Cave Mountain Lake Campground is a National Forest Campground near Natural Bridge VA. It features about 45 dry sites and a modern bathhouse with hot showers available in the campground. It was 80% tents with a few small trailers last weekend, and I think 24 feet is about the largest trailer you'd want to bring in there. It's heavily wooded and the lake is a 5-10 minute walk from the campground.

I like campgrounds where the 50 foot luxury apartments on wheels can't go. This is in my top 3 VA campgrounds and we'll definitely be back.

My wife had never been to Natural Bridge State Park so on Saturday we headed there. It started raining around noon so we headed back to the camper for lunch and hung out for a while until the front passed through around 3 PM. It quickly got noticeably colder. I took advantage of the clearing skies to get a 4-mile hike in at the campground.

George Washington surveyed the area in 1750 and carved his initials into the rock. You can still see the G.W. but it was too far away to get a photo.

Graffiti has never not been an issue in our public lands.

On Sunday we packed up and parked in a strip mall just off of Downtown Lexington VA to explore the town and have brunch. Stonewall Jackson's civilian home is there but I'd toured it previously. Lexington is the home of Virginia Military Academy and Washington & Lee University and the town really leans into the Robert E Lee association.

They spelled traitor incorrectly.

Cave Mountain Lake Campground is a National Forest Campground near Natural Bridge VA. It features about 45 dry sites and a modern bathhouse with hot showers available in the campground. It was 80% tents with a few small trailers last weekend, and I think 24 feet is about the largest trailer you'd want to bring in there. It's heavily wooded and the lake is a 5-10 minute walk from the campground.

I like campgrounds where the 50 foot luxury apartments on wheels can't go. This is in my top 3 VA campgrounds and we'll definitely be back.

My wife had never been to Natural Bridge State Park so on Saturday we headed there. It started raining around noon so we headed back to the camper for lunch and hung out for a while until the front passed through around 3 PM. It quickly got noticeably colder. I took advantage of the clearing skies to get a 4-mile hike in at the campground.

George Washington surveyed the area in 1750 and carved his initials into the rock. You can still see the G.W. but it was too far away to get a photo.

Graffiti has never not been an issue in our public lands.

On Sunday we packed up and parked in a strip mall just off of Downtown Lexington VA to explore the town and have brunch. Stonewall Jackson's civilian home is there but I'd toured it previously. Lexington is the home of Virginia Military Academy and Washington & Lee University and the town really leans into the Robert E Lee association.

They spelled traitor incorrectly.

At some point in their lives, most people have decided to drive faster than the posted speed limit.

However, drivers should know that speeding offenses can carry serious consequences, particularly if you were traveling fast enough for your offense to be considered reckless driving.

I am Andrew Flusche, Attorney at Law, a dedicated Virginia traffic law and criminal law attorney who aggressively represents clients facing all types of traffic-related offenses.

I have helped countless drivers keep their licenses and stay out of serious legal trouble.

Are Speeding Tickets Criminal Offenses?

When it comes to the seriousness of a speeding offense in Virginia, a lot depends on the type of ticket. In Virginia, speeding is a traffic violation, which is not considered a criminal offense.

However, if the police pull you over and cite you for reckless driving, it is a crime.

More specifically, reckless driving is a Class 1 Misdemeanor, which carries potential penalties of up to six DMV points, a fine of up to $2,500, a jail sentence of up to 12 months, and a license suspension of up to six months.

Consequences of a Virginia Speeding Ticket

If you are issued a speeding ticket in Virginia, you will receive demerit points against your license.

If you accrue enough demerit points within a certain amount of time, the DMV suspends your license.

Your car insurance also gets more expensive, as the insurance company now considers you to be a more dangerous driver.

Typically, demerit points stay on your record for two years from the date of the offense. However, the underlying conviction itself remains on your record for a separately specified period of time.

For example, a speeding ticket for going one to nine miles per hour over the speed limit remains on your record for three years. However, a reckless driving conviction stays with you for 11 years.

What Is Reckless Driving in Virginia?

Under Virginia law, there are a few ways to pick up a reckless driving ticket. However, the most commonly issued reckless driving citation is based on speed.

In Virginia, reckless driving occurs when you either exceed the posted speed limit by 20 miles per hour or more, or you exceed 85 miles per hour, regardless of the posted speed limit.

For example, on a road with a speed limit of 60 miles per hour, you may face reckless driving charges if the police pull you over traveling 81 miles per hour.

However, if the speed limit was 70 miles per hour, as it is on some Virginia Highways, you may face reckless driving charges for traveling 86 mph, which is only 16 mph over the posted speed limit.

Can I Go to Jail for Speeding?

If police cite you for your speeding, there is no possibility of receiving jail time. This is because speeding is not a criminal offense. However, if you face reckless driving charges, there is a possibility of jail time.

If the police claim you were traveling over 95 miles per hour, it is possible that the judge will consider jail time.

There is no bright-line rule for when a judge may sentence you to jail, as it varies by location, court, the individual judge, and the circumstances of your case.

Can I Lose My License for Speeding?

There are two ways that a speeding or reckless driving citation could result in the suspension of your driver’s license.

If either a speeding ticket or reckless driving ticket puts you over your demerit-point limit, the DMV administratively suspends your license.

Alternatively, if you are found guilty of reckless driving, the judge could decide on his own to suspend your license. Judges typically suspend driver’s licenses for reckless driving in high-speed cases or when the defendant has a poor prior driving record.

If the judge decides to suspend your license, you may qualify for a restricted license. A restricted license allows you to drive for limited purposes, including to work, school, your children’s school, or the doctor.

Contact a Virginia Traffic Lawyer for Immediate Assistance

If you were recently issued a speeding citation or a reckless driving ticket, remember that you have options.

When you pay a ticket, it is the equivalent of pleading guilty, and you give up any right you have to fight the ticket.  And once you pay, it’s too late to go back if you change your mind.

I am Attorney Andrew Flusche, a respected Virginia reckless driving attorney who has extensive experience handling all types of traffic offenses.

Throughout my career, I have handled thousands of reckless driving cases, and I know what it takes to successfully defend against a Virginia speeding or reckless driving citation.

To learn more, call me at 540.318.5824 today. You can also reach me through our online contact form.

The post What Is the Severity of Speeding Offenses in Virginia? appeared first on Andrew Flusche.

Virginia divides criminal violations into two broad categories: misdemeanors and felonies.

Misdemeanors typically involve less serious offenses, while felony violations concern more serious crimes.

In most cases, misdemeanor convictions carry a shorter sentence for the defendant than felony convictions.

Additionally, defendants typically serve misdemeanor sentences at a county jail facility instead of a state prison, where felony sentences are served.

But even though misdemeanor charges are in the less serious category, they are most definitely not something you can ignore.

If you’ve been charged with a misdemeanor in Virginia, there’s no time to waste. Contact a Virginia criminal defense attorney with experience representing defendants accused of committing Virginia misdemeanors.

How Many Misdemeanor Classes Does Virginia Have?

Virginia has four classes of misdemeanors, labeled Class 1 through Class 4. Class 1 misdemeanors carry the potential for the most severe penalties, while Class 4 misdemeanor convictions authorize the least severe penalties.

Some criminal violations fit into more than one of the misdemeanor classes in Virginia.

Class 1 Misdemeanors

Class 1 Virginia misdemeanor penalties carry the potential of up to twelve months in jail and a fine of up to $2,500. Crimes Virginia considers Class 1 misdemeanors include:

• Reckless driving,
• Driving under the influence (DUI),
• Petit larceny,
• Indecent exposure,
• Disorderly conduct, and
• Assault and battery.

Virginia labels more serious criminal violations as felonies.

Class 2 Misdemeanors

While less severe than Class 1 penalties, the penalties for a Class 2 misdemeanor conviction can still have a significant and lasting impact on your life.

Examples of Class 2 misdemeanors in Virginia include:

• Possession of Schedule IV drugs,
• Driving without a valid license, and
• Aggressive driving.

Virginia considers Class 2 misdemeanors less serious than Class 1 misdemeanors. As such, Class 2 misdemeanors carry the potential of up to six months in jail and a fine of up to $1,000.

Class 3 Misdemeanors

Class 3 misdemeanors do not include the possibility of spending time in jail as do the above misdemeanor classes. Virginia Class 3 misdemeanors include:

• Violation of a custody/visitation order,
• Driving without car insurance,
• Possession of a Schedule V drug, and
• Unintentional damage to property or monuments.

Class 3 misdemeanors in Virginia carry the maximum potential penalty of a $500 fine. Even without the possibility of jail time, a misdemeanor conviction will appear on your criminal record.

Class 4 Misdemeanors

Class 4 misdemeanors make up the least serious class of criminal violations in Virginia. Examples of Class 4 misdemeanors in Virginia include:

• Public intoxication,
• Possession of a Schedule VI drug, and
• Leaving the scene of an accident with damage of less than $250 to unattended property.

A Virginia Class 4 misdemeanor conviction warrants a fine of up to $250.

Again, just because you aren’t facing jail time doesn’t mean you should take Class 4 misdemeanors less seriously. Any conviction on your criminal record may appear when someone checks your background.

Added Penalties Associated with a Misdemeanor Conviction

In addition to criminal violations, having a misdemeanor conviction on your record can negatively affect your life in other ways. Underlying consequences of a criminal conviction may include:

• Difficulty securing employment,
• Inability to receive approval for a loan,
• Mandatory attendance at substance abuse classes or counseling, and
• Affecting your immigration status.

We understand that facing a criminal conviction is a serious matter—no matter what class of misdemeanor you’re facing. 

How Can an Attorney Help Me with a Virginia Misdemeanor Charge?

In some cases, a legal defense applies that can help justify your actions when you committed the alleged violation. For example, if you’re facing an assault and battery charge, proof that you acted in self-defense could help defeat the charges against you.

Alternatively, police or prosecutor misconduct can lead to the exclusion of evidence from the trial, leaving the prosecution unable to present sufficient evidence to prove the charges beyond a reasonable doubt.

The court may exclude all evidence obtained through an illegal search conducted by police officers.

A qualified criminal defense attorney can negotiate with the prosecutor to have your misdemeanor charge dismissed so you can avoid a conviction altogether.

Alternatively, you could get your misdemeanor charges reduced to eliminate the possibility of spending time in jail.

Contact Andrew Flusche Today for Help Fighting Your Misdemeanor Charges

I am a Virginia misdemeanor defense attorney, and I limit my practice exclusively to traffic tickets and defending misdemeanor charges, giving me extensive experience representing clients in a similar position as you.

In fact, I have written books on reckless driving and DUI charges in Virginia. I approach cases with the goals of the client at the forefront of his mind and work to ensure you receive timely communication about your case. 

While you might think your Virginia misdemeanor charges aren’t serious, any criminal conviction on your criminal record can derail the plans you have for your life.

Keep things on track by contacting an effective and experienced attorney today.

The post Virginia Misdemeanor Classes and Penalties Overview appeared first on Andrew Flusche.

It’s been a while since I elevated a book review to the front page, so you know this book is special.

I finished Maid, by Stephanie Land last week. Put simply, it’s the best look at what life is really like for the working poor that you will read anytime soon, maybe ever. It’s been made into a Netflix special that is currently the hot thing on Netflix. Due to all the press from Netflix I knew her story had a happy ending. Without that, I may not have been able to finish the book. Stephanie does such a fabulous job of making the reader feel the stress, torment, and quite frankly, hunger, that defines life as a single mom on public assistance that you will find yourself emotionally drained after reading a few chapters. I’m not exaggerating when I say I had trouble sleeping the week I was reading this book. Imagine what it’s like for that not to be a book, but your reality. Go ahead - imagine it. Most of you reading here aren’t Republican, so I have faith you can do it.

The entire public assistance system in this country is backwards. It’s all built around shaming people for needing help, and making it difficult to in some cases impossible to get help. People who literally have to skip meals if they miss work are expected to miss work to stand in long lines completing pointless forms that may or may not be rejected on the whims of the petty bureaucrats that thrive in such a byzantine system. People who know their kids should be home sick instead send the kids to daycare, so they can work, because a sick but fed kid is better than a sick and hungry kid.

The system should default to providing help, then work to help people not need the assistance anymore. Instead, the system literally penalizes you making more money, or really doing anything to improve your situation.

Back to the book. A lot of it revolves around Stephanie’s relationship with the rich homeowners whose houses she cleans. And by relationship I mean there is no relationship. She is basically invisible to them, as are the millions and millions of service workers who spend their days making shit money while serving the needs of the rich that don’t even know, or care, that they exist.

Through it all, Stephanie gets by in spite of the stupid public assistance program, no help from her family, negative help from her ex, and every hurdle thrown at her by the healthcare, childcare, and every other “system” in this county. She raises her daughter and eventually claws her way to a college degree and out of poverty.

If you read that last paragraph and thought “The system works” you are the problem, not Stephanie and the millions like her, 99% of whom will not claw their way out of poverty like she did. Although there is a certain amount of irony in that she “does it” by quitting her job and moving to Bozeman, Montana to finish college on a combo of student loans and scholarships. Escaping poverty by loading up on student loans. The American Dream!*

Buy the book, or check it out from the library, or however you prefer to get books.

This author actually doesn’t know anything about Stephanie’s student loan debt level. But that ending was too good to pass up.

It’s been a while since I elevated a book review to the front page, so you know this book is special.

I finished Maid, by Stephanie Land last week. Put simply, it’s the best look at what life is really like for the working poor that you will read anytime soon, maybe ever. It’s been made into a Netflix special that is currently the hot thing on Netflix. Due to all the press from Netflix I knew her story had a happy ending. Without that, I may not have been able to finish the book. Stephanie does such a fabulous job of making the reader feel the stress, torment, and quite frankly, hunger, that defines life as a single mom on public assistance that you will find yourself emotionally drained after reading a few chapters. I’m not exaggerating when I say I had trouble sleeping the week I was reading this book. Imagine what it’s like for that not to be a book, but your reality. Go ahead - imagine it. Most of you reading here aren’t Republican, so I have faith you can do it.

The entire public assistance system in this country is backwards. It’s all built around shaming people for needing help, and making it difficult to in some cases impossible to get help. People who literally have to skip meals if they miss work are expected to miss work to stand in long lines completing pointless forms that may or may not be rejected on the whims of the petty bureaucrats that thrive in such a byzantine system. People who know their kids should be home sick instead send the kids to daycare, so they can work, because a sick but fed kid is better than a sick and hungry kid.

The system should default to providing help, then work to help people not need the assistance anymore. Instead, the system literally penalizes you making more money, or really doing anything to improve your situation.

Back to the book. A lot of it revolves around Stephanie’s relationship with the rich homeowners whose houses she cleans. And by relationship I mean there is no relationship. She is basically invisible to them, as are the millions and millions of service workers who spend their days making shit money while serving the needs of the rich that don’t even know, or care, that they exist.

Through it all, Stephanie gets by in spite of the stupid public assistance program, no help from her family, negative help from her ex, and every hurdle thrown at her by the healthcare, childcare, and every other “system” in this county. She raises her daughter and eventually claws her way to a college degree and out of poverty.

If you read that last paragraph and thought “The system works” you are the problem, not Stephanie and the millions like her, 99% of whom will not claw their way out of poverty like she did. Although there is a certain amount of irony in that she “does it” by quitting her job and moving to Bozeman, Montana to finish college on a combo of student loans and scholarships. Escaping poverty by loading up on student loans. The American Dream!*

Buy the book, or check it out from the library, or however you prefer to get books.

This author actually doesn’t know anything about Stephanie’s student loan debt level. But that ending was too good to pass up.

Can a misdemeanor be expunged in Virginia? The short answer to this question is “only rarely.” If you mean a misdemeanor conviction, getting a misdemeanor expunged in Virginia is possible only under certain limited circumstances.

At this point, with narrow exceptions, you can expunge only certain arrests and charges that did not lead to convictions.

In July 2025, a new law is coming into effect that will add many misdemeanor convictions to the list of actions that courts can expunge. 

Sealing Versus Expungement: The Confusion

Some confusion exists about the difference between the terms “expunge” and “seal.” Virginia defines these terms similarly.

In most other states, expungement means complete destruction of a criminal record so that no one will ever see it again while sealing means concealing it from the public but not law enforcement. 

In Virginia, the term “expungement” means essentially the same thing as sealing. If a Virginia court expunges your criminal record, the court can still access it.

Likewise, the police and prosecutors can still access it as long as the court issues an order permitting access. Employers, landlords, and the general public will not be able to access any record that a Virginia court has “expunged” or “sealed,” however.

What You Can Petition to Seal Under Current Law

As things stand right now, the only actions eligible for expungement are: 

• Charges that the prosecution dropped,
• Arrests that did not lead to convictions,
• Acquittals,
• Dismissals of misdemeanor charges that a court granted at the request of the victim,
• Dismissals were issued for certain other reasons,
• Charges based on mistaken identity,
• Convictions that were erased by an absolute pardon, and
• Juvenile convictions.

The law allowing expungement of the foregoing actions will remain in effect even after the new law goes into effect. The new law will simply add to the items that Virginia can expunge from your record.

Erasing Your Record from the Internet

From a practical point of view, expunging or sealing your record will do you absolutely no good if the internet contains copies of your expunged records.

Unfortunately, there are hundreds of companies that put criminal records on the internet. And let’s face it, the internet is probably the first tool that a potential employer, landlord, or even lover is likely to use to check your background.

Fortunately, the Fair Credit Reporting Act (FCRA) is a legal weapon you can use to demand that these companies remove expunged information about you from the internet.

Since the FCRA is federal law, it is valid throughout the country, so you can use it against a company located in any state.  

It’s important to take whatever action is available to you to remove expunged information from the internet.

If an internet background check company reports true information about you and your employer gets hold of it, how are you going to prove that the information is not true?

You can’t. The information would be true, even though it is confidential. There would be no way to stuff the genie back into the bottle. 

Your Right to Sue

If you find expunged information about you on the internet, you should send a cease and desist letter to the company, along with proof of the expungement.

As a general statement, you can file a lawsuit under the FCRA if the company refuses to delete your information within a reasonable time. But you are going to need a skilled lawyer to prevail under such circumstances.

Can You Get a Misdemeanor Expunged Under the 2025 Law?

Virginia’s new expungement law has already passed, but it will not go into effect until 2025. The law will allow people to petition for the expungement of Class 5 or Class 6 felonies, almost all misdemeanors, grand larceny, and dismissals pursuant to a deferral for a first offense.

DUI is one of the few misdemeanors that you will still not be able to expunge after 2025. 

Automatic Sealing

Although in most cases you must petition a court for expungement, after 2025 Virginia authorities will automatically seal certain types of misdemeanor records after seven years, including:

• Underage possession of alcohol, 
• Simple larceny, 
• Disorderly conduct, 
• Trespassing, and 
• Possession of marijuana.

Automatic sealing will be available only if you are free of any further criminal conviction during the seven-year period.

It’s Time to Act

If you think that you might qualify for a misdemeanor expungement, don’t delay discussing your situation with an experienced expungement attorney—you should talk to your attorney about petitioning for expungement as soon as you become eligible.

Expungement is a political hot button, and you will certainly regret delaying your expungement process if Virginia changes its expungement laws to your disadvantage.

My name is Andrew Flusche, and I know how to file for expungement in a way that maximizes your chances of success. I have helped clients navigate the Virginia expungement process, and I have the experience to do the same for you.

Call me at 540-318-5824, email me at andrew@andrewflusche.com, or contact me online for a free consultation.

The post Can I Get My Misdemeanor Expunged from My Record in Virginia? appeared first on Andrew Flusche.

So we decided that this week is 80s movie week in at the ODonnellWeb World Headquarters. My impressions of movies I have not seen in at least a few years below.

Fast Times at Ridgemont High

Holds up better than I expected it would. The gratuitous nudity and drug use would probably not be happening in a movie targeted at teens in 2021, but the iconic scenes and lines mostly still stick their landings. Mr. Hand is still hilarious, and statutory rape is still statutory rape. I will say that scene was not particularly unrealistic though. 20 something year old dudes working the high schools was absolutely a thing. The movie is obviously played for laughs, but the emotions the characters were dealing with were feelings any 16-year-old in 1982 was painfully familiar with.

Ferris Bueller’s Day Off

There comes a point in a man’s life when he is rewatching Ferris Bueller for the umpteenth time, and he finally recognizes an unescapable truth.

Ferris is the asshole.

That moment for me was years ago and in a way, that freedom makes watching the movie even more fun. As a ridiculous 90 minutes of teenage escapism, the movie holds up very well, especially if you ignore the huge plot holes that you probably missed at age 16. Like, how did Sloan know the nurse was coming for her in class? It’s obvious later in the movie she wasn’t in on the plan that day, and how the hell did Ferris pay for that day? He doesn’t have a job and his parents clearly aren’t giving him a $100/week allowance. What high school in 1986 had a computer system that was accessible via modem? Also, how did his sister not recognize Mr. Rooney in her kitchen, and how did the cops not find his wallet on the floor to substantiate Jeannie’s story about an intruder?

It’s still a great movie though.

Pretty in Pink

Today is my wife’s birthday, and she picked the movie. I had no choice.

Pretty in Pink is not one of those flicks that I have rewatched a dozen times since the 80s. Honestly, I barely remembered the plot and in many ways was seeing it for the first time. It certainly does not hold up as well as Ferris Bueller. First, the whole rich kids / poor kids thing just feels so forced. Maybe it’s because I grew up in DoD schools where that dynamic didn’t really exist. In my memory of the 80s, and cute girl was a cute girl and nobody was going to stop talking to their best friend because they were dating a cute girl from the wrong side of the tracks.

Second, the poor kids are wearing way more interesting clothes and listening to way more interesting music. Maybe that is how it really worked in the 80s? I was a jeans and concert t-shirt metal head. I have little experience with either group, but it just seemed to me the “poor” kids were way more interesting. It didn’t feel like the movie was trying to make that point.

Third, Duckie is basically stalking Andi.

Fourth. Andi lives on the wrong side of the tracks in Chicago. Shouldn’t there be at least of a couple of kids of color in her class? I mean, come on. It’s freaking Chicago.

Sixteen Candles, which is way more problematic with racism, at least sort of felt like it wasn’t taking itself seriously. Pretty in Pink absolutely wants to be a serious movie, and it’s not a particularly good one.

Real Genius

Released in 1985 at the height of Reagan’s Star Wars shenanigans, it features idealistic college kids taking on the defense-industrial complex (which has always included higher ed) when they realize the laser they just perfected is actually a secret government weapon.

It’s got a good 80s soundtrack, a generally wholesome message of the smart kids being the good guys, and as a PG rated film the sex and drug related content required in every 80s movie is more hinted at than explicit, 10-inch spikes notwithstanding.

Given the lack of change in the defense industrial complex, it holds up shockingly well,and I might even say remains relevant.

Also, my wife insists she had never seen it prior to last week. How is that possible?

Risky Business

Thursday night at trivia we learned that Breck has never seen Risky Business. That made the final movie choice for the week easy. This movie is such an 80s period piece. Actually now that I think about it, there is a pretty straight line from Joel to Bud Fox in Wall Street a few years later.

It has all the hallmarks of the yuppie years. Teenagers obsessed with getting into the right college to make a lot of money. Teens obsessed with the Porsche. Teens obsessed with sex. Okay, that one probably isn’t so 80s centric. It’s almost a weird art film attempt at a teen coming of age comedy. You can literally see Joel become the stereotype Tom Cruise character as the movie progresses.

The WTF line gets all the attention, but for me the line of the movie is delivered by the always great Curtis Armstrong, “I don’t believe this! I’ve got a Trig midterm tomorrow, and I’m being chased by Guido the killer pimp.”

It’s still entertaining, and of course Risky Business would never get made today. But the re-watchability of it is not on par with Fast Times or Ferris or Real Genius. It's too 80s, and not in the nostalgic sense that Fast Times captures. It's simply just dated.

And that’s a wrap on 80s movie week. There are definitely plenty more movies to revisit, so I think we will do this again soon.

So we decided that this week is 80s movie week in at the ODonnellWeb World Headquarters. My impressions of movies I have not seen in at least a few years below.

Fast Times at Ridgemont High

Holds up better than I expected it would. The gratuitous nudity and drug use would probably not be happening in a movie targeted at teens in 2021, but the iconic scenes and lines mostly still stick their landings. Mr. Hand is still hilarious, and statutory rape is still statutory rape. I will say that scene was not particularly unrealistic though. 20 something year old dudes working the high schools was absolutely a thing. The movie is obviously played for laughs, but the emotions the characters were dealing with were feelings any 16-year-old in 1982 was painfully familiar with.

Ferris Bueller’s Day Off

There comes a point in a man’s life when he is rewatching Ferris Bueller for the umpteenth time, and he finally recognizes an unescapable truth.

Ferris is the asshole.

That moment for me was years ago and in a way, that freedom makes watching the movie even more fun. As a ridiculous 90 minutes of teenage escapism, the movie holds up very well, especially if you ignore the huge plot holes that you probably missed at age 16. Like, how did Sloan know the nurse was coming for her in class? It’s obvious later in the movie she wasn’t in on the plan that day, and how the hell did Ferris pay for that day? He doesn’t have a job and his parents clearly aren’t giving him a $100/week allowance. What high school in 1986 had a computer system that was accessible via modem? Also, how did his sister not recognize Mr. Rooney in her kitchen, and how did the cops not find his wallet on the floor to substantiate Jeannie’s story about an intruder?

It’s still a great movie though.

Pretty in Pink

Today is my wife’s birthday, and she picked the movie. I had no choice.

Pretty in Pink is not one of those flicks that I have rewatched a dozen times since the 80s. Honestly, I barely remembered the plot and in many ways was seeing it for the first time. It certainly does not hold up as well as Ferris Bueller. First, the whole rich kids / poor kids thing just feels so forced. Maybe it’s because I grew up in DoD schools where that dynamic didn’t really exist. In my memory of the 80s, and cute girl was a cute girl and nobody was going to stop talking to their best friend because they were dating a cute girl from the wrong side of the tracks.

Second, the poor kids are wearing way more interesting clothes and listening to way more interesting music. Maybe that is how it really worked in the 80s? I was a jeans and concert t-shirt metal head. I have little experience with either group, but it just seemed to me the “poor” kids were way more interesting. It didn’t feel like the movie was trying to make that point.

Third, Duckie is basically stalking Andi.

Fourth. Andi lives on the wrong side of the tracks in Chicago. Shouldn’t there be at least of a couple of kids of color in her class? I mean, come on. It’s freaking Chicago.

Sixteen Candles, which is way more problematic with racism, at least sort of felt like it wasn’t taking itself seriously. Pretty in Pink absolutely wants to be a serious movie, and it’s not a particularly good one.

Real Genius

Released in 1985 at the height of Reagan’s Star Wars shenanigans, it features idealistic college kids taking on the defense-industrial complex (which has always included higher ed) when they realize the laser they just perfected is actually a secret government weapon.

It’s got a good 80s soundtrack, a generally wholesome message of the smart kids being the good guys, and as a PG rated film the sex and drug related content required in every 80s movie is more hinted at than explicit, 10-inch spikes notwithstanding.

Given the lack of change in the defense industrial complex, it holds up shockingly well,and I might even say remains relevant.

Also, my wife insists she had never seen it prior to last week. How is that possible?

Risky Business

Thursday night at trivia we learned that Breck has never seen Risky Business. That made the final movie choice for the week easy. This movie is such an 80s period piece. Actually now that I think about it, there is a pretty straight line from Joel to Bud Fox in Wall Street a few years later.

It has all the hallmarks of the yuppie years. Teenagers obsessed with getting into the right college to make a lot of money. Teens obsessed with the Porsche. Teens obsessed with sex. Okay, that one probably isn’t so 80s centric. It’s almost a weird art film attempt at a teen coming of age comedy. You can literally see Joel become the stereotype Tom Cruise character as the movie progresses.

The WTF line gets all the attention, but for me the line of the movie is delivered by the always great Curtis Armstrong, “I don’t believe this! I’ve got a Trig midterm tomorrow, and I’m being chased by Guido the killer pimp.”

It’s still entertaining, and of course Risky Business would never get made today. But the re-watchability of it is not on par with Fast Times or Ferris or Real Genius. It's too 80s, and not in the nostalgic sense that Fast Times captures. It's simply just dated.

And that’s a wrap on 80s movie week. There are definitely plenty more movies to revisit, so I think we will do this again soon.

On July 1, 2021, marijuana became legal for recreational use in Virginia. So can you get a DUI for weed? Yes. If the police catch you driving while “stoned,” Virginia will charge you with driving while intoxicated.

You can characterize that charge as either DUI or DUID (driving under the influence of drugs).

The penalties for DUID are the same as the penalties for DUI because it is essentially the same charge.

Marijuana DUI: The Legal Standard of Intoxication

The most important difference between a DUI for alcohol and a DUI for marijuana (a DUID) is that Virginia has no formal standard of intoxication for marijuana.

For alcohol, Virginia will presume that you are an impaired driver if your blood alcohol concentration exceeds 0.08%. No such objective standard exists for marijuana, although the state can use chemical testing as (inconclusive) evidence of DUID.

Impairment: Can You Get a DUI for Weed Based on the Presence of THC in Your Bloodstream?

In an adult DUI case, the Code of Virginia presumes you are NOT guilty of alcohol-DUI if your blood alcohol content is .05 or less.

In a marijuana DUID case, by contrast, you could be either guilty or not guilty with any amount of THC in your system at all. The issue is not how much THC was in your blood but whether you were driving “impaired” because of marijuana.

By contrast, Virginia is not likely to prosecute you for possession of marijuana due to the presence of THC in your bloodstream.

Keep in mind that in Virginia, the police can arrest you for smoking marijuana or possessing an open container of marijuana (presumably even a “joint”) even as a passenger in a vehicle that you are not driving.

The Role of Chemical Testing

Chemical testing is one form of evidence of marijuana impairment, but so is:

• Your driving behavior, as observed by the officer and any witnesses; 
• Your own statements; and
• Your performance on field sobriety tests (physical and mental tests for impairment that the officer administers at the scene of the traffic stop).

If you refuse to submit to chemical testing, the prosecutor can use your refusal as evidence of your guilt. Virginia can also suspend your driver’s license simply for refusing a chemical test, even if you were not impaired.

Defenses

There is more than one way to beat a DUI for weed in Virginia. Below are descriptions of the two most popular ways.

Fourth Amendment Violation

The Fourth Amendment to the US Constitution prevents the police from searching your car or your person, or even pulling you over without some sort of justification.

For a traffic stop, the police normally need reasonable suspicion. If they pull you over without it, the judge may exclude everything they found from evidence.

Does the odor of marijuana justify a search of your car or your person?

No. The police may not search you or your car due solely to the odor of marijuana. Two exceptions are at the airport, and when you are driving a commercial vehicle.

Are sobriety checkpoints legal?

Virginia courts have ruled that sobriety checkpoints, where the police can check every driver at a given intersection for intoxication without reasonable suspicion, are legal in most cases.

But they are illegal in some instances, such as when police only stop drivers of a certain race. The police cannot pull you over simply for evading a sobriety checkpoint.

The Bottom Line: Virginia DUID Penalties

In Virginia, the penalties for DUID are as follows:

• First offense (a Class 1 misdemeanor): Up to 12 months in jail, a fine of $250 to $2,500, and a one-year driver’s license suspension.
• A second offense within five to ten years (Class 1 misdemeanor): A minimum of 10 days in jail (up to a year), plus a minimum fine of $500 (up to $2,500) and a three-year driver’s license suspension.  
• A second offense within five years (Class 1 misdemeanor): 20 days to one year in jail, a minimum $500 fine, and a three-year driver’s license suspension. 
• A third offense within 10 years (Class 6 felony): A minimum of 90 days in jail (up to 5 years) plus a minimum fine of $1,000 (up to $2,500), an indefinite driver’s license suspension, and forfeiture of your vehicle.
• A third offense within 5 years: A minimum of six months in jail (up to five years) plus a minimum fine of $1,000 (up to $2,500), an indefinite driver’s license suspension, and forfeiture of your vehicle.

Other penalties, such as community service and mandatory participation in the Virginia Alcohol Safety Action Program (VASAP), may also apply.

The penalties for further offenses are even more severe. The professional consequences can be devastating as well.

Now Is the Time to Start Preparing Your Defense

Did you get a DUI for weed? I am Andrew Flusche, and I will begin preparing your defense as soon as you retain me.

I handle all my cases personally and fight hard for my clients. Please examine my client reviews here.

Call me at 540-318-5824, email me at andrew@andrewflusche.com, or contact me online for a free consultation. My office is in Fredericksburg, Virginia.

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