Virginia law currently specifies the maximum speed limit as 65 miles per hour. There is one exception for Interstate 85, but everywhere else is only 65 mph.

That may change.

The Virginia House of Delegates voted today in favor of a bill to increase the maximum speed limit to 70 mph. The Associated Press seems confident that the bill will become law.

I’m a bit torn on this one. People already drive at least 70 mph on I-95. But I regularly have clients who are charged with driving 85 or 90 mph.

If we raise the legal limit to 70, I wonder if people will just drive even faster. 80 mph doesn’t seem bad then. It’s only 10 over the limit. But 80 is reckless driving, a misdemeanor.

I’m all for getting places faster, but I would hate to see more accidents on the highways.

That advice may seem obvious. But an Arizona man is being charged with speeding, reckless driving, and some other civil charges for standing up while driving almost 80 miles per hour. This video clip is astounding:

If this driver was in Virginia, he’d probably be charged with general reckless driving, which alleges that he was driving in a way that endangered the life, limb, or property of another. He’d also probably be ticketed for not wearing his seat belt, a civil penalty of $25.

I’m honestly not sure if there’s a specific Virginia statute that penalizes standing up while driving. I doubt there is, since I don’t think many people would attempt this.

If you are charged with speeding in a school zone (or reckless driving by speed in a school zone), you should definitely talk with an attorney. The posted speed limit may be illegal. If the speed limit is not correct, your case may be dismissed completely!

Virginia law sets the speed limit for all highways at 55 miles per hour. That is in Virginia Code 46.2-870. Thus, the default speed limit on all Virginia highways is 55. Any other speed must be specifically authorized elsewhere in the Code.

School speed limits are specified in 46.2-873. That section says that the speed limit for school zones is 25 miles per hour. Subsection C allows cities and towns to increase or decrease a school zone speed limit after a traffic study has proven the need for a speed other than 25.

What does all this mean?

Check the posted speed of the school zone where you were ticketed. If the speed is anything other than 25 mph, we need to talk.

ONLY cities or towns have the statutory authority to create a school zone with a speed other than 25 mph. There is at least one school zone in King George County on Route 3 where the posted limit is 35 mph. Since that school zone isn’t within a city or town, the speed limit is illegal.

Furthermore, even a city or town has to conduct a traffic study BEFORE they change the school zone speed limit from 25 mph. If no traffic study has been done, the speed limit would be illegal.

In addition to these angles, there are other potential challenges to school zone speed limits. If you’re facing a ticket in a school zone, please give me a call to discuss the situation.

Virginia is finally beginning to update the technology used in the criminal justice system.

It’s about time.

As the Free Lance-Star reports, the city of Fredericksburg is now the first locality in Virginia to have computerized tickets in police cruisers. The technology is pretty cool!

Currently, if you’re stopped in Virginia, the police write out a carbon paper Uniform Traffic Summons. They have you sign it and give you one of the carbon copies. It takes a bit of time for the officers to write out the tickets, and they’re prone to errors. Once the ticket is filed with the court, it has to be entered into the court computer system by hand. Yep. It’s inefficient.

The new system starts with the police officer scanning the bar code on your driver’s license. The cruiser’s computer pulls up your information, and the officer can enter the ticket details. He then prints it from a small printer. You sign it, and you’re back on the road.

As a traffic defense attorney, I’m excited about this development. Mainly because I think it will increase accuracy and readability of traffic tickets. It’s actually quite a pain to deal with the inaccurate data on tickets currently, including misspellings of defendant names.

Here’s my suggestion to improve the new system: Give the defendant the option to receive a copy of the ticket via email. It sounds a little crazy, but it would give people an easy copy of the ticket for their records. And they could easily forward that email to their attorney for review.

Did you know that you can be guilty of Virginia DUI for driving something other than a car?

An Ohio man apparently didn’t realize this fact in his state, when he drove a motorized bar stool after drinking. The state is trying to sell the bar stool to raise money for the local child support agency.

Virginia’s DUI statute covers operating motor vehicles, engines, or trains. The DUI statute specifically includes mopeds, even though the general definition of “motor vehicle” excludes them.

As you can see, driving under the influence encompasses much more than just cars. You could be charged with DUI for riding a moped, a go kart, or a farm tractor down the road.

The best advice for anyone who has been drinking is not to drive anything. Call a cab or walk.

Have you been charged with shoplifting in Virginia? I imagine you’re scared and worried about what you’re facing. Let’s talk about it.

Virginia shoplifting statutes

Shoplifting is a type of larceny. Depending upon the value of the merchandise in question, your shoplifting charge could be petit (petty) or grand larceny.

Any shoplifting of $200 or more is grand larceny, codified in Virginia Code Section 18.2-95.

If the merchandise is valued less than $200, it is considered petty larceny. Petit larceny is defined in Virginia Code Section 18.2-96.

Most shoplifting cases in Virginia are actually charged under a statute that makes it easier for the prosecution to prove its case. The statute makes it larceny to conceal merchandise or alter the price tag of merchandise, in order to take the merchandise.

That statute, known as “concealment,” is Virginia Code Section 18.2-103:

Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

As you can see, the concealment statute is just a specific type of larceny. Depending upon the value of the merchandise in question, your shoplifting charge could be considered petit or grand larceny.

Shoplifting punishments

If you are charged with shoplifting in Virginia, you are facing some serious punishments. At the very least, you are looking at a misdemeanor conviction. The precise punishment depends upon the type of shoplifting you’re charged with, the facts of your case, and your prior record.

Petty larceny: (theft of goods less than $200)

• Misdemeanor
• Up to 1 year in jail
• Up to a $2,500 fine

Grand larceny: (theft of goods of $200 or more)

• Felony
• Up to 20 years in jail

Defense of Virginia shoplifting

There are ways to beat shoplifting charges. Here are just a few things we will examine:

Identity – Were you the person who was seen concealing merchandise? Perhaps you were with another person who was actually doing the shoplifting.

Intent – Did you intend to steal anything? The prosecutor has to prove beyond a reasonable doubt that you actually intended to steal.

Value – How much is the merchandise worth? If you are charged with felony shoplifting, we might be able to reduce the charge to a misdemeanor by fighting the value of the goods.

If the prosecutor cannot prove the case beyond a reasonable doubt, you can beat your charge completely.

Possible dismissal

Even if there is no legal defense to your shoplifting charge, we still might be able to get your case dismissed.

If you are charged with petty shoplifting and you have a good prior record, some judges and prosecutors might agree to dismiss your case after you meet certain conditions. You would usually have to pay restitution, stay free of new charges for a period of time, perform some community service, and possibly attend anti-shoplifting classes. If you do everything you’re supposed to, your charge would normally be dismissed.

This outcome is known as a first offender disposition. It’s not always available, but it can be a great way to prevent a misdemeanor from tarnishing your clean record.

Talk to me about shoplifting

If you are charged with shoplifting in Virginia, I would love to talk with you. I usually handle cases in Fredericksburg, King George, Spotsylvania, and Stafford. I also go to other nearby counties when the need arises.

Please contact me for a free Virginia shoplifting consultation.

Hot on the heels of the mischievous traffic cat, we have another animal interaction with law enforcement.

This time it’s a wild turkey who won’t give Loudon County Animal Control officers a break. He even attacks their truck!

Sometimes traffic stops get complicated. Bystanders can get in an officer’s way. Drivers become agitated.

Due to safety and legal concerns from traffic stops, most police cruisers have dashboard cameras to record everything that happens. Some of the Virginia traffic officers I know even wear microphones on their belts to record any statements made by the stopped driver.

The camera in this Texas police car recorded interference from a furry bystander:

See the original article for more.

Thank you to my wife, Nicole Flusche, for pointing out this video!

If you are looking for help with a King George speeding ticket, you’ve come to the right place. Here are some tips and advice to deal with your ticket.

Read your ticket

Your first important step is to read the ticket you received. Some speeding tickets aren’t simple speeding tickets. Instead, they may be reckless driving tickets based on the speed you were traveling.

If you have a reckless driving ticket, many of the following tips still apply. However, it is a much more serious charge than just speeding. That’s why you need to carefully check over your ticket.

Get your record

After verifying the charge you’re facing, I suggest getting a copy of your driving record. You can do that by contacting your state’s DMV.

Your driving record will be a key piece of evidence that can decide what happens in your case. A good driving record opens up possibilities for reducing or dismissing your case.

Check the evidence

To be convicted of a speeding ticket, the Commonwealth must prove your guilt beyond a reasonable doubt. The officer will have to testify that he clocked your vehicle at the accused speed and that his radar or laser unit was functioning properly.

The officer also has to prove that his equipment has been calibrated within six months of your traffic stop. Your case could be dismissed without his calibration report.

King George speeding ticket lawyer

A speeding ticket isn’t the most serious charge in Virginia. But it may be the most serious legal issue you’ve encountered.

Since many lawyers, including myself, offer free consultations, why not take us up on it? You may be surprised at the ways I can reduce or dismiss charges, depending upon all the facts and circumstances.

I’d love to talk to you and come up with a plan together.

I was recently interviewed by the Wisconsin Law Journal regarding virtual office services. The journalist, Jane Pribek, produced a great article on the topic.

Virtual services make a lot of sense to me. My law firm operates using the best technology, service, or product for a given need. I don’t pick the most expensive option or the one that is custom-made for attorneys. I pick the option that works well and keeps overhead as low as possible.

In a lot of cases, virtual services are the best choice.