Underage Driver Involved in Drunk Driving Accident

On December 25, 2006, several young men got together, hosted a bonfire, and celebrated the holidays with some beer and a little marijuana. None of them were legally able to consume alcohol. In the early hours of the next day, two of the boys—Samuel Ian Roberts and his best friend, Gregroy Berry—got into a car to gather firewood to fuel the fire. Roberts, who was driving, lost control of his vehicle, spun 180 degrees, and wrapped the vehicle around a light pole. Emergency rescuers used the jaws of life to pry the boys out, but Berry was unconscious at the time of extraction, was in a coma until April, and ultimately died.

At the most basic level, it seems logical that Roberts should have been jailed for up to 10 years for involuntary manslaughter, driving while intoxicated, underage drinking, and consumption of an illegal substance—marijuana. But, after a less-than-four-hour trial, he walked away with a $100 fine, his license suspended for six months, and an order to attend an Alcohol Safety and Prevention class.

How could this happen?

Roberts was smart: he hired a lawyer to handle his case. During the trial, his attorney noted that the Commonwealth presented no physical evidence about Roberts’ driving behavior. Additionally, the toxicologist who presented information about the effects of alcohol and marijuana on a driver’s ability to handle a motor vehicle was vague about the actual effects.

If you should find yourself facing a DUI or DWI charge, don’t simply admit your guilt and pay the fine. Especially with the new Virginia laws that can charge up to $3,000 over three years, and a potential $1,000 fine for reckless driving, admitting your guilt becomes not only a reason for insurance companies to rack up their fines or drop you from their plans, it becomes a very costly venture that you would do well to avoid.

While alcohol-related accidents and injuries have declined for a number of years now, dropping 8 percent, the number of arrests have risen comparably. Surveillance has increased in the Northern Virginia area through more frequent check points, more intense policing, and a checkpoint publicity campaign in the state that has increased drivers’ awareness about the threats of driving with a BAC over .08.

In the Loudoun County area, the Sheriff’s deputies removed 671 drunk drivers from the roads. To assist their initiative, the office converted a surplus county vehicle into a mobile alcohol testing unit. Combined with increased number of checkpoints, drivers should be wary of drinking while under the influence. What’s more, according to Virginia statutes, a blood alcohol test is not absolutely necessary: a police officer can base his/her definition of “influence” on circumstantial evidence such as slurred speech.

The evidence overwhelmingly points to the action you need to take when faced with a DUI or a DWI: hire a good lawyer. Thomas Robl is a good lawyer located in the Northern Virginia area, working out of Leesburg to represent drivers charged with DUI or DWI charges. If you or someone you know has been involved in a drunk driving charge, please call 703 777-6787.

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Thomas J. Robl Law Firm
110 E. Market Street, Suite 100
Leesburg, VA 20176

Phone: 703 777-6787
Fax: 703 777-1313