Can You Get a DUI for Sleeping in Your Car?
Virginia’s DUI law under §18.2-266 does not require a vehicle to be moving. Any person found intoxicated and in “physical control” of a vehicle can be charged with DUI, including someone asleep in a parked car. In Virginia, physical control is determined by factors like seat position, key possession, and whether the engine is running […]
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Driving With a Rejection Sticker in Virginia: Rules, Risks, and Your Rights
Are you driving on a rejection sticker? If so, you’re inviting the police to pull you over. Virginia law allows officers to stop any vehicle who they have a “reasonable articulable suspicion” to believe is in violation of a law. I like to refer to this standard as “more than a hunch.” This means that […]
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Penalty for Driving with an Expired License in Virginia
Driving with an expired license in Virginia is a Class 2 misdemeanor under Virginia Code §46.2-300, punishable by a fine of up to $1,000 and up to six months in jail. A second or subsequent offense is elevated to a Class 1 misdemeanor. Courts in the Fredericksburg area – including Spotsylvania, Stafford, and King George […]
MoreUnlawful Traffic Stop in Virginia: Your Rights and How to Challenge It
You have rights if you’re the victim of an illegal traffic stop. However, you’ll need an experienced and skilled defense lawyer to help you protect those rights. In Spotsylvania, Fredericksburg, and the surrounding areas, I’ve worked with many people like you to overcome the harm caused by an illegal traffic stop. Call Andrew Flusche, Attorney […]
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What Is Considered Reckless Driving in Virginia: A Comprehensive Guide
Reckless driving in Virginia encompasses a wide variety of offenses, and for the first-time ticket-holder for a reckless driving offense, you may be surprised at what exactly is considered reckless driving. Contact us today at 540-318-5824 to discuss your case and learn how we can help you. What Is Reckless Driving? When people ask what […]
MoreFighting No Insurance Tickets in Virginia
Did you know that you could be found not guilty of having no insurance even if you didn’t have insurance? Yes, it sounds crazy. But the Commonwealth of Virginia has to prove that you also didn’t pay the uninsured motor vehicle fee. If they can’t prove both parts of the statute (46.2-707), your no insurance […]
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Overview Of Virginia Uniform Summons
What Is a Virginia Uniform Summons? You may be wondering, what is a uniform summons? Is a summons a ticket? Virginia Uniform Summons is a ticket. In Virginia, when you’re given a traffic ticket and even some misdemeanor charges, the officer writes out the charge on a document called a Virginia Uniform Summons. This document […]
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Failure to Maintain Control of Vehicle VA Code § 46.2-853
In many Virginia accident cases, the Commonwealth charges at least one driver with reckless driving. The main statute used for this charge is VA Code § 46.2-853. Contact us today at 540-318-5824 to discuss your case and learn how we can help you. Key Takeaways VA Code 46.2-853 treats “failure to maintain control” or “faulty […]
MoreVirginia Ignition Interlock – From Install to Violation
What is Ignition Interlock? An ignition interlock device prevents a vehicle from starting until the driver passes a breath alcohol test.The point of ignition interlock in Virginia is to determine whether or not the operator of the vehicle has alcohol in their system. Some people refer to it as “blow and go,” because you have […]
MoreWhat Is Velocitation and What Are the Penalties?
Velocitation Definition What is velocitation in driving? Have you ever driven on a highway thinking that you are going with the flow of traffic, only to suddenly realize that you’re going a lot faster than you thought? Or have you ever exited the highway onto local roads and felt like your car was crawling? This […]
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