MIDKIFF V. COMMONWEALTH

In this case, the Virginia Supreme Court held that the best evidence rule only applies to written documents and that video recordings are not covered by the rule.

BERGHUIS V. THOMPKINS

In this case, the United States Supreme Court ruled that once a defendant has been given his Miranda warnings then the police can interrogate the defendant without an affirmative waiver.

Gaming Cafes

The City of Virginia Beach apparently is targeting gaming cafes. Virginia Beach police have raided 11 gaming centers and have seized 400 computers. The Commonwealth Attorney, Harvey Bryant, has opined that the cafes are illegal because the games do not involve skill and that rewards can be won. No charges have been filed to date.

DUI Lawyer Virginia Beach, VA

Do you need a good DUI lawyer for Virginia Beach, Virginia? Call Montagna & Montagna, P.C., today. Our phone number is 757-625-3500 and our web page is www.montagnalaw.com.

Our lawyers are exceptionally familiar with all the laws involving a DUI. Our lawyers will advise you about the implied consent law, blood alcohol content, possible mandatory jail time, and the filed sobriety tests.

It is important to know that all tests give by a police office to someone who has been stopped for a possible DUI have not been approved by the National Highway Traffic Safety Administration. The three approved tests are walk and turn, one leg stand, and horizontal gaze nystagmus. Furthermore, the purposes of the field tests are to assist police officers in recognizing clues exhibited by the motorist that may predict alcohol impairment.

If you need a great traffic lawyer for a case in Virginia Beach, Norfolk, or anywhere in Virginia, call our firm. We will provide you with a free 30 minute consultation. Additionally, we welcome all military personnel and civilians as clients.

Selecting a traffic lawyer for Virginia Beach, Virginia

People are always asking, "How do you select a good lawyer for a traffic case in Virginia Beach, Virginia?" Some people select a lawyer for traffic court on word of mouth referrals. Other people select a lawyer from the phone book. Finally, some people select a lawyer from the internet.

It is important that the lawyer you select is known by the judges and the clerks. Furthermore, it is important that your lawyer has extensive experience, is dedicated to you, is hard working, and is successful.

At Montagna & Montagna, P.C., our lawyers have extensive experience, are dedicated to our clients, and are dependable. Finally, our lawyers are successful.

Anthony L. Montagna, III and Anthony L. Montagna, Jr. have tried countless DUI, reckless driving, speeding, and other traffic charges in the Virgina Beach courts. We have represented countless, satisfied clients, who recommend us to their friends and family.

Our lawyers are trial tough and fight for our clients in Virginia Beach, Virginia and all over Virginia.

When you hire a lawyer from Montagna & Montagn, P.C., you can be confident in knowing that we are highly regarded in the community, have a strong presence in the phone book and on the internet, and are well known by the judges and clerk's in the Virginia Beach traffic courts.

If you have questions, we have answers. Give us a call today at 757-625-3500 or visit us on the web at www.montagnalaw.com.

Presumptions from alcohol or drug content of blood for DUI cases

Section 18.2-269 of the Code of Virginia, as amended, indicates:
"A. In any prosecution for a violation of Section 18.2-36.1 or clause (ii),(iii), or (iv) of Section 18.2-266, or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of Sections 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:
(1) If there was at the time .05 percent or less by weight by
volume of alcohol in the accused'd blood or .05 grams or
less per 210 liters of the accused'd breath, it shall be
presumed that the accused was not under the influence of
alcohol intoxicants at the time of the alleged offense;
(2) If there was at that time in excess of .05 percent but less
than .08 percent by weight by volume of alcohol in the
accused's blood or .05 grams but less than .08 grams per
210 liters of the accused's breath, such facts shall not
give rise to any presumption that the accused was or was
not under the influence of alcohol intoxicants at the time
of the alleged offense, but such facts may be considered
with other competent evidence in determining the guilt
or innocence of the accused;
(3) If there was at that time .08 percent or more by weight by
volume of alcohol in the accused'd blood or .08 grams or
more per 210 liters of the accused's breath, it shall be
presumed that the accused was under the influence of
alcohol intoxicants at the time of the offense; or
(4) If there was at that time an amount of the following
substances at a level that is equal to or greater than:
(a) 0.02 milligrams of cocaine per liter of blood,
(b) 0.1 milligrams of methamphetamine per liter of blood,
(c) .01 milligrams of phencyclidine per liter of blood,
or (d) 0.1 milligrams of
3,4-methylenedioxymethamphetamine per liter of blood, it
shall be presumed that the accused was under the influence
of drugs at the time of the alleged offense to a degree
which impairs his ability to drive or operate any motor
vehicle, engine or train safely.
B. The provisions of this section shall not apply to and shall not affect any
prosecution for a violation of Section 46.2-341.24."

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.