Month: November 2013

Driving Without a License (VA Code 46.2-300): Court Says Notice Required

On November 26, 2013, the Virginia Court of Appeals issued an opinion in Carew v. Commonwealth which addressed whether or not the Commonwealth has to prove a driver had notice that his or her license had been suspended when the person was charged with driving without a valid license under Virginia Code 46.2-300.  On July …

Continue Reading →

DUI: Warrantless Blood Draws

On April 17, 2013 the Supreme Court delivered its opinion in Missouri v. McNeely, a major decision regarding driving under the influence jurisprudence.  The judgment of the Missouri Supreme Court was affirmed in a 5-4 opinion authored by Justice Sotomayor. A Missouri state patrol officer observed a vehicle driven by Tyler McNeely speeding and swerving. After stopping the vehicle …

Continue Reading →