Motorcycles Driving Side By Side

Effective July 1, 2012, motorcycles will be permitted to drive side by side two abreast.  This represents a change in the law that did classify such activity as reckless driving.  The revised statute now reads as follows:

A person shall be guilty of reckless driving who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort, or law-enforcement officers driving motorcycles while on official duty; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

Ignition Interlock Required For All DUI Convictions!

Pursuant to a recent change in Virginia law, for any conviction of a DUI  on or after July 1, 2012, the offender must have an ignition interlock installed in his or her vehicle as a condition to receiving a restricted license.  Prior to this change in the law, ignition interlock was only required when (1) the offender’s BAC was equal to or greater than .15 or (2) when the offender was convicted of a second or subsequent DUI offense within a 10 year period. Therefore, individuals convicted of a DUI, even if the BAC is very low, will face the expensive prospect of ignition interlock in order to drive to and from  work or other driving permitted by the restricted license.

Second Offense DUI Reduced to First Offense in VA Court

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Jurisdiction and names omitted to protect the privacy of our clients.

On April 13, 2012, our law firm represented a client charged with committing a second offense DUI.  If convicted as charged, the client faced a mandatory minimum jail sentence and suspension of his license for a period of 3 years along with ignition interlock as a condition of a restricted license. Weiland Upton was able to get the charge reduced to a first offense.   As a result, the client received no jail time, no ignition interlock, received a license suspension for one year as opposed to 3 years and was granted an immediate restricted license.

 

 

DUI: Elevated BAC Level Reduced Jail Avoided

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Our client was charged with a DUI with the allegation being that he had an elevated BAC of .16.  If convicted of this offense, the client faced a mandatory minimum of 5 days in jail.  This mandatory jail is in addition to the other punishment imposed upon conviction of a DUI.  On April 12, 2012 our client appeared in court and our attorney was able to have the elevated blood alcohol level eliminated from the charge.  As a result, the client did not have to serve any jail time.

Client Avoids Underage Possession of Alcohol and Marijuana Convictions

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Jurisdiction and names omitted to protect the privacy of our clients.

On April 4, 2012 our law firm  successfully defended a client charged with underage possession of alcohol and possession of marijuana.  The attorney was able to convince the prosecutor to dismiss both charges. As a result of this outcome, the client maintains a clean criminal record, avoided all criminal charges, jail and license suspension.

Marijuana Charge Dismissed

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Jurisdiction and names omitted to protect the privacy of our clients.

On April 6, 2012 an attorney from Weiland Upton represented an individual charged with possession of marijuana.  The attorney challenged the ability of the Commonwealth to prove possession.  Pursuant to an agreement, the case was continued generally to be dismissed. The client avoided the conviction as well as the mandatory license suspension.