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Norfolk Personal Injury Law Blog

Challenging a DUI based on the Horizontal Gaze Nystagmus Test

Drinking and driving is an easily preventable crime that sometimes has serious adverse implications for innocent victims. That being said, it is also important to know that not every individual arrested under suspicion of drinking and driving is actually guilty of that crime.

Most of us are aware of police roadside sobriety tests used to determine whether motorists are impaired by drugs or alcohol. Perhaps most well-known of these tests is the so-called "walk and turn test," which involves an individual holding his or her arms out to the side and placing one foot in front the other before pivoting and returning to the original spot.

What are the most dangerous places in Virginia for motorcyclists?

As a motorcyclist in Virginia, you may have questions about your area and the safety you have as a rider. If you've recently been in an accident, then knowing statistics can also help you build a case, especially if the area where you got hurt has more accidents than other places in the state.

Motorcycle fatalities in Virginia have actually been dropping, which is unlike the national average. Interestingly, in 2009, there were 71 fatalities in the state. In 2013, there were only 63 fatalities in motorcycle accident in Virginia, continuing a three-year downward trend.

What is domestic violence in Virginia?

When arguments get heated between family members, they can usually be resolved amicably if everyone has a chance to calm down. In some cases, however, those heated arguments can lead to physical altercations. That might end with someone being accused of domestic violence. Because domestic violence is such a serious crime, it is vital for Virginia residents to fully understand various aspects of domestic violence charges.

What is domestic violence?

Federal laws affecting Virginia’s nursing home abuses

The fact is that many Americans are simply living longer than previous generations. While this trend has obvious benefits, caring for persons of advanced age introduces a host of new problems. For example, many family members are simply not adequately prepared to deal with their elders who may be suffering from diseases such as dementia, Alzheimer's or Parkinson's.

Many family members choose a nursing home placement for their elders primarily to ensure that their loved ones will receive the proper care and adequate treatment. This is almost always an emotional and anxiety producing-decision. However, those family members who place an elder into a nursing home understand that they need to take action in order to maintain the most enjoyable quality of living possible for their loved ones.

Medical mistakes in Virginia: You have the right to a lawsuit

Not all medical mistakes can be called neglect or malpractice; after all, doctors are human and small mistakes are sometimes made. Many times, patients aren't hurt, or the mistakes are caught before they can cause any real trouble.

However, if the mistake has affected you adversely, then you may not have received the standard of care you should receive as a patient. If you or someone you love has faced medical malpractice through mistreatment, misdiagnosis or negligence, you don't have to put up with the consequences. There are ways to get justice and the compensation you deserve for your suffering and the hassle this mistake has put you through.

Truckers and motorists can be injured in truck accidents

Trucking accidents have a variety of causes, and they can have a variety of outcomes. In some truck accidents, such as the one we discussed last week, fatalities can occur. In other accidents, occupants in the passenger vehicle might suffer injuries. The bottom line in either case is that when a trucker fails to keep control of a truck and take the steps necessary to ensure the truck is roadway ready, serious accidents can occur.

In the post last week, the driver of the dump truck operated defective equipment, which ultimately caused an accident that killed a trucker. That accident brings up the important point that truckers can be injured or killed in accidents caused by other truckers. Even in those cases, the injured person or the family members of the person who was killed has the right to seek compensation.

Driver cited for defective equipment in fatal truck accident

A Nov. 14 truck accident in Prince William County, Virginia, has left one man dead and another man cited for his role in causing the fatal accident. Police say that they received a call from a motorist that evening about a dump truck stopped in the middle of I-95 near the 149-mile marker.

A Virginia State Police spokesperson reported that officers were dispatched towards the scene within two minutes of having received the initial call. They had hoped to get to the disabled dump truck and provide assistance. Despite their best efforts, another vehicle struck the stranded dump truck from behind as it sat stalled in the northbound lane of I-95.

Reset your future in Virginia with expungement

What is expungement, and why should you care about it when facing criminal charges or after you've been convicted? Expungement is also known as expunction, and it's when the court orders that all records of an arrest or conviction sealed. That means that the conviction or arrest you face will not be able to be seen by the public and can't be used against you by the law. Essentially, the transgression is erased from your background.

After an expungement, you won't have to provide information to anyone regarding that record. So, if you go to get a job and have to have a criminal background check, you don't need to disclose your criminal background to the company at all. No record of your arrest or conviction will appear during a background check, and that means you can apply for jobs, schooling and other activities without worrying about a troublesome past.

Norfolk crash closes intersection, 3 cars involved

Red lights and other traffic signals serve a very important purpose on public roadways. These lights and signs let drivers know when it is safe to drive. Failing to stop at a stop light or stop sign or even failing to yield at a yield sign can have serious consequences. A recent accident in Norfolk left a busy intersection closed as police worked an accident.

The accident happened when the driver of a 2002 Lincoln LS failed to stop at a red light. That car ran into a car that was making a left turn. The impact from the Lincoln hitting that Chrysler Sebring sent the driver of the Sebring to the hospital with injuries that weren't considered life-threatening.

Do I have a right to refuse a field sobriety test in Virginia?

The short answer is yes. Virginia law requires individuals placed under arrest to submit to blood alcohol concentration tests but does not require individuals to perform field sobriety tests. Field sobriety tests are used to confirm a police officer's suspicion that you have been driving while under the influence of drugs or alcohol. The reality is that if a police officer is asking you to participate in a field sobriety test, then he or she already has sufficient information to arrest you.

Police officers are required to have clear reasons to arrest you for drunk driving. These may include evidence of erratic driving such as frequent or unsafe lane changes prior to the traffic stop. Once the stop has been initiated, the police may arrest you if they discover empty or open containers of alcohol in your vehicle, notice that you are excessively slurring your speech or observe you losing your balance when exiting your vehicle.

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