Constitutional Rights

Can I Carry a Handgun in a Box in my Car?

published by Andrew Flusche on March 6, 2014

locked

Virginia law prohibits carrying a concealed weapon unless you have a permit to do so. So what about carrying a handgun inside a box of some sort in your vehicle? Is that against the law? A lot of people end up charged with this offense. Let’s say you’re pulled over for speeding, for some reason […]

Can I Petition to Have Traffic Fines Reduced Even if the Case is Old?

published by Andrew Flusche on February 21, 2014

paying traffic fines

Typically not. In Virginia you have several options if you have been found guilty of a traffic or misdemeanor offense. However, your options expire very quickly as time goes by. Your first option to try to have your fine reduced would be to file a motion to reopen the case. This option expires 60 days […]

I got Caught Shoplifting. What can I do to get it off my Record?

published by Andrew Flusche on February 18, 2014

beer runners

First of all, if you’re simply charged or alleged to have shoplifted it is not on your record yet necessarily. In the United States you are presumed innocent until you’re found guilty beyond a reasonable doubt. So you certainly have a chance to have your day in court and see if the Commonwealth can prove […]

How do Miranda Rights Apply to Virginia DUI?

published by Andrew Flusche on November 19, 2012

Many people ask me about their Miranda rights when I discuss their Virginia DUI with them. How does that apply to the case? Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic and DUI attorney. One question that comes up a lot, and that I’ve talked and written about before, is: does […]

Say No to Searches

published by Andrew Flusche on October 18, 2012

If an officer asks to search your vehicle, just say NO. Be polite, but say NO. Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic and misdemeanor attorney. Today I wanted to talk about one simple thing: if you’re ever stopped in a vehicle and the officer asks if he can search […]

Stafford Accused of Withholding Evidence – Verdict Reversed

published by Andrew Flusche on May 3, 2012

It’s fundamental that everyone has the right to a fair trial in the United States. Or is it? Apparently that right might not exist in some Stafford cases, according to a breaking news article. A judge just set aside an assault verdict where a jury convicted the defendant. The defense attorney accused the Commonwealth’s Attorney […]

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Fredericksburg Sliding Down a Slippery Alcohol Slope

published by Andrew Flusche on March 20, 2011

alcohol interdiction

A recent Free Lance-Star article caught my eye due to a dangerous precedent the city of Fredericksburg may be setting (thanks to my wife for pointing it out!). According to the article, the Fredericksburg Police Department is seeking to “interdict” city residents who frequently get DUIs or are drunk in public. What does that mean? […]

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