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The Virginia Habitual Drunkard Law is Unconstitutional, But You Were Just Interdicted
The City of Virginia Beach has far surpassed any other jurisdiction in creating these ‘habitual drunkards’. It seems the Tidewater area is trying to take the prize for greatest number of interdicted persons established through the “untouched”...
February 10, 2020 in Criminal Defense - State & Federal; DUI Defense;
ASAP Good Behavior Violations in Virginia
Perhaps you haven’t broken any criminal or traffic laws since your DUI or Reckless Driving conviction. But now, your front door is decorated with a summons from your local court for a “Good Behavior Violation- Failure to Comply with ASAP.” What...
October 19, 2018 in Criminal Defense - State & Federal; DUI Defense;
WRG Video Blog - Stephen P. Pfeiffer - DUI Attorney - Frequently Asked Questions
In his inaugural video blog Virginia Beach DUI attorney, Stephen P. Pfeiffer, Esq., discusses two questions he is often asked regarding DUI laws in Virginia.
June 27, 2018 in DUI Defense
Private Property DUI: Do I Have to Give A Breath or Blood Sample?
Stephen Pfeiffer of Wolcott Rivers Gates discusses when you are legally required to provide a blood or breath sample in the state of Virginia. In this article, Mr. Pfeiffer also shares ways to avoid accidentally providing incriminating evidence...
April 30, 2018 in Criminal Defense - State & Federal; DUI Defense;
The 'Driving While Revoked - DUI Related' Hat Trick of Charges: Are You a Victim?
Driving with a revoked license after a DUI conviction can quickly take a toll on your freedom. What’s worse is that police and prosecutors routinely charge individuals with THREE counts of ‘Driving While Revoked - DUI Related’ for a single act of...
March 02, 2018 in DUI Defense
Is Smell Still Sufficient for Probable Cause in Virginia?
As many criminal defense practitioners can attest, the typical fact pattern for a “routine” marijuana charge is your client being stopped by police for some minor traffic infraction and upon approaching the window of the car smells a distinct odor...
August 24, 2015 in Criminal Defense - State & Federal; DUI Defense;
Virginia DUI Journal: The Breath Test, Part II
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
August 06, 2015 in DUI Defense
Virginia DUI Journal: The BreathTest, Part I
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
June 02, 2015 in DUI Defense
3 Little Known Facts About Field Sobriety Tests In Virginia
Your Weight May Be A Defense One of the tests you perform in the SFSTs is the One-Leg Stand test. When the tests were conducted it was concluded that people who are overweight by 50 or more pounds had difficulty performing this test. If you are...
July 27, 2014 in Criminal Defense - State & Federal; DUI Defense;
YOU CAN REFUSE FIELD SOBRIETY TESTS
This article will focus on the popular misconception surrounding Standardized Field Sobriety Tests (“SFST”). In Virginia, there are laws that require a driver to provide their identification (Virginia Code 46.2-104) or to submit to a breath or...
May 02, 2014 in DUI Defense