What Can Cause a False Positive on a Breathalyzer Test?
Many states across the nation have statutes criminalizing the operation of motor vehicles while under the influence of alcohol or other narcotics. In most cases, DUI laws prevent intoxicated drivers from operating motor vehicles and allow law enforcement to arrest individuals who violate the law. However, circumstances can arise when police officers improperly arrest or […]
MoreWhat Are the Penalties for a Fourth Offense DUI in Virginia?
Drunk driving results in the loss of thousands of lives each year across the state of Virginia. In fact, 264 of Virginia’s 827 traffic fatalities involved the presence of alcohol. Virginia criminalizes the act of operating a motor vehicle while under the influence of alcohol, and law enforcement authorities enforce DUI statutes with consistency. In […]
MoreVirginia Misdemeanor and Felony Classifications
If you’re accused of violating the law in Virginia, you may be wondering if you’re charged with a misdemeanor or a felony. The difference between a Virginia misdemeanor and a felony is what the potential range of punishments is. In general, a misdemeanor only carries jail up to 12 months, and a felony carries possible […]
MoreHow Long Does a DUI Stay on Your Record in Virginia?
Aligning Yourself with a Knowledgeable Virginia DUI Defense Lawyer Could Help You Keep a DUI Off of Your Record Every year, numerous people who have never been arrested before face DUI charges in Virginia. For many people, the only charge they ever pick up is a DUI. However, that one simple mistake that you […]
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When to Hire a Virginia Speeding Ticket Lawyer
One of the most common questions I get when people contact me about a regular speeding ticket is whether it makes sense to hire a traffic lawyer. I practice in a handful of courts around Fredericksburg, Spotsylvania, Stafford, King George, and Caroline, but these tips should apply to any situation where you have a Virginia […]
MoreIs Reckless Driving a Traffic Violation or a Moving Violation
Reckless driving is a serious driving offense for one to face. The penalties can be stiff, so it is important for anyone facing such a charge to understand the laws surrounding it. A common question I receive about reckless driving is, Is reckless driving a traffic violation, or is reckless driving a moving violation? The […]
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Virginia Open Container Law
VA Open Container Law Overview Many people don’t understand how Virginia’s open container law operates. The law criminalizes drinking while driving, and it makes convictions relatively easy to obtain. Let’s look at it. The statute (18.2-323.1) has two parts. Section A says that it’s unlawful to drink while driving. That’s pretty straightforward. The portion that […]
More3rd DUI Offense in Virginia (VA)
The information contained here is provided by experienced Virginia DUI lawyer Andrew Flusche and was last updated in January of 2021. What are the Penalties for a 3rd DUI in VA? If you already have two DUI convictions on your record, you are facing severe penalties for your 3rd DUI in Virginia. Although you might […]
MoreHow to Avoid Reckless Driving Immigration Consequences in Virginia
A resident alien, meaning a person living in the United States legally on a green card, must be very careful not to commit any criminal offenses. A conviction for any criminal offense could have severe consequences on your immigration status. Traffic offenses are typically considered minor crimes. However, if you receive a citation for reckless […]
MoreFall 2020 Scholarship Winner
We are pleased to announce the Fall 2020 Andrew Flusche Scholarship winner: Amelia Hedemark. Amelia made a super creative video PSA about how to drive courteously: Here’s a little bit about Amelia: My name in Amelia Hedemark and I’m from Raleigh, North Carolina. I attend Wake Tech Community College and plan to transfer to a […]
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