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No matter how careful you might be, you can never prepare for the sudden impact of a DUI/DWI arrest, a traffic violation, or any other criminal charges brought against you. In an instant your life can change. You might find yourself behind bars, your car has been towed, and you are facing criminal prosecution. A conviction in any of these cases can be even more damaging. You could be facing jail time, heavy fines, suspension of your driver’s license, and lost opportunities for future employment. Imagine the impact that not being able to drive anymore would have on your family and your life. Now more than ever is the time to choose wisely when considering legal defense. Attorneys Michael Weisberg and Allan Zaleski have been defending cases like these in the southeastern region of Virginia for over three decades.

Under Virginia laws driving under the influence (DUI) and driving while intoxicated (DWI) are considered to be class one misdemeanors. This is the highest class of misdemeanor. In some cases they can even be tried as felonies. The punishment for violation varies greatly by circumstance. It fluctuates based on whether it is a first, second, or subsequent arrest, the level of blood alcohol detected, and whether a child is present in the car at the time of arrest. Class one misdemeanors carry a possibility of up to one year in jail, $2500 in fines, and suspension of driver’s license for one year. A felony DUI conviction comes with a minimum of six-months of jail time and up to five years in prison.

There are a number of stages in every DUI/DWI arrest. They include the stop, the arrest, refusal to take a test, breath and/or blood tests, and field sobriety tests. Mistakes are often made in each of these steps. A thorough examination of the facts of your case by an experienced attorney is crucial in trying to fight a prosecutor’s case. There are many potential legal defenses and technical defenses to a DUI/DWI charge, but only an aggressive attorney with expertise in Virginia’s DUI/DWI law knows where to look for them. The Virginia code allows very little leeway in dealing with a DUI/DWI conviction. Getting the charges dismissed or the case overturned is the best possible outcome.

Virginia is famous for speed traps. In fact, The National Motorists Association lists Virginia Beach as number six on their list of the top ten speed trap cities in the U.S. Speed trap cities are defined as locales that use low speed limits combined with heavy officer enforcement in order to raise revenues. We all know that Virginia Beach is not the only city in our area that uses these tactics to generate income. If you or someone you know has been charged with reckless driving it is important to have good legal representation. What most people don’t realize is that traffic violations are criminal in nature, meaning guilt must be proven beyond a reasonable doubt. If you are found guilty of reckless driving, a class one misdemeanor in the state of Virginia, you will have a permanent criminal record. Having an experienced attorney with a thorough knowledge of Virginia’s traffic laws is critical in reckless driving cases. In many cases there are missing elements of proof that a good attorney can use to get the charges dropped to a less serious one or even get the case dismissed.

Criminal cases in Virginia may be brought by any governmental entity, e.g. the State, the Federal Court, The City, Town, Township, or County. Weisberg and Zaleski practices in all criminal courts within the Tidewater area and surrounds. If you or someone you know has been charged with a crime it is important to have experienced legal representation present with you when talking to the police. Police detectives are trained in getting you to waive your right to an attorney. Don’t fall into their trap. Public defenders in Virginia are the lowest paid in all 50 states. They often are burdened with hundreds of cases at one time. While they mean well, it is impossible to represent your best interests under these circumstances. If you or someone you know has been charged with a crime you want a lawyer with expertise and experience in dealing with criminal defense cases to insure the best possible chance of a fair trial by jury or lessening or dropping of the charges.

The law firm of Michael S. Weisberg, P.C. is a small law firm with limited clientele. This way we can give each of our clients the personal attention and care they deserve. If you or someone you know has been charged with DUI/DWI, a traffic offense, or a crime, contact us at 757/622-7740 or toll-free at 800/690-0235 to schedule your free no-obligation consultation. You can rest assured that your case will be handled with care and concern and that we will aggressively pursue your goals and use every legally available means to fight for your rights.

Blog for DUI, Traffic and Criminal Law Defense

Library for DUI, Traffic and Criminal Law Defense:

Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
Description: Do you believe that the bar or restaurant where you were drinking should be held partially responsible for your DUI because they shouldn’t have been serving you when you were clearly over the legal limit? Learn why Virginia bars and restaurants are able to avoid being sued for damage in drunk driving cases because there are no dram shop laws in the state.
What to expect after a Virginia DUI arrest
Description: Arrested for driving under the influence in Virginia? Now what? There is a fairly predictable chain of events that now kicks off after a DUI arrest. Knowing what to come can help you prepare for defending yourself, and one way to do that is hire a great DUI attorney to protect your rights and make sure you are treated fairly.
Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
Description: Virginia lawmakers like to act tough when it comes to DUI convictions in the state, and they have worked hard to enact some serious penalties for drunken drivers. If you are facing DUI charges – whether it is your first, second or subsequent offense – it is important that you fight for your rights. If you don’t protect yourself, you could face some major fines, long jail terms, loss of your license, and more.
The high stakes of a DUI conviction in Virginia
Description: Are you facing DUI charges in Virginia? It is important that you understand what the future could hold if you are found guilty of the charges against you. Being convicted of a DUI in Virginia is a serious matter, and comes with some severe penalties. Not only could you face jail time, fines and the loss of your license, but you could also face problems in the future finding a job and securing affordable auto insurance. This is why it is so important to fight against DUI charges by hiring skilled attorneys like those at Weisberg & Zaleski.
Virginia's Move Over/Slow Down law regarding emergency vehicles
Description: Most Virginians are unaware of a law that requires drivers to either move over or slow down when approaching an emergency vehicle that is stopped with its lights flashing. Failure to comply with this law may result in reckless driving charges.
Losing your job after a DUI conviction
Description: There are many consequences that come after a DUI conviction, but one you might not think about is the possibility of losing your job. After a DUI conviction, your employer might fire you or restrict your job responsibilities. If you aren’t working or if you need to find another job after a DUI, it could be difficult to find an employer willing to hire you.
Do I need a lawyer for my DUI case in Virginia?
Description: If you are facing DUI or DWI charges in Virginia, you may be wondering if you should try to find a lawyer, and if so, what to look for in a good attorney. When considering your options, keep in mind the seriousness of a DUI / DWI conviction and the impact it can have on your insurance rates, your ability to drive, your reputation and your freedom.
Field Sobriety Testing in Virginia
Description: If you have ever been pulled over under suspicion of driving while intoxicated, you were probably subjected to one or more Virginia field sobriety tests. This article contains a brief summary of the different field sobriety tests used in Virginia, with links to DUI articles containing further information.
Auto Accidents and Alcohol: Virginia Crash Statistics
Description: Alcohol related crash statistics compiled by the Virginia Department of Motor Vehicles includes not only alcohol related injury and fatality numbers but also a breakdown of drunk driver ages, actions, and physical issues.
Five Key Facts about Drinking and Driving in Virginia
Description: Virginia has some very strict DUI laws, so if you’ve been stopped for suspected intoxication while behind the wheel, watch out. Understanding the DUI laws in Virginia is important so you know your rights and can’t be taken advantage of by law enforcement officers. Here we present you with five important Virginia DUI facts to help you better understand your situation.
What is the Virginia Alcohol Safety Action Program for DUI offenders?
Description: Virginia law enforcement officers seem to be waging a war against those who drive after having a few drinks. The penalties for first time offenders are especially onerous, and conviction after your first DUI can result in jail time, a hefty fine, the loss of your license, or mandatory education programs. If convicted, you could find yourself being forced to attend a Virginia Alcohol Safety Action Program, or ASAP. This article explains more about this program and what you can expect if you are required to participate.
What you need to know about implied consent and DUI in Virginia
Description: Motorists in Virginia should be aware that when they get behind the wheel of a motor vehicle they have agreed to allow testing of their breath or blood by law enforcement officers. Refusing a breath test is considered a misdemeanor in Virginia, and the consequences can be quite serious. Learn more about implied consent, breathalyzer tests, and DUI laws in Virginia. If you need to speak with an experienced Virginia attorney about your DUI case, please contact Weisberg & Zaleski at 800-690-0235.
Losing Your License as a Habitual DUI Offender in Virginia
Description: If this isn’t the first time that you’ve been charged with driving under the influence (DUI), you risk being labeled a “habitual offender” by the State of Virginia. There are several criteria that must be met for you to receive this designation, and it comes with some serious penalties. One issue you’ll have to face is the loss of your driving privileges. This article explains what can cause you to be classified as a habitual offender and what you’ll need to do to get your driving privileges restored.
DUI and the Horizontal Gaze Nystagmus Test
Description: The horizontal gaze nystagmus (HGN) test is used by law enforcement officers – often in conjunction with other tests – to determine if a suspect has been drinking. You might be wondering what a test with such an imposing sounding name is really all about, and how accurate it is in determining whether or not you’ve had too many drinks to drive.
All about the Walk and Turn Field Sobriety Test
Description: Have you ever wondered how those tests that Virginia law enforcement officers use to determine field sobriety are selected? In this article we explore the logic behind and limitations of the ever-popular “walk and turn” DUI field sobriety test.
The Federal Government’s Answer to Hard Core Drinking and Driving
Description: Aggressive moves by federal and state officials to increase penalties for drinking and driving related accidents means that you need to take your DUI charge seriously. Find out what transportation safety improvements the NTSB have requested of states like Virginia that are affecting DUI laws for Norfolk residents.
New Virginia Law: Doubling Insurance Minimums for DUI Offenders
Description: Effective January 1, 2008, Virginia is requiring that all Virginia drivers with a prior DUI/DWI conviction carry double the required minimum level of auto insurance.
Six Driver Demerit Point Violations
Description: A list of the six point offenses under Virginia's driver demerit point system.
Four Driving Demerit Point Offenses
Description: A list of the four demerit point violations for Virginia drivers.
Three Driving Demerit Point Offenses
Description: Each of these offenses will earn a driver three demerit points under the Virginia system.

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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235

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