Blogs from June, 2017

Virginia state officials are cracking down on intoxicated boaters by lawfully allowing officers to treat boat drivers just as they would treat drunk drivers on land. This means law enforcement can make an arrest for boating under the influence without a warrant, so long as there is probable cause.

Before you get out on the water, make sure you know the risks of driving a motorized watercraft while intoxicated so you can better protect your future.

Virginia State Laws

In the state of Virginia, it is illegal to operate any boat while intoxicated due to either alcohol consumption or drug use. Intoxication is defined by a person’s blood-alcohol concentration (BAC). If a driver’s BAC is at or above 0.08%, the driver is considered under the influence to a degree that impairs his or her ability to safely operate a boat. For boat drivers under the age of 21, the legal drinking age, any level of alcohol discovered in their system is considered unsafe and unlawful. If a person is found guilty of driving any boat, including sailboats and personalized watercrafts, (such as jet skis or sailboards), he or she will receive a BUI, boating under the influence.

Having probable cause means an officer must see the driver exhibit behavior that shows the officer the driver is intoxicated. The officer could also see the driver taking a drink of alcohol or similar evidence that demonstrations the driver was drinking.

Repercussions for Boating Under the Influence

Boating under the influence, also called BUI, is a serious offense and can lead to serious repercussions, especially if you are under the legal drinking age, have multiple offenses, or had an especially high blood alcohol concentration. For a first offense, the driver will face a minimum class 1 misdemeanor charge and may also lose boating privileges for 1 year. For driver’s facing second or subsequent convictions, boating privileges may be revoked for up to 3 years. Those facing BUI charges may also receive fines of up to $2,500, imprisonment for up to 12 months, and required attendance at an Alcohol Safety Action Program. Additionally, all BUI offenders are required to complete a state-approved boating safety course.

Additional Penalties

Certain circumstances may lead certain BUI charges to come down much more strongly than others. If the intoxication of the boat driver leads to “serious bodily injury” of another person, it could be considered a class 6 felony. Such a charge could lead to up to 5 years in prison or 1 year in jail, and possibly $2,500 in fines. The boat driver’s operator privileges will be suspended for a minimum 2 years, and the court may require the completion of a substance abuse treatment.

In the event that a person is killed in a BUI accident, the boat driver could be convicted of involuntary or aggravated-involuntary manslaughter, which are class 5 felonies. If convicted of involuntary manslaughter, the driver may face up to 10 years in prison and $2,500 in fines. A person convicted of aggravated-involuntary manslaughter could result in up to 20 years in prison. Both convictions would result in the loss of boating privileges for at least 5 years, and may also require the completion of a substance abuse treatment.

If you are facing BUI charges, don’t wait to take action. It is our mission to reduce your penalties and ensure your individual rights are protected. For the best possible outcome following your BUI arrest, contact a criminal defense attorney at The Law Offices of Daniel J Miller to discuss your case and begin building your defense.

Contact The Law Offices of Daniel J Miller for a free consultation.

Violating Virginia state laws can have plenty of legal consequences, but in light of some of the more serious penalties, some defendants fail to realize they may lose their driving privileges. Depending on the crime in question, a person facing criminal charges could have their license suspended or revoked. Find out what could be at stake if you are facing criminal charges and discover the best ways to handle driving penalties.

Driver’s License Suspension

A suspension is a temporary revocation of driving privileges. There will be a designated suspension period, depending on the severity of the crime committed, and at the end of the suspension, you may pay the required fees to reinstate your license. In order to reinstate your license, you must show proof of U.S. citizenship or proof of legal authorization to reside in the U.S..

Driver’s License Revocation

If your driver’s license is revoked, it means you have lost the legal right to drive on a more permanent basis. You may re-apply for a driver’s license after the revocation period has ended. Obtaining a new driver’s license will likely include a road skills test, a driver’s knowledge exam, and a vision screening, as well as payment for any fees.

You may face license suspension or revocation for any number of driving offenses in Virginia, including:

• Drug or alcohol DUI
• Driving with a revoked or suspended license, especially for a DUI charge
• Driving a vehicle without a court-ordered ignition interlock device when required
• Falsifying a statement to the Department of Motor Vehicles (DMV)
• Failing to stop and respond at the scene of an accident where someone was hurt or killed
• Committing vehicular manslaughter, whether voluntarily or involuntarily
• Committing a felony involving a motor vehicle
• Taking a driver’s license exam or renewing a license for another person
• Eluding police
• Committing a drug offense, whether or not a vehicle was involved

Driving privileges could also be affected by your driving behaviors. The court may revoke or suspend your license if you drive recklessly, drive without a valid license, drive under a suspended or revoked license, or refuse to take a blood or breath test when charged with DUI. You could also find your license suspended if you fail to pay for gas. Also, if you fail to pay court fines within 30 days of your traffic or criminal conviction, the court will suspend your license.

Your Next Move

The best thing you can do when facing the loss of your driving privileges is to follow the rules set by the court or the DMV and to contact your attorney. Failing to follow the rules of the court or Virginia’s DMV could result in stiffer punishments and lengthier suspensions. Do as instructed, and contact our offices immediately to speak with our lawyers and discuss your legal options. Our legal team will work diligently to defend your rights and protect your driver’s license.

If you are facing license revocation or suspension because of a criminal or traffic charge, we are here to help. We will use our ample resources to investigate the circumstance of your case to better build a solid defense. At The Law Offices of Daniel J. Miller, we are dedicated to providing aggressive, knowledgeable legal advice in Virginia Beach, VA that you can count on. Discuss your options with our legal team and figure out your next step towards securing your future.

Contact The Law Offices of Daniel J Miller for a free consultation.

According to the Code of Virginia, rape is defined as a sexual act done against a person’s will, by force, threat, intimidation, or by way of the victim’s “physical helplessness or mental incapacity.” What makes date rape different from other types of rape is the relationship between the victim and attacker. A rape becomes date rape if the two parties know one another, either as partners, friends, or newly introduced acquaintances. If someone accuses you of committing date rape, the consequences can be extremely severe, even life-altering. To protect yourself from wrongful conviction, learn everything you can about date rape charges, how they’re proven in court, and how best to defend your sex crime case.

Defining Date Rape

Contrary to popular belief, the act need not be violent to be considered sexual assault. If the victim in any way declines the sexual advancements, saying “no,” it is lawfully considered forced sex. Laws against rape forbid any type of sexual intercourse with a mentally or physically “helpless” person, including the disabled, drugged, or unconscious, who are unable to give consent. In many cases, date rape involves the use of disabling drugs, rendering the victim either unconscious or extremely impaired.

Date rape refers to sexual assault committed by someone with a romantic or sexual interest in the victim, as opposed to rape by a stranger. Statistically, at least half of all rapes are committed by a person the victim knew. Some surveys even say the number is more accurate around 80 percent. Traditionally, the term date rape applied to situations where the forced act of sex occurred when the victim and attacker were on a date or at a party. It could be between acquaintances, friends, a couple, or even spouses.

Proving Rape

The biggest question with date rape is consent. Because the alleged attack usually occurs between two people who know one another, whether or not mutual consent was attained is usually only discernable between those two individuals. For individuals facing charges of date rape, one of the best lines of defense is prove the alleged victim gave his or her consent. There have been cases of legitimate misunderstandings, where consent was seemingly communicated, but the other party misunderstood. However, with date rape, if drugs or copious amounts of alcohol were involved, the victim’s consent could be difficult to communicate, making the issue much more complex.

The Drugs Involved

The most common “date rape drug” is rophynol, typically called “roofies.” Other known date rape drugs are GHB and ketamine, which were more popularly used around the 1980’s and 1990’s. Sometimes these drugs caused weakness, confusion, short-term memory loss, or symptoms very similar to drunkenness. If combined with alcohol, the use of any of these drugs could be extremely dangerous, even deadly.

Penalties of Date Rape Conviction

Virginia state laws do not make specific rules for date rape, but consider date rape charge under the existing rape laws. This means a person convicted of date rape could face multiple years in prison, will be listed as a sex offender, and may have to pay steep fines. In some situations, especially where the rape was aggravated or there were multiple rapes, the person could be sentenced to decades behind bars.

Contact The Law Offices of Daniel J Miller for a free consultation regarding your criminal defense case.

Whenever you are pulled over by an officer under suspicion of DUI, it is important to remember that everything the officer asks you is with the singular purpose of building a case against you. Everything you say or do not say can be used as evidence, so it is crucial that you be prepared to protect yourself in the event of a possible DUI arrest. While you want to exercise your rights and protect yourself against wrongful conviction, it’s also important to abide by state laws and avoid serious repercussions.

Not only is it illegal to drive under the influence of drugs or alcohol, but in the state of Virginia the implied consent laws also make it unlawful to refuse a breath or blood test. Find out precisely what can be used against you in a DUI case and how you should respond when asked to take a blood or breath test in Virginia if you wish to protect yourself during a stop.

Keeping Silent

Speaking freely to an officer at a possible DUI stop could severely hurt your case. Even if you are not intoxicated, nervous or babbling speech can look incriminating and may give the officer evidence to use against you in court. Instead, stay as quiet as possible. The officer will ask questions about where you’ve been, where you are going, or what is in your back seat, among other questions. Remember, their primary goal is to get you talking and to catch you in a condemning situation. They may ask if you’ve been drinking, and how much you have had to drink, and although remaining silent may look suspicions, it could be far less condemning than providing an unfavorable answer, or slurring your speech in reply.

What you lawfully must do in a DUI stop is show the officer your driver’s license and registration. If you are given a direct order from the officer, it would be in your best interest to do as told in silence.

Refusing a Test in Virginia

As previously mentioned, Virginia abides by implied consent laws under Virginia Code Section 18.2-268.2. When a person accepts a driver’s license, he or she agrees to take a breath or blood test if arrested for driving under the influence of drugs or alcohol. Blood or breath samples must be taken no more than 3 hours after the initial arrest, and the officer must inform the driver of the implied consent law detailing the legal consequences of refusal.

The penalties for refusing to take a test in Virginia vary depending on the number of offenses. For an initial civil offense the driver could face a driver’s license suspension for up to 1 year. Any subsequent offenses, or a refusal with a DUI conviction, could result in misdemeanor charges and license suspension for up to 3 years.

It is important to note that officers in Virginia will sometimes ask to take a preliminary breath test before the driver is arrested. This test is used like a field sobriety tests, to help the officer determine whether or not probable cause for a DUI arrest exists. A driver is perfectly within his or her rights to refuse this test, and evidence of refusal cannot be used in court. However, if the arresting officer already has evidence to be used against you for driving under the influence of drugs or alcohol, performing a preliminary breath test will not make much of a difference.

If you were arrested for DUI in Virginia, contact The Law Offices of Daniel J Miller to begin building your defense.