RECENT BLOG POSTS
What is the Likelihood of Jail Time for Reckless Driving in Virginia?
Photo by Carles Rabada on Unsplash Reckless driving is a jailable offense in Virginia. There are a number of ways to get a reckless driving charge and the likelihood of jail will depend on the conduct alleged in each particular case. In most cases, the maximum amount of jail allowed for these offenses is a maximum of a year in jail. The likelihood of jail will depend on the facts of each case. For example, an accident caused by a misjudgment is different from an accident caused by a distracted driver on a cell phone. For reckless driving by speed, the likelihood of a jail sentence depends on the facts of your case: like the speed alleged, the posted speed limit, your past driving record, and the particular judge you appear in front of. The Virginia Code allows for a sentence of up to a...
Do I Really Need an Attorney for a Reckless Driving Charge?
Photo by Hunters Race on Unsplash The answer is YES! You do need an attorney to defend against a reckless driving charge. A reckless driving charge is not just a glorified traffic infraction, it is a criminal misdemeanor charge. In Virginia, traffic laws are very tough. Being found guilty of reckless driving means that you will have a Class 1 misdemeanor, the most severe misdemeanor charge you can get in Virginia. The judge can give you: Up to ONE YEAR in jail. (I don't want to scare you into thinking that jail time is likely in every situation. Click here to read about the likelihood of jail time for reckless driving.) A fine of up to $2,500.00. (Click here to read about the likely fine if convicted.) A suspended license for up to 6 months A conviction will...
Photo ID Bill Signed into Law by Governor McDonnell
Photo by Elliott Stallion on Unsplash On March 25, 2013, Governor McDonnell signed into law Mark Obenshain's Voter ID bill (SB 1256). I first blogged about Integrity at the Polls a few weeks ago. "Under the new law, voters will be required to show photo identification when casting a ballot, and anyone lacking ID can obtain one free of charge at their registrar’s office. Those who forget their ID when they go to the polls may cast a provisional ballot, which will be counted if they provide ID in the days following the election. These changes will take effect in time for the 2014 elections." - Virginia Senator Mark Obenshain As a family member noted to me, pushers for no ID's are for cheating. She pointed out that identification is needed to buy beer, cigarettes, and for...
Concealed Carry Confidentiality Bill Signed into Law by Governor McDonnell
Photo by Jay Rembert on Unsplash The Concealed Carry Confidentiality bill (SB 1335) sponsored by Mark Obenshain and brought to your attention in our blog post last month was signed into law by Governor McDonnell on March 20th, 2013. This is one step in the right direction ensuring that what happened when a New York newspaper published an interactive map of concealed carry permit-holders will not happen here in Virginia. As Mark Obenshain notes, this is not a gun bill; it's a public safety bill. "That New York newspaper treated law-abiding gun owners like criminals and, what's worse, it put people in danger. That shouldn't be allowed to happen here in Virginia - and with the enactment of this bill, it can't anymore." - Virginia Senator Mark Obenshain If you are not...
Senator Rand Paul Thinks Like A Defense Attorney
Photo by Anthony Garand on Unsplash Some of my friends are big on human rights and individual liberties. Others more theologically inclined point to the fact that man is made in the image of God, and hence, they prefer to use the language of human dignity and worth derived from the fact that men and women carry the imago dei ("the image of God"). Whatever language you prefer, as Kate Obenshain notes, Senator Rand Paul has been courageous to stand up to the overreaching of the U.S. Attorney General (Eric Holder) and the Obama administration. Senator Rand Paul's filibuster on March 6, 2013, was sparked by a letter from Eric Holder responding to the question of whether drone strikes can be used against American citizens on American soil, where Mr. Holder stated: “. . . it is possible,...
May I use a Radar Detector in Virginia?
Photo by Erik Mclean on Unsplash If you have seen the signs on the Virginia border, you know that radar detectors are illegal in Virginia. Va. Code § 46.2-1079 explains: It shall be unlawful for any person to operate a motor vehicle on the highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the highways of the Commonwealth for law-enforcement purposes. The officer doesn't have to prove that the radar detector was on or in use for you to violate the code section. To be safe, you should make sure that the radar...
Reckless Driving for Passing a School Bus
Photo by Marcelo Cidrack on Unsplash A driver that passes a school bus can be charged with reckless driving under Va. Code § 46.2-859. Reckless driving is a class 1 misdemeanor. This means a disposition could include a potential fine of up to $2,500, and a potential jail sentence of up to 12 months. The offense carries six DMV points and stays on record for 11 years. Va. Code § 46.2-859 explains: "A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway...
The Need for Integrity at the Polls
Photo by Element5 Digital on Unsplash Results of a Quinnipiac University poll released in February 2013 indicate that Virginia voters favor a photo ID policy by a 3-1 margin statewide. The Virginian-Pilot summarizes: Asked, "Do you think voters should or should not be required to show a photo identification before they are allowed to vote on Election Day in Virginia?" 75 percent of respondents said they should be required, compared with 23 percent who didn't agree. State Senator Mark Obenshain has been calling for voter reforms for years. This is extremely important for democracy to function because citizens need confidence in the election process. The current momentum in support of Voter ID's may be in part a response to the scandal involving U.S. Rep. Jim Moran, D-Arlington,...
Can I Text While Driving in Virginia?
Photo by Ryan Porter on Unsplash A better question is, should I text while driving in Virginia? Texting while driving in Virginia is a secondary offense codified in Va Code § 46.2-1078.1. It states: A. It shall be unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1. Manually enter multiple letters or text in the device as a means of communicating with another person; or 2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information. However, the Virginia Code goes on to explain that texting while driving is a...
Should I Hire a Spotsylvania DWI Lawyer?
Guest post by Attorney Andrew Flusche. If you're charged with DWI in Spotsylvania, you really need to be thinking about whether or not to hire a lawyer. That applies to any DWI in Virginia, whether you're charged in the Virginia Beach area, where my friend Peter practices, or in the Fredericksburg / Stafford / Spotsylvania area, where I practice. Everyone knows that a DWI charge in Virginia is a serious offense. It's a class 1 misdemeanor and it carries the possibility of up to a year in jail with up to a $2,500 fine and one-year mandatory loss of your license if you are found guilty. The year in jail does not usually happen in most cases. Typically, you may be looking at only a few days in jail and in some cases no jail at all. But the license suspension is mandatory if you're found...