Handling DUI and Serious Traffic Matters in Virginia 2023

Does your practice include the defense of DUIs and other serious traffic matters? Are you looking to begin a traffic practice? This program covers DUI topics and other serious traffic matters that you need to stay up to date.

This year’s program includes an in-depth discussion on toxicological and drug recognition expert (DRE) evidence to help you better represent your clients. It provides a unique opportunity to hear a panel of judges share their views from the bench, plus an opportunity to learn from experienced defense attorneys and an assistant commonwealth’s attorney with practice pointers for handling these matters. The program ends with ethical considerations specific to traffic cases.

Topics covered this year include:

• All aspects of DUI and serious traffic matters case law and legislation
• Views from the bench presented by a panel of judges
• An examination of ethical concerns specific to handling traffic cases
• Using or excluding drug recognition experts and toxicology evidence
• Relevant substantive and procedural differences around the state of Virginia

Course Topics

Case Law and Legal Update
Judge William E. Jarvis

An update on recent DUI and serious traffic case law and legislation.

Toxicology Evidence—Fentanyl and Chain of Custody
Dr. James Hutchings, Eric Shamis

With the continuing opioid crisis in Virginia, fentanyl remains as the most prevalent opioid and the second most prevalent drugs seen in impaired driving cases. Fentanyl, being a high potency opioid, has the potential to cause severe impacts to one’s ability to safely operate a motor vehicle. Changing usage trends of fentanyl over the past decade have led to some new perspectives on the toxicological impacts of fentanyl on individuals and driving.

Chain of custody is a crucial portion of any criminal investigation involving physical evidence, including impaired driving cases. Any impact to the veracity of the chain of custody in an impaired driving case can assist in your successful defense. Appellate opinions and code sections will be discussed that can assist defense counsel in potential challenges to chain of custody in impaired driving cases.

Drug Recognition Expert (DRE) Overview
Jeff Martin, Mike Tillotson

Review the 12 steps of the DRE protocol so practitioners can issue spot.

Hypotheticals Covering Trial Issues
Moderator: Kate Fitzgerald
Faculty Panel:
Richmond: George Neskis, Tim Dustan, Tim Carwile

Join the expert panel as they work through a few creative DUI and serious traffic hypotheticals, applying what they have learned, spotting issues, developing defenses, and discussing trial tactics—from the initial consultation through pretrial preparation and conduct of the trial.

View from the Bench: A Judges Panel
Moderator: Jon Huddleston
Judges Panel:
Richmond: Judge Peter Eliades, Judge Jacqueline F. Ward Talevi
DUI Ethics
E. Kate Fitzgerald

A review of ethical and professionalism dilemmas faced by defense attorneys and prosecutors through hypothetical scenarios. This session will help you better understand the most recent Rules changes and relevant LEOs.