The airlines have made it clear forever that once the door at the gate is closed, it’s closed. It doesn’t matter if you arrive at the gate 10 seconds after the gate agent closes the door, it’s too bad. You just missed your flight.

They are lying.

Yesterday, I was on Southwest Airlines Flight 1898 from Chicago Midway to Richmond. We boarded 90 minutes late because of the airline industry’s propensity to schedule pilots with the assumption that nothing ever goes wrong when flying. So our pilot was just taking off from Hartford, CT when he should have been doing pre-check stuff on our plane.

Our plane departed Midway at 4 PM. We were backing up away from the gate, and then the pilot announced we were returning to the gate to pick up two pilots that needed to deadhead to Richmond for a flight the next day. The pilot’s announcement sounded like these two pilots were literally at the door waiting for us, so no big deal.

After we had sat back at the gate for a few minutes, the pilot announced that the two hitchhiking pilots weren’t even at Midway airport. They were still en route to MDW on some other plane. In the end, we sat for about 45 additional minutes on a flight that was already 90 minutes late, after we freaking officially departed. I sensed our pilot was about as happy as his passengers.

So just remember the next time your flight is delayed, and you miss a connection by 1 minute that they are absolutely lying when they say they can’t open that door for you. Because they clearly can.

I just checked the Saturday MDW to RIC schedule. There are 55 non Southwest flights leaving after 4 PM, which was when we backed away from the gate. And that doesn’t even count the probably 100+ flights to Dulles or National that when combined with a 2-hour drive in a rental car could get the pilots to RIC from MDW. I don’t know if the airlines work together on this sort of stuff, but helping each other out with deadheading pilots if they have seats available should be something they do regularly. It really feels like somebody at Southwest decided we were already late, so our trip got sacrificed on the altar of corporate profits by making us sit there waiting for two pilots who were late because the airline makes pilots literally commute thousands of miles, versus having enough staff so that pilots aren’t changing planes with the rest of us.

Now that I’ve typed that, pilots not changing planes during the day, and not commuting via air, seems like it would be a win-win for pilots and passengers.

Also, if they wanted to do this, why not just keep us in the airport that extra 45 minutes? The flight was already late and another 45 minutes for an “operational” delay wouldn’t have seemed that unusual, and we’d all much happier in the airport than on the plane.

I choose to Fly Southwest because I expect better of them. Apparently, that faith was misplaced.

Last Thursday I had a non-stop flight from Richmond to Denver, which was a perfect opportunity to read Craig Calcaterra’s new book, Rethinking Fandom. It’s so new it’s not being released until April 5, but Craig and I are tight, so I got it early.

By “tight” I mean I have no idea why his publisher shipped the book a month early.

The timing was perfect, in that when I turned my phone back on after landing, literally minutes after finishing the book, I learned the players and owners had come to an agreement to end the lockout. I have not decided if I’m re-upping my MLB.tv subscription this year or not. I may just go with the cheap radio feed plan and watch whatever games are on Apple TV, ESPN, or the free game of the day on MLB.tv. This seems like a good year to test how much I’ll miss every Red Sox game (minus blacked out Orioles and Nationals games). The truth is, I rarely watch a full game anymore. I tend to watch a few innings several times a week, versus sitting down for an entire game. I prefer the radio commentary anyway, plus I really like going to sleep to the sounds of west coast games.

It’s not a large tomb, which is good. You can probably easily read the book in a couple of hours. It is divided into two sections. Section 1 reviews some of the more egregious examples of teams taking advantage of the fans and/or the local taxpayers. The Atlanta Braves white flight stadium deal gets attention, as does the “rooting for laundry” issue, labor issues, regular fans being priced out of attendance, and other things. One thing he brought up that I had not thought a lot about was the breakdown of the social contract between team and fans. The fact that the Florida Marlins and Pittsburgh Pirates can make a profit with no fans in the stands was not news to me. However, thinking about it in terms of the social contract was. The deal used to be the team tries to win, and we show up and buy $12 beers while cheering for the home team. However, in too many cases, the teams have broken that social contract because they think they don’t need the fans to make money. In the short term, they are probably right. In the longer term, they are killing baseball.

Section 2 of the book proposes that we fans have more power in this situation than we realize. Craig suggests that many of the old chestnuts of fandom no longer apply. It is absolutely okay to be a fair-weather fan. It’s okay to root for players inside the laundry, and not the laundry. Likewise, it’s okay to just be a casual fan and not obsess over every win or loss. Section 2 was fascinating to me, as I’ve been rethinking my fandom for a while now.

I’m over college sports

Closing the book on the Red Sox

I backslid on college basketball this year, but it reinforced what I wrote on that blog post. I’m happier as a casual fan, and I’m going back to being a casual fan. The emotional investment in the individual 2-hour games just isn’t fun for me anymore.

The rooting for laundry issue is relevant too, as I’ve wanted to be more of a Dodgers' fan in recent years because that is where Mookie Betts is. But it felt wrong to me. Craig says it’s not wrong, and I think he is right. Root for people, not laundry. Or root for the laundry. It’s your call. Likewise, it’s okay to ditch your team if ownership perpetrates racist stereotypes in the team name.

The big takeaway is that the sports we follow today are not the sports our fathers followed. It follows that our fandom can and should change too.

Any sports fan feeling the unease I’ve felt over recent years at how sports has changed will probably enjoy this book.

Aggressive driving is dangerous and can cause serious or even deadly accidents. That’s why Virginia law enforcement officers crack down on aggressive drivers whenever they can. However, the police are not always right and often make mistakes. Unfortunately, their mistakes could have serious consequences for you. 

If you have a charge in Virginia for aggressive driving, you need a tough and experienced lawyer to make the difference for you. I am Virginia traffic lawyer Andrew Flusche. I focus my practice on traffic offenses as well as DUI and misdemeanor defense so that my clients benefit from a depth of experience. My laser focus on traffic offenses helps to fight for your best possible outcome.

What Is Aggressive Driving?

You can find the aggressive driving definition in the Code of Virginia Section 46.2-868.1. The definition of aggressive driving begins with a violation of one of the specified traffic offenses listed in Section 46.2-868.1. Those offenses include:

• Driving on the wrong side of the road;
• Failing to observe marked travel lanes;
• Following the vehicle in front too closely, also known as “tailgating”;
• Driving without stopping or yielding to oncoming traffic that has the right-of-way, also known as “cutting people off”;
• Evading traffic control signals;
• Failing to yield to overtaking vehicles;
• Passing on the right when prohibited;
• Overtaking unlawfully;
• Driving at an excessive speed; and
• Unlawfully stopping on a highway. 

These traffic infractions are subject to various fines and could adversely affect your driving privileges. 

The police will not ticket you as an aggressive driver just because you committed a traffic offense. You can get a ticket in Virginia for aggressive driving if you create a hazard for another person while committing one of the listed traffic offenses or you commit one of the specified violations with the intent to harass, injure, intimidate, or obstruct another. You do not have to cause an accident to face aggressive driving charges. 

Penalty for Aggressive Driving

Aggressive driving is a criminal offense. According to Section 46.2-868.1(B), aggressive driving is a Class 2 misdemeanor. The penalties for a Class 2 misdemeanor in Virginia include jail time for up to six months and a fine of up to $1,000.

The penalty for aggressive driving increases if the court finds that you had the intent to injure another person. In that case, you face a more serious Class 1 misdemeanor charge. A Class 1 misdemeanor in Virginia carries a possible penalty of up to one year in jail and a fine of up to $2,500. 

Virginia’s aggressive driving law also allows the judge to order you to complete a safe driving course. These courses are intended to teach you the dangers of driving aggressively and provide you with information on how to avoid those behaviors while behind the wheel.

Moreover, you might have to face far more serious felony charges if someone suffers a severe injury or dies because of your aggressive driving. If you cause injury to anyone because you drove aggressively, you can face charges that can include significant time behind bars.

What Options Do I Have If I Get an Aggressive Driving Charge?

The options you have will depend on the individual facts of your situation. So, depending on what happened, you could argue that you are not guilty because:

• The police made a mistake and charged the wrong person;
• You did not have the intent to injure, harass, intimidate, or obstruct another driver;
• A witness exaggerated your driving behavior and made it sound worse than what actually happened;
• Your driving only appeared to be erratic because you took necessary evasive action in response to another driver’s error; or
• You are the victim of a road rage incident where you were not the aggressor.

These are just some of the defenses that you could argue in an aggressive driving prosecution. But each case is unique, and there might be another defense that works better in your case. When we speak about your case, you and I can discuss possible defenses that may apply to the unique facts involved.

Can I Lose My License Because of an Aggressive Driving Charge?

The Virginia Department of Motor Vehicles (DMV) issues demerit points on your driving record if you commit a traffic offense. The seriousness of the traffic offense dictates how many demerit points you could get. The DMV assigns either three, four, or six points depending on the violation. The severity of the violation determines how long the offense stays on your record, and some demerits can stay on your record permanently. Aggressive driving is a 4-point offense.

Once your record has a certain number of demerits, the DMV could suspend your driver’s license and order you to complete a drivers’ improvement program.

Aggressive Driving Defense with a Results-Oriented Approach

I prioritize your needs. You and I will discuss the unique facts of your case and the law, so you have a clear understanding of what you face. Then, we will work together to develop the best strategy to try to obtain your desired goals. Contact me today at 540.318.5824 to learn more about how I can help you with your aggressive driving charges.

The post Charged with Aggressive Driving in Virginia: What You Should Know appeared first on Andrew Flusche.

Driving under the influence (DUI) and driving while intoxicated (DWI) are legal concepts people sometimes use interchangeably. While the difference between DWI and DUI might be significant in some states, there is very little difference between the two in Virginia.  

No matter which abbreviation you use to refer to the charges, DWI vs. DUI in Virginia, the charge is quite serious. Without skilled representation, you could suffer consequences that disrupt your life for over a year, and you could face even tougher consequences if you ever get another DUI in the future. I am Virginia DWI defense attorney Andrew Flusche, and I exclusively handle DUI and traffic offenses. My client-centered approach gives people charged with DWI in Virginia the best chance to get a positive outcome for their case. 

What Is the Difference Between a DUI and DWI?

The abbreviations DWI and DUI come from the Virginia DWI statute. Section 18.2-266 of the Code of Virginia is entitled: “Driving motor vehicle, engine, etc., while intoxicated, etc.” Thus, the abbreviation DWI comes right from the title of the law. The abbreviation DUI comes right from the statute as well.

Section 18.2-266 states that driving under the influence of alcohol, drugs, or a combination of alcohol and drugs is a crime. Driving with a blood alcohol content (BAC) level of 0.08% and above also violates the statute. But the bottom line is that, while some states have a material difference between these two abbreviations, Virginia does not. In our state, these terms are used interchangeably.

That being said, it is possible that the legislature intended DWI to refer to the per se limit of 0.08% BAC and DUI to refer to driving a vehicle under the influence without regard to the results of a chemical test. 

What Is the Legal Difference Between DWI and DUI?

The prosecution has the burden to prove you guilty beyond a reasonable doubt of each and every element of any criminal offense. If the Commonwealth pursues a DWI charge, then the prosecution may argue that you drove with a blood alcohol level of 0.08% or greater. 

The prosecution will use evidence of a breathalyzer test or a blood test to prove you drove at or above the legal limit. The prosecutor will offer evidence from the arresting officer about your driving behavior and performance on field sobriety tests in addition to the chemical test result. 

On the other hand, if the Commonwealth pursues a DUI charge, they are alleging that you could not safely operate a vehicle due to alcohol consumption. The prosecutor will call the arresting police officer to testify, along with any other witnesses who can give testimony that helps the prosecution. In that sense, the proof is the same, except that there is no chemical test or your chemical test result was under 0.08% BAC. Therefore, the prosecution has to rely on evidence such as:

• How you drove; 
• The way you performed on field sobriety tests;
• Having glossy, bloodshot eyes;
• Smelling of alcohol;
• Appearing disheveled; and
• Having difficulty speaking or comprehending directions.

According to the Code of Virginia Section 18.2-268.10, the prosecution can offer this evidence against you if you took the breathalyzer as well.

Does it Matter if the Prosecution Alleges I Was DWI vs. DUI?

It does not matter if the Commonwealth charges you with DWI vs. DUI in Virginia because Section 18.2-266 has only one set of penalties. According to the Code of Virginia Section 18.2-270, a DWI or DUI conviction is a Class 1 misdemeanor for a first offense. A Class 1 misdemeanor carries a possible jail sentence of no more than one year. Additionally, the law provides for a minimum fine of $250, but it could be as much as $2,500. The DMV will suspend your driver’s license for one year as well.

However, Section 18.2-270 calls for a five-day minimum jail sentence if you have a BAC between 0.15% and 0.20% and a 10-day minimum jail sentence for driving with a BAC of 0.20% or greater. 

You should also be aware that refusing a chemical test is a civil infraction if it is your first offense. According to 18.2-268.3, the penalty for the civil infraction of refusing the chemical test is a one-year suspension of your driver’s license. Additionally, the DMV will administratively suspend your driver’s license for seven days immediately after your arrest.

Is There a Difference Between DWI and DUI Defenses?

No, your defenses do not change in relation to how you’re charged. Each case is unique, and any defense you might have depends largely on the specific facts surrounding your arrest. The defenses you might have will also depend on whether or not you took a chemical test.

Despite the uniqueness of each case, an experienced DUI defense lawyer often uses defenses such as:

• Exaggeration of the evidence by the police;
• Faulty conclusions drawn from field sobriety tests; 
• Improper instructions given for field sobriety tests;
• Malfunctions or improper maintenance of the Breathalyzer machine;
• Improper procedures used to draw blood or administer the breathalyzer test; and
• Violation of your rights by police.

As a seasoned defense attorney, I routinely use defenses like these and any other defense necessary to get you the best possible result.

Let Us Help

I am Virginia DWI defense attorney Andrew Flusche, and I have helped thousands of people just like you who made a mistake. My client-centered approach aims to reduce your stress while I get to work developing a defense strategy that gets you the best results possible. I enjoy a fruitful working relationship with area prosecutors, and I have earned the respect of numerous judges throughout Virginia. My professional relationships can give you the edge you need to avoid a conviction. Call me today for help at 540-318-5824. I look forward to learning how I can serve you!

The post What Is the Difference Between a DUI and DWI in Virginia? appeared first on Andrew Flusche.

The air fryer is a game changer.

That it. That the whole blog post.

Okay, I'll expand on that thought a bit.

I can now make restaurant quality wings at home, without the mess and calories that come with a deep fryer. Also, french fries. French fries that taste like they came out of a deep fryer, but in fact the only oil on them is a light misting of any vegetable oil, well less than a teaspoon.

Like I said, game changer.

Reading

As usual, I track my reading at Books-2022, so I’ll keep it brief here. Razorblade Tears by S.A. Cosby is a fabulous follow-up to his debut novel Blacktop Wasteland. Weaver on Strategy is an interesting look at the Orioles manager who was doing a lot of the stuff modern analytics say baseball mangers should do, back in the 70s when the analytics department had one index card per player. A Well-Paid Slave* is the biography of Curtis Flood and a deep dive look at the period of time when he sued MLB to eliminate the reserve clause. Every player making hundreds of millions today owes him a debt of gratitude, and I doubt 5% know who he is.

Online articles worth bookmarking included:

Magpies have outwitted scientists by helping each other remove tracking devices - It feels like we are seeing more “the animals are smarter than we thought” articles in recent years. It’s almost like they are asserting themselves as they watch us continually screw up the world we all share.

The Unreasonable Math of Type-1 Diabetes - I live this daily, as a spectator and supporter.

Songs for a South underwater - A fascinating look at how blues artists 100 years ago memorialized a devastating flood that white folks have mostly whitewashed. It comes with a fabulous Spotify playlist.

Facebook has a Superuser Problem - It’s not my blog without some anti-Facebook content.

The Beatles first US concert - A few days after the Ed Sullivan appearance they played their first full concert in the US, in Washington DC. Full concerts were 40 minutes back then. This is it in all its B&W glory.

The story of how Satchel Paige ended up pitching for a team representing a religious cult from Michigan. - Paige on the field with a bunch of white guys that look vaguely Amish must have been quite a sight.

Piecing together the Green Burial Movement - Hey, I am > 50.

The Economics of Spotify - 2% of Spotify artists make more than $1000/yr from Spotify. I suspect the numbers weren’t any better for artists pre-Spotify.

Watching

Pam and Tommy - Once you get by some ridiculousness in the first two episodes, it settles down into an interesting story. Pamela Anderson is portrayed way more sympathetic, and strong, than I expected. (Hulu)

American Rock Stars is the story of the Men's US curling team. They came up short in China, but the story of their 2018 Gold medal and the journey back to the Olympics is highly entertaining. It’s narrated by Nick Offerman, which is an additional argument in favor of watching. It’s 4 episodes - roughly 2 hours. (Peacock)

We watched Meatballs for maybe the first time this century. It doesn’t really hold up well. Not a bad movie, but not nearly as funny as I remember. (Amazon Prime)

14 Peaks is a really entertaining documentary about a climber from Nepal who decides to get Nepalese climbers the respect they deserve by climbing all 14 8000 meter peaks in 7 months. The previous record was 7 years. (Netflix)

The Rom Com The Map of Tiny Perfect Things is a take on Groundhog Day with two teens trapped in the time loop. Sweet, charming, and fun to watch. (Amazon Prime)

Hired Guns is a documentary on the guys in the band behind the stars. I didn't realize how screwed most of them are, basically living paycheck to paycheck on a touring salary while their boss makes millions on royalties that they helped make happen, in many cases. It includes an extended section of the death of Randy Rhodes and how Brad Gillis jumped in to keep the tour going, and also a lot from Jason Hook of Five Finger Death Punch and Alice Cooper. Prior to his metal gigs, he played guitar for Mandy Moore and Hillary Duff. As long as the checks clear, it’s all good in their world, I guess. (Hulu, I think)

We’ve started The Book of Boba Fett. I can’t say it really grabbed me after two episodes, but it’s only 7 total, so I imagine we‘ll finish it. (Disney+)

The only Olympics I watched was curling. I've gotten to where I understand the strategy of the game and can predict the shots they'll attempt to make. Curling was fun when I did it 4 years ago but I don't have the time to commit to it.

There are 5 streaming services in that list. Might be time to trim the subscription list a bit.

Listening

True to my comments last month, I have mostly avoided Pandora this month. Instead, I did a deep dive into my MP3 directory to unearth some hidden gems by listening to every album (that I own) by some of my favorite artists.

I started with Tesla, because of course I did! Something you may not realize is that every one of their albums hit the top 40 charts in the US. Also, Bust a Nut, released in peak grunge in 1994, still went Gold and is a hell of an FU to the music industry by continuing to do what they do, with no thoughts of jumping on the grunge wave.

Drivin’ N Cryin’ hasn’t had the commercial success of Tesla. 1995’s Wrapped In Sky is criminally overlooked, though, even within their canon of everything they’ve done being criminally overlooked. The Indian Song and Underground Umbrella are two of their best songs.

John Mellencamp has continued to put out really great albums long past his expiration date for pop culture relevance. He hasn’t had a hit since the 80s, and his folk and blues influences have come to the surface over the last 20 years. I can’t find anything bad in his catalog, though. It’s all good stuff.

And speaking of folk and blues, John Hiatt also got a lot of airtime in the house in February.

What were you watching, reading, or hearing in February?

1,104,624,000 seconds
18,410,400 minutes
306,840 hours
12,785 days
1826 weeks and 3 days

It’s been a while since the day I met Michelle. Sometimes which fraternity party you choose to attend turns out to be a really important decision.

How it started - first date about a month after we initially met.

How it’s going - earlier this month.

I saw a post on Mastodon where somebody was explaining RSS to a couple of millennial coworkers, and the thing that sort of clicked for them was the idea that you could follow content without needing an account. They’ve only known a walled garden online experience. That is sad.

In that thread, somebody mentioned that they prefer RSS and email because it’s quiet. That really resonated with me. Anytime you read anything on social media, the algorithm is working to distract you towards the next shiny thing. The reading experience is distracting. It’s noisy. When you read email and RSS in an open source tool like Thunderbird (or many others), you don’t have that distraction. There is nothing in the platform actively trying to get your attention. It’s quiet.

I think that is an important point, and a strong argument in favor of communicating more via RSS and email, and less via the noisy channels. I know “people” have been predicting the demise of email forever, but it’s still here and still useful for a reason. Spam is mostly a solved problem for the end user, and it’s an open platform (IMAP/SMTP) that nobody can control. Likewise with RSS. I’d argue that since Spotify “podcasts” are not available via RSS, they aren’t actually podcasts. They are Spotifycasts or something lame like that. If I can’t listen with an open source podcast tool, it’s not a podcast.

If you have stuff to say that goes beyond Tweet length, get a blog. Start writing. It’s good for your brain. It’s good for the Internet.

The Mastodon thread

The title is a lie. I didn’t spend the day with the President. I did spend an hour in the same room with him yesterday though.

On Wednesday afternoon, I got a call from a DC area code. I ignored it, as I don’t need to extend my car’s warranty. However, the call was from the health care policy analyst with Congressional Representative Abigail Spanberger’s office. I had talked to him last summer when I found a flaw in the laws related to high deductible health plans. (If you change jobs mid-year, you start over at zero on a new plan, meaning your out-of-pocket for the year can exceed the federally mandated maximum for out-of-pocket expenses for high deductible plans.) Remembering me (or maybe I just came up in a database search of constituents interested in health care policy) he was calling to invite us to the Biden event in Culpepper the next day. I didn’t have any client meetings on Thursday and Michelle was into it, so I took the day off, and we made a date-day of a Presidential policy speech.

Never let it be said that I don’t know how to romance a girl. I did at least dress for the occasion. First time I've put a sport coat and dress shoes on since late 2019.

I had no idea what to expect. They told me to bring ID, proof-of-vaccination, and to expect an onsite COVID-19 test also. Michelle was concerned that her insulin pump and CGM might cause an issue, but having been through Secret Service security a couple of times in the past I knew it would not be an issue. Passing through White House security is way less of a hassle than getting to your plane. I guess it helps that they’ve already done a thorough background check before you even get invited. So anyway, we got up Thursday AM and headed north to Culpepper, arriving around 1030 AM. It took about 20 minutes to get through first level security, a search of your vehicle and a visit from the explosives detecting dog. Then we parked and wandered into the building at Germanna Community College, where security consisted of a simple ID check and a Secret Service agent with a metal detecting wand. As predicted - it was easier than airport security. Maybe what we need is well paid professionals running airport security. They didn’t check our vaccine cards, and nobody tried to stuff a swab up our nose. I did notice our names were coded green on the guest roster, so maybe Secret Service has access to the Virginia vaccine database and knew we were vaccinated?

The event was scheduled to start around 12:30 PM, and we were inside around 11 AM. There were no more than about 25 or 30 guests there. The press outnumbered us. When dealing with very important people, you get to do a lot of very important waiting. The press appeared to have been there for quite a while by the time we got there. It was Biden standing at a podium talking, I’m not sure 30+ photographers were really needed to get the perfect picture of Biden standing at a podium, but what do I know?

The event was, I think, basically a campaign event for Representative Spanberger. She was bounced out of her district after all the arguing about redistricting, so she will have to seek re-election in a more conservative district. Meanwhile, I lose her as a Representative and pick up a Trumplican.

The first speaker was HHS Secretary Xavier Becerra, who spoke for about 5 minutes and mostly praised Spanberger and Biden.

Representative Spanberger was 2nd, talking about high healthcare costs and its impact on her constituents. She also touted her accomplishments on other healthcare cost issues. The Republicans repeated attempts to kill the Healthcare Reform Act was her motivation to run for office.

She also introduced the real star of the day, 12-year-old Joshua Davis and his mom Shannon. Shannon spoke about life with a diabetic son and husband, and then Joshua took over the podium and spoke like he was completely unaware that President Biden was standing off to his right. Joshua ended his speech by introducing the President.

Raise your hand if you could have pulled off when you were 12. Or this week.

Then Biden took the podium and talked for about 20 minutes about Build Back Better and specifically the need to limit costs of life-saving medications like insulin or various cancer drugs. Build Back Better contains a provision to limit out-of-pocket costs for insulin to $35/month, but Joe Manchin doesn’t give a damn, so people can die. Is this a great country or what?

After Biden made his exit, stage right, people lined up to take a picture with Representative Spanberger, which I thought was kind of weird. We went over and chatted with Joshua and his family, as Michelle and Joshua obviously have something in common. It turned out that Michelle and Joshua’s mom are also sorority sisters. After lunch at McDonalds we headed home.

So now I can check, “get invited to a Presidential event” off my bucket list. Maybe next year I’ll take Michelle to a Tim Kaine event.

No one starts their day with the expectation of being arrested by law enforcement. Inevitably, people all across Virginia are arrested every day for a wide variety of criminal violations.

Some violations warrant a significant stint behind bars, and other charges can result in as little as a fine. But regardless of how minor the charge is, nobody wants an arrest on their record.

It is clear that having any arrest on your record can negatively impact important parts of your life.

Sometimes, fear of potential lifelong consequences can lead individuals to resist law enforcement’s attempts to arrest them.

However, resisting arrest usually only compounds the problem as it adds yet another criminal charge to your record. And in some cases, resisting arrest can result in allegations that you assaulted an officer. 

If you face allegations of resisting arrest or assaulting an officer, you need to contact a criminal defense lawyer right away. When your freedom is at stake, you do not have time to mess around.

Contact Attorney Andrew Flusche today to set up your initial consultation.

Resisting Arrest in Virginia

Many clients come to our office with a simple question, What is resisting arrest? Unfortunately, the answer often varies depending on which police officer makes the arrest.

The Virginia Code Section 18.2-460 defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest. The statute outlines three examples that constitute resisting arrest.

It includes fleeing from a law enforcement officer when:

• The officer applies physical force to the person; or
• The officer tells the person that they are under arrest while having the legal authority and immediate physical ability to place the person under arrest—and a reasonable person would know that they are not free to leave.

In many cases, DUI and resisting arrest charges can arise out of the same interaction. For example, if a law enforcement officer advises you that you are under arrest for DUI and you attempt to drive away, you could receive resisting arrest charges. 

Virginia considers resisting arrest a Class 1 misdemeanor. A Class 1 misdemeanor in Virginia carries the potential of up to 12 months in jail and a fine of up to $2,500.

Assaulting a Police Officer

Virginia imposes a much more severe penalty for assaulting a police officer than for a typical assault charge. Even though Virginia includes assault and battery in the same statute, they are not necessarily the same thing.

Assault vs. Battery 

An assault occurs when the perpetrator commits an intentional act that puts the victim in fear of immediate harm. Virginia defines battery as the simple touching of another person, willfully or in anger.

Assault differs from battery because assault does not require actual touching of or contact with the victim, but battery does. Still, even minor contact can categorize the touching as a battery. The most obvious example of a battery is punching, hitting, or kicking someone.

But just a few other examples of conduct that could result in a battery charge include:

• Intentionally bumping into someone who is walking by;
• Throwing a snowball at someone with the intent to harm them; or
• Kissing a stranger without their consent.

As a general matter, Virginia considers an assault and battery charge a Class 1 misdemeanor. 

Penalty for Assaulting a Police Officer

However, Virginia imposes stricter penalties for assaulting a police officer, specifically more jail time. However, you can only face charges of assault of a police officer if the officer was on duty during the alleged assault. 

Virginia considers assault and battery on a law enforcement official a Class 6 felony. Technically, Class 6 felonies in Virginia can qualify as felonies or misdemeanors. When treated as a felony, a Class 6 felony in Virginia carries the possibility of between one and five years in prison.

At the discretion of the judge or jury trying the case, they can treat the charge as a misdemeanor and sentence you to jail for no more than 12 months, with a mandatory minimum sentence of six months incarceration. Additionally, a Class 6 felony carries a potential fine of up to $2,500. 

A felony conviction can inflict other hardships on your life, including difficulty finding housing, lack of employment opportunities, and restrictions on owning a firearm.

Remember, the bar for sustaining a battery charge is low. If you are facing an arrest, do not give law enforcement any reason to file additional criminal charges against you.

Even if you think your arrest is improper, you can argue your case more effectively if you avoid receiving additional charges for resisting arrest or assault and battery on a law enforcement officer. 

Charged with Resisting Arrest or Assaulting a Police Officer? Contact Attorney Andrew Flusche Today

Charges of resisting arrest or assaulting a police officer can lead to jail time, stiff fines, and the negative stigma of a criminal conviction.

My experience and personal knowledge of the inner workings of our local courts are critical to giving my clients the best opportunity to secure a favorable outcome—as you can see by taking a look at some of my results and testimonials from clients.

I have developed professional relationships with prosecutors and officers in the local court system. I strive to give you the outcome you need with the least amount of stress.

Contact my office today to start your initial consultation. I’m here to help. 

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