We are proud to announce the winner of the Andrew Flusche Scholarship for the spring semester of 2022: Rakia Holmes.

Rakia produced an awesome video about how motorists can share the road with pedestrians and bicyclists. You can check out her award-winning video below!

Rakia is pursuing her bachelor’s degree in Business at the University of North Texas (UNT).

If you or someone you know could benefit from our scholarship program, please send them to either the main scholarship page or the law student scholarship page. I am always happy to be able to help students with their educational goals.

The post Winner of Spring 2022 Andrew Flusche Scholarship appeared first on Andrew Flusche.

First of all, for those of you not from these parts, it is pronounced pow-ah-tawn.

After the rain out yesterday today was nice so I got up and made the 30 minute drive to the park. I did about 7 miles, pretty much flat, and also identified 21 bird species on the day too. That was my first time to that particular state park. I'll be back.

Photos below embedded from Pixelfed, the Fediverse answer to Instagram. I'm getting back into open web technologies and trying to minimize use of InstaFaceTweet. Reality is I'll have to publish here if I want anybody to see anything, since 95% of my friends are here.

We should be camping this weekend, but Michelle is recovering from a sinus infection. We should have been camping last weekend but I was just getting over a conference flu from DrupalCon. It was conference flu and not COVID, confirmed by multiple tests. Maybe it's just as well as last weekend was a rain out, and today is a rain out too. I can't believe we are this far into May and still haven't been camping. We will make up for it in the coming months though as we have over 30 nights booked over the summer.

Yesterday was a banner day for blues rock music. Dan Baird, who retired from touring a couple of years ago, formed a new band with Tom Petty's drummer and they dropped an absolutely fabulous album yesterday. I'm not exaggerating (much) when I say I've had it on repeat play for the last 24 hours.

The Chefs - Sing For Your Supper

Ghost Hounds also dropped a new record yesterday. They dialed up the blues and dialed down the rock on this one, producing a record that is more of a traditional blues record than a rock record.

Ghost Hounds - You Broke Me

We finished season 3 of Deadwood last night. I thought season 3 was pretty dull up until episode 9. The last 3 episodes were good though. Season 1 and 2 were fabulous. I assume season 4 was going to have something for the theater troop to do because I have no idea why they were there in season 3. We also finished Ozark recently and I thought both shows delivered basically the same message. The rich white guys will always get away with it. Ruth fought it and died. Swearengen played the game and survived. We plan to watch the movie tonight.

With the world's richest crybaby threatening to to take over Twitter and make it even more of a cesspool than it already is, I've been playing with Mastodon more. Mastodon is a challenge to get started with because there is no algorithm, which of course is a very good thing. However on initial account set up you have nothing on your wall. You have to go find people to follow. Now that I've got a a few dozen active users that I'm following I'm finding I like it more than Twitter. Nobody is trying to game the algorithm, nobody is selling anything, nobody is building a personal brand. It's just people sharing stuff and chatting.

Also the idea of instances takes a minute to wrap your brain around. With Mastodon there are 3 timelines. Your timeline, of people you follow. The local timeline of everybody using the same instance as you. And the federated timeline, which is every user worldwide minus any instances that your instance may be blocking. If you pick an instance focused on something you care about the local timeline should be mostly stuff you care about. I'm currently on a general instance run by the founder but I'm actively looking for a Mastodon instance that is a smaller and more populated with my people. I probably won't completely quit Twitter as a lot of work related networking happens there, but I am definitely dialing back my time on the Bird Site.

As I was typing this I got a call from the 804 area code. I let it go to voice mail and it was some guy that wanted to discuss the bible with me. So if you are wondering how it's going for Christian churches, they've apparently entered the smile and dial phase of spreading the word. I'm guessing that is not a positive indicator for local church attendance. Now I'm curious if people skipped church for the pandemic and maybe a significant percentage just didn't go back? On a quick search this article suggests church attendance has not recovered fully, and may never do so.

What's happening in your world? Hit my new comment feature below and say hello. There is no login and no tracking of comments. That also means there is no notification feature, which is not great. But given the volume of comments that get left here (it reduces to zero, it probably doesn't matter.

Sometimes drivers pick up an out-of-state DUI charge while only temporarily in or visiting Virginia.

If you find yourself in this situation, representation from a highly-experienced Virginia DUI lawyer can help you minimize the impact an out-of-state DUI can have on your life.

You should act fast to ensure that you have the best chance to protect all of your rights.

If you don’t live in Virginia but have a DUI charge in the Commonwealth, you might not know where to turn for legal advice.

Choosing an attorney who exclusively handles DUI and traffic cases in Virginia might be the best solution for you.

I am attorney Andrew Flusche, and I focus my practice on Virginia DUI, traffic, and misdemeanor charges, so I can help people like you every step of the way during criminal proceedings. 

What Happens if You Get a DUI Out-of-State?

You should expect to receive the same treatment as Virginia residents receive when police charge them with a DUI. The same law applies to visitors. 

Under Virginia law, a person is driving under the influence when driving with a blood alcohol concentration (BAC) of 0.08% or greater, even if you don’t feel drunk.

Furthermore, you can get a DUI charge if you have minimal amounts of cocaine, amphetamine, or phencyclidine in your blood.

Virginia law has a catch-all provision in it. The law says that you may also face a DUI charge if you drive while impaired by alcohol, drugs, or both.

Essentially, that means you can pick up a DUI out-of-state even if you refuse or cannot perform the breathalyzer test.

The police must offer you a preliminary analysis of your BAC if they suspect you are drunk driving and a preliminary breath test is available.

You CAN refuse to take this test under Virginia law. The prosecutor cannot offer evidence of your refusal to take a preliminary breath test in evidence at trial, except if you challenge your arrest.

Virginia’s Implied Consent Law

Virginia’s implied consent law says that any person who drives in the Commonwealth of Virginia consents to take a breathalyzer or other chemical test if the police have probable cause to suspect DUI.

Your implied consent stems from the mere fact that you drove on a public road in Virginia. 

If you are under arrest for DUI, the police will ask you to take a breathalyzer test, urine test, or blood test to determine if you drove drunk. You can refuse to take this test, but there are repercussions.

Refusing a breath test violates Virginia law. A breath test refusal on your record is a civil infraction. The penalty is license suspension for one year.

Refusing a breath test within 10 years after a DUI or refusal conviction results in a three-year license suspension. The suspension for a breath test refusal is added on to any license suspension you suffer if convicted of DUI.

There is a potential benefit to refusing the breath test: the prosecution cannot offer your breath test refusal as evidence of guilt at trial.

However, they can offer it for the limited purpose of explaining why the jury did not hear evidence of a breath test. 

What Are Virginia’s DUI Penalties?

DUI is a Class 1 misdemeanor in Virginia. The law indicates that you must pay a minimum fine of $250, and you could go to jail for up to one year after a conviction.

You would have to serve five days minimum in jail if your BAC reading was 0.15% to 0.20%. The judge must sentence you to at least 10 days in jail if your BAC reading exceeds 0.20%.

Having a previous DUI conviction on your record will increase the penalties.

You should be aware that the prosecutor in Virginia can use your prior DUI convictions against you even if they happened in another state, such as your home state.

If you subsequently pick up a DUI charge in your home state, the prosecutors in your home state can use a Virginia DUI conviction against you. 

Out-of-State DUI License Suspension

The Commonwealth of Virginia has no authority to suspend a driver’s license issued by another state. As a result, the law says that Virginia will suspend your driving privileges in Virginia for a DUI conviction. 

Theoretically, Virginia should report your DUI suspension to the Department of Motor Vehicles in your home state. That doesn’t always happen. If it does, then your home state could suspend your license because of your Virginia DUI.

Protect Your Rights with a Highly Experienced Virginia DUI Attorney 

As someone who focuses their practice on DUI cases in Virginia, I understand how important it is to clear your name.

Having a DUI conviction can make your life more difficult. You shouldn’t just go to court and plead guilty to the charges because you want to “get it over with” quickly.

The consequences can follow you for years, so it’s best to use the most strategic defense possible.

I work with many people who live in other states. Contact me today for a free consultation by calling 540-318-5824.

The post What Happens If I Get a Virginia DUI as an Out-of-State Driver? appeared first on Andrew Flusche.

Facing a third DUI conviction can be incredibly stressful. The fear of the unknown can be overwhelming.

You are probably wondering what your third DUI consequences might be.

You might be wondering, Will I go to prison? How long will the judge give me? Or, can I beat the case? 

There is hope for anyone charged with a third-offense DUI in Virginia.

Although the Virginia laws for a third DUI offense are strict, a highly-skilled Virginia defense attorney can put you in a favorable position to minimize the impact the case has on your life.

As a Virginia DUI defense lawyer, I dedicate my practice to defending DUI cases and other traffic infractions.

I will draw on my experience and work with you to craft the best defense for your specific situation.

For a Third Conviction of DUI, What Is the Penalty?

The penalty you might face for a third DUI conviction depends on the amount of time between your second and third offenses.

Under Virginia law, three DUI convictions within 10 years is a Class 6 felony. That means you face up to five years in state prison if convicted.

Additionally, you may have to serve a minimum-mandatory jail sentence of six months if all three convictions happened within five years.

You will receive a 90-day minimum sentence if all three convictions are within 10 years. The court must also impose a fine of $1,000, and you will lose your driver’s license indefinitely. 

Think about the impact such a sentence would have on you and your family.

Would you be able to support your family? Will your boss let you keep your job if you go to jail for six months or even 90 days? Can you even keep your job if you have a felony conviction?

As you can see, there are severe consequences for a third DUI conviction.

Defenses for Third Offense DUI Charges

You are probably wondering, Can you avoid jail time after the third DUI? A skilled and dedicated DUI defense lawyer who practices DUI defense every day, as I do, just might give you the edge you need to stay out of jail.

Your first line of defense begins with trying to beat your charges.

I will examine your case thoroughly and look to exploit mistakes the police made to help you achieve the best possible outcome. There are many opportunities to exploit police mistakes.

DUI cases are extremely technical cases with many pitfalls that the officer could mess up. Even experienced officers make mistakes when trying to investigate a DUI.

For example, if you were involved in an accident, the officer likely did not witness you behind the wheel of the vehicle.

In order to use the breath test against you, the Commonwealth will need to prove that you did in fact operate the vehicle within three hours of being arrested.

If the Commonwealth cannot prove the time of driving, there may be no breath certificate for your case which gives you a fighting chance to win the DUI itself.

The officer making a tiny mistake by NOT asking you about the time of the accident could mean the difference between a conviction and a dismissal.

Other DUI Defenses

There are also ways to attack breath tests. Machines are fallible—as are the people who program them. DUI breath test machines might not work correctly. Or, they might work correctly and still give a false reading.

If you can cast doubt on the test results, you may be able to get them thrown out. If you can’t get the results thrown out, your lawyer may be able to convince a jury that they were inaccurate.

Either of these can be a big step toward winning your case.

There is another way to challenge the evidence before trial. You could ask a judge to throw out evidence if the police violated your Fourth Amendment rights.

The police need a reason to pull you over. If they don’t have a valid reason, the judge will likely deem all of the evidence they gather from the illegal stop inadmissible. 

If the current case against you is solid, you might want to try to knock out some of your prior convictions. There might be an error that could require a judge to remove one or more of your previous convictions.

If you are successful, you will not face a third DUI conviction. 

Contact My Office for a Free Consultation

I handle every aspect of my clients’ defenses. My connection with my clients allows them to trust me and gives them confidence that they are in good hands.

My AVVO, Google, and Yelp reviews illustrate the client-centered approach I bring to every case.

Contact me today, Andrew Flusche, Attorney at Law, at 540-318-5824. I am ready to help you as your Virginia DUI lawyer. 

The post What Are the Penalties for a Third DUI Offense in Virginia? appeared first on Andrew Flusche.

I added a new photo management plug-in to my blog CMS. So this is mostly a test article to see if it works. It may also become a regular monthly feature.

gallery: {photo}april2022

I wasn't really planning this, but I added a comments section back to the site yesterday. It uses javascript to store and display comments that get written to an Azure server. So no ad supported third party systems that are tracking you are involved. The estimate from the developer is that this system should handle a blog with thousands of comments a month for about 3 cents per month.

My first bill for .0001 cents should fun.

Source code from https://github.com/LeeHolmes/statique

After two years of virtual DrupalCons it was really great to get back to an in-person event. I have to admit, I was not feeling it when I flew out on Friday. I was looking forward to meeting up with several friends over the weekend before DrupalCon started, but I was pretty meh about the convention.

My travel day got off to a fabulous start when Amtrak cancelled my trip due to lack of a train, and told me there were no more seats available going north from Richmond for the day. I had a 7 PM non-stop flight from DC to Portland, then I was flying back to Richmond via a red-eye flight to JFK.

Don’t ask.

Anyway, I thought I’d just drive to DC, before my wife asked how I planned to get the car back to Richmond. As I was mulling it over, I decided to check Amtrak.com and found a seat on a train leaving in less than an hour. Problem solved. I was mostly packed, so I quickly finished and was dropped off at the nearby train station to arrive at 1 PM for a 7 PM flight. I burned an hour at a Mexican restaurant for lunch, but still ended up at the airport around 2 PM. The flight to Portland was uneventful, and I got to the AirBnB around 10:30 PT. I moved to a convention hotel on Monday.

Saturday, I spent the day with a high school friend hiking and checking out Mt. Hood.

Sunday I did a 3-hour bike tour of Portland, followed by lunch with a friend that lives here in the DC area. Why drive 1-hour each for lunch when we can fly 3000 miles instead? Then I went out to the arboretum where this east coast boy got to see Redwoods and Sequoias up close for the first time. That was followed by happy hour with the fabulous Melissa Wiley and Scott Peterson. We’ve only been online friends for at least 15 years, so we might have been pushing it on a real-life meetup so quickly.

Sunday night was a pre-DrupalCon happy hour, and upon running into at least a dozen friends I had not seen in 2+ years, the meh feeling I started the trip with was gone. I missed my Drupal community. The Con was much smaller than a typical DrupalCon, which was not unexpected given the circumstances. I did 8 hours of volunteer registration desk duty but had no booth this year, so I was free to roam the halls and attend sessions. Except for the smaller turnout, it was pretty much a normal DrupalCon. Pantheon and Acquia threw big parties. Pantheon also sponsored a much smaller game night that was loads of fun. Trivia night featured me not winning, as you would expect. Too many reunions with friends to even count, great dinners with even better people, decent greasy pizza with fun people, and interesting conversations all around made for a great week.

I had forgotten just how exhausting a DrupalCon can be, though. Being “on” 18 hours a day is apparently a skill that requires practice, and woo boy was I out of practice. I was beat by Wednesday and operating on fumes by Thursday. That probably had something to do with me pretty much sleeping through my red-eye flight back to the East Coast Saturday night. I finally made it home around 1:30 PM Friday, where I went straight to bed.

LOL. I work for an agency. I went straight to me desk.

On Saturday we headed two hours west to Harrisonburg, VA for the Rocktown Beer and Music Festival. First of all, how have I lived in this state this entire century without hearing about the festival that has been happening since about 2012? I only knew about it this year because I follow the headlining band on Facebook, and they shared it. Given my interests how does Facebook not make sure I know about every music and beer fest within a days drive?

Anyway, the festival ran 3-8 so we got a room and made it an overnight trip. There were about 70 beers available, and my entrance fee got me 4 oz samples of 10 of them. Earlier that day Southampton beat Arsenal in a Premier League match with serious Champions League implications for the Spurs and ManU. Their supporters at the festival made sure I knew how much they appreciated the Saints victory. At least six guys thanked me for the match. One of the guys pouring beers was a Celtic supporter, and there are several former Celtic players on Southampton. He gave me a free pour. Beautiful weather, a cute date, live music, and free beer. Pretty much a perfect day! I sampled 10 beers that I had never had before. I didn't bother to keep notes or anything.

Both bands were great too. The opener was The Nude Party, a band made up mostly of 20-something year old kids that play late 60s / early 70s garage pop. Seriously, check them out.

Next up was Abbey Bryant & the Echos. We saw them in Roanoke last November. They killed it. Abby really should have a much wider following.

After the show we hit capital Ale House, because you know, I had not had enough beer yet. So after a snack and another beer we called it a night.