Posted on

What You Should Know About Driving Under the Influence in Richmond Virginia

Driving under the influence in Richmond Virginia is a serious charge. If you’re convicted of the charge, you could be facing life-altering penalties. Even just being charged with a DUI is Virginia can cause you a lot of hassle, though.

What to Expect After You’ve Been Charged

When you’re charged with a DUI in Richmond, VA, your driver’s license is usually suspended right on the spot. The police officer might confiscate it from you before he or she puts you in handcuffs and takes you to jail. If this is your first offense, you might be released on your own recognizance or you might be given a bond that you can post to bail out of jail.

What to Do After You’ve Been Charged

When you’ve been charged with a DUI in Virginia, one of the most important things to do is to keep silent. Do not divulge any more information to law enforcement officers than you have to because anything you say could be used against you later on in court.

It’s essential that you contact an attorney right away. An attorney can evaluate the circumstances surrounding your case to determine how to advise you.

What You Can Expect From Your Attorney

Some of the questions you can expect your attorney to ask you include the following:

  • Were you given a reason why you were pulled over?
  • Was there a crash? If so, did the officer arrive on the scene before or after the crash?
  • Did you submit to a blood alcohol content (BAC) test? If so, what was your reading? How many times were you given the test?
  • Was anyone else involved in the accident? What anyone in the car with you?

These are just some of the questions that you can expect your attorney to start off with asking you, and depending upon your answers, he or she will know where to go from there.

What You Can Expect Your Attorney to Do

The first thing you can expect your attorney to do is to determine whether or not the arrest was lawful. If the arrest wasn’t lawful in the first place, then any evidence gathered will be deemed irrelevant, and your charges could be dropped. For instance, if the police officer didn’t have a valid reason to pull you over, then your charges could potentially be dropped.

However, if your attorney does deem the arrest lawful, then he can at least help you fight the charges. When you’ve been charged with a DUI in Richmond, VA, contact Virginia DUI attorney David A.C. Long right away.

Posted on

I Was Injured In A Car Accident In Vancouver, What Should I Do?

A Vancouver car accident can be a life-changing event. Even if you feel you have not been injured in an accident, it can take days or even weeks to become aware of the symptoms of related injuries. It’s important to defend your legal rights beginning the very day of any car accident, no matter how serious or minor.

When you are injured in a car accident, the first thing you should do is write down your recollection of the event. You may be challenged in court, so it is a good idea to make sure your version of events is clear in your mind. You may need to explain the circumstances several times throughout the course of a court case. It’s crucial not to contradict yourself!

The next thing you should do is get a check-up. In the early days after a vehicle accident, only a doctor will be able to notice the subtle signs of injury that could become more serious later. After a thorough review of your health, a doctor can let you know whether a complete recovery is possible, how long it may take and what the related costs may be.

To defend yourself in an accident case, you should take every step possible to show you were not the responsible party. It’s a good idea to get your car or truck examined at a service station. In many cases, this can help you prove your vehicle was in fine working condition prior to the accident, so mechanical failure was not a factor.

It is also a good idea to assemble witnesses who can testify that you were healthy and able to operate a vehicle at the time of the incident. If an accident took place over the weekend or at night, it may be more important to show that you were not under the influence of any substances. Character witnesses can testify to your responsible nature, too.

Contacting a Vancouver personal injury attorney will help you defend your rights. An attorney can take over communication with the authorities and other parties so you are less likely to say things that can be used against you in the courts. A personal injury attorney is also skilled in getting you settlements that can help you with medical and transportation costs. Without an attorney, it’s easy to become overwhelmed by all the intricacies of such a case!

Posted on

Information on Virginia Domestic Violence Laws

IF YOU ARE IN AN EMERGENCY SITUATION, CALL 911.

Domestic abuse is typically a pattern of behavior and a method of control. It’s a form of establishing a hierarchy of strength within a relationship, where one partner dominates the other by means of physical and/or psychological abuse. Domestic violence is split into five main classes of abusive behaviors: physical violence, emotional abuse, sexual assault, economic control, and neglect.

Examples of these include:

  • Physical Violence (hitting, slapping, choking, kicking, biting, pushing, and using weapons, etc.)
  • Emotional Abuse (humiliation and intimidation tactics such as calling the victim degrading names, diminishing the victim’s sense of self-worth, threatening harm to the victim or family, torturing pets, and destroying personal property)
  • Sexual Assault (forcing the victim to engage in sexual acts against the victim’s will)
  • Economic Control (discouraging or forbidding employment, withholding information about family finances, controlling all family finances and accounts, or improper use of power of attorney)
  • Neglect

Are There Any Protections for Domestic Abuse Victims?

There are multiple outlets and legal protections provided to victims of domestic abuse in Virginia. These could include the following:

  • Address Confidentiality Program (ACP): Victims may request a legal substitute address typically in the form of a post office box to replace their physical address; this substitute address may be applied whenever an address is needed by public agencies. First class mail sent to this address will be delivered to the victim’s true address.
  • Protective Orders: Victims of domestic violence can apply for a protection from abuse (PPO) order, a court order signed by a judge that provides protection to victims.
  • Civil lawsuit: The victim may file a civil lawsuit to recover losses and bills such as medical expenses or pain and suffering damages.
  • Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, children, or other persons.

Remember that if you are a victim of domestic violence, you are not alone. There are organizations, support groups, and authorities dedicated to help those who endure domestic abuse. If you need legal assistance contact a local Richmond criminal defense attorney right away. The following table provides a summarization of the critical details of Virginia’s domestic violence laws.

Code Sections

Code of Virginia §18.2-57

What Protections are Available?

Civil and criminal

Definition of Domestic Violence/Family Abuse

“Family abuse” means any act involving violence, force, or threat including any forceful detention, which results in physical injury or places one in reasonable apprehension of serious bodily injury and which is committed by a person against such a person’s family or household member.

Family/Household Member Relationship Requirement
  • Spouse, regardless of residence,
  • Ex-spouse, regardless of residence,
  • In-laws who live in the same home,
  • Persons who have a child in common regardless of residence,
  • Co-habitants, and
  • Those who have cohabited in the past year and their children.

Penalties

Any person who commits domestic assault and battery or family abuse shall be guilty of a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. Three or more convictions in a 10-year period elevate the crime to a Class 6 felony, punishable by up to five years in prison. The prior convictions can be from other jurisdictions in Virginia, but they must have occurred on different dates.

Types of Protective Orders Available

Protective Orders

Source:  http://statelaws.findlaw.com/virginia-law/virginia-domestic-violence-laws.html