Is a Copy of a Virginia State Police Calibration Acceptable for Court?
One of the biggest issues in a speeding or reckless driving case in Virginia is whether or not the officer has the proper calibration paperwork to prove their case. In some cases, what the officer will have is a copy of a calibration. Is a Virginia State Police calibration copy good enough? The key issue […]
MoreOverview For SB 1182’s Increased Motor Vehicle Liability Insurance Coverage
According to a report published by the Virginia Department of Motor Vehicles, approximately 105,600 car crashes occurred in Virginia in 2020. These crashes resulted in approximately 52,668 injuries and 847 fatalities. Additionally, car accidents typically cause thousands of dollars in damage between repair costs and medical bills. But how are these expenses paid after a […]
MoreUltimate Guide to Virginia Overweight Tickets
If you receive a ticket or citation for driving an overweight vehicle in Virginia, you must act quickly to preserve your rights and contest the citation. Even if you believe the citation is 100% accurate, the attorneys at Flusche & Fitzgerald still may be able to help you drastically reduce the fine and penalties. Contest […]
MoreOverview of Underage DUI Charges in Virginia
Like other states, Virginia imposes a minimum drinking age of 21. That means possessing, drinking, or purchasing alcohol is illegal for anyone under the age of 21. Although no one expects to face an underage DUI charge, it happens more often than you might think. In 2019, 17% of high school students reported riding with […]
MoreCommercial DUI in Virginia
Everyone with a commercial driver’s license (CDL) knows they face more scrutiny than the average driver, especially when drinking and driving are involved. CDL drivers in Virginia have a lower threshold for DUI when driving a commercial vehicle because of the inherent danger commercial vehicles present to everyone on the road. Virginia law holds CDL […]
MoreHow Many Points Will a DUI Charge Put on Your License in VA
Driving is not a “right” guaranteed under the U.S. Constitution to the laws of Virginia. The Virginia Department of Motor Vehicles (VDMV) uses a point system to rate Virginia drivers. Under this framework, those who abuse their driving privilege may incur demerit points. But how many demerit points is a DUI? The number of points […]
MoreUsing the “No-Driving Defense” in DUI Cases
Driving under the influence or DUI is a misnomer in Virginia because the law does not require individuals to be driving to be convicted. Virginia law permits convictions for DUI in cases where the accused was “operating” a vehicle even if the car was parked and not moving. As such, the no-driving defense in DUI […]
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What do You Plead at Arraignment for Possession of Alcohol While Being Under Age 21?
This is kind of a trick question unfortunately, but a lot of people have confusion about what happens at arraignment in Virginia. People see on TV such as, Law & Order where a defendant is being arraigned and he enters a plea to the charge. In Virginia for a misdemeanor, that’s not the normal process. […]
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Failure to Maintain Control Ticket = Reckless Driving Ticket
I’ve written before about single vehicle accidents and how they might be dismissed. But many people are confused about the nature of their ticket. A lot of accident tickets just have something like “failure to maintain control” written on them. It’s simply not clear what that charge is all about, until you look up the […]
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DUI Checkpoints in Virginia
The police use checkpoints or roadblocks to try to enforce different traffic laws and traffic objectives, such as catching people who are drinking while driving. If you were caught in one of these checkpoints there is good news for you. These cases can be beaten! If you have questions regarding DUI checkpoints related to your […]
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