Fairfax County Legal Blog

3 tips for passing a field sobriety test

On behalf of Zachary Duebler of Whitestone Young, PC on Saturday, September 22, 2018.

Field sobriety tests are one of the most common measurements law enforcement use to assess a person's level of intoxication. Despite multiple studies that have called the accuracy and ethical implications of these tests into question, officers still often default to the one-leg stand, horizontal nystagmus and walk-and-turn tests to gauge inebriation. Luckily, there are a few tips you can adopt that can help you pass an FST.

According to the Virginia Department of Motor Vehicles, there are over 7,000 car accidents involving alcohol in the state each year. It is understandable that law enforcement would seek to minimize these numbers, but sometimes innocent drivers are wrongly accused because of reliance on FSTs.

Three myths about field sobriety tests

On behalf of Zachary Duebler of Whitestone Young, PC on Sunday, August 26, 2018.

Field sobriety tests have been a staple of DUI traffic stops for decades. If a law enforcement officer pulls over a person suspected of drinking and driving, it is likely he or she will be subjected to at least one of these tests. According to AAA, the three most common include the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus. All of these are intended to test a person's physical coordination to gauge inebriation.

There are many misconceptions and myths surrounding field sobriety tests, though. Many people are pulled over and act according to false information given by the officer or misinformation that they have heard previously. You should be aware of the following myths so that you do not fall prey to misinformation.

How are theft, robbery and burglary different?

On behalf of Zachary Duebler of Whitestone Young, PC on Wednesday, July 25, 2018.

If you are accused of stealing something in Virginia, you could face charges of theft, robbery or burglary depending on what you allegedly did and how you allegedly did it. All three of these are property crimes, but while similar, each is its own separate crime and requires its own separate evidence in order to convict you.

The evidence to convict you of theft, a/k/a larceny, must establish that you stole personal property from someone with the intent not only to steal it, but also to permanently deprive your victim of it.

Factors known to impact Breathalyzer accuracy

On behalf of Zachary Duebler of Whitestone Young, PC on Tuesday, June 26, 2018.

Seeing those blue lights come on in your review mirror can prove incredibly unnerving, and so, too, can undergoing a breath test after a law enforcement official stops you on suspicion of drunk driving. Conducted using devices known as Breathalyzers, breath tests give authorities an idea of your level of impairment behind the wheel. Depending on the results of your breath test and whether authorities formally charge you with drinking and driving, you may face harsh penalties, if convicted.

Because the repercussions of drinking and driving in Virginia can prove considerable, it is critical that the results produced by your breath test are completely accurate. Unfortunately, however, this is not always the case, as there are a number of outside factors that can affect Breathalyzer accuracy. These factors can include the following:

FAQs about criminal record expungement in Virginia

On behalf of Zachary Duebler of Whitestone Young, PC on Sunday, May 27, 2018.

A few months ago, law enforcement arrested you on criminal charges. You were innocent, though, and the judge acquitted you of all charges. You believed the whole experience was over and done, but now, an employer has run a background check and the hiring manager says there's a problem: You have a criminal record.

This is an unfortunate outcome of an arrest, but in Virginia, you may file a petition to have your record expunged.

4 mistakes to avoid with a slip-and-fall claim

On behalf of Zachary Duebler of Whitestone Young, PC posted in blog on Friday, April 27, 2018.

As a result of building owners' negligence, people slip and fall all the time. While most people end up feeling fine after an incident, the National Floor Safety Institute estimates that approximately 8,000,000 emergency room visits occur annually as a result of slip and falls.

One action to always take after a slip and fall is to consult with an attorney. However, you want to make sure you do not jeopardize your claim by failing to take specific actions in the aftermath of the accident.

What to do if a car hits you as a pedestrian

On behalf of Zachary Duebler of Whitestone Young, PC posted in blog on Thursday, March 22, 2018.

Drivers need to learn to share the road with pedestrians when they have the right-of-way. According to a report from NPR, the number of pedestrian fatalities in the United States increased by 11 percent between 2016 and 2017.

Hopefully, you will never find yourself in a situation where a vehicle strikes you as you cross the street. However, it is important to remain informed so you know how to react if this awful event happens to you.

Some techniques for dealing with un/underinsured drivers

On behalf of Zachary Duebler of Whitestone Young, PC posted in blog on Wednesday, February 21, 2018.

In Virginia, all someone has to do to drive uninsured is pay the $500 uninsured motorist fee. It usually lets motorists drive for one year uninsured, and they acknowledge they will be personally liable in the case of a car crash. Of course, some drivers skip this step altogether and drive uninsured without paying $500. On the other hand, there are underinsured drivers, those who carry the minimally required amounts of insurance. They are known as underinsured motorists because in many situations, these minimum amounts do not cover actual costs.

For example, say that Driver A hits you, is at fault and has an insurance policy that gives you $25,000 in compensation for bodily injury. However, it could be that your injuries total more than $25,000. They could even run into the hundreds of thousands. Such a driver would be called underinsured. Many experts recommend that drivers have at least $100,000 worth of bodily injury coverage. If you find yourself in a situation with an uninsured or underinsured driver, there may be a few things you can do.

Importance of following doctor orders after personal injury

On behalf of Zachary Duebler of Whitestone Young, PC posted in blog on Wednesday, January 24, 2018.

Following a personal injury of any kind, whether it is a car accident or slip and fall, you need to see a doctor immediately. An official doctor's report will help a lot as you begin working with your insurance agency to receive a payout.

The insurance company will look for any reason to deny coverage or at least limit it. When your doctor gives you instructions to see a specialist or take medication, you need to follow those orders precisely. Otherwise, you seriously jeopardize your personal injury case.

How to talk to parents about aging and driving

On behalf of Zachary Duebler of Whitestone Young, PC posted in blog on Wednesday, December 27, 2017.

As people get older, the less capable they become of safely driving on busy roadways. Decreased vision and reduced cognitive functions increase the likelihood of a senior citizen becoming involved in an accident. According to the Centers for Disease Control and Prevention, over 260,000 older adults had to visit the emergency room in 2015 as a result of an injury sustained while driving.

If you are the child of an elderly parent, then you do not want to wait until he or she is too impaired to safely drive. It is important to have a conversation with your parent, but you want to go about this process carefully. Make it clear you come from a place of love and concern and that the last thing you want is for your loved one to end up in a motor vehicle accident.