Reckless driving charges can arise in several different ways.

Many people think reckless driving charges only happen if you were speeding.

But you can also face charges for passing in a no-passing zone, having an obstructed view, and other violations.

Virginia’s broad definition of reckless driving gives law enforcement lots of discretion to choose what qualifies as a violation.

And unfortunately, a conviction can negatively affect your driving record and result in costly fines.

A reckless driving criminal defense lawyer can help fight the charges filed against you. Contact the team at Andrew Flusche, Attorney at Law, PLC to discuss your case. 

Facing a Reckless Driving Charge in Virginia

Virginia defines reckless driving very broadly to address a wide array of different conduct.

The statute prohibits operating a vehicle on a highway in a reckless manner or at a speed that endangers the life, limb, or property of another.

Virginia Code § 46.2-862 authorizes reckless driving charges for:

• Driving 20 MPH or more over the speed limit; or
• Driving at the speed of 85 MPH or more.

You can also face reckless driving for a variety of other reasons, such as:

• Racing;
• Passing in a no-passing zone;
• Driving too fast for conditions;
• Failing to use a signal;
• Passing an emergency vehicle;
• Passing a school bus;
• Not having the vehicle under proper control or having inadequate brakes; and
• Having a view that is obstructed in a way that interferes with the driver’s ability to control the vehicle.

If you are facing a reckless driving charge, contact my office today.

Penalties for a Reckless Driving Charge

Unlike some states, a reckless driving charge in Virginia represents more than a traffic ticket. Virginia considers reckless driving a Class 1 misdemeanor.

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

Additionally, a reckless driving conviction carries six demerit points. Demerit points remain on your Virginia driving record for a period of two years.

If you receive 12 or more demerit points within the two-year period, the Virginia Department of Motor Vehicles (DMV) can mandate participation in a driver improvement class.

If you get 18 points in one year, your license gets suspended. Therefore, three reckless driving convictions can mean the loss of your driver’s license.

What Sets Attorney Andrew Flusche Apart From Any Other Reckless Driving Criminal Defense Lawyer?

Many people do not know what type of lawyer to get for reckless driving charges.

I, Andrew Flusche, have defended thousands of reckless driving cases, giving me extensive experience handling all sorts of different cases. But you do not have to take my word for it.

Check out some of Andrew’s reviews from previous clients:

“Andrew made the whole process of reducing a reckless driving ticket as easy as it could be! I highly recommend him as his price was very reasonable, and he got the results I needed!”—Charlie S.

“I highly recommend Andrew and his staff, for anyone, if traffic violations require a court appearance. Andrew was able to have a reckless driving charge against me dismissed without my having to appear in court. We were able to conduct all business by phone or mail, which is a valuable time saver. In a situation that is very nerve-racking, Andrew and his staff are totally professional, helpful in every way, and made the process, for me, very easy.”— Lawrence

“Andrew was exceptionally prepared and answered every question I had. I was charged with reckless driving, and since the police officer had no evidence, Andrew took swift action to get it dismissed. I highly recommend hiring him for the future.”— Ryan

“Truly a great attorney. I was charged with reckless driving, and Andrew was able to mediate between . . . the officer and myself to get my charge successfully dismissed with driving school. He was quick to return my calls and emails and reassure my concerns. Don’t go to court alone regardless [of] your situation. Have Andrew represent you, and you won’t regret it.”— Chris

I have forged solid relationships with judges, officers, and prosecutors in the area.

These relationships give me the knowledge needed to help secure the best possible outcome for my clients.

Need an Attorney for a Reckless Driving Charge in Virginia? Contact Andrew Flusche, Attorney at Law, Today

My name is Andrew Flusche, and I am a reckless driving criminal defense lawyer in Virginia. I limit my practice to exclusively representing individuals facing traffic and misdemeanor charges.

I have years of experience representing clients in similar situations. I have an in-depth knowledge of reckless driving charges—so much so that I have written a book on the subject.

I approach all of my cases with your desires at the forefront of my mind, and I do everything I can to ensure you stay informed about developments in your case. 

When your freedom and driving privileges are in jeopardy, you want a reckless driving criminal defense attorney who has defended similar cases before and secured favorable outcomes for his clients.

I can help you advocate to get your charges reduced or dismissed altogether, depending on the facts of the situation. Contact my office today, so I can review your case.

The post Do I Need a Criminal Defense Lawyer for a Reckless Driving Charge in Virginia? appeared first on Andrew Flusche.

Even though possession of drug paraphernalia is a misdemeanor in Virginia, you should take this charge seriously.

A conviction for this offense, or any other misdemeanor charge, could have a significantly negative impact on your life.

You could go to jail, pay a hefty monetary fine, and face strict probation terms if you are found guilty.

Additionally, a conviction under Virginia law for possession of drug paraphernalia could leave you with a permanent criminal record.

Look to an experienced and knowledgeable Virginia criminal defense lawyer for help if the police bring possession of drug paraphernalia charges against you.

As a criminal defense attorney who dedicates his practice to misdemeanors, DUIs, and traffic offenses, I understand the impact drug charges like these could have on your life.

Together, we can create a defense strategy to get the best result possible for your specific case. 

What Is Possession of Drug Paraphernalia?

When people learn that police charged them with a drug crime even though they had no drugs on them, confusion often follows. These people often ask, What is the charge for possession of drug paraphernalia? 

The charge of possession of drug paraphernalia may be found in the Code of Virginia §54.1-3466. The law indicates that controlled paraphernalia possession or distribution is a Class 1 misdemeanor.

The maximum penalty for possession of drug paraphernalia is one year in jail and a fine of no more than $2,500. 

The Commonwealth of Virginia, as the prosecution, has the burden of proving you guilty beyond a reasonable doubt of all of the elements of possession of drug paraphernalia before you suffer any penalty.

Therefore, the prosecutor has to prove the item meets the definition of drug paraphernalia and that you had possession of the item.

So let’s discuss the legal definition of drug paraphernalia and possession.

What Is Drug Paraphernalia?

The Code of Virginia § 54.1-3466 covers a wide variety of items that Virginia defines as drug paraphernalia.

Some of the items listed in the statute are ordinary household items that many people use every day.

The difference between lawful and unlawful use of these items comes down to intent. Possessing hypodermic needles and syringes is permitted with a prescription. However, using them to inject illegal drugs is a crime.

Additionally, possessing gel caps, glassine envelopes, or any other container can be drug paraphernalia if the circumstances indicate that someone is using these items to package illegal drugs for manufacture, sale, or distribution.

The law defines circumstances that indicate when the listed items could be controlled paraphernalia.

The close proximity of drug paraphernalia to illegal drugs or other things associated with packaging drugs—like sieves, digital scales, strainers, measuring spoons, and presses used to facilitate drug distribution—is evidence of the intended use of the item as drug paraphernalia. 

The statute further indicates that drug paraphernalia in the presence of drug additives or contaminants such as:

• Procaine hydrochloride,
• Mannitol,
• Inositol,
• Lactose,
• Quinine,
• Caffeine, and
• Baking soda.

This list is not exhaustive. There are many other food additives and other ingredients that people mix with illegal drugs to have more “product” to sell. 

What Does it Mean to “Possess” Something?

Possession means physically controlling something, like your cell phone or wallet.

You have actual possession because you have immediate control over your phone while using it. You have actual possession of your phone when it’s in your pocket.

It seems obvious; however, possession can get a little murky if the item isn’t in your pocket or otherwise on your person.

You can possess an item even if you do not have it under your direct control. This is known as constructive possession. 

Having constructive possession over something means that you know approximately where the item is, you know what it is, and you intend to exercise control over it.

Here’s a simple example: You have constructive possession of your car keys, even if they are not on your person but in your dresser drawer at home.

Even though they are not “on you,” you know where they are, and you intend to exercise control over them. In other words, you can get them and use them when you need them.

This concept often comes into play in the context of paraphernalia found in a car. Suppose you share a car with your brother, who left drug paraphernalia in the car.

While you are using it, you get pulled over and charged with possession of that paraphernalia that officers found in the back seat.

Unless the prosecutor can show that the items belonged to you, that you knew they were there, and that you intended to exercise control over the items—they may not be able to prove constructive possession.

This might mean that the prosecutor has to drop or lower the charges against you. It might also indicate that we could take the case to trial and win a not guilty verdict.

Defenses to Possession of Drug Paraphernalia Charges

Each case stands on its own. Therefore, you can determine the best defense only after a thorough analysis of the facts of your case.

However, you might be able to claim that the item the police allege is illegal does not meet the definition of drug paraphernalia.

The things the police claim are illegal might be utterly innocent if there is no evidence to support their conclusion that you are using the items to distribute drugs. 

That’s just one part of the equation. The police must have evidence to prove that you had possession of the contraband, as discussed above.

I may use these defenses and others to give you the best chance of beating your case. For instance, I may examine the lawfulness of the officers’ conduct.

You may have the right to argue the court should suppress all evidence seized because the police violated your rights.

I could use other defense tactics to minimize these charges’ damage to your life. Sometimes negotiating a favorable disposition is better than standing toe-to-toe and battling it out.

I cultivate good working relationships with many prosecutors and judges in my area of Virginia. My reputation may help you obtain a favorable outcome.

Help Is Only a Call Away

Call me, Andrew Flusche, Attorney at Law, today at 540-318-5824 to learn more about possession of drug paraphernalia charges and your defenses.

You can rest assured that I will handle your case and not pass it off to anyone else. And it’s incredibly easy to work with me.

We can get a great deal accomplished via email and the phone—which means you won’t have to take time off of work or away from your family to get the results you want!

Contact us today, so we can discuss how I can help.

The post What Are the Penalties for Drug Paraphernalia Possession in Virginia? appeared first on Andrew Flusche.

Our original plan was to leave Letchworth on Thursday and spend the day at the Corning Museum of Glass, because the forecast looked rainy on that day. The forecast shifted, giving us a sunny and warm day on Thursday and rain Friday. I didn't want to spend the nice day indoors, so we went straight to Watkins Glen, checked in at the campground, and headed to Watkins Glen State Park. This was the Thursday prior to Memorial Day weekend, and when I tried to get a campsite at Watkins Glen State Park for this weekend back in October, all the W/E sites were already gone. So we ended up at the KOA instead.

Watkins Glen State Park is a little different than the most state parks. It's literally right there in town. In fact, it's so in town I was confused and passed by the parking lot a couple of times, assuming a parking lot on the main drag through town couldn't be the state park.

However, once you get into the park it is a natural wonderland. The Watkins Glen Gorge is about a 1 mile walk, and in that one mile is about 700 steps, a dozen waterfalls, and indescribably amazing canyon scenery. A pro tip that I figured out too late - park at the South entrance, take the rim trail to the left and follow it one mile to the last set of steps down into the gorge. Then walk back to the south entrance, going down all those stairs instead of up. I went up all the stairs, but I was so into the scenery I really didn't notice. After that we wandered around downtown Watkins Glen a bit, finally settling in at an outdoor table at a taphouse for a couple of brews and dinner. Dinner was mediocre and overpriced. There was nobody at the KOA on Thursday night and we literally had the entire campsite section we were in to ourselves. That would not be the case for the weekend.

Friday morning we headed into Corning NY for the Corning Museum of Glass. We had 10 AM entry tickets and left around 3:30 PM, not because we were done with the museum, but because we were done. There is so much to see there that we simply could not accept anymore input into our brains at 3:30. We could have easily come back the next day and spent a few more hours. The ticket is good for two consecutive days for only $20, which is an amazing bargain given the depth and breadth of the museum's collection. We actually had combo tickets that included the Rockefeller Art Museum down the street, so we headed there next.

The Rockefeller is a smallish gallery holding the personal collection of a rich guy named Rockefeller, but not one of those Rockefeller's. The collection was mostly 19th century western art, which they enhanced by adding native American art over the years. I was mostly struck by the differences between how white artists portrayed native Americans versus how native Americans portray themselves. Also, there was an exhibit by an amazing sculptor, Michael Naranjo. He lost his sight in the Vietnam War, but that didn't stop him from becoming a sculptor.

The employee at the Rockefeller Gallery complimented my Iron Maiden t-shirt, so I guessed correctly that she would be a good person to ask about nearby brewpubs. I was not wrong with that guess and we enjoyed a dinner that was 1/2 the price and much better than the previous night. We returned to the KOA, where our peaceful empty corner of the campground was completely overrun with campers. I'm not exaggerating when I say we could hear conversation from at least six campsites when sitting at ours. It turned out fine as everybody near us was respectful of quiet hours and other than the annoyance of feeling like we were sharing a campsite with all these folks, it was fine.

Saturday was our final day in NY. It was raining when we got up but we proceeded with our plan to explore Ithaca NY. We started at the Cornell Ornithology Lab, as we both have become beginner birders over the last year. The website indicated they were doing tours of the labs but apparently the website was wrong. But we still had a good time exploring the public areas of the labs, chatting with the volunteers, and doing a little birding from the indoor overlook of a pond, as it was pouring rain. From there we headed to the Ithaca Commons, an pedestrian mall / shopping area where we found a waffle shop for lunch, browsed a really great used bookstore, and Michelle found some bargains at a going-out-of-business sale at a 2nd hand clothes store.

By then the rain had ended so we headed out to explore the local waterfalls and wander the Cornell campus. However, it turned out to be commencement day at Cornell so everything was packed and many roads were closed. We made it to one waterfall and in doing so randomly drove by the famous Phi Sigma Kappa house there. It was long considered to be the best looking Phi Sig house in the country, but I think that reign ended in 2018, when our new house at Purdue opened ;) With everything in town overrun with new graduates and their families we decided it was a good time to head back to Watkins Glen and find a better brewpub than the one from the first night. It turns out there are no other brewpubs in Watkins Glen, so we ended up at a sports bar instead, where I quietly rooted against Liverpool in the Champions League final, in a bar full of Liverpool supporters.

That evening we hung out at the campfire a bit and packed the car to get a head start on heading home the next morning. When we left the next morning I finagled Google Maps to force it to send me home the western route, avoiding I-95. That put us in Williamsport PA. As we were driving Michelle checked and the Little League complex is open on Sundays, so an unplanned stop was made. We spent about 90 minutes in the museum and wandering the complex before continuing our journey home. 42 years after my Little League career ended I finally made it to Williamsport :) The rest of our journey home was uneventful.

And that's a wrap on the Spring trip. We have camping planned pretty much every other weekend all summer, cumulating in a week in Maine in September. So they'll be plenty of camping updates here.

Many more pictures