A busy Virginia DUI attorney can tell you that the statistics surrounding subsequent DUI convictions for prior offenders are sobering. Nearly six out of ten people convicted of DUI have a prior conviction on their record, and a recent hit-and-run DUI case in Henrico County appears to bear this out.

Meta Darlene Hall, 48, will be tried in September on charges related to a May 19th incident during which she allegedly struck a construction worker in a work zone on I-95. Hall is said to have fled the scene and later stated that she believed she had struck a cone with her car.

Hall was present at a preliminary hearing at Henrico General District Court on June 21st, at which the construction worker, 27-year-old Brian Fitzgerald, described the effects the incident has had on his life. Fitzgerald said he was "in shock" and had "passed out" after Hall allegedly struck him with her vehicle, and that he suffered a wrist injury that may be permanent. The worker remains in a cast more than a month after the incident, and he told the court that he will soon undergo a second operation on his wrist. A second witness, Dwayne Sampson, reported being "stunned" when Hall reportedly left the scene after pausing momentarily when Fitzgerald was hit. Sampson stated in court that he then called 911 and followed Hall for approximately eight miles to ensure police were able to locate her.

After the preliminary hearing, Hall's Virginia DUI lawyer said that the defendant is "the face of alcoholism" and that she requires "treatment for this terrible disease." Hall's attorney also described her client's interrupted sobriety as she fell on hard times after battling alcoholism for a period, stating:

"She lost her job, a relationship she had ended, and that night her hopes to meet another man ended when he didn't show up for a meeting."

Judge Archer Yeatts III agreed to certify a felony hit-and-run charge to a grand jury, setting a tentative trial date for September 2nd. Deputy Henrico Commonwealth's Attorney Michael Huberman indicated that a maiming charge may also be sought due to Fitzgerald's injuries, and that alcohol-related charges are pending due to a delay in receiving test results. Court records indicate that Hall had been convicted for a third DUI in 2005, but managed to restore her license in April of 2010. Cases such as Hall's require a Virginia DUI lawyer to ensure the defendant's rights are protected and all information beneficial to the defendant is presented to the court.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorneys and Washington DC DUI Lawyers websites.

Police have arrested three people and are looking for a fourth after allegedly forcibly entering a home in Woodbridge. The incident began at 12:35 on June 21st, when a homeowner on Coachman Terrace alerted her husband to the presence of an unidentified person near their house. One of the homeowners opened the front door and an additional three men who were not initially visible to the couple entered the house by force, said Prince William police spokesman Jonathan Perok.

In addition to the man and his wife, the couple's two children were present in the home at the time of the incident. One of the four suspects reportedly struck the homeowner with a gun during the robbery, and the four men fled with an undisclosed sum of money.

A subsequent search of the surrounding area by Fairfax County and Prince William County Police netted three of the four suspects in the Woodbridge home invasion. Kenithy Manns, 19, and Ronald Graham, 20, both of Alexandria, were arrested; as was a 17-year-old Woodbridge minor who was not identified due to his age. Graham, Manns and the unidentified teenager were charged with abduction, burglary while armed and using a firearm during the commission of a felony. It is unclear whether counsel has been appointed for the suspects or if they have retained a Virginia criminal lawyer.

The fourth man involved in the incident is still being sought, and is described as being a black male between the ages of 19 and 24. Police did not disclose whether the homeowner suffered any injuries or was treated in a hospital. A Virginia criminal lawyer will examine the evidence and any mitigating factors in this case, including the relative young age of the unnamed suspect.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our DC Robbery Lawyer and Maryland Robbery Attorney websites.

A Fairfax County jury deliberated for just 47 minutes before acquitting a gym teacher from Centre Ridge Elementary School in Centreville on charges of aggravated sexual battery and abduction. Closing arguments made by the defendant's Virginia criminal lawyer about the effects of the case on the man's life caused jurors to become so distraught that the trial had to be briefly recessed.

Jurors were satisfied that the charges brought against on 43-year-old physical education teacher Sean Lanigan were of no merit, commenting to press:

"It was an easy decision," said juror Asmaa al-Ghafari. "I just hope Mr. Lanigan can get his life back."

"There was no evidence," juror Jacklyn West said. "There was no case."

Lanigan stood accused of molesting a 12-year-old girl in the school's gymnasium earlier this year. Charges against the defendant centered largely on the testimony of two sixth grade girls. The girls claimed that Lanigan had carried one of them into an equipment room, where he was said to have touched her inappropriately after placing her on a gym mat. The incident was alleged to have occurred on January 12th, and police learned of the allegations on January 15th. Fairfax detectives initially questioned Lanigan on January 20th, before arresting him on January 29th.

Lanigan, a teacher at Centre Ridge for 12 years and youth soccer coach for 20 years, testified that he often engaged in physical horseplay with students as he did with his own children but that he had not molested the child. Along with the defendant, five other people testified that there were no mats present in the equipment room where the molestation was alleged to have occurred. Lanigan's prime accuser also admitted in court to holding a "grudge" against the teacher for threatening to discipline her.

The girl claimed originally that the teacher touched her "breast and buttock" during the incident. To prevent against a conviction of aggravated sexual battery of someone younger than 13, Lanigan's Virginia criminal lawyer would have to argue that the defendant had no intent to "sexually molest, arouse or gratify any person, where the defendant intentionally touches the complaining witness's intimate parts or material clothing covering such intimate parts."

Sean Lanigan's case illustrates the havoc criminal charges can cause on an individual's life. Lanigan's Virginia criminal lawyer spoke during closing arguments of the difficulties endured by the defendant, who was identified publicly and suspended without pay. Fairfax County school officials were not able to say when or if the popular teacher would be restored to his job at Centre Ridge Elementary.

When a client in the state of Virginia is arrested and charged with driving while intoxicated (DWI) or driving under the influence (DUI), a Virginia DUI attorney must examine every aspect of their case to determine whether certain medical factors may have contributed to the incident, possibly mimicking intoxication. The Virginia DUI lawyer of a man recently tried for charges levied after a December hit-and-run accident presented such an argument at trial, but 30-year-old Dorek Hayes was ultimately convicted of the crime.
Hayes, of Virginia Beach, was convicted on June 14th of the hit-and-run collision that caused serious injuries to 72-year-old Mary Edwards. Edwards was pushing a shopping cart on Honeygrove Road shortly before 5:30 p.m on December 30th of last year when she was struck by a black Mitsubishi Eclipse driven by Hayes. Hayes reportedly then continued driving, and collided with a parked van one block over from the scene of the accident. Law enforcement officials who responded to the scene testified that Hayes "smelled of alcohol," was in possession of eight small brandy bottles, and slurred his speech when speaking with police. Police also report finding text messages on the man's phone received from his mother, advising the defendant not to drive and to "get sober." The arrest was Hayes' second for DUI.
Court documents indicate that the injuries Edwards incurred were severe. She suffered broken legs and ankles, bruised lungs, cracked ribs, and is currently residing in a nursing home as a result of the incident. Prior to being a patient in the nursing home, Edwards was hospitalized for months while recovering from her injuries, according to prosecutor S. Catherine Dodson. Hayes pled guilty to the charge of a second DUI offense within five years and to drunken driving that resulted in serious injury and stood trial on a felony hit-and-run charge.
Hayes' Virginia DUI lawyer argued that the defendant had "a history of seizures" and suggested that Hayes may have experienced a seizure at the time of the incident. The prosecution contended that medical records proved that Hayes only had seizures when in alcohol withdrawal, and not while he was drinking. Circuit Court Judge H. Thomas Padrick Jr. rejected the suggestion that Hayes suffered a seizure as speculation, and convicted him of the hit-and-run charge. Sentencing in the case is scheduled for August 30th.

Fairfax County Police have arrested and charged a former America Online ("AOL") executive with "unlawful filming, videotaping or photographing of another" after a teenage guest discovered a hidden camera in a changing room. 51-year-old Craig Dykstra, one of the founding employees of AOL, is accused of hiding a camera in a dressing room used by teenaged houseguests near a pool at his Centreville home. It is unclear whether Dykstra has retained a Virginia criminal lawyer to face the misdemeanor charge, but a conviction could result in his incarceration for up to a year.

Dykstra is said to have been hosting a pool party following the Westfield High School prom during the early hours of June 5th. One of the guests, a teenaged male, noticed the hidden digital video camera dangling from a pair of shorts in the changing room. According to a search warrant affidavit filed in Fairfax Circuit Court on June 7th, the teenager seized the device and handed it over to his parents, who in turn notified the police about the situation.

In an affidavit filed with Fairfax Circuit Court, Detective Nickolas Boffi states that the video content seized and viewed by police shows a "white male in his 50s" placing the camera in the unobtrusive location before adjusting it into place. Further footage captures eight teenagers of both genders in swimsuits, towels and varying states of undress. The video that police reviewed also depicts at least one teenager completely undressed. The teenage girl who was filmed nude was identified and contacted by police, Boffi states, and law enforcement officials confirmed that the girl did not give permission to be filmed.

The affidavit suggests that Dykstra may have used the hidden camera at pool parties that occurred prior to the one on June 5th. Law enforcement officials searched the former AOL executive's home on June 7th. Several items were seized according to court records, including twenty data storage units, two video storage units, seven cameras, five cellular phones and twelve computers. Fairfax police spokesperson Lucy Caldwell confirmed that Dykstra was charged with misdemeanor unlawful filming.

As technology advances, the scope of charges stemming from possibly criminal use of these devices also increases. Cases such as Dykstra's with video evidence of the alleged crimes will benefit from an experienced Virginia criminal lawyer who can protect a defendant's rights and ensure that proper procedures have been maintained throughout the investigation. Even in the presence of footage suggesting guilt, an experienced Virginia criminal lawyer can review each case and serve as a defendant's advocate within the judicial system.

A New Jersey man was sentenced to 15 years in prison by a Fairfax Circuit Court judge on June 4th for the 2008 murder of a Fairfax cab driver. Evan D. Gargiulo's Virginia criminal lawyer argued that the defendant was temporarily insane and acting in self-defense at the time of the killing, and requested that Fairfax Circuit Court Judge Bruce D. White suspend five years of the sentence, imposing a ten year term. Judge White declined to do so.

Gargiulo, 23, was convicted of the November 2, 2008, murder of Fairfax County cabdriver Mazhar Nazir, 49. Events leading up to Nazir's murder began when Gargiulo attended a Halloween event at a local DC nightclub, where he claims his wallet, cell phone and keys were stolen in the club's VIP room. Gargiulo told police that he hired Nazir to drive him to his apartment in Reston, at which time he retrieved his car keys and a loaded 9mm pistol. Nazir then drove Gargiulo to his car, where Gargiulo told the driver that he was unable to pay his $130 fare for the journey from the District of Columbia to Reston and Tyson's Corner. The defendant said that when he told Nazir he had no cash, the cab driver "came over the front seat at him." Evidence presented at trial, however, indicated that Nazir was shot in the back of the head, and that he was still wearing his seatbelt at the time of his death.

At Gargiulo's March trial, a jury rejected his claim that he was temporarily insane at the time of Nazir's murder. The court sentenced Gargiulo to 12 years for the charge of second-degree murder, and an additional three years for using a gun in the commission of the crime. Friends and family of the victim were present at Gargiulo's sentencing on June 4th, including Nazir's 13-year-old son Zain Nazir.

Judge White could have reduced Gargiulo's sentence, but opted to impose it in full. He did, however, opt not to order reparations to Nazir's family in the case, saying:

"You say you want to make things right," White told Gargiulo. "I don't think there's anything you can do to make things right in taking the life of this gentleman. Paying reparations doesn't make things right."

Reparations were part of a proposal by Gargiulo's Virginia criminal lawyer, along with suspension of five years of the proposed sentence. Prisoners in Virginia are not eligible for parole, but are sometimes released for good behavior when 85% of their sentence has been served. Gargiulo has been in jail since his November 2008 arrest, and could be released as early as 2021.

A Virginia criminal lawyer knows the consequences of a sex offender conviction. In addition to registering as a sex offender, those convicted of sex crimes face restrictions on where they can live and the places they can visit. Unfortunately, the specifics of these restrictions are often not readily available to convicted sex offenders upon the completion of their jail sentences. A Virginia criminal lawyer can prove to be an invaluable resource for sex offenders seeking information regarding registry requirements.

For the last two years, a bill that would require Virginia State Police to give sex offenders a list of these restrictions has failed. Additionally, new restrictions and penalties for convicted sex offenders were enacted. However, since state police are not required to inform registered sex offenders of these restrictions, many do not have the information they need to successfully abide by the law. Ignorance of these restrictions is not an excuse for violating them, and therefore, many registered sex offenders feel like they are being set up for failure due to the lack of notice of the restrictions.

Opponents of the bill say that the information on sex offender restrictions is readily available on the internet; however, not all people convicted of sex crimes have access to the internet. In fact, some of the convicted, including Virginia Beach sex offenders, are prevented from using the internet as a condition of their parole. And while free internet access is often available in libraries, public libraries are frequently a restricted area for sex offenders.

Although some local agencies are working on ways to ensure that released sex offenders have access to the information they need to remain within the law, notice of restrictions and changes to the law is limited and inconsistent within the state. For those charged with sex crimes in Virginia, a Virginia criminal attorney understands the law and knows the implications of a sex crime conviction. If you are charged with a sex offense in Virginia, it is recommended that you seek competent, experienced counsel with a proven record of quality representation in sex crime defense.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Sex Crime Lawyers and Washington DC Sex Offense Attorneys websites.

Earlier this year, it was reported that some of the Intoxilyzer machines used to measure a person's blood alcohol concentration by the Metropolitan Police Department had been either incorrectly calibrated or were not giving accurate results. Since the fall of 2008, nearly 400 people have been charged with driving-alcohol related offenses based on these inaccurate results. Over half of these people served jail time for the mistake. Though some believe the results of a breath alcohol exam to be infallible evidence, Virginia DUI attorneys are aware of the importance of other forms of evidence against someone in a Virginia DUI or DWI.

Early reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were defective, but a recent investigation into the matter deemed all ten of the machines to be inaccurate. The equipment was so badly calibrated that it would show a driver's BAC to be up to 20% higher than it actually was. Although acknowledgement of the problem is a starting point for the Metropolitan Police Department, there are still many people who served unnecessary jail sentences, paid heavy fines, lost driving privileges, and sacrificed greatly as a result of these inaccuracies. The DC Attorney General's office has begun notifying those drivers affected by this mistake, which has led to at least one lawsuit against the District of Columbia. In a recent press release, DC DUI Attorney Price Benowitz, LLP expresses his lack of confidence in the Attorney General's willingness to face the enorminity of the issue.

There are many tests that an officer can use to determine if a person has been driving under the influence of alcohol or while intoxicated aside from the breath alcohol exams. Many times, a police officer uses the Horizontal Gaze Nystagmus test, which follows the driver's eye movement, the One-Legged Stand and the Walk and Turn, which determine if a person's balance and ability to follow directions have been impaired. These tests are not always accurate themselves since they may be difficult to perform regardless of one's intoxication level or a police officer may inaccurately determine a person's impairment due to human error. It is the responsibility of a Virginia DUI Lawyer to ensure that a driver charged with a DUI or DWI is treated fairly and judged on accurate evidence.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers and Washington DC DUI Lawyers websites.

Earlier this year, it was reported that some of the Intoxilyzer machines used to measure a person's blood alcohol concentration by the Metropolitan Police Department had been either incorrectly calibrated or were not giving accurate results. Since the fall of 2008, nearly 400 people have been charged with driving-alcohol related offenses based on these inaccurate results. Over half of these people served jail time for the mistake. Though some believe the results of a breath alcohol exam to be infallible evidence, Virginia DUI attorneys are aware of the importance of other forms of evidence against someone in a Virginia DUI or DWI.

Early reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were defective, but a recent investigation into the matter deemed all ten of the machines to be inaccurate. The equipment was so badly calibrated that it would show a driver's BAC to be up to 20% higher than it actually was. Although acknowledgement of the problem is a starting point for the Metropolitan Police Department, there are still many people who served unnecessary jail sentences, paid heavy fines, lost driving privileges, and sacrificed greatly as a result of these inaccuracies. The DC Attorney General's office has begun notifying those drivers affected by this mistake, which has led to at least one lawsuit against the District of Columbia. In a recent press release, DC DUI Attorney Price Benowitz, LLP expresses his lack of confidence in the Attorney General's willingness to face the enormity of the issue.

There are many tests that an officer can use to determine if a person has been driving under the influence of alcohol or while intoxicated aside from the breath alcohol exams. Many times, a police officer uses the Horizontal Gaze Nystagmus test, which follows the driver's eye movement, the One-Legged Stand and the Walk and Turn, which determine if a person's balance and ability to follow directions have been impaired. These tests are not always accurate themselves since they may be difficult to perform regardless of one's intoxication level or a police officer may inaccurately determine a person's impairment due to human error. It is the responsibility of a Virginia DUI Lawyer to ensure that a driver charged with a DUI or DWI is treated fairly and judged on accurate evidence.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DWI Attorneys and Washington DC DWI Lawyers websites.

As the internet continues its ever-expanding reach into our everyday lives, the number of individuals facing charges related to crimes allegedly committed in cyberspace seems to increase proportionally- and internet sex crimes have been a consistent lurking specter. Such is the case with recent charges brought in Fairfax County, Virginia against Wisconsin radio DJ Richard Kieffe. Kieffe, 55, appeared with his Fairfax criminal lawyer before Fairfax County Circuit Court Judge David Schell where he pled guilty to the charges on June 9th.

Kieffer's case began on May 3rd of this year when he was arrested at Reagan National Airport. At a May 28th hearing, probable cause was found to move the case to the grand jury level. Kieffer, who went by the name Rich Allen on WVBO-FM 103.9 in Wisconsin, was charged with one felony count of soliciting a minor by use of a communication device at his arraignment. The former DJ was charged based on evidence presented by Deputy Virginia Commonwealth Attorney Katherine Stott and collected by Fairfax County police Detective Nick Boffi in a series of online chats.
During the chats, Boffi purported to be a gay man attempting to arrange a sexual encounter between Kieffer and his own (fictitious) son. According to the chat logs, Kieffer, using the screen names "Cannibal Al" and "Just Looking," allegedly engaged in explicit conversations with the undercover detective fantasizing about and planning sexual contact with the man's supposed minor child.

During the first chat on April 1, Cannibal Al asked Boffi whether his son was clean and "if it was OK to do rape-type play with him," Stott told the court. Kieffer used his Just Looking moniker in a second chat on April 20, Stott said, and went into more detail on the kind of sexual game he wanted to engage in with Boffi's son "Will he play dead?" Kieffer asked. "I want to make it look like he was kidnapped. ... I'd like him to beg, 'Please don't kill me."'
Stott says chat logs also indicate that during an April 27th chat, Boffi shared a picture of a "white pre-pubescent male," and that Boffi told" Cannibal Al" that the image was of his 12-year-old son. It is said that Kieffer then told Boffi that he would have free time during a short trip to Washington DC at the beginning of May, and made specific plans to have contact with the "child" on the evening of May 3rd. No further contact was made between the detective and Kieffer before the DJ's arrest on May 3rd at the airport.

At his hearing on June 9th, Kieffer pleaded guilty to charges of sexual solicitation of a minor over the Internet. During the hearing, the former DJ spoke quietly to his Virginia criminal attorney, and answered questions from Judge Schell as to whether he fully understands the ramifications of pleading guilty to the charges. At his sentencing, scheduled for September 3rd, Kieffer faces up to 10 years in jail and up to $2,500 in fines. There is no possibility for parole in Kieffer's case under Virginia law.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Washington DC Sex Offense Lawyer and Maryland Sex Offense Attorney websites.