Archives for the ‘Blog Entries.Local’ Category

[VIDEO] Virginia DUI – Why Were You Weaving?

Author: marketing From http://www.andrewflusche.com • Jul 6th, 2015
   Category: Blog Entries.Local

No matter why you may be swerving or weaving, that usually gives the officer enough reason to pull you over, depending upon how severe it was. That’s definitely something that we will need to discuss. Contact me about your DUI case and we can go over all of your options.

Video Transcription

Does it matter why you were weaving if the officer pulls you over for DUI? Let’s talk about that.
One issue that comes up a lot in DUI cases that I handle is the client, or potential client, may have been pulled over for swerving or weaving on the roadway. That may be the reason that the officer’s attention was drawn to you and that may be the sole reason for the stop, is some different swerving or weaving movement. A lot of times my client has an explanation of what they may have been doing that caused the weaving, such as texting or something. You’re not allowed to that, but it’s better than DUI. However, the issue becomes does it matter why you’re weaving or swerving.
Generally speaking, no, it doesn’t matter. The officer needs reasonable suspicion to pull you over. No matter why you may be swerving or weaving, that usually gives the officer enough reason to pull you over, depending upon how severe it was. That’s definitely something that we will need to discuss. If you just had one minor weave within your lane, that probably is not enough to pull you over. However, if you cross the lane dividers or you weave multiple times over a short period of time, then that probably gives the officer a good reason to stop you.
As far as the court is concerned, quite honestly, the court doesn’t normally get into the issue of why you were doing the weaving: whether you were entering something into your phone, talking with a passenger or adjusting your radio. A, it’s very difficult to prove that that’s actually what you were doing. B, the court usually doesn’t care, quite honestly. Because, the issue is not what an all knowing person would know. The issue is what did the officer know when he pulled you over. When he pulls you over, he doesn’t know what you may be doing in the vehicle, so it’s reasonable, typically, to pull you over for weaving or swerving, depending on the severity regardless of why it was happening. If it was happening due to obstructions on the roadway that the officer could see, you were navigating around debris, a pothole or something like that, then I think that does matter. That’s definitely something we should discuss.
If you’re charged with Virginia DUI or DWI, be sure to get my free book and contact my office so we can discuss everything about your case and how I can help.


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Independence Weekend Range Time

Author: David From http://www.musingsoverapint.com/ • Jul 6th, 2015
   Category: Blog Entries.Local
After shooting two IDPA matches in the past week, the only shooting-related activity I had planned for the Independence weekend was gun cleaning. But then a friend texted Thursday evening asking if I wanted to hit the range Friday morning. As much as I prod my friends to practice, I really wasn't in a position to say "no."

We met early in the morning, and except for someone shooting what sounded like a cannon on the rifle range, we had the place to ourselves. No range officers to tell us we're shooting too fast, or remind us about target rules. (The latest decree from on high is that "Targets supported by wooden fabricated stands are less acceptable because of the debris that might be left.") We set up our "less acceptable" stands and had a couple hours of fun and good practice.

The end result of a good practice

Most of our range time consisted of drawing from the holster and firing one, two, or three hits on the target. After each mag's worth of shooting we moved to shoot a different distance, to mix it up a bit; shoot at 7 yards, move to 15, to 10, to 20, etc  That's about as much "training" we're allowed to do there. Despite the limits, we both still considered it a beneficial practice, and fun.

This was also chance to get more feel for shooting without my (now incorrect) prescription shooting glasses. It's a little odd to not see the targets and other distant objects clearly, but at the same time, it's quite thrilling to see the sights in sharp focus. With the old mono-focus prescription, I did need to squint the non-dominant eye when shooting from beyond 12-15 yards. Without any Rx, that's not necessary. Even with the out-of-focus targets, at 25 yards I was able to put 8 of 10 shots in the down 0 zone, with the remaining two in -1. (Disclaimer: Results in practice are no indication of future results in competition.)

I think I was able to shoot as accurately and as quickly, if not more so, than with the prescription inserts. Perhaps I've been forcing the issue in trying to see both distant and close up through my shooting glasses. Without my glasses I can see in the distance well-enough to find targets, and recognize people, although I wouldn't drive a car without them. Even fairly close in, I couldn't pick out the holes appearing in the target, but I was also usually aware when I pulled shot. I'm looking forward to more shooting and experimentation with vision and sight picture. (Fixed it.)


Bubble machine

Author: Mike From http://blog.mikemorones.com • Jul 5th, 2015
   Category: Blog Entries.Local, Photography.Local

Bubble machine



Irony. And Oppression.

Author: David From http://www.musingsoverapint.com/ • Jul 4th, 2015
   Category: Blog Entries.Local
I have some fired brass to ship off to an ammo supplier for credit. So on the day we celebrate our Nation's independence I headed to the local post office to pick up a few Flat Rate boxes to prepare the shipment. I found it ironic, and extremely irritating, that in order to support an interest that is guaranteed by the 2nd amendment, I must give up that very same Constitutional right.



During the drive I was thinking about the people who promote, pass, and enforce limitations on the our liberties, especially the 1st and 2nd Amendments, and how they have willfully and consciously made a decision to ignore the Constitution of the United States. Their motives should worry free men.


Mood Music

Author: David From http://www.musingsoverapint.com/ • Jul 4th, 2015
   Category: Blog Entries.Local
Getting into the spirit of the day.



A little slow, but a noble effort.

I began my Independence weekend celebration at the range. The sounds were music to my ears, though they couldn't be described as melodic. 


Mary helps me reach the tall berries at Westmoreland Berry Farm

Author: Mike From http://blog.mikemorones.com • Jul 3rd, 2015
   Category: Blog Entries.Local, Photography.Local

Mary helps me reach the tall berries at Westmoreland Berry Farm



These Old Eyes at the IDPA Match

Author: David From http://www.musingsoverapint.com/ • Jul 3rd, 2015
   Category: Blog Entries.Local
I've written about my experiences with vision correction and shooting previously. It's been just over a year since I last updated the lenses in my shooting glasses and a regular eye exam about 3 months ago showed no significant change in my vision. However, recently I've begun see a less than sharp view of the sights when using the prescription inserts. Earlier this week during some dry fire it became abundantly clear (heh) that I wasn't seeing the front sight in focus. I wrote it off as being due to low room light, and I found the practice session went a lot better not wearing the Rx glasses.

At this Wednesday’s Black Creek IDPA match as I did a few practice draws in the safe area, even in the filtered sunlight, it was still difficult to see a outline of the front and rear sights. Removing the prescription insert from my glasses allowed a very sharp sight picture. I finally decided to shoot the match without the Rx inserts. Sure the targets were blurry, but they’re supposed to be with a proper sight picture, right?

The match went pretty well for me. As always, the match director made good use of the single shooting bay by using the same targets in multiple stages, and shooting them from different positions and with different requirements. Stage 1 started with the gun on a barrel, shooting six shots through a tunnel created by a sideways barrel and barricade combo, to a target with only the center portion available. One miss and one low shot left me 6 down. The narrow and blurred target zone gave me a good feeling of the vision challenge to expect on the rest of the match.



The next two stages involved shooting four targets from cover behind stacks of barrels and wooden wire spools. Each of the targets required 3 hits each. The shooting order and gun start location changed between the stages. There were options on how you engaged the targets, and most of the views were fairly limited.

The fourth and final stage made use of the entirety of targets and props that made up the first three courses of fire. There was an added twist of requiring a varied number of hits on the targets. We started at the first stage, and put a minimum of two hits on the narrow target through the barrel. Next, we advanced toward the positions used for stages 2 and 3. The right two targets required 3 hits each, and the last two on the left required 4 hits each. Positioning was interesting as there were numerous ways to shoot the stage, all the while keeping in mind cover and engagement order. I lost track of my shot count at the last position, between a reload and a quick malfunction clearance, so ended up putting extra shots on the targets. It all worked out in the end as I finished the stage down 0. 



It was a fun, but hot, match. I didn’t have time to shoot a second gun this time, but after the clean finish on the last stage it was good to stop while I was ahead! The lack of focus in the distance didn’t appear to have much of an effect, and by the end of the match, I didn’t really notice. I couldn’t see my hits on the targets but they say you should “call your shots” anyway and not look for the holes in cardboard. I’ve talked to some other shooters with distance correction who just accept the blur of targets in the distance when shooting. I’ll wait a bit before deciding if I need to update my prescription. I do especially like the idea of not looking through a double layer of lenses, and I found I didn't need squint my left eye to pick out the front sight. I recently switched to a fiber optic on the front sight which also helps in finding that front post.

Sometimes the limitation in shooting is the equipment, not the store-bought stuff, but the parts we are born with.


[VIDEO] Fight Searches Based on Odor of Marijuana

Author: marketing From http://www.andrewflusche.com • Jul 1st, 2015
   Category: Blog Entries.Local

One of the main questions that comes up in a lot of marijuana cases that I defend is that the officer claims they smell the odor of marijuana, and that’s what gives them the right to search. Can you fight that kind of a search? Well, the answer is yes, but how difficult is it? Contact me today about your possession of marijuana case.

Video Transcription

Hello. My name is Andrew Flusche. I’m your Virginia defense lawyer. Today we’re going to talk about how do you fight a search based on the odor of marijuana. One of the main questions that comes up in a lot of marijuana cases that I defend is that the officer claims they smell the odor of marijuana, and that’s what gives them the right to search. Can you fight that kind of a search? Well, the answer is yes, but it’s extremely difficult, unfortunately. The problem is that there’s no way for the officer to really prove that they smelled marijuana other than their sworn testimony in court and likewise, there’s no way for us to disprove that they didn’t smell marijuana. The nose is something that nobody can really prove either way. However, we could argue about how likely it is that the officer could smell marijuana, if there’s a questionable case.

I’ve heard of some cases and seen cases where the officer is in their own cruiser, and you’re in your vehicle in traffic and driving along, and the officer may claim they smell marijuana in traffic. That kind of an issue could provide a possible argument that how likely is it that the officer would be able to smell marijuana in another vehicle? Especially if there’s other vehicles around, how would the officer know whose vehicle had the marijuana even if they could smell it? The problem is that most of the time these cases come along when the officer has you pulled over on the side of the road and approaches your window, and then they claimed they could smell marijuana at that point. Those cases are extremely hard to challenge on the smell of marijuana issue.

However, there still may be other issues to fight such as did they have a good reason to pull you over to begin with and can they prove that you even had marijuana and then finally, can they prove that you were legally in possession of that marijuana? Those are definitely issues that we may still be able to fight. You should watch my other videos or better yet, just give me a call, and we’ll talk about the defenses that may be available in your case.


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[VIDEO] Can the Handheld Breath Test be Used Against You in Court?

Author: marketing From http://www.andrewflusche.com • Jun 30th, 2015
   Category: Blog Entries.Local

There’s three steps for DUI which I explain when you contact my office and we will analyze your case together. One question is does the officer have a good reason to arrest you. That’s where the hand held breath test comes in. If you’re charged with DUI or DWI definitely contact me so we can discuss your defenses.

Video Transcription

Can the preliminary breath test be used against you in court? Let’s find out. Hi, I’m Andrew Flusche. I’m your Virginia DUI lawyer and the simple answer is yes, the preliminary breath test or hand held breath test or portable breath test, whatever you want to call it, a little device that the officer holds in their hand can and most likely will be used against you in court. Now, let’s explain what that all means.

Essentially, the officer in Virginia before they give you a little hand held breath test on the side of the road, they read a little card with some legal mumbo jumbo and it kind of sounds like, oh this test isn’t going to be used against me in court. The officers a lot of times even go further than that and explain in their own words, “well, what that just says is that I can’t bring this test into court, this is just between you and me, it’s going to stay right here on the side of the road and it’s just a gauge for me to see if you’re safe to go home or not.” Sometimes, they’ll even say flat out this test cannot be used in court. That’s just wrong. The preliminary breath test cannot be used in your prosecution for DUI to prove whether or not you were actually impaired. That’s legal mumbo jumbo for saying that this test cannot be used to decide if you in fact were drunk. However, this test can and most likely will be used to decide whether or not the officer was justified in arresting you.

There’s three steps for DUI which I explain when you contact my office and we will analyze your case together. The first one is does the officer have a reason to pull you over. This test doesn’t matter for that. The second question is does the officer have a good reason to arrest you. That’s where the hand held breath test comes in. If the officer does not have a good reason to arrest you, you normally win the case because that means that it was an invalid arrest, they really don’t have enough evidence to prove intoxication typically other than that. A lot of times you would just walk away with a dismissal or a not guilty. That’s where the hand held breath test comes into play. It’s used for the purposes of probable cause to arrest and it will come into court if you challenge probable cause. The third question in a DUI is whether or not you were actually impaired. The hand held breath test is not used for that. That’s correct. That’s where they take you to the station and have you do a big breath test with a big tube or they take your blood or something. That’s the key thing for you to take away though.

Any breath test can and most likely will be used against you in court. It can be used for different things but don’t believe anyone who says that this test is not going to be used against you in court. It’s simply not true. If you’re charged with DUI or DWI definitely contact me so we can discuss your defenses.


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Warming up for track events at

Author: Mike From http://blog.mikemorones.com • Jun 29th, 2015
   Category: Blog Entries.Local, Photography.Local

Warming up for track events at