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Depending upon the ticket you have, the court your case is in, and other factors such as your driving record, it may be a case that I can handle without you having to come to court. Contact me today to find out.
Do you have to appear for reckless driving in Virginia? Let’s find out.
Hi, I’m Andrew Flusche, a Virginia reckless driving lawyer. One of the biggest questions I get from people, especially from people out-of-state, when you have a reckless driving ticket, is do you have to actually appear in court? The answer is that it depends, unfortunately. Depending upon the ticket you have, the court your case is in, and other factors such as your driving record, it may be a case that I can handle without you having to come to court. Typically for lower speed reckless driving cases in the Fredericksburg, Stafford, and Spotsylvania area, I can handle it without you having to come, especially if you’re from out-of-state.
A lot of people get tickets on I-95 while passing through on vacation up and down the east coast. If that’s you, definitely call me so I can help you determine if you need to appear for court, or if I can just take care of the case without you here. That alone can make it well worth hiring an attorney so that you don’t have to worry about coming all the way back for court. Do you have to appear for a reckless driving ticket? You definitely need to call me so that I can help advise you and help you answer that question for your specific case.
The post [VIDEO] Do You Have to Appear for Virginia Reckless Driving? appeared first on Andrew Flusche.
Find out how and when to pre-pay your ticket. Keep in mind, when you pre-pay you are saying “I’m guilty”. Contact me today to see what other options you might have.
Hello, my name is Andrew Flusche. I’m your Virginia traffic and misdemeanor lawyer. If you have a traffic ticket for something other than a misdemeanor, for like a simple speeding ticket for example, the box on your ticket may be checked that says you can avoid coming to court if you complete all the instructions on ticket. What that means is you have a pre-payable citation and that’s a choice you can make if you want to pre pay that ticket. Keep in mind though, that pre paying is pleading guilty, so essentially, you’re paying the fine, you’re pleading guilty to the offense as charged and once everything is processed, that offense will land on your driving record depending on where your license is from, of course.
But if you have a Virginia license, a Virginia ticket will certainly end up on your driving record. How do you prepay? Let’s say you want to prepay and you know that you want too, how do you do that? There’s basically a couple different ways, you could go to the Clerk’s office for the court where the ticket is pending and you could take care of the payment in person but definitely, most clerk’s offices stop taking payments by three or three thirty on the day before court. You can’t prepay usually the morning of court, you need to go earlier on the day before court.
The second option would be to prepay online. Virginia Court System has a simple website where you can look up your ticket and you can process the payment on line and again, the payment’s cut off in the afternoon on the day before court, so you definitely should prepay a couple days early. The key thing about prepaying is if you just want to pay a ticket, keep in mind that if you don’t prepay and you don’t show up to court and they send you a bill afterwards, then they will add on a fee for being tried in your absence. If you just want to be found guilty and you want to pay the fine, there’s an incentive to pay it early, it saves you some of the court costs.
Before you prepay, remember that it’s pleading guilty, remember that it will go on your record and that’s a reason that you should talk to me about your case to see what I can do to help you, if we might can have it dismissed and it might not cost you anymore depending on the circumstances and what the fine is, it may be a case that we could resolve to your satisfaction and actually save you some money and make it where you might not even have to pay a dime to the court. If you want to prepay, now you know how but I would encourage you first to talk to me or to see what your options might be.
In Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object. , in Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object.
Does the officer have the right to search your car simply because they smell the odor of marijuana? Let’s talk about that. Hi, I’m Andrew Flusche, your Virginia traffic and misdemeanor lawyer. One issue that comes up quite frequently in marijuana cases is the officer claims they smell the odor of marijuana and then they search the vehicle. The question that comes up is: Can they do that? I thought they had to have a warrant or I thought they had to have my permission.
Unfortunately, in Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object. Essentially it would be difficult other extremely burdensome for the officer to be able to get a warrant, so we have an exception to allow the officer to search the vehicle for marijuana if they smell it.
Now that’s the problem. I’ve got other videos where we discuss fighting these cases. It can problematic because there’s really no way to prove or disprove that marijuana was actually smelled. It really is based on the officer’s word that they smelled marijuana. Unfortunately, if they find marijuana then obviously we end up in court and the judge will believe that the officer did smell it.
If they don’t find marijuana, that case doesn’t typically end up in court unless there’s some other charge. It’s hard to tell the track record of officers as far as is their nose right, are they really smelling marijuana in the vehicle. That isn’t really a good reason to search. Now here’s the thing: that if the officer says they smell the odor of marijuana, and you certainly do not need to consent to the search, and you consenting makes it where they don’t need any reason at all, they could have been just making it up about marijuana intentionally. They could just be lying to you purposefully to try to make you consent.
Now certainly I’m not saying an officer would lie in court but they could be lying on the side of the road to try to make you want to consent, say, “Oh, I smelled marijuana. Do you mind if I search?” If you say yes, that is now a consensual search and it doesn’t matter if they smelled marijuana or not. This is why it always makes sense to politely refuse searches and make the officer prove that they had a reason to do it. If you’re charged with possession of marijuana, definitely give me a call so we can discuss the facts of your case.
The post [VIDEO] Can the Police Search Your Car Based on Marijuana Odor? appeared first on Andrew Flusche.