Luke Joseph Nichols’s Answers

In Virginia the vehicle must either be on OR the key in the ignition and either the electrical or mechanical systems engaged. There is a lot of case law on this subject and it is a very technical issue that not all lawyers, cops, or judges understand perfectly. Recently the Virginia Supreme Court has updated the law in this regards and if the officer can prove the the electrical system (i.e. the car stereo) is on and there is no proof of where the keys were you could potentially be "...

You need to post this question for a Maryland attorney because Maryland law will determine whether your prior can be used. I would point out that MD cannot suspend your Va license for a DUI conviction in MD; however, soon after conviction, Va DMV will be alerted to the conviction and if you are convicted of DUI, Va DMV will administratively suspend your license for one year. Sometimes this does not happen because of bureaucratic mistakes but it should be expected.

It is required that you be notified of your suspension before you can be convicted. The prosecution will attempt to prove this through admissions of guilt to the police officer, by official notifications sent by mail from the DMV to the address on your license, and by documents signed by the defendant at court. In your case, official notifications sound like the most likely possibility. Get a copy of your DMV record and look for the suspension paragraph and look for notification. I...

You are more likely to make bail quickly and with a lower bond if you: 1) turn yourself in. 2) Turn yourself in with an attorney's assistance. 3) If you have a bail bonds men standing by. Depending on the reasons for the arrest warrant and whether you are on probation you may or may not get urine testing if you turn yourself in. Whether to wait, how long to wait, ect depends on a lot of information not provided. Luke J Nichols Spectrum Legal Defense lnichols@spectrum-legal.com (...

Virginia will not issue a Va license if you are suspended out of state. However, I am not sure what you can do about the NC issues. Your question was posted under "Virginia" re-post it under NC and see if a NC attorney can help you.

There are several issues with your case. I do many dwi here in Virginia and would be happy to talk to you about your case. Contact me and I'll answer any questions you have. Luke J Nichols Spectrum Legal Defense (703) 383-9222 Lnichols@spectrum-legal.com Http://spectrum-legal.com

If your original sentence came with suspended jail time that is conditional on good behavior for 12months (a likely scenario in your case), and you are convicted of a criminal offense during the 12 months then there is a risk of going to jail on a probabtion violation. Based on what you wrote, jail time sounds likely though it's not certain. I would immediately consult a local attorney who is familiar with the court where you got your marijuana charge. If you want to know whether you were given...

In Virginia, there are two types of probation: 1) Active probation - where you have a probation officer. and 2) Inactive probation - where the court simply runs a background check at the end of your probation to see if you broke the law while on probation. If you are on active probation you should contact your probation officer and ask them what will happen. If you are on inactive probation you should contact your old DUI attorney or another attorney who is familiar with the judge who...

It is sometimes possible to avoid the full force of a DUI license suspension by moving out of state and changing your license but there are a few things to remember. 1) Your new states law will govern whether you can get a license so you have to talk to an attorney from NC as well as Va. 2) You usually cannot get a license in a new state if your old license is suspended. In Va your license is administratively suspended for 60 day if you are arrested for DUI 2nd for having a BAC of .08 or...

If a Defendant does not have an attorney their odds of being found not-guilty will go down dramatically. If a person in Va is found guilty of underage possession for the first time and has no other criminal background they will likely be fined and/or placed in a program and their license will likely be suspended for 6 months. From the limited information you have given, it sounds like you may have a legitimate defense. I would hire an attorney immediately and discuss (among other things)...