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James Robert Parrish
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James Parrish’s Answers

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  • Can my dui keep me from being certified as a physical therapy assistant in virginia beach?

    I got it in NC in 2006 and was convicted in 2007. I got the bare minimum in consequences because I didn't blow a high number if that makes a difference.

    James’s Answer

    It is unlikely that such a conviction would prevent certification. However, it is best to check with the professional occupational regulatory authority within your state. Also, please understand that an employer may refuse to hire you based on such a conviction as it could present a number of insurance issues for the employer.

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  • If information from your drivers license is wrote down on your arrest warrant wrong by the police officer, is the warrant still

    on two warrants the same minor detail was wrote incorrectly, but the typed paper had the correct information..

    James’s Answer

    Such a minor error would unlikely result in a valid defense to the charge or dismissal of the charge by a Court. This type of mistake is referred to as a "scrivener's error," and is not uncommon. The most effective method of defending criminla charges is through collaboration with an experienced and knowledgeable defense lawyer.

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  • Is there any possibility to get my restricted driving license fully restored if I exhibit an excellent performance in VASAP?

    DUI 1st offence BAC .14. Abstinence required.

    James’s Answer

    Unfortunately, no. If your license has been suspended based on a conviction of DWI in Virginia, then you face a mandatory minimum 1 year period of suspension. A Virginia judge cannot waive or shorten this period of suspension.

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  • Dozed off while driving and woke up just before my car hit the dividers. But car was totaled. No loss of life. Implications?

    I have never got a ticket or been involved in an accident before. However, recently while driving late night, I dozed off while driving and unfortunately, my car hit the concrete dividers and got totaled. Thankfully, nothing happened to me. No oth...

    James’s Answer

    Reckless Driving is a Class 1 misdemeanor crime in Virginia and you can be charged with this offense based on excessive speed, causing an accident, driving aggressively, or for several other reasons.
    People charged with this crime face the following penalties:
    -Up to one (1) year in jail,
    -Up to $2,500 in fines plus Court costs, and
    -Up to a Six (6) month driver’s license suspension.
    If you are convicted of Reckless Driving you will have a permanent criminal record, which could affect your ability to obtain a security clearance or be hired for certain jobs.
    Also, your insurance rates are likely to rise dramatically.
    Local prosecutors treat this crime very seriously and Judges regularly sentence people convicted of Reckless Driving to serve jail time, as well as impose license suspensions.
    If you have been charged with Reckless Driving, then contact an experienced attorney to help protect your interests.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    James R. Parrish, Esquire
    Parrish Law Firm, PLLC
    10620-C Crestwood Drive
    Manassas, Virginia 20109
    (571) 229-1800 x203 Office
    (703) 906-4229 Cell
    (571) 229-1818 Fax
    (703) 991-7096 eFax

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  • Does a summons indicated for traffic court but actually for criminal court still count?

    Issued a summons for a class 3 criminal offense, but on the summons the 'Traffic' court section was selected - rather then the criminal selection. Is this summons still valid? Only after signature was the error discovered. The times and dates for ...

    James’s Answer

    Your type of question is quite common and is the subject of much confusion amongst folks facing these types of charges.

    Unfortunately for you, the Summons is very likely valid and a Court would likely not dismiss the case based solely on the box checked by the charging law enforcement officer.

    Of course, this may not be the only error the officer made in your case and you should have an attorney with experience in this area review all of the facts of your situation and represent you in Court.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    James R. Parrish, Esquire
    Parrish Law Firm, PLLC
    10620-C Crestwood Drive
    Manassas, Virginia 20109
    (571) 229-1800 x203 Office
    (703) 906-4229 Cell
    (571) 229-1818 Fax
    (703) 991-7096 eFax

    www.theparrishlawfirm.com

    www.accidents.theparrishlawfirm.com

    www.dwi.theparrishlawfirm.com

    www.traffic.theparrishlawfirm.com

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  • What is the penalty for this

    i was involved in a hit and run in va that i didn't know about till police pulled me over i was given a ticket for following to close and a ticket for hit and run attended property which the ticket says misdemenor i have to go to general traffic c...

    James’s Answer

    The Virginia Criminal Code has several different charges relating to "hit and run" and the penalties for each version are different. Your question reads as though you were charged with the Class 1 Misdemeanor version, which means that you face a jail sentence of up to1 year and a fine of up to $2,500.

    Whenever anyone contacts me who is facing this charge, I always recommend that a veteran defense lawyer be engaged to handle the situation.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    James R. Parrish, Esquire
    Parrish Law Firm, PLLC
    10620-C Crestwood Drive
    Manassas, Virginia 20109
    (571) 229-1800 x203 Office
    (703) 906-4229 Cell
    (571) 229-1818 Fax
    (703) 991-7096 eFax

    www.theparrishlawfirm.com

    www.accidents.theparrishlawfirm.com

    www.dwi.theparrishlawfirm.com

    www.traffic.theparrishlawfirm.com

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  • I was rearend but don't have insurance is the driver still liable for my damages

    Is the person who hit me going to be responsible or since I did not have insurance they are off the hook

    James’s Answer

    Most likely. In Virginia, the law basically states that if you are rear-ended while stopped (or nearly stopped), then the other driver is at fault (unless he/she has other evidence to explain why the accident happened like an unexpected brake failure or an unanticipated wet spot on the road).

    Whether you have insurance or not does not impact the other driver's liability/responsibility for damages he caused to you.

    I agree with one of the other answering attorneys who indicated that you should submit your property damage (or car damage) claim to the other driver's insurance company for payment.
    However, you may well need an attorney if you were physically hurt in the accident.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Minors Settlement Needs Honest Answer Please!

    Hello, my question is my son got a automobile accident settlement about 10 years ago he is a minor. I have since found the childs settlement agreement was dismissed in court. The lawyer settled it on his own. He told me back then to put in bank ac...

    James’s Answer

    While I don't fully understand your question, I believe you want to know if you can use the settlement funds to buy contact lenses for your son. The short answer is yes. Settlement funds can be used for the health, welfare and education of the child. Accordingly, as long as you keep track of the money you spend for your child's contact lenses, all should be just fine.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • The first time i seen him 2005 not sure on the date of my surgry but jan 2009 the earlest time i seen last seen march 2 2009

    is it to late to sew him

    James’s Answer

    I agree with the other responding attorneys in that this situation is far too complex to answer in this forum.
    However, as general information, in Virginia, you have 2 years from the date of the injury to sue a person for damages. In a medical malpractice situation, that 2 year period can be extended by the "continuing treatment rule," which basically means that the statute of limitations does not begin to run until you stop treating with the medical provider who caused the injury.
    I strongly encourage you to contact an experienced malpractice attorney as soon as possible, so that you can get accurate answers to your questions before any claim you may have is barred by the lapse of time.
    The author of this answer is licensed to practice law in Virginia. This answer is intended only as general information and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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  • Can I speak to my arresting officer about dropping my drunk in public ticket?

    A few friends went out for drinks and one got belligerent and was walking in traffic so we all three got stopped. The obnoxious one wouldn't shut up and we all had been drinking so we all got drunk in public tickets. I really don't want a misdemea...

    James’s Answer

    It certainly reads like you were in the wrong place at the wrong time with the wrong kind of "friend" and now face a real dilemma.
    The real question to be answered here is "Should you speak to the officer?" and the short answer is NO.
    The officer does not have the authority to "drop the charge."
    Once the charge is issued, the matter is in the hands of the Commonwealth Attorney for your county (in Virginia).
    Also, anything you tell the officer can be used as evidence against you in Court.
    Your best move is to engage the services of an attorney experienced with alcohol-related matters.
    He/she can then direct and guide an appropriate and goal-oriented strategy for defending against your charge, as well as negotiating a favorable outcome through the use of plea negotiations with the prosecutor.
    Yes, the wrong code section being listed on the Summons could be a real problem for the prosecution, but this again demonstrates the need for the services of a lawyer.
    I hope this helps.

    James R. Parrish, Esquire
    Parrish Law Firm, PLLC
    10620-C Crestwood Drive
    Manassas, Virginia 20109
    (571) 229-1800 x203 Office
    (703) 906-4229 Cell
    (571) 229-1818 Fax
    (703) 991-7096 eFax
    www.dwi.theparrishlawfirm.com
    www.traffic.theparrishlawfirm.com

    DISCLAIMER: This answer is provided as general information and is not to be considered legal advice, nor does it constitute the creation of an attorney-client relationship.

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