Archives for the ‘Blog Entries.Local’ Category

What Are the Penalties for a Fourth Offense DUI in Virginia?

Author: From https://www.andrewflusche.com • Aug 17th, 2021
   Category: Blog Entries.Local

dui in virginiaDrunk driving results in the loss of thousands of lives each year across the state of Virginia. In fact, 264 of Virginia’s 827 traffic fatalities involved the presence of alcohol.

Virginia criminalizes the act of operating a motor vehicle while under the influence of alcohol, and law enforcement authorities enforce DUI statutes with consistency. In 2019 alone, 18,648 people received DUI convictions in Virginia.

Despite the stiff penalties associated with the crime of drunk driving, it still occurs with alarming frequency.

DUI convictions carry significant monetary penalties, and in some cases, a mandatory jail sentence. If you receive a fourth DUI charge in Virginia, contact me to determine what options are available to you. 

Virginia Penalties for Fourth DUI

Virginia legislators have passed some of the strictest DUI laws in the country. For example, Virginia requires first-time offenders to give up their driver’s license for an entire year.

In an attempt to limit repeat offenders, Virginia imposes more severe penalties on individuals convicted of DUI multiple times. 

For instance, for a 4th DUI in Virginia a driver faces one year of mandatory jail time. Please keep in mind that mandatory jail time means that the judge does not have the discretion to lower that jail sentence.

It is set by the legislature, written into the laws of the state, and is non-negotiable if you are convicted for a fourth offense. 

Additionally, the driver can incur a minimum fine of $1,000. Unlike the jail time, this amount is a minimum. The judge does have discretion to increase that amount as they see fit.

A fourth time offender also faces the suspension of his or her license for an indefinite period of time. A 4th DUI in VA carries the classification of a Class 6 felony.

Additional Consequences of a 4th Offense DUI

Legal penalties associated with a fourth DUI are provided above. However, DUI convictions impose additional consequences outside of the criminal justice system, including:

  • Increased insurance rates;
  • Installation of an ignition interlock device;
  • Loss of driving privileges; and
  • Loss of job opportunities.

These added penalties cause far-reaching issues for individuals with multiple DUI convictions. Before pleading guilty to a DUI charge, consult with an experienced DUI attorney to determine whether the facts of your case warrant lessening your charges. 

Defenses to DUI Charges

A number of legal defenses are available to drivers accused of driving under the influence. Getting your charges reduced or dismissed is a possibility when one of these legal defenses exists in your case. Consult with me to determine whether any of these circumstances apply to your case.

Invalid Traffic Stop

Authority to initiate a traffic stop requires law enforcement officers to have a “reasonable suspicion” that you are violating the law. If there is no reasonable suspicion of illegal activity, the police cannot stop you.

Potential violations that constitute reasonable suspicion include equipment violations or minor traffic infractions, in addition to indications of driving under the influence.

In other words, if police witness an erratic driving pattern, this can give them reasonable suspicion that you are under the influence of some mind-altering substance like alcohol or drugs. Common signs of impairment that police look for include:

  • Failure to maintain a single lane;
  • Failure to use turn signals;
  • Driving too slow for road conditions;
  • Slow reaction time; and
  • Lack of awareness of stoplights and signs.

If an officer charged you with DUI but did not have reasonable suspicion to make the initial traffic stop, you may have a valid defense to your charges.

An attorney could fight to show that no reasonable suspicion to stop you existed. If they succeed, they will likely be able to get any evidence obtained during or after the traffic stop excluded—including your breath test results. 

Advisement of Miranda Rights

Many individuals charged with DUI are not aware of their rights. Police officers are required to notify individuals they suspect of driving under the influence of certain information before conducting an examination to determine your BAC.

Advisement of Virginia’s implied consent law is required. 

Additionally, the law requires police to advise individuals of their Miranda rights once they are “in custody.”

So if officers questioned you without first reading your Miranda rights to you, the information you provided could be deemed inadmissible in court. 

Testing Equipment Malfunctions

 

Chemical tests used by law enforcement to ascertain a driver’s BAC are not infallible. The machines used to collect breath samples from defendants require routine calibration and maintenance to ensure the accuracy of their results.

Improper test administration and operator error can also contribute to inaccurate readings. Virginia requires breath test administrators to have a valid license to obtain the breath test results.

This license is issued by the Virginia Department of Forensics. If the person who administered your test does not have a valid license, the court can exclude the BAC results from the prosecution’s case.

If authorities obtained your BAC by administering the test incorrectly or with a machine that was not properly maintained, we can argue to have your DUI charges dismissed.

Facing a 4th DUI Charge in Virginia? Hire an Experienced Criminal Defense Lawyer Today

I have represented thousands of clients throughout Virginia with a wide array of criminal issues. I understand the stress you are under, and I know that you need an ally and advocate.

When your liberty is at stake, consulting with an attorney who has extensive professional relationships with local law enforcement and prosecutors is an invaluable asset.

I take a result-oriented approach, meeting with clients one-on-one to determine your desired result. Contact my office today to discuss your case.

 

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



Jim Beam Repeal Batch & Le Carême Pairing

Author: From http://www.musingsoverabarrel.com/ • Aug 12th, 2021
   Category: Blog Entries.Local

I've experimented with a lot of cigar and beverage pairings over the past few years. Be it whiskey, beer, coffee, soda, tea, etc., many work, some do not. Surprising as it may seem, I find coffee to be one of the hardest things to pair with cigars, especially black coffee. (Which, face it, is the only proper way to drink coffee.) Plain water is way down on my list when it comes to cigar accompaniment. To me it rarely enhances, and sometimes detracts from the cigar's flavor.

Most enjoyable are those times when a pairing works exceptionally well. That was the case recently when I poured some Jim Beam Repeal Batch bourbon with the Crowned Heads Le Carême Belicosos Finos 2021.


Jim Beam Repeal Batch is a bottle I picked up when it was first released in 2019. I enjoyed it, and emptied most of the bottle, before being distracted by other things. Repeal Batch is said to have been inspired by the Jim Beam bourbon of the 1930's. The bourbon is aged four years, is non-chill filtered, and bottled at 43%ABV. The flavor profile features oak, butter, and vanilla. It's a very smooth sipper with a clean finish. It sells locally (when you can find it) for $16.99 for a 750 ml bottle. It's a fine whiskey at a bargain price.

Recently I had to urge to dig out the Repeal Batch again. When I had the chance to do so on a recent Friday evening, I thought hard about what cigar to enjoy with it. I settled on the limited edition Le Carême Belicosos Finos 2021. Le Carême from Crowned Heads is one of my "keep on hand" cigars and the belicosos format is one I really enjoy in many cigars.


This turned out to be a great pairing, surpassing even my expectations. The cigar is medium bodied with creamy, sweet notes. There's a touch of cedar spice to add some complexity. The sweet oak and vanilla of the bourbon complimented it to perfection.

When I picked up this bourbon a couple years ago, the guy at the ABC store remarked, "At that price, you should buy more." In retrospect, he was right, and I'll probably grab more when I see it on the shelves. After a long period of unavailability, the regular production Le Carême is back in the stores. The limited release series is probably gone until another year, but I'll be watching for it too.

Cheers!


Lookout Brewery, Black Mountain, NC

Author: From http://www.musingsoverabarrel.com/ • Aug 9th, 2021
   Category: Blog Entries.Local

A couple of weeks ago we escaped to western North Carolina to disconnect for a week of relaxation. We ensconced at a bed and breakfast for the week, which made for a nice base of operations. We would eat a hearty meal in the morning, then head out for a day of hiking, sight seeing, and brewery visits. 

We were treated to an appearance by the local bird feeder bandit one evening as we enjoyed dinner on the patio. The hungry bear stepped out of the woods, stared at us for a moment, then retreated back into the trees.


Naturally, I was looking forward to enjoying cigars at local breweries during the trip. Surprisingly, the NC breweries we visited were, with one exception, less than accommodating when it came to that pleasure. Of course, there are dozens of breweries in the Asheville area, so maybe we just hit the wrong ones. As so many of our local breweries allow cigars, many even having humidors onsite, I was shocked by the restrictions at breweries in our neighboring state.

One notable exception was Lookout Brewing in Black Mountain. We stayed right outside of the town, so it was just a short drive to the brewery. That was fortunate as this was the only brewery that we opted to pay a return visit to, as much for the beer and atmosphere as the chance to enjoy a cigar.


We ordered a couple of beers, and grabbed a table on the side patio in the shade. I quickly lit a Liga Privada Sun Grown Maduro to enjoy with the Toasted Hazelnut Dunkel. The Dunkel had notes of coffee and a pleasing nuttiness. It was a refreshing foil to the rather warm temperature and as expected paired well with the cigar. The resident food truck was not open so we grabbed two delicious wood fired pizzas from the shop right across the street. (We were enjoying the leftovers at the B&B when the bear paid a visit.)


We returned later in the week for more good beer, food, and a smoke. This time the food truck was open and we gorged ourselves on some tasty, and large, hot dogs. This time I opted for Curren's Cloudbreaker Hazy IPA. For my smoke I lit one of my favorites, the Powstanie Broadleaf, in the Belicoso format.


The Hazy IPA was very well done. There was a refreshing fruitiness, without being overly sweet, and balanced with just the right amount of hop bitterness. Mouthfeel was creamy with a clean finish and the moderate 5.7% ABV made it easy to go for a refill. 

I was struck by the friendliness of the patrons at the brewery. The crowd seemed be mostly "local" rather than "tourist" like us. In fact, Lookout Brewing reminded me a lot of my favorite local haunt for enjoying beer and cigars, 1781 Brewing, where so many of these Musings originate. The patrons and staff were friendly, the beers delicious, there was food onsite, and they had no objections to the enjoyment of cigars. In fact, small ash trays were placed on many of the tables.


I talked to the bartender for a bit to express my delight with finding them, and shared how much we enjoyed ourselves. "We are just a small business trying to be welcoming," she replied. I think they are succeeding. If you are in the area, and want a break from the larger, more well-known, and crowded, local breweries you won't go wrong with a visit to Lookout Brewing in Black Mountain, NC.


What Is Velocitation and What Are the Penalties?

Author: From https://www.andrewflusche.com • Aug 3rd, 2021
   Category: Blog Entries.Local

Velocitation Definition

VelocitationHave you ever driven on a highway thinking that you are going with the flow of traffic, only to suddenly realize that you’re going a lot faster than you thought?

Or have you ever exited the highway onto local roads and felt like your car was crawling? This phenomenon is called velocitation.

Velocitation is the tendency to perceive your current speed as slower than it actually is. What happens is that your eyes get used to the fast speed of the images they are processing.

In this way, your brain becomes accustomed to traveling at a fast pace. Velocitation means your ability to judge the speed at which you are traveling is temporarily impaired. This happens when your mind has become desensitized to your velocity.

Velocitation is different from highway hypnosis. Highway hypnosis is a phenomenon that causes you to go into a trance-like state while driving. It is akin to operating on autopilot.

For example, when you have been driving for a while and suddenly realize that you don’t remember driving the last 50 miles. Highway hypnosis happens when your brain is lulled by the monotony of the road, the repetition of the white lines, and the sound of the motor.

Fatigue is the most common reason. Both highway hypnosis and velocitation are dangerous, but different, phenomena. 

Why Is Velocitation Dangerous?

Velocitation is dangerous because it can cause you to travel at a much higher speed than you intend to or realize. Car accidents at high speeds can be deadly, or result in disfigurement or serious injury.

The National Highway Traffic Safety Administration  (NHTSA) determined that accidents on highways are five times more likely to result in death than crashes that happen on local roads with speed limits under 40 mph.

Speeding reduces your ability to steer safely around curves and objects. Also, your brakes are less capable of stopping your vehicle at short distances. Your airbags and seatbelts are less effective and can even be dangerous at very high speeds.

You are putting yourself, your passengers, and others  at risk when you are not aware of how fast you are going. At the very least, you could end up with some steep penalties for traffic offenses if you are caught.

How Can I Prevent Velocitation?

The best way to prevent velocitation is to remain alert and frequently check your speedometer. Velocitation occurs most during long, monotonous drives, when your brain has a likelihood of “checking out.”

So check in with yourself to make sure you are staying aware and present while you are driving. Take a break once in a while to clear your head and allow your eyes and senses to readjust. Try to avoid staring too far off into the distance on an open road.

And make sure to plan frequent stops on long drives. Get out at a rest stop and walk around a bit, or take a nap if you find yourself spacing out.

Are There Penalties for Velocitation?

If you drive over the posted speed limit and get pulled over, you could be facing serious consequences. A police officer does not want to hear that you didn’t know how fast you were going.

Charges for reckless driving or speeding will result in points on your license, high fines, increased insurance premiums, and possible jail time. Points on your driving record, called demerit points, will remain for at least two years.

You could voluntarily take a safe driving course to earn safe driving points and offset the demerits. However, you can’t earn safe driving points if a court orders you to take the course. If you end up with too many points on your record, your license may be suspended, or even revoked. 

Speeding

Speeding is a three, four, or six-point violation, and the points will remain on your driving record for five years.

A violation of the speeding laws with aggravating factors, such as hazardous lane changes, could also result in a charge of aggressive driving, a Class 2 misdemeanor. Penalties for a Class 2 misdemeanor  are up to six months in jail and a maximum fine of $1,000. 

Reckless Driving

Reckless driving  is  a criminal violation in Virginia. It is defined as driving that puts another person in danger of injury or death, or endangers property.

Other activities may also land you with a reckless driving charge, such as speeding on a highway. If you are pulled over for driving over 85 mph, or 20 mph over the speed limit, you will normally be charged with reckless driving.

It is a Class 1 misdemeanor in Virginia. Reckless driving convictions can come with jail time up to a year, a maximum penalty of $2,500, and six points on your driving record. A charge for reckless driving will remain on your Virginia driving record for 11 years.

Even if you live out of state, the charge may follow you home and hit you with license suspensions, surcharges, or penalties. Your attorney may be able to have your reckless driving charge reduced to improper driving or speeding depending on the facts of your case.

Improper driving is a lesser traffic violation with a maximum penalty of $500.

Get Help from an Experienced Virginia Traffic Attorney

If you were charged with violating Virginia traffic laws, you are facing high fines, points on your record, increased car insurance premiums, and possibly even jail time.

You need an experienced attorney to help you get the best possible result for your case. I specialize in traffic tickets and misdemeanor defense, specifically reckless driving.

Contact my firm to schedule your initial consultation and speak to me directly about the details of your case. 

 

The post What Is Velocitation and What Are the Penalties? appeared first on Andrew Flusche.



Cavalier IDPA Match

Author: From http://www.musingsoverabarrel.com/ • Aug 1st, 2021
   Category: Blog Entries.Local
In a schedule almost reminiscent of the "old days," I squeezed in IDPA matches on two consecutive weekends in July. After the Rivanna match the prior weekend, last weekend I made it to the monthly match at Cavalier Rifle and Pistol. It was an overcast morning, and we saw a brief rain shower early in the day, but the sun eventually shone and warmed things up. 

Our first stage of the morning saw us starting in a corner formed by two walls. Moving through the course fire, we engaged targets from several shooting positions. 


The next stage involved not one, but two movers, but contained a total of only three targets. The start position was standing behind a low barrier with our gun holstered. Using our strong hand, we were required to knock a tool bag off the wall, which activated the movers. The first target was an up and down mover, which meant we had to draw and put a minimum of two hits on it before it vanished. After that, we were left with a stationary partial target, and a swinger. It was a quick but interesting course of fire.


Our third stage, like the first, involved a maze of walls and targets. The design of the course offered options for the shooters, and fortunately for me, I was able to match my stage plan to the limited round count of the  Compact Carry Pistol division.


Approaching the fourth stage, I saw barrels. Just barrels, plus a lone open target at the end. However, walking along the row of barrels, five more hidden targets came into view. Per the stage briefing, when the open target was engaged depended on where one moved or was standing. It was a tad confusing, and perhaps not aligned with a strict interpretation of the rulebook, but was surely a fun stage to shoot. 



The last stage our squad shot had us starting with our magazines on a table, and the unloaded gun set on a shelf below the table top. I enjoy the "out of ordinary" starting positions. It breaks the autopilot mode and causes one to think just a little. After loading and retrieving the needed mags, you went on to engage various targets among the walls.


I shot several good stages, and a couple less so. I finished in the middle of the pack overall, at 24 of 51. However, I was the only person opting to shoot in CCP, so I was first in the division. (Take 'em where you get 'em.) ? I do find it interesting that when the Compact Carry Division was announced a few years back, it was quite popular. These days, less so. I still enjoy it though.

I thought the stages were more reminiscent of USPA-lite than what is typically seen at IDPA matches. They were all fun to shoot though. And as always, chatting with friends and fellow shooting enthusiasts are always highlight of the match. 


Are There Penalties for Refusing to Take a Breathalyzer Test in Virginia?

Author: From https://www.andrewflusche.com • Jul 29th, 2021
   Category: Blog Entries.Local

Refusing a breathalyzer test can be a crime in Virginia. If you refuse a breathalyzer test under certain circumstances, you will probably violate Virginia Code section 18.2-268.3.

The bad news is that Virginia can convict you of refusing a breathalyzer test even if you are acquitted of DUI.

 

Virginia DUI Laws

In Virginia, you are legally intoxicated if a breathalyzer test reveals your blood alcohol concentration (BAC) to be at least 0.08%. DUI is a misdemeanor in most cases. Moreover, Virginia’s DUI penalties are among the harshest in the nation.

Even for a first offense, Virginia can sentence you to:

  • Up to a year in jail;
  • A fine of up to $2,500 ($250 minimum); and
  • Suspension of your driver’s license for up to 12 months.

Penalties increase if your BAC was 0.15% or higher or if you have a previous DUI on your record. In fact, a third offense within 10 years is a felony. Virginia can also charge you with DUI for driving under the influence of drugs such as marijuana.

Why Virginia Enacted the Breathalyzer Requirement

Virginia enacted the requirement to consent to a breathalyzer because people could evade DUI convictions by refusing the breath or blood test. The implied consent law changes this dynamic in at least two ways:

  • Virginia can now suspend your driving privileges even if you are never convicted of DUI; and
  • The law allows the judge to dismiss the refusal if you plead guilty to DUI.

As a consequence, the state has been able to secure more DUI convictions among drivers who refuse breathalyzer tests.

Additionally, the state has suspended a greater number of driver’s licenses among people who refuse breathalyzer tests, even without a DUI conviction.

Arrest, Refusal, and “Reading You Your Rights”

Refusing to take a breathalyzer is not always against the law. In fact, you are not required to take any tests until the police actually arrest you for DUI. After arresting you, the officer usually asks if you are willing to submit to a breath test at the police station.

If you refuse, the officer is required to read a long form that explains the consequences of your refusal. At that point, if you still will not submit to the test, you can be charged with refusal. The breathalyzer that Virginia law requires you to submit to takes place at the police station or the jail after your arrest.

The officer is not required to read you your Miranda rights during this process.

Field Sobriety Tests and the Preliminary Breath Test: What You Need to Know

In many cases an officer will seek to administer a “field” breathalyzer test, also known as a preliminary breath test, before arresting you.

The purpose of these tests is to decide whether to arrest you. Virginia cannot charge you with refusal for refusing to take a preliminary breath test. You also have no obligation to submit to a field sobriety test, such as walking in a straight line.

Most Virginia drivers do not realize this.

Penalties for Refusing a Breath Test

Refusal to submit to an alcohol test can result in suspension of your driver’s license for a year, at least for a first offense. The state will add this penalty to any penalties it might impose for DUI.

If Virginia convicts you of both DUI and refusal, you could lose your driver’s license for two years. It is possible, however, to apply for a “restricted license” for you to drive to and from work or perform other necessary tasks.

A restricted license is only allowed for a refusal conviction after 30 days of not driving at all.

Refusing a breath test is not a criminal offense unless it is your second offense of either refusal or DUI within 10 years. If you do commit a second offense within 10 years, however, Virginia will suspend your license for up to three years (mandatory), jail you for up to six months, and fine you up to $1,000.

Defenses

DUI is a very complicated area of law, and law enforcement officials must follow certain procedures. If they fail to follow these procedures, you can have evidence excluded.

If you exclude enough evidence, Virginia might lack the evidence to convict you of the offense. Following is a description of some common defenses:

  • You could not complete a breathalyzer test for legitimate medical reasons, such as severe asthma.
  • English is not your native language and you did not understand what the police officer was asking you to do.
  • The officer pulled you over without reasonable articulable suspicion.
  • The officer insisted that you submit to a blood test before attempting to administer a breathalyzer test. This is a legal gray area that a good lawyer can exploit.

Depending on the specific facts of your case, you might employ any one of the foregoing defenses, or some other defense.

If You Hold an Out-of-State Driver’s License

Suppose you are arrested for DUI and charged with refusal but you are driving on a Maryland license. How does that affect your case? Well, Virginia can only suspend your right to drive in Virginia.

It cannot suspend your Maryland driver’s license. Instead, Virginia will notify Maryland (or whatever state issued your driver’s license), and Maryland will decide if they should penalize you based on their laws.

Virginia can still jail you and fine you for DUI; it just cannot suspend an out-of-state driver’s license. Virginia can also punish you if you drive on Virginia roads with an out-of-state license that is valid in your home state but invalid in Virginia.

Someone in Your Corner

I am Andrew Flusche, and I am here to help you. If you have been charged with DUI or refusing to take a breath test, I can promise you that I will not pass off your case to someone else.

I handle all my cases myself, and I maintain good working relationships with local prosecutors and judges. You can see how my former clients have rated me here.

Call me at 540-318-5824, schedule an appointment to meet me at my office in Spotsylvania, VA, email me at andrew@andrewflusche.com, or contact me online for a free consultation, so we can discuss your options.

 

The post Are There Penalties for Refusing to Take a Breathalyzer Test in Virginia? appeared first on Andrew Flusche.



Are There Penalties for Refusing to Take a Breathalyzer Test in Virginia?

Author: From https://www.andrewflusche.com • Jul 29th, 2021
   Category: Blog Entries.Local

Refusing a breathalyzer test can be a crime in Virginia. If you refuse a breathalyzer test under certain circumstances, you will probably violate Virginia Code section 18.2-268.3.

The bad news is that Virginia can convict you of refusing a breathalyzer test even if you are acquitted of DUI.

 

Virginia DUI Laws

In Virginia, you are legally intoxicated if a breathalyzer test reveals your blood alcohol concentration (BAC) to be at least 0.08%. DUI is a misdemeanor in most cases. Moreover, Virginia’s DUI penalties are among the harshest in the nation.

Even for a first offense, Virginia can sentence you to:

  • Up to a year in jail;
  • A fine of up to $2,500 ($250 minimum); and
  • Suspension of your driver’s license for up to 12 months.

Penalties increase if your BAC was 0.15% or higher or if you have a previous DUI on your record. In fact, a third offense within 10 years is a felony. Virginia can also charge you with DUI for driving under the influence of drugs such as marijuana.

Why Virginia Enacted the Breathalyzer Requirement

Virginia enacted the requirement to consent to a breathalyzer because people could evade DUI convictions by refusing the breath or blood test. The implied consent law changes this dynamic in at least two ways:

  • Virginia can now suspend your driving privileges even if you are never convicted of DUI; and
  • The law allows the judge to dismiss the refusal if you plead guilty to DUI.

As a consequence, the state has been able to secure more DUI convictions among drivers who refuse breathalyzer tests.

Additionally, the state has suspended a greater number of driver’s licenses among people who refuse breathalyzer tests, even without a DUI conviction.

Arrest, Refusal, and “Reading You Your Rights”

Refusing to take a breathalyzer is not always against the law. In fact, you are not required to take any tests until the police actually arrest you for DUI. After arresting you, the officer usually asks if you are willing to submit to a breath test at the police station.

If you refuse, the officer is required to read a long form that explains the consequences of your refusal. At that point, if you still will not submit to the test, you can be charged with refusal. The breathalyzer that Virginia law requires you to submit to takes place at the police station or the jail after your arrest.

The officer is not required to read you your Miranda rights during this process.

Field Sobriety Tests and the Preliminary Breath Test: What You Need to Know

In many cases an officer will seek to administer a “field” breathalyzer test, also known as a preliminary breath test, before arresting you.

The purpose of these tests is to decide whether to arrest you. Virginia cannot charge you with refusal for refusing to take a preliminary breath test. You also have no obligation to submit to a field sobriety test, such as walking in a straight line.

Most Virginia drivers do not realize this.

Penalties for Refusing a Breath Test

Refusal to submit to an alcohol test can result in suspension of your driver’s license for a year, at least for a first offense. The state will add this penalty to any penalties it might impose for DUI.

If Virginia convicts you of both DUI and refusal, you could lose your driver’s license for two years. It is possible, however, to apply for a “restricted license” for you to drive to and from work or perform other necessary tasks.

A restricted license is only allowed for a refusal conviction after 30 days of not driving at all.

Refusing a breath test is not a criminal offense unless it is your second offense of either refusal or DUI within 10 years. If you do commit a second offense within 10 years, however, Virginia will suspend your license for up to three years (mandatory), jail you for up to six months, and fine you up to $1,000.

Defenses

DUI is a very complicated area of law, and law enforcement officials must follow certain procedures. If they fail to follow these procedures, you can have evidence excluded.

If you exclude enough evidence, Virginia might lack the evidence to convict you of the offense. Following is a description of some common defenses:

  • You could not complete a breathalyzer test for legitimate medical reasons, such as severe asthma.
  • English is not your native language and you did not understand what the police officer was asking you to do.
  • The officer pulled you over without reasonable articulable suspicion.
  • The officer insisted that you submit to a blood test before attempting to administer a breathalyzer test. This is a legal gray area that a good lawyer can exploit.

Depending on the specific facts of your case, you might employ any one of the foregoing defenses, or some other defense.

If You Hold an Out-of-State Driver’s License

Suppose you are arrested for DUI and charged with refusal but you are driving on a Maryland license. How does that affect your case? Well, Virginia can only suspend your right to drive in Virginia.

It cannot suspend your Maryland driver’s license. Instead, Virginia will notify Maryland (or whatever state issued your driver’s license), and Maryland will decide if they should penalize you based on their laws.

Virginia can still jail you and fine you for DUI; it just cannot suspend an out-of-state driver’s license. Virginia can also punish you if you drive on Virginia roads with an out-of-state license that is valid in your home state but invalid in Virginia.

Someone in Your Corner

I am Andrew Flusche, and I am here to help you. If you have been charged with DUI or refusing to take a breath test, I can promise you that I will not pass off your case to someone else.

I handle all my cases myself, and I maintain good working relationships with local prosecutors and judges. You can see how my former clients have rated me here.

Call me at 540-318-5824, schedule an appointment to meet me at my office in Spotsylvania, VA, email me at andrew@andrewflusche.com, or contact me online for a free consultation, so we can discuss your options.

 

The post Are There Penalties for Refusing to Take a Breathalyzer Test in Virginia? appeared first on Andrew Flusche.



Asheville, Mayberry, and Hungry Mother

Author: From https://odonnellweb.com/pelican/ • Jul 27th, 2021
   Category: Blog Entries.Local

Photo album

Due to some changes in my career (all planned and all good) I found myself with an unexpected week off last week. We already had Hungry Mother State Park booked for the weekend, so I added 4 nights in Asheville and 1 night in between at the Fancy Gap KOA on the VA-NC border just off the Blue Ridge Parkway.

The week before we left, I was reading Rediscovering Travel: A Guide for the Globally Curious by Seth Kugel, otherwise known as the Budget Traveler from the New York Times. The primary thesis of the book is that we miss the best stuff from traveling when we over plan, and we also set ourselves up for disappointment when we read too many Yelp or TripAdvisor reviews prior to the trip. For example, the dinner at a local restaurant that was very good and would have thrilled you normally will be a let-down if you go into expecting the meal to be a religious experience because of the reviews. Been there, done that. As somebody who normally builds a spreadsheet for every trip, I took the book to heart and cut off the detailed planning. We decided to wing it for the most part, and as you’ll see below, it mostly worked.

The trip to Asheville was a scouting trip. We’ve been thinking about a move to the mountains next year. We had a lot of fun in Asheville, but neither of us feels any pull to live there. We got into town on a rainy Sunday afternoon and set up camp at the KOA east of the city. Because we were on a scouting trip, this was not a normal camping trip for us. We had no camp dinners planned as we were there to explore the town, so we planned to eat out every night. That first evening, we ate at The Cornerstone, and it was fabulous.

Fun with Birds

On our first morning in Asheville we got up early to get to the Beaver Lake Bird Sanctuary just a couple of miles from downtown Asheville. I had signed us up for a guided 2-hour bird spotting tour via AirBnB Experiences. I was expecting some retired bird enthusiast to be our guide. It turns out our guide is a professional bird expert. His day job is organizing and leading birding tours to the far reaches of the globe. He’s been to Cuba a couple of times, Africa, all over South America, etc. The bird sanctuary is between his home and the office, so he offers the tours on AirBnB. It was probably my favorite two hours of the week. We observed 36 species of birds in the two hours. Also, we learned so much just talking to him.

My attempt at taking a photo of a green heron through the bird spotter monocular.

bird

After the birding, we spent the rest of the day wandering around Asheville, in and out of shops, and maybe a brewery or two. We had dinner at the Pack Tavern, which was very good. It was there that we both agreed that we weren’t feeling any desire to move to Asheville.

Who read this map?

On Tuesday, we took our time getting out of camp, eventually making it to the NC Arboretum just before lunch. We spent the afternoon there, including a hike that went about a mile longer than planned (for me) when my map reading failure brought us to the trailhead about a mile from the car. So I got to hike back to the car while Michelle waited for me to come get her. While waiting, she met a charming young boy who upon seeing her Purdue t-shirt loudly proclaimed, “Boiler Up. Hoosiers suck.”

He’s not wrong.

After two dinners out, we weren’t feeling it for restaurant food so, we stopped at a grocery store and picked up some food to grill at the camper. Tuesday evening was a more traditional hang out by the campfire with a couple of beers and relax kind of night.

464 miles of the Blue Ridge Parkway

blue ridge parkway

On Wednesday, we picked up where we left off on the Blue Ridge Parkway tour from last year. I drove to Cherokee, NC, the end of the BRP, and we followed it back northeast to Asheville, thereby completing all 464 miles on the Parkway. Along the way we stopped at many overlooks, did a couple of trails, and just generally took our time as we traveled about 90 miles in 4 hours. Wednesday evening we had our only dinner reservations of the trip, at Tupelo Honey. It was another fabulous meal, this time traditional southern cooking. Wednesday night was also spent around the campfire relaxing.

Mayberry

On Thursday we packed up the camper and headed north to Mt. Airy, also known as Mayberry NC. I had a 3 PM tour of the town booked from a classic early 1960s Police Cruiser, similar to the cars used on the Andy Griffith Show. The tour was a lot of fun and interesting, and gave us the lay of the land to come back and explore more the next day. After the tour and a visit to the custard shop, we continued another 20 minutes up the road to the KOA and set up camp for the night.

On Thursday, we pulled the camper back to Mayberry and spent the day exploring town. That turned out to be more fun than expected. Yes, it’s a rural NC mountain town. Yes, all the stereotypes were on display. We checked out the Andy Griffith Museum, where we learned he was a much more accomplished actor at a young age than we realized. We had lunch at Barney’s Cafe, which serves a good burger and perfectly cooked fries. We found a sock outlet store selling premium socks at insanely low prices. I had another custard. And we also wandered into the Mt. Airy Regional History Museum, which turned out to a lot more interesting than I expected. Eventually, we left town for the 90-minute drive to our final stop of the week, Hungry Mother State Park.

Hungry Mother is always on the list of top state parks in VA, but we weren’t that taken by it. The campsites are decent sized, but we would have needed 100 yards between campers to not be annoyed by our neighbor, the loudest woman in the world. Her voice only had 1 volume level, a loud screech, which she mostly used to tell her kids to shut up, or to threaten to pop them in the mouth when they didn’t shut up. They did observe quiet hours, so that was a nice surprise. The beach there is fine, and wasn’t as crowded as I expected. But a small mountain lake ain’t the ocean. I like salt in my beach breezes.

On Saturday afternoon, after we’d had enough sun, I went looking in Google Maps for something to do nearby. Here is where that lack of planing comes in. I found the Museum of Middle Appalachia about 25 minutes away, in Saltville VA, a town I had never heard of once in my 19 years living in VA. The museum is fabulous, and the history of the town, going back well before its founding to the ice age, is fascinating. Seriously, if you are driving along I-81 in SW VA, take the 15-minute detour to visit the museum. It’s only two rooms, but we managed to spend over an hour there. The town itself is depressing, a completely dead downtown at 4 PM on a summer Saturday afternoon. We drove around, checking out a few sites the museum recommended, but everything was in disrepair and not maintained. I feel like given a mountain town with woolly mammoth fossils in the ground, interesting Civil War history, a fascinating history as a company town for a lot of the 1900s, and a precipitous decline since the 70s when competition and environmental concerns impacted the US chemical industry, I could find a way to turn that into an interesting small town tourist destination.

mammoth tooth

Even though we don’t feel moved to move to Asheville, the trip was a smashing success. We ate great meals, relaxed by the campfire, got in some hiking, checked “drive the entire Blue Ridge Parkway” off the bucket list, visited Maybery, and stumbled into a couple of fascinating museums.

Not bad for a last minute trip!

Photo album



Asheville, Mayberry, and Hungry Mother

Author: From https://odonnellweb.com/pelican/ • Jul 27th, 2021
   Category: Blog Entries.Local

Photo album

Due to some changes in my career (all planned and all good) I found myself with an unexpected week off last week. We already had Hungry Mother State Park booked for the weekend, so I added 4 nights in Asheville and 1 night in between at the Fancy Gap KOA on the VA-NC border just off the Blue Ridge Parkway.

The week before we left, I was reading Rediscovering Travel: A Guide for the Globally Curious by Seth Kugel, otherwise known as the Budget Traveler from the New York Times. The primary thesis of the book is that we miss the best stuff from traveling when we over plan, and we also set ourselves up for disappointment when we read too many Yelp or TripAdvisor reviews prior to the trip. For example, the dinner at a local restaurant that was very good and would have thrilled you normally will be a let-down if you go into expecting the meal to be a religious experience because of the reviews. Been there, done that. As somebody who normally builds a spreadsheet for every trip, I took the book to heart and cut off the detailed planning. We decided to wing it for the most part, and as you’ll see below, it mostly worked.

The trip to Asheville was a scouting trip. We’ve been thinking about a move to the mountains next year. We had a lot of fun in Asheville, but neither of us feels any pull to live there. We got into town on a rainy Sunday afternoon and set up camp at the KOA east of the city. Because we were on a scouting trip, this was not a normal camping trip for us. We had no camp dinners planned as we were there to explore the town, so we planned to eat out every night. That first evening, we ate at The Cornerstone, and it was fabulous.

Fun with Birds

On our first morning in Asheville we got up early to get to the Beaver Lake Bird Sanctuary just a couple of miles from downtown Asheville. I had signed us up for a guided 2-hour bird spotting tour via AirBnB Experiences. I was expecting some retired bird enthusiast to be our guide. It turns out our guide is a professional bird expert. His day job is organizing and leading birding tours to the far reaches of the globe. He’s been to Cuba a couple of times, Africa, all over South America, etc. The bird sanctuary is between his home and the office, so he offers the tours on AirBnB. It was probably my favorite two hours of the week. We observed 36 species of birds in the two hours. Also, we learned so much just talking to him.

My attempt at taking a photo of a green heron through the bird spotter monocular.

bird

After the birding, we spent the rest of the day wandering around Asheville, in and out of shops, and maybe a brewery or two. We had dinner at the Pack Tavern, which was very good. It was there that we both agreed that we weren’t feeling any desire to move to Asheville.

Who read this map?

On Tuesday, we took our time getting out of camp, eventually making it to the NC Arboretum just before lunch. We spent the afternoon there, including a hike that went about a mile longer than planned (for me) when my map reading failure brought us to the trailhead about a mile from the car. So I got to hike back to the car while Michelle waited for me to come get her. While waiting, she met a charming young boy who upon seeing her Purdue t-shirt loudly proclaimed, “Boiler Up. Hoosiers suck.”

He’s not wrong.

After two dinners out, we weren’t feeling it for restaurant food so, we stopped at a grocery store and picked up some food to grill at the camper. Tuesday evening was a more traditional hang out by the campfire with a couple of beers and relax kind of night.

464 miles of the Blue Ridge Parkway

blue ridge parkway

On Wednesday, we picked up where we left off on the Blue Ridge Parkway tour from last year. I drove to Cherokee, NC, the end of the BRP, and we followed it back northeast to Asheville, thereby completing all 464 miles on the Parkway. Along the way we stopped at many overlooks, did a couple of trails, and just generally took our time as we traveled about 90 miles in 4 hours. Wednesday evening we had our only dinner reservations of the trip, at Tupelo Honey. It was another fabulous meal, this time traditional southern cooking. Wednesday night was also spent around the campfire relaxing.

Mayberry

On Thursday we packed up the camper and headed north to Mt. Airy, also known as Mayberry NC. I had a 3 PM tour of the town booked from a classic early 1960s Police Cruiser, similar to the cars used on the Andy Griffith Show. The tour was a lot of fun and interesting, and gave us the lay of the land to come back and explore more the next day. After the tour and a visit to the custard shop, we continued another 20 minutes up the road to the KOA and set up camp for the night.

On Thursday, we pulled the camper back to Mayberry and spent the day exploring town. That turned out to be more fun than expected. Yes, it’s a rural NC mountain town. Yes, all the stereotypes were on display. We checked out the Andy Griffith Museum, where we learned he was a much more accomplished actor at a young age than we realized. We had lunch at Barney’s Cafe, which serves a good burger and perfectly cooked fries. We found a sock outlet store selling premium socks at insanely low prices. I had another custard. And we also wandered into the Mt. Airy Regional History Museum, which turned out to a lot more interesting than I expected. Eventually, we left town for the 90-minute drive to our final stop of the week, Hungry Mother State Park.

Hungry Mother is always on the list of top state parks in VA, but we weren’t that taken by it. The campsites are decent sized, but we would have needed 100 yards between campers to not be annoyed by our neighbor, the loudest woman in the world. Her voice only had 1 volume level, a loud screech, which she mostly used to tell her kids to shut up, or to threaten to pop them in the mouth when they didn’t shut up. They did observe quiet hours, so that was a nice surprise. The beach there is fine, and wasn’t as crowded as I expected. But a small mountain lake ain’t the ocean. I like salt in my beach breezes.

On Saturday afternoon, after we’d had enough sun, I went looking in Google Maps for something to do nearby. Here is where that lack of planing comes in. I found the Museum of Middle Appalachia about 25 minutes away, in Saltville VA, a town I had never heard of once in my 19 years living in VA. The museum is fabulous, and the history of the town, going back well before its founding to the ice age, is fascinating. Seriously, if you are driving along I-81 in SW VA, take the 15-minute detour to visit the museum. It’s only two rooms, but we managed to spend over an hour there. The town itself is depressing, a completely dead downtown at 4 PM on a summer Saturday afternoon. We drove around, checking out a few sites the museum recommended, but everything was in disrepair and not maintained. I feel like given a mountain town with woolly mammoth fossils in the ground, interesting Civil War history, a fascinating history as a company town for a lot of the 1900s, and a precipitous decline since the 70s when competition and environmental concerns impacted the US chemical industry, I could find a way to turn that into an interesting small town tourist destination.

mammoth tooth

Even though we don’t feel moved to move to Asheville, the trip was a smashing success. We ate great meals, relaxed by the campfire, got in some hiking, checked “drive the entire Blue Ridge Parkway” off the bucket list, visited Maybery, and stumbled into a couple of fascinating museums.

Not bad for a last minute trip!

Photo album



Self Medicating with Bourbon and a Fratello Cigar

Author: From http://www.musingsoverabarrel.com/ • Jul 23rd, 2021
   Category: Blog Entries.Local

Our Sunday routine typically involves relaxing with coffee and one of Colleen's homemade pastries after morning Mass. Last weekend while pouring a tea kettle of water into the French Press, the lid shifted and I steamed my hand. Ouch! It wasn't enough to convince me to seek medical attention, but I was left with red skin and a couple small blisters. By the evening, I turned to bourbon and a cigar to "take the edge off."


The bourbon was the aforementioned Michter's US*1 Small Batch Bourbon. We're really enjoying that one. For the accompanying smoke, I selected a Fratello Bianco in a 6x50 Toro. The Bianco uses fillers from Nicaragua, Peru, and the USA. The binder is Dominican with a shiny Mexican San Andres Maduro wrapper as the finish.


The medium to full bodied smoke is earthy, with a balanced blend of sweet and bitter cocoa notes. While the flavor "feel" is somewhat creamy, there's a bold aspect to the profile as well. It seemed to bring out the sweetness in bourbon.

I very much welcomed the smoke, and bourbon, although in last third of the cigar, I was awkwardly holding the cigar in my left hand as my cooked fingers were sensitive to even the mild heat coming off the cigar. However, that left the injured hand free and capable of managing the glass of whiskey.