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Criminal Defense Archives

Virginia Supreme Court: DUI arrests may be expunged in some cases

Being arrested for driving under the influence in Virginia can result in very serious consequences, especially for drivers convicted of a DUI. Drivers charged with a DUI often worry about the impact it will have on their future, including employment opportunities or being able to get a professional license.

Although underage drinking is common, penalties can be harsh

Here in Virginia, and throughout the U.S., binge drinking has come to be commonly associated with the college lifestyle. For many, it is a sort of rite of passage to drink alcohol before reaching the legal age of 21. Although Virginia uses a driver's license design that is meant to be nearly impossible to counterfeit, it is not rare for minors to find a way to drink alcohol in the state. Some minors drink at parties, where they do not need to show identification, and others purchase fraudulent IDs online or on campus.

Defending DWI Cases: Are Men & Women Equal When It Comes to Alcohol?

In attacking driving while intoxicated prosecutions, it is critical to understand the process by which alcohol is absorbed and metabolized to assess whether a breath alcohol concentration alleged by the state is accurate. The issues typically break down into two categories. One is the process by which alcohol is processed by the body. A second set of issues relates to the analysis of the breath or blood sample. This article only focuses on how differences in sex can affect a person's blood alcohol concentration.

In the Future, DNA Samples May Be Required For All Crimes

The justice system has many tools to convict criminals, but only one has seen great advances over the past decade and identifies criminals with "incredible accuracy," according to The United States Department of Justice. Although the use of DNA samples is clearly a valuable tool, particularly in exonerating the falsely accused, using it for minor criminal infractions presents questions of privacy violations.

Court: GPS Tracking Is a "Search" Under the 4th Amendment

Contained in the Bill of Rights is the 4th Amendment to the Constitution. This amendment protects people from "unreasonable searches and seizures" by the government. Essentially, this means that before a law enforcement or other governmental agency is able to "spy" on you, they have to go before a judge to obtain a warrant by providing good reasons for why they should be able to do so.

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