Ultimate Guide to Virginia Overweight Tickets
If you receive a ticket or citation for driving an overweight vehicle in Virginia, you must act quickly to preserve your rights and contest the citation. Even if you believe the citation is 100% accurate, the attorneys at Flusche & Fitzgerald still may be able to help you drastically reduce the fine and penalties. Contest […]
MoreOverview of Underage DUI Charges in Virginia
Like other states, Virginia imposes a minimum drinking age of 21. That means possessing, drinking, or purchasing alcohol is illegal for anyone under the age of 21. Although no one expects to face an underage DUI charge, it happens more often than you might think. In 2019, 17% of high school students reported riding with […]
MoreCommercial DUI in Virginia
Everyone with a commercial driver’s license (CDL) knows they face more scrutiny than the average driver, especially when drinking and driving are involved. CDL drivers in Virginia have a lower threshold for DUI when driving a commercial vehicle because of the inherent danger commercial vehicles present to everyone on the road. Virginia law holds CDL […]
MoreHow Many Points Will a DUI Charge Put on Your License in VA
Driving is not a “right” guaranteed under the U.S. Constitution to the laws of Virginia. The Virginia Department of Motor Vehicles (VDMV) uses a point system to rate Virginia drivers. Under this framework, those who abuse their driving privilege may incur demerit points. But how many demerit points is a DUI? The number of points […]
MoreUsing the “No-Driving Defense” in DUI Cases
Driving under the influence or DUI is a misnomer in Virginia because the law does not require individuals to be driving to be convicted. Virginia law permits convictions for DUI in cases where the accused was “operating” a vehicle even if the car was parked and not moving. As such, the no-driving defense in DUI […]
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What do You Plead at Arraignment for Possession of Alcohol While Being Under Age 21?
This is kind of a trick question unfortunately, but a lot of people have confusion about what happens at arraignment in Virginia. People see on TV such as, Law & Order where a defendant is being arraigned and he enters a plea to the charge. In Virginia for a misdemeanor, that’s not the normal process. […]
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Failure to Maintain Control Ticket = Reckless Driving Ticket
I’ve written before about single vehicle accidents and how they might be dismissed. But many people are confused about the nature of their ticket. A lot of accident tickets just have something like “failure to maintain control” written on them. It’s simply not clear what that charge is all about, until you look up the […]
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DUI Checkpoints in Virginia
The police use checkpoints or roadblocks to try to enforce different traffic laws and traffic objectives, such as catching people who are drinking while driving. If you were caught in one of these checkpoints there is good news for you. These cases can be beaten! If you have questions regarding DUI checkpoints related to your […]
MoreCan You Get a DUI on a Bike?
In many states, driving under the influence (DUI) laws apply to motor vehicles and bicycle riders. However, Virginia’s driving while intoxicated rules under Code of Virginia § 18.2-266 apply to those who drive or operate a motor vehicle, engine, or train while under the influence of alcohol. Although bicycles are not motor vehicles for the […]
MoreFive Items to Consider When Choosing Your Virginia DUI Lawyer
Virginia imposes strict penalties on drivers convicted of driving under the influence. In 2019, Virginia recorded 18,648 DUI convictions. Additionally, 264 of the state’s 827 traffic fatalities involved alcohol. Despite the number of DUI convictions, we know that not everyone accused of DUI committed a crime. If you were charged with DUI in Virginia, Andrew […]
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