Archive for the ‘DUI’ Category

Should I take a Polygraph?

Wednesday, October 2nd, 2013

Sometimes, I have clients come in who are adamant that they are not guilty and they will state ” I’ll take a polygraph that will prove I’m innocent! ”

A polygraph is a nice name for a lie detector test, and most people think they can ‘beat the test’ even if they are guilty. And sometimes, they really aren’t guilty of this particular accusation so they think they’re safe in taking the test.

The problem is that a polygraph has been proved to be ‘inherently unreliable’ and cannot be used in court.  It doesn’t really prove anything.

That part is fine.  What isn’t fine is that any statements you make during the interviews before or after taking the polygraph CAN be admitted into court.

Most of the time, the person taking the polygraph isn’t in custody, they came into the office to take the polygraph on their own and they are free to leave at any time, so the authorities don’t really need to issue any Miranda warnings, and they can ‘chat’ about anything.

Also, people use lie detector tests in cases other than criminal.  For example, sometimes people will be accused of adultery in a divorce case and they will agree to a polygraph to ‘prove’ they didn’t have an affair with someone.

My advice?  If you are ever in a position where you think you might want to take a polygraph to prove you’re innocent, just say no…..or at least contact an attorney and have the attorney with you when you go to take the test.  The attorney may be able to stop you from answering an ‘innocent’ question that might end up getting you into real trouble.

If you have questions about this or any other legal topic, please feel free to contact us at 757-234-4650 or visit our website at www.BeaversLaw.com.

Can I be found guilty of DUI when the car is not turned ‘on’?

Tuesday, March 6th, 2012

In Virginia, the code section that is used for a DUI charge is section 18.2-266 which begins with ‘It shall be unlawful for any person to drive or operate any motor vehicle…’

There are the obvious cases where the car is in motion and the driver has been stopped by a law enforcement officer. But what about the times when the car is not moving?

For example, there have been previous cases where the engine was running but the transmission was in ‘Park’, where the key was in the ‘on’ position but the engine was not running, or where the key was in the ‘accessory’ position and the radio was playing, etc.

Many times, a person is charged with DUI when he/she is found asleep in the car, sitting in the driver’s seat, with the key in the ignition, sometimes with the engine turned off and the question has been whether or not they were considered to be ‘operating’ the vehicle.

On March 2, 2012, The Virginia Supreme Court issued an opinion in the case of Jean Paul Enriquez v. Commonwealth of Virginia that has established the rule that ‘when an intoxicated person is seated behind the steering wheel of a motor vehicle on a public highway and the key is in the ignition switch, he is in actual physical control of the vehicle and, therefore, is guilty of operating the vehicle while under the influence of alcohol within the meaning of code section 18.2-266.’

Obviously, the best solution is to not drive if you have been drinking at all.

It is safer for everyone if you get a cab home and come back tomorrow to get your car.

But, if you feel that you need to stay with your car, don’t sit in the driver’s seat and don’t put the key in the ignition or you might be found guilty of a DUI, even if the car is not in motion.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

What is VASAP?

Monday, August 22nd, 2011

VASAP is the Virginia Alcohol Safety Action Program.

VASAP helps police officers by assisting them to obtain state of the art alcohol identification equipment and by training the officers on the use of this equipment.

VASAP is most widely known to be the organization that provides programs and activities to educate the public on the dangers and costs of drinking and driving.

I know that I was confused about whether the name was ‘VASAP’ or just ‘ASAP’.  The ASAP programs are the local programs that are attended by the public and there are 24 local ASAP programs in Virginia.  The VASAP is the umbrella organization that oversees and evaluates the actions of the local ASAPs.  Most of the time, you can use either name to indicate the program.

It has been reported that 86% of all crimes can be somehow related to alcohol or other drugs, and there is a consensus that if we can limit the unreasonable use of alcohol or drugs, we can limit the number of crimes committed.  While there are many crimes that do not involve driving, most people today drive, and if the driver is habitually abusing either alcohol or drugs, it is very likely that he or she will eventually be given a ticket for some driving activity that can be attributed to the alcohol or drug misuse and that is one path that the state can take to get the driver into the VASAP program with the goal to eliminate, or at least minimize, the illegal use of alcohol or drugs in the future.

While most of us think of the VASAP programs as being for drivers that were found guilty of a DUI, VASAP also has programs for drug offenders and reckless drivers where the use of alcohol or drugs is not directly involved.  There is also a program for those that have been found guilty of driving on a suspended license.

The VASAP programs are funded by the fees charged to those that are ordered to take these programs.  This means that the cost of a DUI or other drug or alcohol related crime is increased by the VASAP fee.  There are usually payment plans available, but if the VASAP fees are not paid, the person’s driver’s license will generally be suspended, which can cause future problems for the driver.

You can find out more about the VASAP program at their website here.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Don’t drink and drive….ANYTHING!

Tuesday, January 5th, 2010

This recent post by Andrew Flusche points out that you can get ticket for DUI if you are driving anything on the streets and you have been drinking.

Here in Hampton Roads, where there we have lots of water and lots of boats, we find a number of people each year that get arrested for DUI when drinking and then driving a boat or jet ski.

To expand on Andrew’s advice….if you are going to drink….don’t drive ANYTHING!