Articles Tagged with traffic offenses

Getting arrested for a DUI in Washington DC is a serious offense. Penalties for a conviction can include loss of license, higher insurance, fines, and jail time. However, getting arrested is not the same as getting convicted. If you are arrested for a crime, the law presumes you are innocent until proven guilty. However, if you plead guilty and get sentenced or go to trial and are found guilty by a judge or jury, you are no longer innocent. You have been convicted.

Just getting arrested for a DUI can lead to a suspended license and other consequences. However, if your case gets dismissed or you go to trial and are found “not guilty” you will not have a conviction on your record. Because its important to try and avoid a conviction, the following is list of 20 ways to challenge a DC DUI. Keep in mind this is not an exhaustive list, all cases are different, and there are no guarantees any of these strategies will work for your specific case. The point of this article is to demonstrate that there are many options for challenging a DC DUI arrest.

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nigth-at-hyper-1455387On January 25, 2016, Trump signed two draconian executive orders targeting documented and undocumented immigrants in the United States. There has been much attention regarding the executive orders barring refugees and any citizens’ entry of seven predominately Muslim countries. However, the impact on the criminal justice system regarding immigrants currently in the United States has received far less attention.

The Supreme Court case Padilla v. Kentucky placed an affirmative obligation on criminal defense attorneys to advise immigrant clients about potential immigration consequences for entering into guilty pleas. That seminal case created significant overlap between criminal defense and immigration law. Trump’s recent Executive Orders and their likely impact on the criminal justice system further blur the line between criminal defense and immigration law.

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In recent news, Public Enemy hype man Flavor Flav was arrested for driving under the influence in Las Vegas. This arrest follows a string of other charges plaguing the Rock & Roll Hall-of-Famer including charges for marijuana-related DUI, speeding, open container, operating a vehicle without a valid permit, and battery. Considering the length of the rap legend’s rap sheet, you can imagine how quickly Flavor Flav said “Yeahhh Boiii” when the judge in the most recent case accepted his plea of no contest.  In some states, when you are arrested for a crime, you have the option of pleading three different ways to the charges: not guilty, guilty, or no contest. Generally, the government will offer you some type of deal in order for you to plead guilty or no contest because it gives the government a chance to close your case quickly and secure an easy conviction.  Flava Flav’s case illustrates an important point about handling a DUI or DWI in DC.

In many cases, it is common for the government to offer some sort of lighter sentence in return for a defendant’s guilty plea. In other cases, a defendant may plead no contest (or nolo contendere) and the government will not oppose this plea because the defendant will be punished the same way as if he or she pled guilty. A no contest plea is preferable for some defendants because it allows the defendant to avoid admitting guilt for the crime and the negative effects that a guilty plea may have otherwise had in the future. A nolo contendere plea is basically the Defendant saying: “I may or may not be guilty but I don’t want to take the time and effort to challenge the prosecution.”

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black police cuffsThe District of Columbia Superior Court is unlike many jurisdictions in that it does not have a bail bond system. In fact, there is not a single bail bonds person or business in the entire District. The City Council outlawed bail bonds years ago. So, the question is how is bond determined in a DC criminal case. DC Superior Court has a condition based system that starts with the general principle that most people should be released on their personal promise to appear in court.

That means in most misdemeanor cases, including DUIs, the person arrested will be released and required to sign notice to return for their next court date and appear with their attorney. The notice informs the person that if they fail to appear at the next court date, they could be charged with a separate crime (called a Bail Reform Act violation) that carries a maximum penalty of 180 days and/or a $1,000.00 fine. Often times, however, the judge will also impose court ordered conditions as part of the person’s release. Sometimes these conditions make sense. For example, when a repeat drug offender gets ordered to participate in a drug treatment program. However, many times the conditions imposed can be invasive, burdensome, and even paternalistic.

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As is the case with most legal inquiries, the answer to the above question is “it depends.”

Whether or not you should appeal your DC DUI conviction depends on what you are looking to get out of the situation. If you are only trying to avoid the trial court’s sentence, maybe an appeal isn’t for you. On the other hand, if you would like to have your conviction overturned and your conviction removed from your record, maybe an appeal is for you. Obviously, all three results are preferable. However, avoiding your sentence is impossible due to time it takes for the parties to brief the appellate issues and the time it takes the DC Court of Appeals to issue a decision.

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1252046_beer_glassThe Metropolitan Police Department (“MPD”) has video cameras all over their police stations. That means if a person is arrested for a suspected DUI or DWI within the District of Columbia, the person will be video-monitored throughout the arrest and booking process. MPD has multiple stationhouse cameras set up for many reasons including the need of such video for evidentiary purposes in a court. MPD also has a pilot body camera program where selected officers wear body cameras. All video evidence is important in any DC DUI case.

To be convicted of a DUI in DC, the government must prove that a suspected individual was (1) under the influence of alcohol or drugs while (2) operating a motor vehicle. Usually, the government will present evidence such as breathalyzer or other chemical test results and testimony from the arresting MPD officer about behaviors allegedly consistent with intoxication such as motor skills, speech, and ability to follow directions.

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engine-start-button-1445913-mThe penalty for second offenses in the District of Columbia for DUI’s and DWI’s include a mandatory minimum jail term of ten days. It’s the only misdemeanor crime in the District of Columbia that carries mandatory minimum jail time. To give you a sense of how serious DC treats DUI second offenses: you could be convicted of assaulting a police officer and destroying property while possessing illegal drugs and the judge could still give you straight probation. On the other hand, you could have a DUI conviction from 14 years ago and get convicted for another DUI where you got pulled over for failing to use a turn signal and blew a .09. In the latter scenario, the judge must sentence you to at least 10 days in jail. The judge will also likely sentence you to a period of supervised probation for one year or more.

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Breathalyzer

Breathalyzer

In August of 2012, the District of Columbia City Council, with little public comment, amended DC’s DUI/DWI law. Among the many changes included doubling mandatory minimum jail sentences for repeat offenders and cases with high chemical scores. Another change included doubling the maximum penalty for first offenders from 90 days to 180 days. The law also added additional situations in which mandatory minimum jail applied and lowered the blood alcohol score from .08 to.04 for individuals who possess a commercial driver’s license. Buried in the law included provisions that made DC’s hit and run law much broader. Many of the changes brought DC’s DUI law closer to the trend among most states who have created harsher penalties.

However, many of the changes were either arbitrary or say more about local institutional politics than public policy. One major arbitrary and ridiculous change to the law is a provision that bars individuals facing mandatory minimum jail time from serving that time on the weekends. Under the old law, judges routinely when forced to sentence individuals to mandatory jail time allowed them to serve that time on the weekends.

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DC DMV Hearing

DC DMV Hearing

As previously blogged about, one of the collateral consequences of an arrest and/or conviction for a DC DUI can be the revocation or suspension of your DC driver’s license. Police officers who make an arrest for DUI or DWI are supposed to provide the arrestee with a Notice of Proposed Revocation. The Notice instructs the arrestee to request a hearing with the DC DMV. For out of state license holders, you have 15 days to request a hearing. For DC license holders, you only have 10 days to request a hearing. If you do not request a hearing, DMV will revoke your driver’s license (for a DC license holder) or driving privileges in DC (for an out of state license holder) automatically. Accordingly, its extremely important that you request a hearing after being arrested for DUI.

The hearing will be conducted by a DMV Hearing Examiner who in some ways is similar to a judge. There are three possible outcomes of a DMV Hearing. First, the Hearing Examiner may revoke your license for a period of six months or one year. Second, the Hearing Examiner may dismiss the hearing. In that case, your license remains valid and driving privileges remain intact. However, if you are ultimately convicted in the criminal case, then your license would eventually be suspended. Finally, the Hearing Examiner could “take no action,” which means license and driving privileges remain intact until the criminal case is resolved one way or the other.

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Virginia-trafficAs a traffic lawyer in Northern Virginia, I find that the most common question I get from clients charged with reckless driving, dui, and other traffic offenses is: will I get points for that? Of course, they should probably be more concerned with whether they will get jail time, (especially in Arlington County), but everyone seems to worry equally about getting points on their license. And this is a legitimate concern. Excessive points on a Virginia driver’s license can lead to dramatically increased insurance costs and even license suspension. No one wants to give their car insurance company more of their hard-earned cash, and most people don’t want to start taking the bus to work. (Although it’s great for the environment!) So for good reason, Virginia traffic defendants want to know whether they’re going to get points, how many, and what can I do to avoid them.

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