Biography of J. Burkhardt Beale

Graduated from The University of Virginia in 1977 with a B.A. degree and from Washington and Lee University School of Law in 1980 with a J.D. degree.

Since graduating Mr. Beale began focusing his practice on DUI defense in 1982 when the laws in Virginia were changed prohibiting the court from reducing the charge after a probationary period.

Four of his cases have been cited as THE CASE OF THE YEAR in the annual reviews by commentators in Virginia having the most impact on the existing laws of the state which are Zimmerman v. Commonwealth, Basfield v. Commonwealth, Lash v. County of Henrico, and Taylor v. Commonwealth.

Zimmerman held that the mere fact of switching drivers did not create a reasonable articulable suspicion to stop and became the precursor to Virginia's drug courier profile cases.

Basfield established a seven day rule enforcing Virginia Code Section 19.2-187 to blood testing in DUI cases which had previously been applied only to drug cases prior to its ruling.

Lash applied a statutory double jeopardy provision in a traffic stop for both reckless driving and eluding a police officer.

Taylor found (1) that the Virginia Model Jury Instruction on the presumptions created by a person's BAC to be inaccurate and (2) that the trial judge failed to exercise the appropriate discretion in denying Taylor an opportunity to attend the VASAP program and gain the benefit of a restricted driver's license.

Based upon his appellate successes and his determined defense of those charged with a DUI, Boone Beale was invited to be a FOUNDING MEMBER OF THE NATIONAL COLLEGE FOR DUI DEFENSE.

Mr. Beale has been a regular Virginia CLE, VTLA and VACDL speaker on the subject of DUI defense and has edited and been a contributing author on CLE publications along with treatises on DUI defense.