RECENT BLOG POSTS
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 convinced...
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...
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...
Reviewing a Police Officer’s Calibration Certificate Evidence
Photo by Markus Winkler on Unsplash In Virginia traffic cases where speeding is alleged, such as in Virginia Reckless Driving by speed cases, a traffic defense attorney should review the police officer's or trooper's calibration certificate evidence. Our clients have had their reckless driving by speed charges dismissed because Section 46.2-882 of the Virginia Code requires that "No calibration or testing of such device shall be valid for longer than six months." Certificate errors can be determinative in the outcome of a case if a traffic defense attorney can point out any deficiencies in the certificate. The most common error is where an officer has a calibration certificate but the date of the certification is just slightly outside of the 6 month window from the date of the traffic...
What is a Traffic Calming Zone in Virginia?
The other day in Virginia Beach General District Court, I sensed that a judge was evaluating whether or not to be lenient to a driver with a +5 Virginia driving record (the best point balance you can have in Virginia) for a speeding offense of 12 miles per hour over the speed limit. However, during the trial, the police officer made the comment that the defendant was in a "Traffic Calming Zone" even though he did not cite the driver for the increased fines associated with speeding in a calming zone. At that point, the judge decided not to give additional leniency to the driver. I was surprised that the area could be labelled a traffic calming zone, being that there were no speed limit or warning signs at the particular area and the road was a four lane road, with two lanes going...
SB 1335 – Confidentiality for those Applying for a Concealed Handgun Permit
Second Amendment attorneys in Virginia should be glad about recent legislative activity in Richmond. One prime example is SB 1335. On February 14, 2013, the Virginia Senate passed SB 1335, a bill protecting the personal information of those applying for a Concealed Handgun Permit. If signed by Governor McDonnell, this law would protect the confidentiality of concealed handgun permittee personal information. (Author's Update: Signed into law by Governor McDonnell on March 20, 2013.) Senator Obenshain was the original sponsor of Senate Bill 1335, which was originally intended to shield information about permits obtained by those protected by a protective order seeking confidentiality. However, the House of Delegates modified the bill to put all concealed handgun permit records...