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Archives: Articles
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June/July
2004
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Legislative Focus/Tougher DUI Laws:
Warner signs DUI bills, receives NTSB award
From news reports
On May 27, Governor Mark R. Warner ceremonially signed into law 25 bills
that establish tougher penalties on DUI offenders. These bills followed
the recommendations made last year by the Governors Task Force to
Combat Drunk Driving Under the Influence of Drugs and Alcohol.
Todays recognition is a testament to the recommendations
of the Task Force, the actions of several legislators, and the tireless
efforts by many advocacy groups, said Governor Warner.These
bills take another step to ensure that those who continue to drive while
intoxicated will not be allowed to remain a threat on Virginias
roads.
During the ceremony at the State Capitol, Governor Warner
also accepted an award from the National Transportation Safety Board (NTSB)
for the states initiative in combating drunk and drugged driving.
NTSB Chair Ellen Engleman Conners presented the award,
noting that Virginias actions will challenge other states to get
serious about alcohol and drug impaired drivers. Seven of Virginias
new laws are consistent with NTSB recommendations targeting hard-core
drinking drivers. Conners noted that hard-core drinking drivers put everyone
at risk because they drive with a high blood alcohol concentration and
often have multiple impaired driving offenses.
VBA Executive Vice President C.B. Arrington Jr. was a
member of the Task Force.
The following bills, with their sponsors, were included
in the package signed by Governor Warner:
HB 43, Del. Gary Reese (R-Oak Hill): Enables offenders
to participate in prevention, intervention, and treatment programs prescribed
by the courts for DUI convictions.
HB 127, Del. David Albo (R-Springfield):
Provides that repeat DUI offenders who refuse to take a blood alcohol
test will be charged with a Class 2 misdemeanor or Class 1 misdemeanor,
depending on the number of previous convictions.
HB 217, Del. Clifford Athey (R-Front Royal): Requires
first-time DUI offenders to pay a minimum, mandatory fine of $250.
HB 303, Del. William Fralin (R-Roanoke): Requires
DUI offenders, in addition to all the other fines, fees and expenses,
to reimburse the locality in which the offense occurred for as much as
$250 to cover costs of firefighting, rescue and emergency services.
HB 557, Del. Beverly Sherwood (R-Winchester): Makes
driving in contravention of a restricted license issued because of a DUI
conviction equal to driving after forfeiture of a license for a DUI conviction.
HB 594, Del. William Janis (R-Oilville): Requires
that, at the time of arrest for a DUI, local law enforcement will report
the offense to the Central Criminal Records Exchange; thus, drunk driving
will go on the offenders criminal record.
HB 664, Del. Robert Bell (R-Charlottesville): Allows
law enforcement to arrest an individual involved in a motor vehicle crash
within three hours of the crash, without a warrant and at any location
if the officer has probable cause to suspect the person was driving while
intoxicated.
HB 667, Del. Robert Bell (R-Charlottesville): Lowers
the threshold for driving with an elevated BAC. Driving with a BAC of
0.15 percent, previously 0.20 percent, will get a drunk driver five days
mandatory confinement and more for each subsequent offense. Driving with
a BAC of 0.20 percent, previously 0.25 percent, will get a drunk driver
10 days mandatory confinement or more for each subsequent offense.
HB 676, Del. Robert Bell (R-Charlottesville): Provides
for license revocation for multiple DUI convictions no matter how they
are listed on the offenders record.
HB 774, Del. Ryan McDougle (R-Mechanicsville):
Makes mandatory, minimum punishment for a third or subsequent offense
of driving on a restricted license applicable only if the offense occurs
within 10 years of the first offense.
HB 786, Del. Ryan McDougle (R-Mechanicsville):
Establishes procedure for taking blood samples by adding PVP iodine and
Povidone iodine as cleansing substances for DUI testing.
HB 889, Del. Robert Bell (R-Charlottesville): Eliminates
bail for repeat DUI offenders with three prior convictions within the
past five years.
HB 1107, Del. Brian Moran (D-Alexandria): Provides
that repeat offenders convicted for a third time within 10 years will
serve a 10-day, mandatory minimum jail term and a six-month mandatory,
minimum jail term if it is the third offense within five years.
HB 1130, Del. Robert McDonnell (R-Virginia Beach):
States that DUI offenders convicted of a third or subsequent DUI offense
within 10 years will forfeit the vehicle that they owned and operated
during the offense.
HB 1132, Del. Robert McDonnell (R-Virginia Beach):
Identical to HB 1132, eliminates bail for repeat DUI offenders with
three prior convictions within the past five years.
HB 1136, Del. Robert McDonnell (R-Virginia Beach):
Extends the period of administrative license revocation for second,
third and subsequent DUI arrests. Administrative license revocation will
be 30 days or until trial for a second alleged offense and 60 days or
until trial for a third alleged offense.
HB 1137, Del. Robert McDonnell (R-Virginia Beach):
Provides that failure to reimburse a locality for emergency response
costs necessitated by a DUI or certain other offenses will result in drivers
license suspension and vehicle registration cancellation.
HB 1138, Del. Robert McDonnell (R-Virginia Beach):
States that offenders who receive a restricted drivers license
following a DUI conviction where the offenders BAC equaled or exceeded
0.15 percent must use an ignition interlock as a provision of the restricted
license.
HB 1143, Del. Robert McDonnell (R-Virginia Beach):
Creates the Trauma Center Fund which will be funded by fines paid by second
and subsequent DUI offenders and funding appropriated by the General Assembly.
HB 1147, Del. Robert McDonnell (R-Virginia Beach):
Requires that offenders convicted of a second DUI offense within five
years serve a 20-day mandatory, minimum jail term and 10 days for a second
offense within 10 years. Requires that offenders convicted of a third
offense within five years serve a six-month mandatory, minimum jail term
and 90 days for a third conviction within 10 years.
SB 202, Sen. Roscoe Reynolds (D-Martinsville): Removes
the requirement that a magistrate reaffirm to a DUI arrestee his liability
for refusal to submit to a preliminary blood or breath test after the
arresting officer has already informed the arrestee.
SB 329, Sen. Kenneth Stolle (R-Virginia Beach):
Provides for zero tolerance for DUI offenders who drive under the influence
while holding a restricted permit issued as the result of a previous DUI
offense.
SB 384, Sen. Thomas Norment (R-Williamsburg): Provides
that sentences of DUI offenders convicted of driving on a revoked license
will run concurrently with any other sentence.
SB 442, Sen. Nick Rerras (R-Norfolk): Eliminates
potential for bail for offenders who have convictions within the past
five years for any of the following: DUI, DUI manslaughter or DUI maiming.
SB 5007, Sen. Kenneth Stolle (R-Virginia Beach): Makes it a crime to unreasonably refuse to submit to a blood or breath test upon arrest for DUI. Return to Top
RACs are rolling across Virginia
Regional groups plan seminars and socials to reach present and potential
VBA members
As part of The Virginia Bar Associations renewed
emphasis on membership development and outreach, the VBA Regional Advisory
Committees (RACs) are off and rolling forward with activities designed
to make the Association more accessible to members in various areas of
Virginia, beyond the traditional activities of section membership, Young
Lawyers Division involvement, committee participation and attendance at
Annual and Summer Meetings.
Six RACs are now in place and beginning their efforts
Blue Ridge, Northern Virginia, Richmond, Southside, Southwest and
Tidewater. The Southwest and Northern Virginia RACs have already hosted
free professional skills development seminars, followed by socials, for
current and potential VBA members. The seminars, incorporating speakers
and subjects from the successful and popular three-track program created
by the VBA Law Practice Management Division and featured at the 2003 VBA
Annual Meeting, were held on April 2 in Wise and Grundy and on June 9
in Falls Church. Plans are underway for events and activities in other
areas.
Chairs of the RACs are as follows: Blue Ridge, Gregory T. St. Ours, Harrisonburg (Wharton, Aldhizer & Weaver); Northern Virginia, David H. Spratt, Fairfax (Schwartz & Spratt); Richmond, Elaine R. Jordan (Sands Anderson Marks & Miller); Southside, Glenn W. Pulley, Danville (Clement & Wheatley); Southwest, Monica Taylor Monday and Melissa Amos Young, Roanoke (Gentry Locke Rakes & Moore); and Tidewater, William R. Van Buren III, Norfolk (Kaufman & Canoles). Return to Top
Virginia Law Foundation seeks nominations for 2005 Fellows class
Nominations for the 2005 Class of Virginia Law Foundation
Fellows will be accepted through September 13. The 2005 Class will be
inducted at a dinner meeting on January 20, during the VBA Annual Meeting.
Candidates must
(1) be an active or associate member of the Virginia State Bar for at
least 10 years;
(2) be a resident of Virginia;
(3) be a person of integrity and character;
(4) have maintained and upheld the highest standards of the profession;
(5) be outstanding in the community; and
(6) be distinguished in the practice of law.
Retired and senior status judges are eligible. Sitting
full-time judges and constitutional office holders are not eligible during
their tenures.
Nominations must include a resume or biographical sketch of the nominee and must be received by September 13. Send nominations to VLF Fellows Council, c/o Nominations, 700 East Main Street, Suite 1501, Richmond, Virginia 23219, or e-mail nomination materials to valawfdn@infionline.net.
For a complete listing of current Fellows, please visit the Virginia Law Foundations website at www.virginialawfoundation.org. Return to Top
Legislative proposals up for Board review
Note to all sections and committees of The Virginia Bar
Association: if youre developing proposed legislation for the 2005
General Assembly, youd better hurry up and get it done. The VBA
Board of Governors reviews legislative proposals at its summer meeting
in July and its fall meeting in October. Because the pre-session schedule
for developing and filing proposed legislation for the General Assembly
has accelerated, it is preferable to submit legislative intentions in
advance of the July meeting.
The VBA Board Committee on Legislation is co-chaired by Hon. Diane M. Strickland of Roanoke and State Senator William C. Mims of Leesburg. Return to Top
Capital punishment in Virginia will
be discussed at Summer Meeting session
Criminal Law CLE track to be offered for first time
For the first time, Criminal Law Section members will
have their own CLE programming track at the VBA Summer Meeting, to be
held at The Homestead July 15-18.
In addition to Professor Ronald Bacigals review
of recent Virginia Supreme Court decisions in criminal law cases, a popular
Summer Meeting feature which returns for the fourth consecutive year on
Friday, July 16, the Criminal Law Section will co-sponsor (with the Judicial
Section) a Friday afternoon general session program on capital punishment
issues in the Commonwealth and will present a Saturday morning session
on Innocence Happens: When the Innocent Are Accused (and Convicted).
The general session, The Virginia Death Penalty:
There is More Than Just the Concept, will focus on some of the systemic
issues related to capital punishment in Virginia. Prof. Roger D. Groot
of Washington and Lee University will moderate the discussion. Panelists
will include John Boatwright of the Office of the Capital Defender in
Richmond, Craig S. Cooley of Richmond, Assistant Commonwealths Attorney
Warren Von Schuch of Chesterfield, and Hon. J. Robert Stump of the Wise
County Circuit Court.
A total of 4.5 CLE credits will be available in the Criminal Law track, which is similar to the programming track offered by the Civil Litigation Section at recent VBA meetings. (NOTE: Click here for a complete program schedule.) Return to Top
Amherst teacher receives John Marshall Teaching Award
Anne B. Ferrell, a teacher of A.P. government and law-related
subjects at Amherst County High School, received the 2004 John Marshall
Teaching Award from Chief Justice Leroy R. Hassell Sr. of the Supreme
Court of Virginia in a ceremony held at the John Marshall House in Richmond
on May 3.
The award, presented annually by the John Marshall Foundation,
recognizes a secondary or middle school teacher who demonstrates excellence
in teaching students about the United States Constitution.
Ferrell, a teacher for 31 years, traces her interest in
the Constitution to political discussions over family dinners in her youth.
She begins her classes with reviews of current events, which are then
related to the days government lessons.
The Virginia Bar Association and the Association for the Preservation of Virginia Antiquities created The John Marshall Foundation in 1987. Its purpose is to help provide for the restoration and operation of the John Marshall House and the John Marshall Gravesite as permanent memorials to Chief Justice Marshall, and to sponsor educational and public interest programs in the fields of law, government, history and public affairs. Return to Top
Fall meeting dates announced by VBA
115th Annual Meeting will be January 20-23
While fall may seem a long way off, various VBA entities
are hard at work planning the Associations autumnal conferences.
As details of each conference are finalized, information
will be posted on the VBA website at www.vba.org
and mailed to Association members in that area of practice. Dates of upcoming
events also appear on the back cover of every VBA News Journal,
with additional information published as space is available.
Dates and locations for major fall events are as follows:
September 15-17, VBA/YLD Executive Committee and
Council Meeting, Hyatt Regency Reston;
October 1-2, VBA Labor Relations and Employment Law Conference,
Hyatt Regency Reston;
October 15-17, VBA Board of Governors Meeting, Martha Washington
Inn, Abingdon;
October 18, VBA Corporate Counsel Fall Forum, Omni Richmond;
October 22-23, Boyd-Graves Conference, Omni Richmond;
October 28-29, VBA Capital Defense Workshop, Richmond Marriott;
and
October 29, VBA Virginia Tax Practitioners Roundtable, Farmington,
Charlottesville.
VBA members should also note that the 115th VBA Annual Meeting will be held January 20-23, 2005, in Colonial Williamsburg. More information on the meeting will be available beginning in the early fall. Return to Top
VBA Board of Governors member Glenn C. Lewis of Fairfax has been honored with a Lifetime Achievement Award from the Virginia State Bar Family Law Section for his many accomplishments as a lawyer, family law expert, CLE instructor (with more than 1000 hours of teaching to his credit), television host/producer and legal theorist. Lewis is known as an innovator and leader in family law practice, not only in Virginia but on the national level as well.
Katherine Mims, a National Merit Scholar and recent graduate of Potomac Falls High School in Sterling, is the winner of the 2004 My Political Hero essay contest sponsored by Virginia Capitol Connections. Her subject: none other than her father, Sen. William C. Mims (R-Loudoun), a VBA Board of Governors member and Legislative Committee co-chair.
James R. Harvey III has received the Walter E. Hoffman Community Service Award, presented by the Norfolk and Portsmouth Bar Association. The award recognizes a young lawyer who has distinguished himself in personal service to the community. Harvey, a partner with Vandeventer Black, is a former co-chair of the VBA/YLD Tidewater Pro Bono Hotline Committee.
Stephen A. Northup, a partner with Troutman Sanders in Richmond, has received the Lewis F. Powell Jr. Pro Bono Award from the Virginia State Bar.
The following VBA midyear appointments to the Virginia
Law Foundation Board of Directors and the VLF Committee on Continuing
Legal Education have been announced:
Virginia Law Foundation (for three-year terms ending in June 2007):
Immediate Past President Frank A. Thomas III of Orange (Shackelford,
Thomas & Gregg, PLC) succeeds Past President Douglas P. Rucker
Jr. of Richmond (Sands, Anderson, Marks & Miller); John L.
Walker III of Richmond (Williams Mullen) is reappointed for a second
term.
VLF Committee on Continuing Legal Education (for one-year terms ending
in June 2005): J. Lee E. Osborne of Roanoke (Carter, Osborne
& Miller, PC), Elaine R. Jordan of Richmond (Sands, Anderson,
Marks & Miller), Neil S. Lowenstein of Norfolk (Vandeventer
Black LLP), Aubrey J. Rosser Jr. of Altavista, E. Ford Stephens
of Richmond (Christian & Barton LLP), Paul B. Terpak of Fairfax
(Blankingship & Keith PC), and VBA/YLD representative Valerie W.
Long of Charlottesville (McGuireWoods LLP) are all reappointed for
the coming year.
VBA Executive Vice President Breck Arrington has been elected Chair of the Virginia Law Foundation Fellows Council for 2004-05.
VBA Communications Director Caroline Cardwell received three first-place awards in the 2003 Virginia Press Women Communications Contest. She also received a third-place award and two honorable mentions in the competition. Return to Top
Copyright 2007 The Virginia Bar Association