Author Archive

Can I do Community Service Instead of Jail?

By From http://www.andrewflusche.com • Feb 6th, 2013 • Category: Blog Entries.Local

I wish. It would make much more sense to order people to do 24 hours of community service for every day of jail they might otherwise get. It would contribute to society and serve as a punishment. But it’s not normally an option for cases like DWI. The law has certain requirements for jail, and […]



How would a California “Wet Reckless” Plea Affect a Virginia License Holder?

By From http://www.andrewflusche.com • Feb 5th, 2013 • Category: Blog Entries.Local

I was recently asked the above question from a California DUI lawyer. His client had the option to accept a California “wet reckless” plea (under California Vehicle Code 23103), and he was trying to figure out how the client’s Virginia license might be affected. Here’s my response: First of all, Virginia is VERY diligent about […]



Does an Out-of-State Ticket in New York go on my Virginia Record?

By From http://www.andrewflusche.com • Feb 1st, 2013 • Category: Blog Entries.Local

I regularly have clients and colleagues asking how tickets work between Virginia and other states. 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 […]



If the Accident Report Contains Errors, Does That Help my Case?

By From http://www.andrewflusche.com • Jan 31st, 2013 • Category: Blog Entries.Local

No. The accident report that the trooper or deputy prepared after you are involved in an accident in Virginia is really a tool for statistics for DMV. The report itself is not admissible in court because it’s just a recorded recollection of what the officer saw. So the report itself is really just a summary […]



How do I get a Restricted License if I am Convicted of Virginia DWI?

By From http://www.andrewflusche.com • Jan 30th, 2013 • Category: Blog Entries.Local

The restricted license procedure varies by court. Basically, the clerks have a restricted license form that you will fill out. You’ll need your supervisor to sign off on it (or some courts require a supporting letter from your supervisor). Once you pay your fines and costs, you can submit that form. The clerks will type […]



What Should I Bring to Court With me For my DWI Trial Date?

By From http://www.andrewflusche.com • Jan 29th, 2013 • Category: Blog Entries.Local

This will vary for each case. Sometimes I need you to bring documents, such as a letter from your employer (for your restricted license). I always tell my clients exactly what they need to bring. However, in every case, you should bring your driver’s license (if it’s not still suspended like in a 2nd offense […]



If I go to Jail on my Court Date, Does That Count as Day One?

By From http://www.andrewflusche.com • Jan 28th, 2013 • Category: Blog Entries.Local

No. The jail doesn’t count the day you go in, but they release you about 7am, and that day DOES count. For example, let’s say you get sentenced to two days of jail on a Friday. You go to jail at trial. Saturday would count as day one. Sunday would count as day two, and […]



Virginia Reckless Driving Fine

By From http://www.andrewflusche.com • Jan 25th, 2013 • Category: Blog Entries.Local

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 […]



How Can We Ensure That I Will be Out of Jail For an Important Date?

By From http://www.andrewflusche.com • Jan 24th, 2013 • Category: Blog Entries.Local

We have two strategies to delay jail so you can go home after court to arrange your affairs or be available for important events. First, we can ask the judge for delayed reporting. If granted, this gives you about a week to report directly to the jail. You’d be allowed to go home after trial […]



Can my Ignition Interlock Device be Removed in Six Months?

By From http://www.andrewflusche.com • Jan 23rd, 2013 • Category: Blog Entries.Local

Yes. If you’re convicted of a first offense DWI in Virginia, the law requires interlock for the first six months of your restricted license. After that six months with no problems, we would petition the Court to remove the interlock requirement. Assuming you’ve done everything you’re supposed to, that should be no problem. Photo by: […]