Videos and articles to learn about defenses and how I can help you!
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 […]
MoreDriving 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 […]
MoreDriving 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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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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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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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 […]
MoreIn 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 […]
MoreVirginia 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 […]
MoreYou may have heard about “no-refusal weekends” down in Texas. They have received a lot of attention. On a no-refusal weekend, police in Texas are able to obtain a search warrant for breath and blood samples much more quickly than they usually can when a person refuses to voluntarily consent to a blood draw or […]
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Can you be charged with DUI in Virginia if you blow below a 0.08 on the breath test? The short answer is yes. Virginia DUI Laws Virginia DUI laws are quite complicated, and it doesn’t make sense a lot of times to drivers. However, Virginia DUI law says that if you blow below a 0.08 […]
MoreWas This REALLY Obstruction of Justice?
I recommend Andrew without any reservations. It was evident during our initial consultation over the phone, that I was dealing with a great lawyer. I think one of his biggest strengths is his mediation skills...
Everything involved with my case was handled in a professional and timely matter, I couldn’t be happier with the entire process and its outcome.
I was so satisfied by the clarity Attorney Flusche explained my case before the court that I have listed him as the first call my organization will make if any of my drivers are ever pulled over again in Virginia.
