws:

SB1395 is a bill to prohibit carrying a firearm while drinking. This legislation arose out of the law that allowed people with a concealed gun permit to carry their weapons into bars and restaurants. While that law mandated those concealed weapons-carriers didn’t drink, this proposed legislation would apply to everyone else.

Carrying a weapon while drinking would be a misdemeanor if this law were to pass. It passed through the Senate Committee and now heads to the floor. However, this one is expected to die in a Republican controlled House subcommittee.

SB1047 and SB1042 may have a better chance of making it into the law books. These proposed bills make cell phone use by teens on a provisional license a primary offense. Likewise, texting while driving would become a primary offense.

By making these violations primary offenses, an officer wouldn’t have to pull someone over for another violation before ticketing them for these. In other words, if the officer believed you were texting while driving, you could be pulled and ticketed.

Additional proposed legislation would affect the reporting of fatalities in event of a fatal police pursuit and emergency vehicles usage of sirens and lights when approaching lighted intersections.

All of these bills are now headed to the Senate floor and we should know within in the coming weeks if they will move on to House committees.

You can imagine if these four laws are proposed in a relatively short amount of time, how many pass lawmakers’ desks in an entire session and how many changes are made to Virginia criminal charges. For this reason, among others, understanding the criminal courts and the violations heard within their walls is an ever-changing and sometimes confusing topic.

If you are facing criminal charges, you can’t possibly be expected to understand all the ins and outs of the criminal justice system—that’s what your defense attorney is for. Contact our offices today if you are up against criminal charges in the Virginia courts and in need of a free consultation on your case.

Reckless Driving on a Bicycle Law?

Apparently, Virginia State Senator Creigh Deeds is introducing a bill to make reckless driving on a bicycle a separate law.

It is certainly true that you can "drive" recklessly on a bike. There was a horrible hit and run on a bike case in DC that I think it still unsolved. A rider stuck and killed an elderly pedestrian.

But the question is, why does this need a separate statute? As via Blacknell points out, reckless on a bike appears to be already covered within the existing reckless driving statute.

Kind of a mystery.

--

Update: Via ridesolutions quoting Senator Deeds' legislative aide, the reasoning appears to be that :

"...a separate section of the code with a lesser fine would be more appropriate."

Makes more sense now.

Virginia DUI on a Golf Cart

A 22 year old man was arrested in Arlington, VA and charged with a DUI on a stolen golf cart.

The story is reported very briefly in the Washington Post crime scene section. It's hard to say which element of the story is the most odd, there is a lot of strangeness packed into this small report.

A DUI on a golf cart may be the least odd element. After all, a golf cart is considered a motor vehicle under Virginia law, therefore driving any motor vehicle under the influence of alcohol could be considered a DUI.

He stole the golf cart from a mall, and apparently drove away from it, on a normal street. That is something you don't hear every day, either. The theft means he is also charged with grand larceny, as the golf cart is certainly valued at well over $200, and qualifies under Virginia larceny laws.

The last bizarre charge is that is was also charged with driving on a suspended license. It wouldn't occur to most people that you actually need to have a driver's license to operate a golf card, but perhaps if you drive it on a public road, you do.

We look forward to reading more about the outcome of this tale.

Drug Charges for Mom When Son Mailed Marijuana to House

What happens when a son has six pounds of marijuana mailed to his mom's house where he lives? It can mean that mom gets charged with felony drug trafficking/intent to distribute, which is exactly what happened to one Virginia Beach family.

The son admitted to the crime and has pleaded guilty to possession of marijuana with intent to distribute, and said that his mom was not involved.

However, she remains convicted of drug charges as an accessory after the fact, which presumes that she knew what had happened. She is still currently suspended from her teaching job while fighting the charges on appeal.

via hampton roads via washington post.

Will “Spice” Be Banned In Virginia?

“Spice” is the latest legal way to get high for many students and young adults. It’s created using chemicals on a legal plant and then smoked for its intoxicating effects, and is considered something akin to a "synthetic marijuana".

According the Virginia State Crime Commission, the substance is banned in at least three other states and Virginia may be next. There is no word on whether the name itself is derived from the novel Dune.

The problem with “spice” is in the health risks, according to supporters of criminalizing the substance. The American Association of Poison Control Centers states that in this year alone, they have received about 1,800 calls about the substance—70 of those coming from Virginia.

Nausea and seizures are among the potential side effects, though it doesn’t seem that anyone has had a fatal reaction. While I’m not suggesting we wait for someone to die before it’s criminalized, I am simply pointing out that there are far more dangerous legal substances currently on the market with no bans in place.

The substance is marketed as incense and usually involves spraying a number of chemicals on dried leaves like catnip. Makers of K2 and other forms of spice state it is not meant to be smoked and they cannot control what their consumers choose to do with it.

The high this substance provides is said to be similar to a marijuana high and this is why it’s commonly called a “synthetic marijuana”. It can be purchased at tobacco shops and other unique gift stores and “head shops”.

State legislators in Virginia are discussing banning the substance and there’s a good chance it will happen. Six bills have been introduced which would make spice illegal, criminalizing the chemical ingredients responsible for the resulting high rather than criminalizing the brand name or finished product.

There’s no indication how the substance would be classified or what the penalties would be for being found in possession of such a substance. If banned, the new possession laws would likely take effect later in 2011.

Critics are more concerned with adding another substance to the list of drugs already outlawed. While smoking spice might not be a smart idea, criminalizing it shouldn’t be the first line of defense. In a system that is losing the “War on Drugs” and incarcerating more people each day for nonviolent crimes, adding to the counterproductive laws doesn’t seem like a smart solution.

There’s a good chance spice will be banned here and throughout the country as the “tough on crime” approach still has the country in a headlock. We’ll just have to wait and see how the situation plays out in the legislature this upcoming session.

If you are charged with any sort of possession or distributing drug charge in Virginia, I can help. Contact our offices today for a free consultation on your case.

Virginia DUI Arrests Up over Thanksgiving Weekend

Hampton Roads.com reports that DUI arrests over this past holiday weekend were up over previous years, while the number of highways deaths was down.

At least one of the 9 deaths on the highways was thought to be alcohol related. Totals statewide by Virginia State Troopers are listed as 175 DUI arrests, 2,780 reckless driving citations, and 10,116 speeding tickets.

In 2009, there were 16 deaths and 123 DUI charges over the same period.

What these numbers mean is always open to interpretation. The police will always say that every statistic indicates that they need more patrols, and that there are still too many drunk drivers on the road.

More arrests of dangerous impaired drivers that take people off the road is a good thing, but arrest numbers are generally proportional to the amount of effort and police officers on the streets, and rarely suggests that more officers actually reduced the number of people who may drive while impaired.

But prevention is a difficult thing, and isn't accomplished by police presence alone.

Reckless Driving By Passing a School Bus Loophole

One clever defendant and his attorney found a crazy loophole to beat a specific type of Virginia reckless driving charge.

You can be arrested and charged with misdemeanor criminal reckless driving for all kinds of behavior, from speeding over 80mph or 20mph over the posted speed limit to other types of dangerous or reckless driving, not moving over a lane when emergency vehicles are parked on the road, and countless other actions behind the wheel.

According to the Washington Post, this particular legal strategy hinges around some strange wording around the statute for reckless driving for passing a stopped school bus.

The exact wording in the Virginia Statue is:

"A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children."

This wording of the reckless driving law was changed in 1970 for some reason, and it removed the word "at".

So the case was won by arguing that he did not "fail to stop the school bus" which was already stopped.

The judge didn't agree with the prosecution's argument that the intention of the law was clear.

No doubt this law will be corrected and clarified by the Virginia legislature as soon as possible.

Frankly, I'm surprised this has been in the law for 40 years, and this is the first time someone has challenged the legal wording.

Increased Patrols on Virginia Highways Through Holiday Weekend

Virginia State police have announced increased police patrols and presence on the highways from now until the end of the holiday weekend.

In a multi-state effort as part of the Combined Accident Reduction Effort (CARE), the VSP will have extra officers looking for impaired and drunk diving, distracted driving, reckless driving, speeding, and seatbelt violations.

Extra police efforts on the roads are commonplace during holiday weekends, and are often funded by federal highway programs.

As alway, be careful on Virginia roads, and obey all traffic laws during this busy travel time.