Pleading Guilty to Failure to Maintain Control
The other day I was in Stafford General District Court when a young man answered for his case on the traffic docket. The judge announced that he was charged with reckless driving for driving too fast for road conditions. The judge then asked how the gentleman pleads. The young man said, “Well, Your Honor, I […]
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Yes, You Can Afford to Hire a Lawyer!
If you’re facing a misdemeanor charge in Virginia or any kind of serious traffic ticket, one question that may be going through your mind is whether or not hiring a lawyer is affordable. You might even question if it would be worth the money. Hiring an attorney does cost money, but I suggest that it’s […]
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What Happens When You Get a DWI in Another State?
A colleague recently posed an excellent question on a national attorney listserv I participate in, and it’s one I’ve fielded for many clients as well. Below is my response. If a Virginia license holder gets a DUI in another state, Virginia DMV is EXCELLENT at getting record of that and promptly suspending the Virginia license. […]
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How to Leverage a Calibration Certificate Issue
I’ve talked and written a lot about calibration certificates. It’s one of the main defenses in a reckless driving by speed or speeding case in Virginia. The next question is: how do we actually leverage a problem? Let’s say that I found an issue with a tuning fork, radar, or lidar calibration certificate. What do […]
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Does an Out-of-State Ticket in New York go on my Virginia Record?
I regularly have clients and colleagues asking how Virginia traffic tickets work for out-of-state drivers. Recently, a colleague posted on a national attorney listserv asking how a New York “right on red” ticket would translate to a Virginia driver’s record. Virginia DMV’s rule is that IF they get record of an out-of-state conviction for a […]
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Virginia Reckless Driving Fine
If you’re facing a Virginia reckless driving ticket you may be wondering what the fine might be. Unfortunately, there is no set fine for reckless driving because it is a Class 1 misdemeanor charge. The range of fines for Virginia reckless driving can be anything from $0 up to $2,500, but note that $2,500 is […]
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Have You Viewed the Video for my Case?
Like I’ve talked about before, I always make a point of viewing the cruiser video for DWI cases, if at all possible. The prosecutors normally don’t like to talk about cases until the day before, so I try not to bug them too far in advance. Thus, I don’t normally view the video too early […]
MoreJudges Have Power to Amend DWI to Reckless Driving
The Supreme Court of Virginia recently considered (Kelley v. Stamos) whether or not a General District Court judge could amend a Virginia DWI charge to reckless driving. It’s a complicated procedural case, but the Virginia Supremes basically said that the Circuit Court couldn’t order the trial judge to find a defendant guilty of DWI. In […]
MorePleading "No Contest" Does NOT Keep Your Record Clean
I’m not sure where that myth came from, but pleading “no contest” in court doesn’t mean that your record will stay clean. Video Transcription Hello. My name is Andrew Flusche. I’m a Virginia traffic and misdemeanor attorney. Does no contest mean the charge won’t be on your record? Unfortunately, no. I’m not sure where that […]
MoreDoes a lack of a cruiser video help a Virginia DWI defense?
In every Virginia DWI case that I handle, I seek out the video if there is any. But what happens if there isn’t a video from the cruiser? Does that help our defense? Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic and misdemeanor attorney. One of the things that a lot […]
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