Andrew, Fredericksburg Lawyers Podcasts

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Business tips from your Fredericksburg lawyer Primary Format : Law Language : Unknown Also Listed as: City : Fredericksburg State/Province : VA User Tags: User Votes: RSS Feed Website People found this Podcast Searching for: View this Podcast on a Google Map. Podcast iTunes Link Text Only listing of Andrew, Fredericksburg Lawyers Podcasts Methings.com listings of Andrew, Fredericksburg Lawyers Podcasts If you like this podcast, you might also like:

Be Nice to the Officer! I write a lot about exercising your rights in traffic stops and how you can refuse things like road-side DWI tests. But does that mean you should be rude to the officer? NO!! Here’s three reasons to always be polite to them, even if you refuse to do what they ask: 1. Law enforcement officers [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website You CAN Refuse Road-Side DUI / DWI Tests Did you know that you CAN legally refuse road-side DUI / DWI tests, such as the walk-and-turn test and the handheld breath test? Those tests can significantly hurt your case at court, and it might help your case if you do refuse to perform them. However, in Virginia, you must do the breath test at [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Can You Explain Old Convictions in Court? A lot of times people want to explain old convictions when they appear in court for a new offense. Can you? Yes and no. Typical lawyer answer. If you’re in front of a judge for a traffic or misdemeanor case, your driving record and/or criminal history may come into evidence for sentencing. For sentencing purposes, [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Free Seminar for Consumers – Jan 26 A good friend of mine, Mitchell Goldstein, is holding a FREE consumer seminar down in Caroline County. It will cover topics regarding your house, your business, and protecting yourself from debt collectors. There’s literally something for everyone! Thursday, January 26 7-8pm 7350 Ladysmith Rd Ruther Glen, VA Check out the full details on the flyer [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Reckless Driving Defense If you’re charged with Virginia reckless driving, you need to call an attorney. You’re facing a misdemeanor conviction that could possibly cost your driver’s license or jail time. Fortunately, the reckless driving charge might be dismissed or reduced depending upon the facts of your case and your driving record. Transcription Hello, my name is Andrew [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Great Reckless Driving Result in Stafford I’ve written before about fighting calibration certificates in reckless driving by speed cases. The other day in Stafford General District Court, I had a great opportunity to put that into action. Required notice from the Virginia State Bar: NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. PREVIOUS [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Defending Virginia Possession of Marijuana Cases You may have a defense to a possession of marijuana charge, especially if the marijuana wasn’t found on your person. Transcription Hello, I’m Andrew Flusche. I practice Virginia traffic and misdemeanor defense. If you’ve been charged with possession of marijuana, there is a lot you need to know about the case, about the charge and [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Check Points and Road Blocks for Virginia DUI / DWI If you were arrested for Virginia DUI / DWI at a check point or road block, we need to talk. These stops are regulated closely, and we may have a defense to the charge. Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney, and today I wanted to talk to you about [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website License Suspension for Possession of Marijuana Will you lose your license for a possession of marijuana charge? It depends. Virginia law requires six months license suspension if you are convicted of possession of marijuana. That applies even if you weren’t anywhere near a vehicle at the time of the offense. Even if you get a first offender disposition in court, your [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fight Your Possession of Marijuana Charge If you’ve been charged with possession of marijuana under Virginia Code 18.2-250.1, you need to talk to a defense attorney ASAP. You may be able to beat the charge or at least be eligible to have it dismissed with community service. There are several angles for us to examine in any possession of marijuana case: [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia License Offenses There are multiple types of license-related offenses in Virginia. They vary in many respects, and it can be quite confusing to sort through them all. If you’re facing a violation for a license offense, this article will shed some light on your situation. No license in possession The lowest level of license-related offense is not [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What is Virginia Aggressive Driving? Aggressive driving is a misdemeanor in Virginia. If you’re charged with it under 46.2-868.1, you should consult an attorney to prepare a defense. Hello, I’m Andrew Flusche. If you’re charged with aggressive driving in Virginia, you need to understand what you’re charged with. It is a misdemeanor. It could be a class 1 or class [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Single Car Accidents Might be Dismissed Drivers involved in single car accidents are typically surprised when the nice Trooper gives them a reckless driving ticket. Unfortunately, it happens every day in Virginia. Even if no one is injured and no there is no serious property damage, you may still be charged with a misdemeanor offense. Here’s the good news: you may [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Call a Traffic Lawyer If you get a traffic ticket or misdemeanor charge, everyone’s going to have advice. But you need to talk with an experienced attorney to know for sure what to do. Transcription Hello, I’m Andrew Flusche, a Virginia traffic attorney. If you’re facing any kind of traffic or misdemeanor offense, you really need to talk to [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website National Motor Club – Traffic Defense Reimbursement Did you know that the National Motor Club might pay for you to hire a traffic attorney to fight a moving violation? That’s right: members may be eligible for reimbursement up to $2,000. I unfortunately don’t have the details on how the reimbursement works and what limits may apply for specific types of tickets / [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website If in an Accident, Say “I Don’t Know”! If you’re involved in an accident, you don’t have to tell the officer what happened. You can’t lie under oath in court, but on the scene you can and SHOULD say “I don’t know” or “I’m not sure.” Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic lawyer. If you happen to [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Hyatt Legal PlansTM – Reimbursement for Traffic Attorney Note: I am NOT affiliated with Hyatt Legal PlansTM or MetLife® in any capacity. “Hyatt Legal Plans” may be a trademark of Hyatt Legal Plans and/or MetLife. Are you or a member of your family a member of Hyatt Legal PlansTM? If so, you may be eligible for reimbursement for some of the costs of [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Hyatt Legal Plans – Reimbursement for Traffic Attorney Are you or a member of your family a member of Hyatt Legal Plans? If so, you may be eligible for reimbursement for some of the costs of hiring a traffic attorney. What is Hyatt Legal? Hyatt Legal is sometimes provided as an employee benefit. It’s sort-of like insurance for legal matters. When you need [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website It Wasn’t My Car! If you are accused of a traffic violation or misdemeanor vehicle offense, you may not get far with the argument that “it wasn’t my car!” Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic lawyer. Today I wanted to talk to you about one thing that clients tell me a lot when [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Reckless driving – fail to maintain proper control – 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 46.2-853. That statute is fairly brief: A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Rejection Stickers Provide Legal Stops 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website The Officer’s Word May Be Enough If you’re charged with a traffic or criminal offense, listen up: The officer’s WORD may be enough to convict you. Yes, you read that right. The officer’s sworn testimony alone may be the only evidence against you. And it may lead to a conviction. Clients seem surprised to learn this. I suppose TV has convinced [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Don’t Drive in a Hurricane As of 4pm today, Hurricane Irene had already caused 152 vehicle crashes on Virginia’s roadways. And those are just the ones handled by the Virginia State Police. The Fredericksburg area is in Division II, which had 17 of those 152 crashes. I’m sure there are many more by now and other incidents that were handled [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website DUI on a Beer Cooler How do you get charged with DUI on a beer cooler? You add a motor. That’s what this guy did. Apparently he and his friends decided it would be cool to make a beer cooler scooter. Unfortunately, he test drove it after drinking all night while building it. If this guy was in Virginia, he [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Hire an Experienced, Local Traffic Attorney If you have a traffic charge, I recommend working with an attorney who regularly handles traffic violations in that specific court. You need an experienced attorney on your side. Transcription Hello, I’m Andrew Flusche and I’m a Virginia traffic attorney. Today I wanted to talk to you about the importance of working with an attorney [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fix Your Virginia Suspended License If your Virginia license is suspended, you can’t drive until you get it fixed. Here are some tips on how to reinstate your license. Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney. Today I wanted to talk to you about what to do if your license gets suspended. A lot of [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What is VASAP? What is VASAP? It’s the Virginia Alcohol Safety Action Program. For certain offenses in Virginia, VASAP is mandatory. Transcription Hello, I’m Andrew Flusche. I’m a Virginia traffic attorney. Today I wanted to answer a common question that clients ask when they’re charged with a DUI or DWI in Virginia. One thing that comes up is [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Challenging Julie Pacino’s DUI Checkpoint Stop I’m not one for gossip, but the news that Julie Pacino was arrested for DUI at a checkpoint in New York provides for a great teaching moment. One of the main defenses we analyze for any DUI charge is whether the officer legally stopped your car. Many times that’s pretty clear, such as stops for [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Will Reckless Driving Put Points on My Driving Record? If you’re charged with reckless driving in Virginia, you may be wondering about the possible demerit points on your driving record. Frankly, it’s confusing. And there’s lots of conflicting information in the internet. Let me clear up the subject for you. For Virginia license holders If you have a Virginia driver’s license, a conviction of [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website DWI Turns Into Involuntary Manslaughter The Free Lance-Star reports that a Spotsylvania man is now charged with involuntary manslaughter due to an accident that occurred when he was alleged to have been driving under the influence. The defendant was first just charged with DWI and driving on a suspended license, but the Commonwealth added the manslaughter charge later on. During [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website 2,805 Reasons Virginia is Tough on Traffic Violations That’s how many reckless driving tickets were issued in Virginia on Independence Day weekend this year. 2,805, as reported by the Free Lance-Star. In addition to all those reckless driving tickets, 10,462 speeding tickets were written. I don’t have to tell you that’s a whole heck of a lot of tickets for a single weekend. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Defending You Tooth and Nail What does it mean to be a traffic and criminal defense lawyer? My job is to defend you tooth and nail. You are my one and only responsibility. I have to fight as hard as I can to get your case dismissed. PERIOD! Even if the prosecutor does his job and the ticketing officer does [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Paying Traffic Tickets? – Call Me! Do you have a Virginia traffic ticket that you’re planning to pay? Please call me first! You may have other options. If it’s before your court date If the date on your ticket (i.e. Virginia Uniform Summons) hasn’t come yet, you may be thinking about prepaying the ticket. Before you do that, you need to [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Reckless Driving Lawyer One of the main services I provide for clients is defending reckless driving tickets. I’m your Virginia reckless driving lawyer. If you have a reckless driving ticket in Spotsylvania, Stafford, Fredericksburg, King George, or Caroline, we need to talk. What is reckless driving? There are many varieties of reckless driving in Virginia. The most common [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How Should I Plead In My Traffic Case? Many potential clients ask me “How should I plead?” Unfortunately, I can’t answer that without first examining every aspect of the case. This video explains a little about the different plea options and how we decide together what you should plead. Video transcription I had this video transcribed for visitors who prefer to read the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beat It: Passing a Stopped School Bus In my passing a stopped school bus video, I talked about the legal flaw that can help beat these tickets. There are other ways to win as well, as illustrated by a recent King George case I handled. Required notice from the Virginia State Bar: NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website But the Officer Didn’t Pull Me Over Most of the people I talk with get pulled over by a deputy or trooper. However, in a few cases the defendant says, “but the officer didn’t pull me over.” What’s up with that? I’ve heard people say that for charges ranging from DUI to reckless driving to driving on a suspended license. Sometimes people [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Your Driving Record Impacts LIFE Insurance Did you know that your driving record can impact life insurance? I didn’t. I’m in the process of getting a new life insurance policy. One of the questions was: Has your driver’s license been suspended, or have you had a moving violation in the last 3 years? Wow! Not only did they inquire about ANY [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beat a Check Point Stop Based on Time Were you stopped by the police at a check point or road block? If so, that’s the first thing we have to look at in your case. If you’re charged with driving on suspended or DWI due to that stop, the case could be dismissed by beating the stop. I had a recent Stafford case [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website DWI 2nd Offense – A GREAT Result I just finished a case that I’d love to tell you about. My client was charged with DWI 2nd offense within 5 years. After a long day in court, he got a great result. (Of course I won’t be using any names out of the utmost concern for confidentiality.) But first, a required noticed from [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website You May Be Not Guilty of Passing a Stopped School Bus The Virginia General Assembly made a mistake in the statutes that penalize passing a stopped school bus. Depending upon the offense date for your case, the charge may be beatable. I’ll explain how this turned out for one of my recent cases. NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Will an Out-of-State Ticket Follow You Home? You’ve gotta love legal questions. No matter what the question is, the answer is usually “it depends.” This is one of those scenarios. Clients who have a driver’s license from another state usually ask me how a Virginia conviction will affect their driving record. If I could accurately predict that, I’d be rich. I could [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What is Improper Driving in Virginia? If you are charged with reckless driving in Virginia, you need to know about improper driving. It’s a statute that enables the judge to give you a break down to a traffic infraction, instead of a class 1 misdemeanor. Transcription Hello, I’m Andrew Flusche. Today I wanted to talk to you about improper driving. Improper [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Do You Have to Go to Court? Like many things in the law, it depends. If you get a ticket in Virginia, there is a box that says you can avoid coming to court if it’s checked. Depending upon the alleged violation, that box may or may not be checked. If that box IS checked, you should be able to prepay the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Driving on a Suspended License is Serious If you are charged with driving on a suspended license in Virginia, don’t write it off as a “fix it ticket.” The charge most likely won’t be dismissed simply by getting your license fixed. Talk to a lawyer who can tell you what you’re really facing. Transcription I had this video transcribed for visitors who [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Speed Cameras on I-95 in South Carolina If you’re driving through Ridgeland, South Carolina, beware. They have speed cameras on I-95. Yep, speed cameras on the interstate. According to MSNBC, the town has a van equipped with speed cameras. They park it on the side of the interstate. As someone speeds past, the computer takes a picture and initiates a ticket being [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Check the Officer’s Tuning Fork Calibrations Virginia law enforcement must prove that their radar or lidar equipment was calibrated within the six months prior to your stop. If they can’t prove that, a speed case should be beatable. I’ll explain how that argument worked for a client in a Fredericksburg reckless driving by speed case. Required notice from the Virginia State [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fire Truck Used for DUI and Reckless Driving Yep. You read that correctly. Apparently some Loudoun County volunteer firefighters thought it would be a good idea to drink and then hop in a fire engine. If that’s not bad enough, they also had on board a member of Leesburg’s finest and someone from the Loudoun County Fire Rescue Commission. But wait, it gets [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fredericksburg Sliding Down a Slippery Alcohol Slope 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? [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Another Great School Zone Ticket Result Before I tell you about a great case from last week, the Virginia State Bar wants you to know: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS THAT ARE UNIQUE TO EACH CASE. PREVIOUS RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN A FUTURE CASE THAT I UNDERTAKE. Got it? Every case is [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Stopped for Evading a Roadblock? The police love using roadblocks to check for DUI and license-related violations like driving on a suspended license. Did you know that evading a roadblock isn’t illegal in Virginia? To be legally stopped *before* you hit the roadblock, you must do something suspicious. Transcription I’ve had this video transcribed for visitors who prefer to read [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beware of Virginia’s Open Container Law Many people don’t understand how Virginia’s open container law operates. The law criminalizes drinking while driving, and it makes convictions relatively easy to obtain. Let’s look at it. The statute (18.2-323.1) has two parts. Section A says that it’s unlawful to drink while driving. That’s pretty straightforward. The portion that snags people is Section B. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Save Yourself a Trip to Court with a Virginia Traffic Lawyer One great reason to call a Virginia traffic lawyer: it might save you from coming to court. A defendant from California learned the hard way that traveling in from out-of-state doesn’t necessarily beat the charge. Transcription I’ve had this video transcribed for visitors who prefer to read the content. Hello, I’m Andrew Flusche. Today I [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Using the GPS Defense in Traffic Court A lot of people think they’re lawyers when traffic court is involved. They read “beat your ticket” books, research tips online, and go to court alone. Sometimes it actually works. The real problem occurs when the people who get a good result tell others what they did even though they don’t understand the law. A [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Challenge the Stop to Beat the Charge Most traffic cases involve a stop of a moving motor vehicle. In cases such as DUI / DWI and driving on a suspended license, the stop itself is critical to the government’s case against you. I’ll save you from the technical legal points. Here’s the gist: The U.S. Constitution guarantees us the right to be [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Don’t Invite the Officer to Add Evidence I was recently waiting in court for a client’s reckless driving charge. I overheard another case that shocked me. A driver was charged with reckless driving by speed. The officer testified to the basics of the case. He clocked the defendant going X speed, it happened in Spotsylvania County, etc. Then the driver’s attorney cross-examined [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Reckless Driving Changes Currently Pending Virginia’s laws on reckless driving are already complicated. There are fourteen different varieties of this misdemeanor traffic offense. If the General Assembly has it’s way, the laws will continue to grow. Several bills are pending in the 2011 Virginia General Assembly to alter reckless driving laws. These are just few that caught my attention. I [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Reason 273 to Call a Lawyer for Your Reckless Driving Ticket True story from Stafford General District Court this morning: The judge called a defendant’s name. The young lady approached the podium, and the judge read out that she was charged with reckless driving for going 85 in a 65 mph zone. So far, that’s pretty ordinary. The defendant proudly told the judge that she had [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fighting 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How to Read Speedometer Calibrations Speedometer calibrations can be great tools for speeding and reckless driving defense. However, you need to know what to look for on the calibration report. Don’t go into court unprepared. Transcription I’ve had this video transcribed for visitors who prefer to read the content. Hello, I’m Andrew Flusche. Today I wanted to talk a little [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Reckless Driving on a Moped Virginia reckless driving encompasses all vehicles that can transport humans, except human-powered devices. So you can be charged with reckless driving on a moped. Transcription I’ve had this video transcribed for visitors who prefer to read the content. Hello, I’m Andrew Flusche. I’m talking to you today about reckless driving in vehicles other than cars. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Commercial Drivers May Have New Traffic Option Commercial drivers have a hard job to do. They’re integral to our economy, and yet they get little respect. Virginia law even prohibits them from attending driving school to reduce or dismiss a traffic ticket. Virginia Code 46.2-505 says that judges cannot use driving school for any holder of a commercial driver’s license or any [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Ticket Could Cost $400 on Insurance Rate If you have a Virginia traffic ticket or misdemeanor summons, you should think about the possible impact on your insurance rates. Did you know that even a basic ticket could really cost you? A friend recently came to me with a simple speeding ticket for 16 mph over the limit. That’s a ticket that many [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website 52-Vehicle Crash in Snow on I-95 Northern Virginia got a little snow this morning. An inch. That single inch of snow caused a 52-car pileup on I-95 in Prince William County. It all started when a truck and a semi collided. I suppose the other 50 cars simply weren’t able to stop in time. A massive domino effect ensued. I’ll bet [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Father Ticketed on Way to Hospital I’m a defense attorney. I fight traffic and criminal charges for people. But I can see why the Trooper wrote this guy a ticket. The defendant’s wife was in labor in the passenger seat. They were on their way to the hospital. So he drove 102 mph. The video explains. My analysis is below that. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Pedestrian Hit on I-95 Back in October, I wrote about two people being convicted in Stafford County for being a pedestrian on the interstate. The Free Lance-Star reported today that a Spotsylvania County resident was hit on I-95 in Stafford. The story doesn’t say if the man survived, but apparently his injuries were severe. This is exactly why the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Don’t Break the Law at Court If you’re going to court for a criminal charge, don’t violate that same law at court. You could end up in handcuffs, like the guy I saw in Spotsylvania General District Court. Transcription I’ve had this video transcribed for visitors who prefer to read the content. Hello, I’m Andrew Flusche. I’m astounded when people go [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Watch Out for I-95 Speed Limits As I wrote earlier this year, the speed limits in Virginia are changing. As of July 1, 2010, the maximum possible speed limit is 70 mph. But don’t go 70 unless the signs are posted. That’s the key. You have to watch the signs on the interstates in Virginia. The speed limit can vary anywhere [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Bring Proof for Fix-It Tickets If you have a “fix-it ticket,” such as expired registration or improper exhaust, don’t go to court empty handed. Learn what type of proof you should bring with you. Transcription I had this video transcribed for visitors who prefer to read the content. Hello I’m Andrew Flusche. In traffic defense there are a number of [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Use Care When Changing Your Virginia Traffic Court Date If you have a Virginia traffic ticket, you have to be extra careful when attempting to change the court date. Don’t make a mistake or assume the clerk processed your fax. You could end up convicted in your absence. Transcription I’ve had this video transcribed below for visitors who prefer to read the content. Hello [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How Can I Undo a Traffic Conviction? – Appeal or Reopen Lots of people call me after missing their Virginia traffic court date or getting a result they’re unhappy with. Fortunately, there are some options in Virginia. You may be able to appeal the conviction or reopen the case. Transcription I’ve had the video transcribed below for visitors who prefer to read the content Hello, I’m [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Media Misleads Us in the David Weaving Case A Connecticut case caught my attention today. David Weaving was convicted of manslaughter and sentenced to 10 years in prison for striking and killing a 14-year-old bicyclist. That’s an incredibly sad case, and my heart goes out to the family of the victim, Matthew Kenney. But the media is being despicable in the recent civil [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Driving School Before Court – Think Twice If you have a Virginia traffic ticket, you might be thinking about doing a driver improvement clinic in preparation for your court date. But did you know that doing that could hurt your case? Let me explain why. Virginia’s driver improvement clinics are designed to teach people how to drive safer. You can attend a [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What Happens if the Officer Doesn’t Show? A lot of people think that traffic cases are automatically dismissed if the officer doesn’t come to court. And they think we can continue the case to make the officer less likely to show up. Unfortunately, those are basically traffic defense myths, at least for Virginia traffic cases. Transcription I’ve had the video transcribed below [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Accident Reports Don’t Count in Court The other day in Spotsylvania I saw a gentleman representing himself on a reckless driving accident ticket. The Trooper testified about his investigation of the accident. Then another driver who was involved testified about what he did and saw. Then the defendant started explaining all the inaccuracies he found in the Trooper’s accident report. The [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Watch Out for Pedestrians on the Interstate I was sitting in Stafford General District Court today when the judge called a case for “being a pedestrian on the interstate.” I honestly had never seen a case regarding that statute, so I was quite interested to hear what happened. The Trooper testified that he saw two young ladies on foot in the middle [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Are You Facing Jail for Virginia Reckless Driving? If you have a Virginia reckless driving ticket, you’re probably concerned about the possibility of jail time. Whether or not you’re actually going to jail depends upon the unique facts of your case, as well as the local judge and prosecutor. Here are my thoughts on jail for cases in the Fredericksburg, Spotsylvania, and Stafford [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Paying Tickets Doesn’t Keep Your Record Clean I talk to people quite often who tell me that their driving record should be clean. They say things like “I’ve received tickets, but I paid them.” Paying a fine doesn’t keep your record clean. Nope. In fact, if you have to pay a fine, that most likely means you were found guilty of the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fighting Virginia Radar / Lidar Calibration Certificates If you have a ticket for speeding or reckless driving by speed in Virginia, the officer’s calibration certificate is a critical piece of evidence against you. But what defenses are available? I’ll explain a few. Transcription For those visitors who prefer reading, here is a transcription of the video. Hello, I’m Andrew Flusche. I’m talking [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Driving on a Suspended License Could Mean JAIL I talk with a lot of people who are charged with driving on a suspended license. If that’s you (or if your license is suspended and you’re driving anyway), pay close attention: You might go to jail This surprises a lot of people, but it’s true. I’m not trying to use scare tactics to get [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Do You Have the Right to See the Radar Gun? Many people think they have the right to see the radar or laser gun when they are stopped for speeding or reckless driving. In Virginia, that's not correct.Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Should You Get Your Speedometer Calibrated? If you are charged with speeding or reckless driving in Virginia, you may be thinking about a speedometer calibration. Is it worth the cost?Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website My Speedometer Said 70 – I Swear! I’m in traffic court most mornings each week. It always surprises me how many people try this defense: “But, Your Honor, I swear my speedometer only read 70!” Most of the time the judge’s next question is: “Did you get your speedometer calibrated or checked?” And of course the defendant says “no.” The judge then [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Why Hire an Experienced Traffic Attorney? There are lots of attorneys in this world. They do a wide variety of things. In that respect, we’re just like doctors. Some doctors are surgeons. Others do pediatrics. You wouldn’t hire a heart surgeon to operate on your brain, would you? The same rule of thumb applies to attorneys. If you have a legal [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Going with the Flow of Traffic I hear it all the time: “I was just going with the flow of traffic.” I don’t mean to be crass, but that’s not going to matter. We have a lot of potential arguments and tactics to fight speeding and reckless driving charges, but this isn’t one of them. Virginia law prohibits exceeding the speed [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Accident in Parking Lot Becomes Misdemeanor The other day at Lowe’s I saw two cars hit each other. Both drivers were backing out of the parking spots. I didn’t see who started backing out first. The damage was extremely minor. One of the vehicles was a truck with a trailer hitch. It punched a small hole in the other (smaller) car’s [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Move Over or Slow Down – Failure to Yield to Vehicles Virginia’s relatively new “move over law” (46.2-921.1) was changed significantly in 2010. Even before the changes, people were confused about what the law requires. Here’s an explanation of the law and its punishments. In brief You may have heard the law described as “move over or slow down” for emergency vehicles. That’s a crude summary [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Calling 911 Might Cost You You’ve just been involved in an accident. Your first thought might be to dial 911 on your cell phone. But did you know that it could cost you? One unwelcome side-effect of a police presence could be a reckless driving ticket, even if you are the only driver involved. Apparently you might also be billed [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website DMV Has Computer Problems – Defenses? Virginia’s Department of Motor Vehicles isn’t infallible. And neither are their computers. In fact, they’re just as fallible and prone to problems as the rest of us. The current computer outage they’re having highlights that in a painful way for people needing to renew their license right now. Apparently you’re in for a long wait. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What Counts as Court Community Service? Some of my clients end up doing community service due to their traffic cases, whether it is court ordered or simply in preparation for trial. One question many of them have is: what counts as community service? Court community service must be done at a non-profit organization. This means that you cannot simply volunteer for [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website What is a Highway in Virginia? The Virginia traffic code refers to “highways” quite a bit. Many of the offenses specified in the code have to take place on a “highway.” Quite often I hear from potential clients and people who represent themselves in court: “But I wasn’t even on a highway!” I’m sad to report that defense usually isn’t going [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beware of National Motorists Association Ticket Manual There’s no shortage of ebooks on fighting traffic tickets. Some of them are good resources, and some are simply wrong. I recently read the National Motorists Association’s ebook entitled “Fight That Ticket!”, and I’m a bit surprised by its inaccuracies. To be fair, their ebook is intended as a general guide for anyone in the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Pointless Traffic Ticket Complaints State Troopers and deputies really have heard it all. And they get the same sob stories over and over. That’s why this article that my wife found seems pertinent for drivers too: Complaints that fail: 5 e-mails to avoid The article is focused on the travel industry and the pointless complaints customers send in. They’re [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Sometimes You Have to Laugh This is completely silly, but too funny. Thanks to my wife for sending it to me! Originally published at AndrewFlusche.com. © 2010 Andrew Flusche. Sometimes You Have to LaughClick here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Grandma Goes to Jail In Virginia, any speed over 80 mph is considered reckless driving, which could land you in jail. Fortunately for many of my clients, the Fredericksburg area courts don’t typically impose jail sentences except at super high speeds, like 100 mph. But this speeding grandma would certainly be spending some time in jail. She was going 102 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Air Fresheners Could Be Trouble Do you have an air freshener hanging from your rear view mirror? You may want to remove it. An innocent air freshener could provide a valid reason for the police to stop your car, even if you are not doing anything wrong. Here’s why. Windshield obstructions Virginia law specifies that drivers cannot have anything in the windows [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fix Your Cracked Windshield How many cars have you seen driving around with a chipped or cracked windshield? Do you drive one of those cars? You really should get your windshield fixed. A cracked windshield basically begs the police to pull you over. It’s an easy (and legal) reason for a traffic stop, where they can try to fish for [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Don’t Drive Drunk to Prison An ironic story just came up in the news. A man headed to prison to serve his DUI sentence in Vermont, but he was drunk. And he drove himself. What a mess! Now this guy is facing a charge of second offense DUI, and he still has to serve the time for the first offense. A similar [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beware of Cell Phones in Court I try to advise my clients about the entire experience of attending court, especially cell phone rules. A Florida woman was convicted of contempt when her cell phone rang in the courtroom. Lucky for her, the conviction was reversed on appeal. But you definitely don’t want to go down that road at all. The area courts have [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Driving School Differs Among Judges One of the most difficult parts of my work is handling the nuances of different judges. Virginia law allows judges to reduce, amend, or dismiss a traffic case if the defendant completes a driving school. But each judge gets to determine their own policy of how this is handled. As you can imagine, if people get [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Radar Detector Ban Still In Force Virginia natives know the law about radar detectors. And any visitor to the Commonwealth has seen the huge warning signs as they cross the border. Welcome to Virginia, but watch your speed! A bill that would have repealed Virginia’s radar detector ban failed in the House of Delegates on the 11th. The bill was quite simple, just [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Speed Limit May Increase to 70 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Don’t Stand Up While Speeding 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website School Zone Speed Limits May Be Illegal 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Fredericksburg Traffic Tickets Get Computerized 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia DUI Includes Non-Cars 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Shoplifting Help 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Wild Turkey Won’t Give Up 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! Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Wild Turkey Won’t Give UpClick here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Traffic Cat Gets Friendly with Officer 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website King George Speeding Ticket Help 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Law Journal Interviews Andrew 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 [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website King George DWI Defense Getting a King George DWI can be scary. You’re charged with a misdemeanor offense that society takes incredibly serious. Fortunately, there may be defenses to the charge. Probable cause First of all, the police need probable cause to make a traffic stop. They must have a “reasonable articulable suspicion” that you did something illegal. Many DWI charges arise [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Driving on a Suspended License Defense Virginia punishes driving on a suspended license as a class 1 misdemeanor. But what punishment are you really facing? Are there defenses that can get you out of this mess? Let’s talk about it. Driving on a suspended or revoked license Driving on a revoked or suspended license appears in 46.2-301(B) of the Virginia Code: B. Except as [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Stafford Speeding Ticket If you have a Stafford speeding ticket, you’re not alone. The Virginia State Troopers and Stafford County Sheriff’s Deputies write a lot of speeding tickets, especially along Interstate 95. But what should you do? Should you prepay the ticket? Should you fight it? Let’s talk about it. Think carefully about prepaying It might be tempting to prepay your [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Obstruction of Justice Defense Obstruction of justice is a serious offense in Virginia. If you are charged with obstructing justice, you should know about your rights and possible defenses. Virginia’s obstruction of justice statute has four sections. Depending upon which section you are charged under, the offense could be a misdemeanor or a felony. Either way, you are facing possible [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Obstruction of Justice Defense Obstruction of justice is a serious offense in Virginia. If you are charged with obstructing justice, you should know about your rights and possible defenses. Virginia’s obstruction of justice statute has four sections. Depending upon which section you are charged under, the offense could be a misdemeanor or a felony. Either way, you are facing possible [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Talk to a Spotsylvania Traffic Lawyer Did you get a traffic ticket in Spotsylvania County? Let’s look at your options for fighting it! If you want to talk to a Spotsylvania traffic lawyer, just give me a call. Beware of pre-paying First of all, you should think twice before you prepay your traffic ticket. It’s tempting to get the ticket out of the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Beat Your Spotsylvania Speeding Ticket Did you receive a speeding ticket in Spotsylvania County? It’s normal to be worried about the outcome. But your ticket might be beatable! Here are some tips to help beat your Spotsylvania speeding ticket. Stay calm You have to stay calm throughout the traffic stop. And you need to keep your head afterward as well. You certainly [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How to do Virginia Driving School Many of my clients end up completing a Virginia driver improvement school in order to reduce their traffic charges. This is a classic tool to work out a positive outcome in Virginia traffic cases. Sign-up Your first step is to locate and sign-up with an approved driver improvement course. If you have a Virginia driver’s license, you must [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How to Pay Your Fine and Court Costs If you have a fine or court costs to pay in Virginia traffic court, this article will explain how to take care of that. Payment methods The General District Courts in Virginia generally accept payment via cash, check, or credit card. You can pay via any of those methods if you pay in person. If you need to [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Bold Stafford DUI Lawyer for Your Defense Have you been charged with a DUI or DWI in Stafford? It’s a serious charge. That’s why you need an aggressive Stafford DUI lawyer. Stafford DUI is tough Stafford is a tough jurisdiction for anyone who is charged with a crime or traffic infraction. The prosecutors play hard ball, and they are very good at their job. You [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Trademark Dispute Against My Favorite Author My favorite author, Leo Babauta, just got a trademark infringement letter due to one of his blog posts. And he’s fighting back! Leo wrote the phrase “feel the fear and do it anyway,” in a post about beating your fears. Now he’s written a great public response to the trademark owner. Who’s right here? Let’s see! I am [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Banana Receives Stafford Speeding Ticket Today a banana was summoned to appear for a Stafford speeding ticket. Not quite like that, but it was still pretty funny. I was sitting in the Stafford General District Court for my client’s reckless driving ticket. The judge was calling cases and hearing them just like a usual day in court. Then a Virginia State Trooper [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website 14 Disastrous DUI Wrecks DUI is a serious traffic offense because drivers can easily cause major damage to property and even death to other people. These DUI wreck pictures highlight the damage that can be caused by driving under the influence of alcohol. It’s easy to lose control of your car when you’ve been drinking. Photo by joker1020 This guy drove [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Online Activity Causing Court Problems Anything you say can and will be used against you in a court of law. That’s part of what people are told when they are arrested. It warns people about incriminating themselves in a criminal prosecution. But maybe we should all remember this: Anything you post online can come back to bite you in court. A police officer is [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website License Suspension is a Threat My Southern California criminal defense colleagues wrote a great article that discusses license suspension due to charges other than DUI. The general point of the article applies here in Virginia as well: your license can be suspended for many different charges. It’s a real threat. One of the most common non-DUI offenses to incur suspension of your [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Preliminary Breath Test There is always some confusion in DUI and DWI cases about breath tests. In Virginia, just by driving you are deemed to have given your implied consent to take a breath test, but that breath test is the machine back at the police station. Preliminary breath test at the scene The police carry with them what they [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Operating in the Best Way Possible I saw the above sign in Firehouse Subs a few weeks ago. Such a simple message, but crucial for any business. As your lawyer, I strive to do my absolute best every day. All the fancy business cards in the world cannot make up for poor service. You deserve better. The single most important part of [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Overheard - You’re Innocent Until Proven Guilty Lawyers are in court a lot. We get to hear many funny and odd comments. Here’s one of my latest ones from the Fredericksburg General District Court: “You’re innocent until proven guilty.” The funny thing is that someone said this in civil court. A debtor had shown up for court and was found guilty because [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Jail Time for Virginia Reckless Driving Tickets If you’re charged with reckless driving in Virginia, you could be facing jail time. Reckless driving is a class 1 misdemeanor in Virginia. This means that you could be sentenced to jail for up to 12 months. But are you really facing jail time in your case? This question is virtually impossible to answer in [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How to Dress and Act in Virginia Traffic Court When you’re in traffic court as often as I am, you see a lot of things. Many people just don’t understand that they’re in court in front of a judge who has considerable power. For that reason alone, you should consider how you dress and behave while in Virginia traffic court. Virginia is a [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Traffic Defense Requires Your Driving Record Virginia traffic defense lawyer explains the importance of your driving record and why it is vital in successfully defending your traffic case.Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Do I Have to Appear in Traffic Court? Not necessarily. Your Summons says that you must appear in the designated court. You even have to sign the Summons, saying that you understand that your appearance is mandatory. This is because reckless driving is a serious criminal offense, not just a minor traffic infraction like speeding. However, Virginia allows you to hire an attorney [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Reckless Driving in Virginia - Dismissal! Did you know that a charge of reckless driving in Virginia could be dismissed if the officer doesn’t appear in court? Last week I was in Stafford County General District Court (the traffic court), and the judge called several defendants’ names. She then said that the ticketing officer did not come to court. The [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Probate Virginia Wills - The Easy Way When a loved one passes away, legal matters are the last thing you want to think about. But you may need to probate their will, so property can pass to the appropriate beneficiaries. Probate in Virginia doesn’t have to be hard. In fact, if your loved one left behind an orderly will, probating the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Stafford Reckless Driving Gets Safety Class A reckless driving charge has lots of possible outcomes. A conviction could lead to jail time, license suspension, and a hefty fine. Today in Stafford County traffic court, the judge handed down a bunch of alternative sentences. For people who had perfect driving records and a low enough reckless driving speed, they were offered [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Speedometer Calibration in Fredericksburg, Virginia If you’ve been charged with reckless driving based on speed, you might need to have your speedometer calibrated. I usually recommend a calibration to clients when their speed is relatively close to the reckless driving line (20 mph over the speed limit, or anything over 80 mph). Thanks to my colleague, Jon Katz, we have [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Stafford County Traffic Court Lawyers It seems like the volume of traffic court cases in Stafford County has increased lately. I’ve been getting lots of phone calls from people who are facing reckless driving charges in Stafford County. The good news is that people are calling the right lawyer. I regularly help clients with their Virginia reckless driving defense [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website 5 Famous Will and Estate Contests If your estate plan isn’t orderly, you could be setting your heirs up for a messy fight. Don’t let your estate be fought over like these five famous cases. Anna Nicole Smith Disregarding Smith’s questionable career, she has been at the center of two different major will problems. First, she was married to J. Howard Marshall, who [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Why Choose a Trust for Estate Planning Are you considering a Virginia trust as part of your estate plan? If so, I encourage you to read a new MSNBC article on why a trust may be the best tool for you. Overall, this article does a great job of boiling down some of the top pros and cons to using a trust [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website A Will Lets You Select Your Executor If you’re a person of modest means, you may think that you don’t need a will. Virginia does have laws that specify who gets your property, if you die without a will. But not drafting a will means that you don’t have control over many important decisions. As discussed by this great BBC News [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Will Contest Heats Up In Australia Today I ran across an interesting news article about an Australian will contest. An elderly lady died, leaving two wills that give $5 million each to three different couples. Now the deceased woman’s family is fighting to prove that the wills are fraudulent. This real-life will contest highlights the importance of drafting and executing [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Andrew in the Wall Street Journal A couple weeks ago, I received an interview request from a Wall Street Journal reporter. She found me on a list of attorneys that use Twitter (I’m aflusche). Yesterday, I was included in a Wall Street Journal article called Twitter Goes Mainstream. It’s a great article that talks about Twitter being used outside the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Why Create a Power of Attorney? There’s a lot of confusion in the public about what a power of attorney does for you. I regularly have to explain this important document to my estate planning clients. Basically, a power of attorney gives someone else the legal authority to make decisions for you. This document doesn’t substitute their authority for yours. [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Do Married Couples Each Need a Will? When I work with married couples on their estate plans, many of them ask the same question: do we need separate wills? This is one legal question that an attorney can answer with a simple answer: yes. Each spouse should have his/her own will. A will sets forth what the testator (the person making [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website The Pee Defense for Virginia Reckless Driving I was in Stafford General District Court the other day. My hearing (garnishment exemption) happened to be put on the traffic docket. So I got to listen to lots of reckless driving cases. Like any criminal case, you get to put on a defense when you’re charged with Virginia reckless driving. Sometimes the [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Airline Regulations for Carry Ons I just got back from a trip to California for a family wedding. So I had plenty of time to think about legal tips for flying, such as airline regulations. One of the number one questions travelers have is: What are the airline regulations for carry on baggage? First, my method for seamless travel is to [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Virginia Will - Creating a Valid Will In Virginia If you are an adult in the state of Virginia, you need to consider having an estate planning lawyer draft your will. A Virginia will must comply with specific requirements to have legal effect. If you try to write your own last will and testament and fail to follow the proper requirements, it [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Can You Call Your Lawyer? How easily can you talk to your lawyer on the phone? Does an assistant screen your call first? Does he promptly return your voicemails? I’m sadly disgusted by the way many of my colleagues handle their phones. Actually, failure to return client messages is a prime source of bar complaints against attorneys. I even [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website National Lawyer Magazine Writes About Andrew I hosted a free law class for entrepreneurs a few weeks ago. The seminar itself went really well. Now the ABA Journal, a national lawyer magazine, has written a story about the class. It’s in the context of lawyers offering free classes to the community to market their services. I’m definitely excited to have such [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Creating Your Estate Plan Can Be Easy Planning for the future can be daunting. But it doesn’t have to halt your life. As a Fredericksburg estate planning lawyer, I can help you create a comprehensive estate plan quickly and easily. It won’t take hours of meetings and weeks of waiting. You’ll be done before you know it. Here’s why: I [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Having a Patent Doesn�t Matter! I’m not a patent attorney. Partially because patents drive me nuts! Actually, people drive me nuts when they advertise their patents. How many infomercials have you seen where the product is touted as “patent pending”? This simple statement is supposed to give you confidence in the snake oil or kitchen gadget. But what is [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Andrew Weighs In On Google Terms of Service About a year ago, I wrote about the Google Docs end user license. Basically, I concluded that Google Docs isn’t very safe for confidential information that you want to safeguard. Now there has been a huge flareup over the Google Chrome terms of service. I was interviewed by a reporter about how the license [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website How Old is Your Estate Plan? Most people underestimate the importance of a comprehensive estate plan. And even if you have a solid plan put together, how old is it? An old, outdated estate plan does virtually no good. You’ve put your wishes in writing, but they’re out of date. If you die with an old estate plan it [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website The Smithsonian Squanders Your Money Non-profits require public accountability. They must be good stewards of the public’s money. As a lawyer for non-profits, I help them be accountable to their donors and succeed in their mission. That’s why I’m astounded by this AP article on the Smithsonian Institution. It reports that many top-level Smithsonian executives will be receiving [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Naked Estates Expose Your Family Jewels Yes, the shiny family jewels: diamonds, rubies, and emeralds. If your estate is naked (not protected) when you die, you’re risking your family’s wealth. It’s that simple. Even if you have an average net worth, you still need the protection of a comprehensive estate plan. A basic will is very cheap, and it ensures that [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website Trademark Registration Video Tutorial My first webinar went well, with a good group of attendees. Now the video is available for you to view at your leisure! If you have questions about trademark registration, I suggest watching this webinar. It provides an overview of the process, why you should register, how much it costs, etc. Be sure to sign [...]Click here to play Listen | Listen in your iPhone | Download | View full cache | Visit Website