Man pleads guilty in two DUI related deaths

A man pleaded guilty today in the Norfolk Circuit Court to two counts of involuntary manslaughter. The defendant was involved in a two car accident at the intersection of Military Highway and Johnstons Road in the City of Norfolk, Virginia. Additionally, the defendant had a blood alcohol level of .18 percent, which is more than two times the legal limit.
The victims were 20 and 21 years old. Additionally, the victims' vehicle was struck by the defendant after he ran a red light.

DUI and Divided Attention Tests

The lawyers at Montagna & Montagna, P.C. practice extensively in Norfolk, Virginia Beach, Portsmouth, and the other cities in Hampton Roads. Thus, we are very familiar with divided attention tests, which are frequently used by the police before placing a person under arrest for DUI.
People, who are sober, may generally be able to focus are multiple tasks simultaneously. However, people, who are impaired by alcohol or drugs, have a difficult time dividing their attention to accomplish multiple tasks at once. Thus, police will utilize divided attention tests to determine whether an individual exhibits clues of driving under the influence of alcohol or drugs.
The most effective divided attention tests require the same physical and mental capabilities that an individual uses while driving. For example, the tests judge information processing, short term memory and judgment and decision making, balance, vision, muscle control, coordination, and reactions to stimuli.
Two popular tests approved by the National Highway Safety Administration (NHTSA) are the walk and turn test and the one leg stand test.
When a police officer has an individual perform the walk and turn test, the officer is looking for eight clues of possible intoxication. The eight clues are lack of balance during instruction stage, beginning the test too soon, stopping while walking, heel to toe more than one inch apart, steps off the line, using one's arms for balance, loss of balance on turns or making a turn incorrectly, and an incorrect number of steps.
The one leg stand test requires an individual to divide his or her attention between two stages, the instruction stage and the balance and counting stage. An individual who has a hard time counting or maintaining balance may be impaired.
Frequently, police officers will ask an individual, who is suspected of driving while intoxicated, to perform other field tests. However, many of the tests have not been approved by NHTSA.
A police officer may ask someone to recite the alphabet from A to Z or from A to K. Other officers will ask someone to recite the alphabet backwards. Additionally, some officers will have someone touch their nose with their index finger or touch their thumb to all the fingers on the same hand as the thumb. The defendant's attorney should vigorously cross examine the police officer about these non approved tests.
The lawyers at Montagna & Montagna, P.C. know how to cross examine police officers involved with a DUI arrest. We welcome the opportunity to discuss your case with us and to assist you in preparing a zealous and complete defense.

Arizona v. Gant

As the Supreme Court of the United States held, "Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of the arrest."

Examples of Jurisdiction and Modification of Child Support Orders

A. Original order entered in VA with noncustodial parent in VA and child and custodial parent moving out of state: VA only state than can modify and enforce order

B. Original order entered in VA and all parties have moved out of state: VA loses ability to modify order but it can continue to enforce the order until modified by other state

C. Order entered in another state, with custodial parent and child in Virginia and non custodial parent out of state:
1. Custodial parent cannot modify order in VA and must got to noncustodial parent's state.
2. Noncustodial parent could modify order in VA

Roseborough v. Commonwealth

In this case, the Virginia Court of Appeals upheld the defendant's conviction for DUI. Additionally, the defendant was involved in an accident on a private road in an apartment complex. Furthermore, the defendant offered to submit to a breathalyzer before the officer could read the implied consent law. Finally, the officer did not see the defendant operate his vehicle, but nevertheless, the officer arrested the defendant.

Approved breath test devices in Virginia

In Virginia, two breath testing machines are authorized to be used in determining if someone has operated their vehicle under the influence of alcohol. The older machine, Intoxilyzer 5000, uses infrared technology to analyze alcohol content. The newer machine, Intox EC/IR II, uses both infrared and electrochemical technology to analyze alcohol content.

With the Intox EC/IR II, an infrared beam passes over the collected sample. Thereafter, a portion of the breath is introduced to the fuel cell where the result is calculated. The infrared sensor is also used to determine if there is any residual alcohol in the mouth.

Virginia also authorizes numerous devices to be used in preliminary breath tests. The preliminary test results are generally not admissible at trial.

A DUI can affect military men and women differently than civilians.

If you are charged with a DUI in Norfolk, Virginia Beach or other city in Hampton Roads and you are in the military, you can face different consequences than if you are a civilian. Even if you are not convicted, a military person can be disciplined by the military. Additionally, a military person could face a cut in pay, reduction in pay grade or even separation.

At the Norfolk, VA law firm of Montagna & Montagna, P.C., we can help you with the process of dealing with a DUI. We understand that your family relies heavily on you and we want to make sure that you and your family know what you are facing and what can happen to you.

Please feel free to call us at 757-625-3500 to schedule a free consultation. We will help you through this difficult time.