Robert E. Battle, P.C. Blog

How to Assert Your Miranda Rights in a Virginia DUI

Tue, 03 Apr 2012 08:00:00 GMT

It is easy to assert your Miranda Rights after a Virginia DUI arrest. If you wish to exercise that right, say so out loud. This will prevent you from making any incriminating statements, as anything that you say or do can be used against you in a court of law.

If you choose to remain silent, you can simply tell the arresting officer that you have nothing more to say. Say "I assert my right to remain silent. I want a lawyer." This will prevent the officer from any further interrogation. This is because under U.S. law, an officer cannot question you once you've claimed your Miranda Rights. If, however, an officer does question you after you've asserted these rights, then any statement that you make will be inadmissible in court. This evidence will be suppressed by a judge at your Virginia DUI trial.

If you should choose to consult with an attorney, then the attorney should advise you in a similar fashion. When you have been arrested for a Virginia DUI, it is always best to say as little as you can. The police can use your words to build a stronger case against you, but you are under no obligation to tell them what they want to know. Save your statements for your attorney, who will then have a much better chance of beating your Virginia DUI charge.

If you have recently been charged with a Virginia DUI, visit our article library to learn how your Miranda Rights might affect your case.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Was Busted For Drunk Driving On My College Campus

Mon, 02 Apr 2012 08:00:00 GMT

If you are charged with drunk driving (DUI) on your Virginia college campus, you may face penalties from the state as well as from your college. Virginia has little tolerance when it comes to underage drinking. In fact, an underage perpetrator will face the same state penalties as someone who is of legal age. The state penalties include:

Fines up to $500;
Suspension of your driver's license; and
The possibility of time in jail.

You may also see a significant rise in your auto insurance rates. If fact, your rates can go up to as much as $5,000/year. You will also have to attend, and successfully complete, an Alcohol Safety Action program.

In addition to state penalties, additional penalties from your college may include:

Disciplinary action;
Suspension from your institution (and/or extracurricular activities, such as sports);
Loss of scholarships; and/or
Permanent expulsion.

Underage drunk driving is a serious crime. And in Virginia, you will face the same penalties that you would as an adult. If you want to fight your Virginia DUI, you can get the professional help of a Virginia DUI defense attorney.

If you have recently been charged with a Virginia DUI, and you are under 21, you may want to know what penalties you face. To learn more, visit our article Can I Get A Virginia DUI If I Am Under 21?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Breathalyzer Malfunction Questions Validity of Thousands of DUI Convictions

Sun, 01 Apr 2012 08:00:00 GMT

What was originally reported as a malfunction of 8 out of 10 intoxilyzer machines has now surfaced as a much larger problem. All 10 machines, used by the Metropolitan Police Department in Washington, DC, were in fact malfunctioning over a period of at least 18 months.

The original malfunction story was released in February of 2010. The 4 month investigation that has since taken place has not yielded any greater transparency. DC Attorney General Peter Nickles stated that the malfunction only affected 400 cases, but there are those who believe this number is a grave underestimate.

"There are still thousands of people who would have been under the legal limit, or who were eligible for diversion programs but were not offered them because of the faulty scores." said David Benowitz, member of the National College for DUI Defense.

The machines provided faulty scores that could have caused thousands of faulty convictions. According to Benowitz, it is a situation of such magnitude that it is possible the Attorney General is simply unwilling to take it on.

If you have been charged with a Virginia DUI, do not plead guilty until you have consulted with an experienced Virginia DUI defense attorney about your case! You may be able to have your charges reduced or dismissed completely!

Bob Battle's Guarantee for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for free!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Passed out with radio on and ignition off is "Operating" for Virginia DUI

Wed, 19 Jan 2011 08:00:00 GMT

The Virginia Supreme Court has held that a defendant who was drunk with the radio on and ignition off was "operating" for purposes of Virginia Code § 18.2-266. Click to read the entire decision in Nelson v. Commonwealth.

As legal commentator Steven Emmert points out in his "Virginia Appellate News & Analysis" blog:
"Judging from the cases cited today, in all of the Supreme Court’s prior decisions affirming convictions, either the car was moving or the engine was running. This is, as far as I know, the first time in our Commonwealth’s history when the Supreme Court has affirmed a conviction of DUI when the engine has been turned off."

Dissenting Justice Koontz dissented citing earlier dissents by previous justices stating that the defendant was being convicted of "occupying" and not "operating" a vehicle while under the influence.

Hanover County VA Reckless Driving charges- valuable free info on Defending your charge

Sat, 20 Nov 2010 08:00:00 GMT

NEW- Get the "Insiders Scoop" from experienced Hanover Reckless Driving Speeding Lawyers at Hanover Reckless Driving website

What you don't know CAN hurt you- for life!

As an attorney with over 26 years of experience, Hanover County Reckless Driving lawyer Bob Battle knows that there is a tremendous difference in how "Reckless Driving Speeding" cases are treated in different jurisdictions throughout the state. Only an experienced Hanover County lawyer can tell you exactly how your case will be handled at court.

The new website, Virginia Reckless Driving Lawyer gives you the latest "Insiders Scoop" on how Reckless Driving Speeding cases are handled in 4 areas in Virginia- all of these areas are notorious speed traps on the interstate highways:
Hanover County
Dinwiddie County
Greensville County and Emporia
Caroline County

Can I Refuse a Breath Test at the Police Station In Virginia?

Wed, 25 Aug 2010 08:00:00 GMT

When you were issued a driver's license in Virginia, you signed some papers in which you agreed to Virginia's implied consent law. This law states that if you are pulled over for a traffic violation, you must comply with the police officer's requests. While roadside breath tests do not fall under Virginia's implied consent law, the law does cover taking a breath or blood test at the police station when an officer requests you to do so.

If you do refuse a breath test at the police station, you will be arrested for violating Virginia's Implied Consent Law. This is a separate charge from your Virginia DUI and will carry separate consequences.

If you are convicted of violating Virginia's implied consent law, the first offense is a civil violation. The penalties for violating Virginia's implied consent law include:

A $500 fine; and
A 1 year driver's license suspension.

If you are convicted of violating the implied consent law, a DUI defense attorney cannot negotiate the length of your license suspension. Your driver's license will be suspended for 1 year and you will not be permitted a restricted license.

It's also important to know that while your first offense is a civil violation, any second or subsequent refusals are actually criminal charges that may include 6-12 months of jail, large fines, and the loss of your driver's license.

If you are pulled over under the suspicion of a Virginia DUI, you may want to know what will happen if you refuse to submit to a breath test. You can learn more about refusing a breath test in Virginia by visiting our article library.

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients build a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Man Hits 7 Vehicles In DUI Accident

Mon, 23 Aug 2010 08:00:00 GMT

In what may be some kind of state record, a Virginia Beach man drove his truck into 7 vehicles before crashing into a building this August. The driver, Eric R. Cole, 43, was arrested after the incident and charged with a Virginia DUI.

The incident began early, at 10:30 a.m. on Monday, Aug. 2, at the intersection of First Colonial Road and Old Donation Parkway, when Cole's truck struck 3 cars before he fled the accident scene. While a concerned citizen followed the inebriated truck driver to the 800 block of First Colonial Road, Cole managed to hit another 4 vehicles before careening into a utility building.

While no one was reported to have been seriously injured in the accidents, several of the victims suffered minor scrapes and bruises. A few of the cars which were struck by Cole had to be towed away. Meanwhile, Cole was arrested and subsequently charged with a Virginia DUI. According to a police spokeswoman, Officer Margie Hobbs, Cole has been denied bond while additional charges are pending.

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What Does It Mean To Have a DUI Charge Expunged?

Thu, 19 Aug 2010 08:00:00 GMT

In most U.S. states, there are laws which allow citizens to have their criminal charges expunged. While these laws will vary from state to state, in Virginia, you cannot have a DUI conviction expunged, but you can expunge your record if your DUI charges were dismissed or you were acquitted at trial.

To have a Virginia DUI charge expunged means to have it "sealed" from your permanent criminal record. This means that when most people view your criminal record, they will not be able to see your Virginia DUI charge. This includes employers, landlords, educational institutions, as well as professional background investigators. In fact, once a charge is expunged, the only people who will be able to see it are courts, authorities, and various governmental bodies.

To find out if your Virginia DUI case is eligible for expungment, read my article on Virginia DUI expungement.

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

What is the Zero Tolerance Law?

Thu, 05 Aug 2010 08:00:00 GMT

According to Virginia's zero tolerance law, any motorist under the age of 21 is prohibited from consuming any amount of alcohol and getting behind the wheel. The difference between this law and the standard DUI laws is that, while adults have a legal blood alcohol content (BAC) limit of .08, underage motorists have no such allowance.

If you are under the age of 21, you are not allowed to have any alcohol in your system whatsoever. This means that one standard alcoholic drink can result in a Virginia DUI. The consequences for this include fines, a driver's license suspension, and the possibility of time in jail. A Virginia DUI can also leave minors with a permanent criminal record. And if a minor has a criminal record, this can affect their college admissions, as well as prevent future job opportunities.

Furthermore, it is also illegal for a minor to use any form of false identification. If a minor uses false identification to illegally purchase alcohol, then they may face additional penalties including fines, license suspensions, and a permanent criminal record. If you or your teenager was been charged with a Virginia DUI under the zero tolerance law, then you should consult with a Virginia DUI defense attorney about how to fight these charges in court.

You can also learn more about Virginia's zero tolerance law by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Can I Prevent My Teenager From Getting A Virginia DUI?

Wed, 04 Aug 2010 08:00:00 GMT

In Virginia, there are very strict laws regarding underage drinking and driving. This is called the zero tolerance law, and it states that if a motorist under the age of 21 has alcohol in their system, then any amount of alcohol will constitute a Virginia DUI. This is true even if the motorist has only consumed a single standard drink. In fact, if a driver is under 21, a blood alcohol content (BAC) level of .01 will result in a Virginia DUI.

To prevent you teenager from getting a Virginia DUI, you can take steps that include:

Communicating effectively to establish that it is not okay to drink and drive. Inform you teenager about the zero tolerance law, and what consequences they may face.
Pick your teenager up from parties. This way, if they have been drinking, you can make sure that they don't drive.
Hire a limousine for prom and graduation. There is a chance that your teenager will be drinking at these events, so it is best if they have transportation provided.
Be a good role model. Your own actions will generally influence the actions of your children.

If you or your teenager has been charged with a DUI under Virginia's zero tolerance law, you should get the professional advice of a Virginia DUI defense attorney about how to fight these charges.

You can also learn more about Virginia's zero tolerance law by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Steps to Being a Responsible Party Host

Wed, 04 Aug 2010 08:00:00 GMT

If you are planning a party or social event, and alcohol will be served, it is important that you prevent your guests from driving while intoxicated.

To prevent anyone from being injured or killed after drinking at your party, you can:

Discourage guests from excessive drinking, and encourage those who are drinking to be driven by designated drivers;
Hire a transportation service, such as taxis, a shuttle bus or a limousine, which will drive guests home safely after the party; and
Let an intoxicated guest sleep at your home, or have them go home with someone from the party.

You must also be sure that no minors are being served alcohol at your party as you can be charged for this offense under Virginia law.

Some states have a law known as social host liability, which means the host of a party or event may be held liable for damages if their guest is involved in a DUI accident that injures another person. You can learn more about social host alcohol liability by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

A Guest From My Party Was in a Virginia DUI Accident. Am I Liable?

Tue, 03 Aug 2010 08:00:00 GMT

If someone who attended your party injured another person in a drunk driving accident, some states can impose social host liability, which could make you liable for damages resulting from a DUI accident. Virginia does not have a social host liability law, but the states that observe this law may allow third-party victims who were injured in your guest's DUI accident to seek compensation from you.

In states that have a social host liability law, the person who hosted the party may be held liable for a third-party victim's:

Property damage;
Medical expenses;
Pain and suffering that they experienced; and
The loss of past, present, and future wages.

Since Virginia does not have a social host liability law, the chances of you being involved in such a situation are slim. Regardless, serving alcohol to a minor is illegal in Virginia. While you cannot be held responsible for a Virginia DUI accident that a minor has caused, you can be charged for serving that minor while they were at your social function.

You can learn more about social host alcohol liability by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Do I Manage My Rate Of Alcohol Consumption?

Fri, 30 Jul 2010 08:00:00 GMT

If you plan to drive after drinking alcohol, then you should manage your rate of consumption. If done correctly, this can prevent you from suffering the consequences of a Virginia DUI. To manage your consumption, it is important to know how much alcohol you are drinking. Generally, one standard alcoholic drink contains .5 oz of alcohol, and a healthy body will generally eliminate this much alcohol in an hour.

However, your blood alcohol content (BAC) will be affected by factors such as:

Your age
Your body weight
Your body's composition
The amount of food and water you consumed prior to consuming the alcoholic beverages

To safely operate a motor vehicle, it would be wise to wait after consuming alcohol. You should wait at least 1 hour for every alcoholic beverage that you consume. While you are waiting, you should drink as much water as you can, and urinate as much as possible. The longer you wait, and the more fluids you eliminate, the lower your BAC will become.

Even this method however, will not guarantee that you will not be stopped for driving under the influence of alcohol. If a police officer stops you, and measures your BAC at .08 or above, then you will be arrested and most likely charged with a Virginia DUI.

You can learn more about the Rate of Alcohol Consumption and Your BAC by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

How Does My Body Eliminate Alcohol?

Thu, 29 Jul 2010 08:00:00 GMT

Like anything you consume, when you consume alcohol, your body will process it, and then eliminate it. As your body processes alcohol it can have various effects. Depending on how much alcohol you consume, and your rate of alcohol consumption, you may feel euphoric, uninhibited, more social or talkative. If you consume too much, you may suffer from dizziness, disorientation, and a total loss of judgment. However, if you know your tolerance, and manage your consumption, you can avoid the negative effects.

When your body begins to eliminate the alcohol, it will do so in a number of ways. Almost all of the alcohol that you consume will be eliminated by your liver. The rest will be eliminated through your breath, urine, sweat, feces and saliva. By most standards, a middle-aged healthy person will eliminate one drink (.5 oz) of alcohol per hour.

As people age, however, their ability to eliminate alcohol will diminish. This is why an elderly person usually has a much lower tolerance than a young person. When the body does not eliminate alcohol efficiently, it will result in a higher blood alcohol content (BAC). It is therefore important to know your own tolerance before you choose to get behind the wheel of a car.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your rate of alcohol consumption may have affected your BAC reading. You can learn more about the Rate of Alcohol Consumption and Your BAC by visiting our article library.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Can I Rely on a BAC Calculator to Avoid a Virginia DUI?

Wed, 28 Jul 2010 08:00:00 GMT

It is a scientific fact that a person's body weight will affect their blood alcohol content (BAC). This is because those who weigh more hold more water in their bodies, and body water dilutes the alcohol in the blood. Therefore, those who weigh less have a higher concentration of alcohol in their blood, and are more susceptible to a higher BAC reading.

In light of this information, there are various Internet sites and even mobile phone apps that offer a way to "calculate" your BAC. By using a BAC calculator, these sites claim to estimate the amount of alcohol in your blood. To do so, they will ask for information such as:

How many drinks you have had
What you were drinking (i.e. the alcoholic content of the beverages)
How much you weigh
How many hours you have been drinking

By submitting this information to a BAC calculator, you will receive an estimate of your BAC level. But these calculators are not a reliable means of gauging your sobriety as they are only giving a vague estimate based on imperfect data. No matter what a BAC calculator says, if an officer pulls you over, and you submit to a BAC test which gives a reading of .08 or above, then you will be charged with a DUI.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your body weight may have affected your BAC reading. To learn more, read our article: Your Body Weight and Your BAC

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Body Fat and BAC Readings

Mon, 26 Jul 2010 08:00:00 GMT

Believe it or not, your body weight can have an affect on a Virginia DUI charge. This is because when a police officer takes a blood alcohol content (BAC) reading, the results will reflect the amount of alcohol within your body's bloodstream, and the alcohol in your blood will be diluted by the water in your body.

Therefore, a person with a higher body mass (weight) may have more water in their body, which may dilute the alcohol in their blood. A person with a lower body mass will generally have less water in their body, and hence more alcohol in their blood. This means the BAC reading that led to your Virginia DUI should be questioned by a professional Virginia DUI attorney who can determine if your BAC test was correctly calculated for your body type.

A BAC reading can also be affected by a person's body fat percentage. This is because fat holds much less water than muscle, and so it will absorb less alcohol from the blood. So if two people weigh the same, but one has more body fat, then after the same number of drinks the person with more body fat will have a higher BAC reading. With the expert help of a Virginia DUI defense attorney, you may be able use this information to fight your DUI charge.

If you have been arrested and charged with a Virginia DUI, then you may want to know how your body weight may have affected your BAC reading. To learn more, read our article: Your Body Weight and Your BAC

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Virginia Expands Scope of Move Over Law

Fri, 23 Jul 2010 08:00:00 GMT

If you haven't heard, Virginia has recently expanded the terms of its "move over" law. According to the law, drivers who see flashing lights on the side of a highway must move over to avoid a collision.

This law was originally established to protect police officers while conducting traffic stops, but as of July 1, 2010, this law now includes towing vehicles, motorist assistance vehicles, and repair and highway maintenance vehicles that display amber-colored flashing lights. By moving over, or changing lanes, motorists can give these workers room to safely do their jobs.

But the law only requires motorists to move over when it is safe for them to do so. If changing lanes would be unreasonable or unsafe, the law states that motorists should proceed with caution and maintain a safe speed for highway conditions. If a police officer believes that you failed to move over when conditions permitted, you may be faced with a traffic violation. Penalties for this may include court fees, fines, and an administrative license suspension.

If you have been unfairly charged with a violation of Virginia's move over law, you can fight the charge with the professional help of a Virginia reckless driving attorney.

To learn more, read our article What Is Virginia's Move Over Law?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Driver Charged in Fatal Virginia DUI Accident

Fri, 23 Jul 2010 08:00:00 GMT

A child was killed in Damascus, Virginia over the weekend of July 17-18, 2010 when a Toyota Tacoma, which was traveling west on State Route 788, ran off of the road, hit a culvert, and flipped over onto its hood. The truck had crashed into a residential mailbox, and hit a tree before sliding to a stop.

When police arrived to the scene of the accident, the driver of the vehicle was charged with driving under the influence. The driver's son, who was also in the truck, was pronounced dead at the scene. The accused, who was wearing his seatbelt while driving, suffered only minor injuries in the accident, and refused medical treatment. The boy was buckled into a car seat when he died.

The driver was arrested at the scene of the accident and taken to the Southwest Virginia Regional Jail, where he is being held. Apart from the Virginia DUI charge, further charges are currently pending.

If you have been involved in a similar incident, or charged with a Virginia DUI, you need the professional help of a Virginia DUI defense attorney. An attorney can investigate your case and help you build a defense to the charges against you.

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients to protect their rights in mounting a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

If I Am Driving On A Virginia Highway and I See Flashing Blue Lights, Am I Required To Move Over?

Thu, 22 Jul 2010 08:00:00 GMT

If you are driving on a Virginia highway, and you see flashing blue lights by the side of the road, Virginia's move over law requires you to move over.

According to Virginia's move over law, when you are approaching a stationary vehicle that is displaying flashing emergency lights, you must "change into a lane not adjacent to the vehicle" if the circumstances allow you to do so.

The reason for this is to prevent you from hitting a police officer or rescue worker. If you do not move over under these circumstances, you may be charged with a traffic infraction. If you are charged with violating Virginia's move over law for a second time, you may face a class 1 misdemeanor. If this violation results in the damage of someone else's property, your license may be suspended for up to 1 year. If this violation results in someone's injury or death, your license may be suspended for up to 2 years, in addition to other penalties imposed.

If you feel you have been unfairly charged with a violation of Virginia's move over law, you can get the professional help of a Virginia reckless driving attorney. An attorney can investigate the case, and help you fight an unreasonable violation.

If you are driving on a Virginia highway and you see flashing lights on the side of the road, by law you may be required to move your vehicle into another lane. To learn more, read our article What Is Virginia's Move Over Law?

Bob Battle's GUARANTEE for Reckless Driving/Speeding and Other Serious Traffic Offense Defendants!

Bob Battle is the only Virginia reckless driving attorney to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of Reckless Driving/Speeding in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

I Want To Reinstate My Virginia Driver’s License, But I Don’t Know What To Do

Wed, 21 Jul 2010 08:00:00 GMT

If you want reinstate your driver's license after a Virginia DUI, you'll need to complete the necessary steps that the court has laid out for you. If you don't know what these steps are, you must contact your local DMV and ask them for your Compliance Summary.

Your Compliance Summary will tell you what you must do to reinstate your driver's license. These are the rules established by a judge in your Virginia DUI trial and might include paying your fines, attending an Alcohol Safety Action Program, and submitting an SR-22 form to the DMV.

Once you have completed the necessary steps, you will need to take an applicable road skills test, and provide a court order allowing restricted driving privileges. If you need to obtain a new driver's license after your driving privileges are reinstated, you can do so by visiting a DMV customer service center.

For help obtaining your Compliance Summary, and meeting the necessary requirements, you can get the professional help of a Virginia DUI defense attorney. An attorney can go over the details of your Compliance Summary, and make sure you complete the necessary steps to reinstate your license.

If your driver's license has been suspended after a Virginia DUI, you may want to know what steps to take to reinstate your license. To learn more, read our article How Do I Reinstate My License After a DUI in Virginia?

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the court's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.