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DUI, Traffic and Criminal Law Defense

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 Weisberg and Zaleski 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.

Library for DUI, Traffic and Criminal Law Defense:

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.
How Virginia's Driver Demerit Point System Works
Description: Virginia's demerit point system very confusing, with different point values attached to different offenses. Here is a breakdown of how the system works.
Three Driving Demerit Point Offenses
Description: Each of these offenses will earn a driver three demerit points under the Virginia system.
Four Driving Demerit Point Offenses
Description: A list of the four demerit point violations for Virginia drivers.
Six Driver Demerit Point Violations
Description: A list of the six point offenses under Virginia's driver demerit point system.
Ignition Interlock Devices & DUI Law
Description: Virginia DUI law allows judges to require that an ignition interlock device be attached to the offender's car. This device prevents the offender from driving drunk again.
Requesting a Restricted License in Virginia
Description: Weisberg & Zaleski are experienced in helping Norfolk, Virginia residents request restricted license reinstatement after DUI convictions.
Virginia Legislature Working to Repeal Fines
Description: Virginia is working to repeal the highly controversial and unpopular civil remedial scheme put into place last July.
Virginia DUI Laws for First Time Offenders
Description: An overview of Virginia's DUI laws in first offender cases.
General Assembly Institutes New Civil Remedial Fees
Description: New civil remedial fee schedule instituted by Virginia General Assembly.
Having one more for the road may skew breath tests
Description: Having "one more for the road" can skew the breathalyzer test and result in a higher reading that your true BAC.

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223