Wednesday, August 22, 2007

Taxes & Foreign Companies: Another Testimonial

Gross & Romanick recently prepared a legal memorandum with an analysis regarding the income, sales and use taxes owed by a foreign (U.K.) company to the U.S. and state governments for the sale of software and support to a U.S. company. Delivery, use and support will all take place in the U.S.

The client commented: "This memorandum is exactly what I was looking for. Please pass on my thanks to your legal staff, and complements on the clarity of the analysis."

Thursday, August 9, 2007

Gastric Bypass Surgery & DWI

The lawyers at Gross & Romanick, P.C. in Fairfax Virginia staying at the forefront of the latest legal defenses has taken note that new studies published earlier this summer reveal that individuals are likely to become intoxicated faster after having gastric bypass surgery.

An article in the Washington Post on June 14, 2007 reports that a study conducted by Dr. John Morton, director of bariatric surgery at Stanford Hospitals and Clinics reveals that, on average, individuals that have had gastric bypass surgery will reach a peak BAC of 0.08 after five ounces of red wine and that alcohol will remain in the individual’s system for, on average 108 minutes. Furthermore, according to the study, approximately 1 in 10 patients of gastric bypass surgery will reach a peak BAC level of 0.15 after only one drink. Conversely, the study reveals, an individual that has not had gastric bypass surgery will reach a peak BAC of only 0.05 and the alcohol will remain in their system for only 72 minutes.

The Washington Post reported that an October 2006 show Oprah Winfrey did on gastric-bypass surgery has “led researchers to confirm that gastric bypass causes people to get drunk faster”. According to Dr. Joaquin Rodriguez, assistant professor of surgery at Texas A&M Health Science Center College of Medicine, patients of gastric bypass surgery “need just to be aware that the same amount of alcohol may affect them differently than someone who hasn’t had a gastric bypass”. Doctor Morton of Stanford Hospitals and Clinics was quoted to say “patients may have high breath alcohol level and not be aware of it”.

The attorneys at Gross & Romanick, P.C. are concerned that gastric bypass patients may find themselves being wrongfully accused of drunk driving in Virginia based upon the traditional measures of Blood Alcohol Levels on a breathalyzer machine which takes a sample of breath up to three hours after the initial stop by the police. Even more alarming is the fact that gastric bypass patients may be inadvertently discriminated against because Virginia has enacted enhanced penalties and mandatory jail for driver’s who show a BAC level in excess of .15.

Jeffrey S. Romanick of Gross & Romanick, P.C. was quoted as saying “[t]he revelations in the study conducted by Dr. Morton open a host of potential defenses to gastric bypass patients wrongfully accused of drunk driving.”

For more information on the effect of alcohol on patients with gastric bypass surgery, see Amanda Gardner’s article, “Drunkenness Comes Faster After Gastric Surgery” in the June 14, 2007 edition of the Washington Post.

Friday, August 3, 2007

Virginia Sharply Increases Fees for Traffic Convictions

Starting July 1, 2007, Virginia courts started assessing “civil remedial fees” against Virginia residents convicted of certain misdemeanor or felony traffic violations on Virginia highways. These new fees will be assessed in addition to the existing fines for such traffic convictions, and will be used to fund the Commonwealth’s various transportation needs. These fees will be imposed in three equal parts: you’ll have to pay the first part immediately upon conviction, the second part within 14 months of conviction, and the third part within 26 months of conviction.

It’s essential to get legal counsel to represent you in traffic court if you’re charged with a traffic violation carrying a civil remedial fee. Why? An experienced attorney can greatly reduce the chances that you’ll be convicted of the violation and be required to pay the associated fee—thus decreasing the total costs associated with your offense.

Here’s a list of several traffic violations and the associated civil remedial fees:

Driving with a suspended or revoked license $750
Driving without a driver’s license $900
Aggressive Driving $1,050
Reckless driving (misdemeanor) $1,050
Reckless driving (felony) $3,000
DWI/DUI (first or second offense) $2,250
DWI/DUI (third offense) $3,000

For a complete list of traffic violations carrying civil remedial fees, click here.

If you’ve been charged with a violation subject to these new civil fees and want representation, contact Gross & Romanick, P.C. at (703) 273-1400 or visit our website at www.gross.com.

Thursday, August 2, 2007

Bereavement Is Factor In Successful Fairfax DWI Representation

James Anderson (not his real name) was accused of drunk driving and involved in a single car accident. While Anderson was grieving over the recent loss of his spouse, Jeff Romanick of Gross & Romanick, P.C helped him avoid a DWI conviction by convincing the Commonwealth Attorney's office to reduce the charges. Anderson wrote to Mr. Romanick: "Thanks again for the help and counsel. I will gladly refer people to you and your firm."