Delegate Cline’s proposed bill to specifically say classify using a mobile communication device while driving as reckless driving is unnecessary.  Not only is it overbroad like I’ve discussed before, but this bill is completely unnecessary because if you’re texting it can already be considered reckless driving. The bill seems to stem from a case back […]

Virginia Delegate Cline has introduced a proposed texting while driving bill to amend reckless driving to include using a mobile communications device while operating a vehicle. But that would create an overbroad expansion of reckless driving. Some of our legislators apparently equate using a cell phone with failure to maintain control of your vehicle.  The […]

It’s a mistake to wait to talk to a traffic attorney until you get to court, especially if your job is on the line. Video Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney. It’s very risky to go to court without an attorney. I talk to people quite often who go […]

Links: Press release (PDF) Proposed bill Current texting while driving law My article about the pedestrian case Here’s the deal folks. Delegate Cline is trying to make us criminals. If you’ve ever used your smart phone to stream Pandora in the car or used Google Maps for navigation, that includes you. Heck, if you’ve ever […]

Virginia law says that you consent to have a breath or blood sample taken to determine your level of alcohol in your blood if you are validly arrested on suspicion of DUI. But what does that mean? When can the officer do a breath test and when can he do a blood test. The default […]

One of the most common questions that I answer, it seems like every day, is whether or not a Virginia reckless driving ticket can be dismissed with driving school. The problem with answering that question is, it depends a lot based on the local judge, the prosecutor, the facts of the case, the defendant’s driving […]

A simple vehicle repossession turned into a vigilante-style car chase at 11 AM on Monday, November 26, in La Plata County, Colorado. Charles Buckland, the tow truck driver for PNR Services, was sent to repossess a gray Chevrolet Trailblazer belonging to Paulita Manzanares, but towed the wrong car because there were two gray Trailblazers with […]

No. Court-appointed attorneys are only an option in Virginia for cases where you’re facing the possibility of jail time. For a regular speeding ticket, if you’re not charged with reckless driving, a court-appointed attorney would not be available because you are not facing the possibility of jail. A simple speeding ticket in Virginia is just […]

See update, at bottom… Being an attorney and staying out of trouble with the state regulators can be confusing sometimes. Usually the rules are pretty clear, but sometimes things change. Right now, things are crazy. On October 2nd, I received notice from the Virginia State Bar that the Supreme Court of Virginia had approved some […]

Required notice from the Virginia State Bar: CASE RESULTS VARY BASED ON THE FACTS OF EACH CASE. PAST CASES DO NOT GUARANTEE OR PREDICT FUTURE RESULTS. You’d be amazed at what I see when handling Virginia traffic cases. I’m personally astounded at the lack of diligence exhibited by some attorneys. A few weeks ago in […]