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Luke Joseph Nichols

Luke Nichols’s Answers

140 total


  • I have a petty theft charge under $20 and a speeding ticket and I need help on how to handle it?

    I have a petty theft charge under $20 and a speeding ticket both are in different counties and have no connection other than myself both are first offenses. I would like to request a court supervision for the petty theft since it is first but will...

    Luke’s Answer

    You are probably fine but here is a check list of things to consider before ever paying off a traffic ticket:

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  • A 60 year old friend: 1st DUI, .15-.2 BAC, no traffic offense, City of Alexandria Police Dept. Any pre-arraign. Reco?

    No traffic offense meaning she wasn't speeding and there was no other moving violation involved. She's hoping the charge can be reduced to reckless driving, and hoping the City of Alexandria system may be lenient compared to the FFXCo. system.

    Luke’s Answer

    The City of Alexandria is not going to reduce her charge because of her record or because she is a nice person. If they reduce her DUI to a reckless they will do so because they are seriously concerned about losing the case. You need to hire a DUI attorney who know what they are doing and who can find a defense to her charge.

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  • Did the police follow protocol in my situation and how will it affect me?

    At school 2 pills were taken from my vehicle. ( I do not abuse prescription medicine) the resource officer interviewed me in the principals office and I told him where they were exactly in my truck. I had walking in graduation taken away and other...

    Luke’s Answer

    I sounds like there may be some serious issues about whether your constitutional rights were violated. Definitely call a local attorney about your case. In the mean time, here are some resources that may help educate you about how and when the police can search your property and when a police search is illegal.

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  • Will a reckless driving ticket (that results in jail time) affect my student visa or result in my deportation?

    I've got a reckless driving ticket for driving 101 mph in a 40 mph speed limit zone in Virginia. I understand this is a criminal offense that will most likely result in jail time. However I'm more concerned if this can result in the cancellation o...

    Luke’s Answer

    You definitely need a reckless driving attorney. The many outcomes and penalties of reckless driving can be complex. For more information about the likely penalties of reckless driving check out these links:

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  • Can a officer charge you for driven when u wasn't under the wheel

    He followed me about a half mile I pulled over in a store as I was walking in the store he says something so I turn around to see what he was saying he ask was this my car I anwser no my wife she's in the car then he ask for my I.D I goes in the s...

    Luke’s Answer

    If the officer saw you driving it doesn't matter as much what you were doing when he arrested you. However, we don't know what the officer did or did not see. It also matters a lot what crime you were charged with. DUI, Driving on a Suspended License, Hit and Run ect. These laws have different rules about being behind the wheel and what is "driving".

    If this is a DUI, check out some of these common DUI defense.

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  • I received a reckless driving(55/86) in sussex county virginia. Having clean record I would like advice on reducing it to normal

    I have a clean record and the jail period has already been to zero days in my online court status. I am like to know the things to be done to reduce it to normal speeding ticket.

    Luke’s Answer

    Remember that this is a criminal offense so hiring an attorney is the safe bet, but to answer your question here is an article I wrote on common ways to beat or reduce a reckless driving by speed ticket in Virginia.

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  • I got pulled over for a traffic violation for the darkness for my tint and the tint was legal and the stop turned to me arrested

    i reside in massachusetts and was taking a trip to charlotte nc with a friend whose the owner of the vehicle. along interstate 81 Virginia the town of winchester and observed a state trooper in his stationed area proceed to pull out and begin to ...

    Luke’s Answer

    This definitely sounds suspicious. To answer your question you need to know about when and how the police can search you. Here is an article I wrote on some common illegal searches - I think it will answer your question. Check it out and call a criminal defense attorney to find out more information.

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  • How much time can u get for a capias revocation

    i had a dui in 2011 and i got one in 2014 and now thay got me on a capias revocation

    Luke’s Answer

    If your capias is for revocation of your probation then the max sentence you can receive is equal to the total amount of suspended jail time you got on your original charge. One way to find out your suspended sentence is to look it up online through the Virginia Supreme Court Website. Find your case online and at the bottom it will say how much suspended jail time you received. That tells you how much jail time you may receive if you receive a capias for violating that probation.

    Here is a video that explains how to look up your old case online:

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  • Should I go to court?

    I was charged with going 48mph in a 35mph. I was pulled over and charged with a F.46.2-878 in Henrico county Va. My issue is that the residential zone was not marked on any speed limit signs on the street I was traveling on. Does it have to be mar...

    Luke’s Answer

    Va. Code 46.2-878 is the standard speeding statute for any roads with speed limits that are less than 55 mph. This statute is NOT the statute that covers speeding in special residential zones.
    According to Va. Code 46.2-878 a speed limit sign must be "properly posted". The definition of what "properly posted" means is not set in stone but the speed limit must be posted.

    However, Va. Code 46.2-875 creates a default speed limit of 35 mph on all roads inside a city or town other than certain highways/freeways. So if there is no speed limit sign and you are on a road in a city or town that is not a divided highway than the speed limit is automatically 35 mph unless there are signs stating otherwise.

    However, if you were charged under 46.2-878.2 (speeding in a special residential zone) then the speed limit sign would also need to be "appropriately placed" and the sign would need to include the penalty for violation this law.

    If you need a speeding ticket lawyer in Northern Virginia, call us: Nichols & Green pllc (703) 383-9222 check out or website

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  • Trying to get an idea on what to tell my friend in the situation below...

    A friend has a misdemeanor warrant in Hampton Va for Non-Support Contempt of Court (he did not show up to his court case). However, in Alexandria, VA he had a court date in which he was sentenced to serve 3 days for driving on a suspended drivers ...

    Luke’s Answer

    • Selected as best answer

    Typically they will hold him for about a week until Hampton arranges to come get him but this can change depending on how busy they two jails are and whether Hampton is willing to pay for his incarceration in Alexandria.

    For more information about how jail time and "time served" is calculated check out this link.

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