Skip to main content
Luke Joseph Nichols

Luke Nichols’s Answers

140 total


  • Do I have to worry about jail time for failure to obey to stop by traffic officer?

    I was coming up on a school zone, did not see officer had stopped traffic, saw car to right who was stopped but wasn't sure why kept driving then saw officer wave arm and then saw bus coming out of parking lot and came to a stop but because did no...

    Luke’s Answer

    Only if you are found guilty of a criminal offense. Definitely talk to an attorney, these cases are won at a much higher rate than many other types of traffic offenses.

    See question 
  • I was charged with two tickets, One failure to register vehicle, and other Driving while suspended, I ride a 49cc Moped, so ,

    In the commonwealth of virginia, if a 49cc vehicle exceeds 35mph, it must be registered as a motorcycle, I was clocked going 42 and I do have my Learners Permit suspended, and here's the question, The charge is saying I must get my moped registere...

    Luke’s Answer

    A moped is only a motorcycle when its being ridden over 35mph, not because it can be driven over 35.

    FYI- Driving without a valid license Va. Code 46.2-300 is a Class 2 misdemeanor (max penalty of up to 6 months). Driving on a suspended license is Va. Code 46.2-301 is a class 1 misdemeanor (punishable by up to 12 months in jail). Driving without your motorcycle endorsement Va. Code 46.2-328 is a class 1 misdemeanor (punishable by up to 12 months in jail).

    See question 
  • Is it ok for a 12 yr old to date a 16 yr old if they don't do anything wrong?

    Is it ok if they don't do any 'bad' stuff?

    Luke’s Answer

    There are many reasons for a 16 years old to not date a 12 years old but here are some of the legal dangers.

    If the 16 year old has any sexual relations or if they engage in any activity that is sexual in nature including petting or exposing their private parts there could be criminal charges. Taking indecent photographs is also another common serious felony charge.

    Remember, even if the 16 years old doesn't do any of those things, if the 12 years old gets accuses the 16 year old or the parents of the 12 year old make those accusations it could cost tens of thousands of dollars to defend the 16 year old in court.

    See question 
  • If I live in Va and wish to move to south carolina but in va my liscence is suspended will it affect me obtaining one in SC?

    I owe court costs

    Luke’s Answer

    Most states will not give a license to someone who is suspended in their old state. You probably need to take care of your Va suspension before you can get a SC license. Got to the Va DMV or go online to the Va DMV and order a copy of your "Compliance Summary". Your compliance Summary will tell you how to get your Va License back. Even if you think you already know, this is a very good idea. There are often surprises.

    Luke J Nichols
    Nichols & Green pllc

    See question 
  • I got Speeding ticket for (105/55) Law section was 46.2.862 (Reckless driving case).

    I wasn't really meant to do that but in a hurry i wasn't checking the speedo meter. i came to know that this case comes under criminal case and sentence for 3 months of jail. i believe that my life is totally ruined. can any one help me to get out...

    Luke’s Answer

    Reckless driving at that speed is a very serious charge but there is a lot that can be done to protect you. I have dealt with hundreds of reckless driving by speed cases and when clients get legal counsel early and actively work with their attorney there is a lot that can be done to avoid some of the very serious consequences.

    Here are some things you should do:

    1) Get a copy of your DMV record from every state you've had a license from. Do NOT get a certified or notarized copy of the record, just get a plain old copy from the DMV.

    2) Get your car's speedometer calibrated. Many cars speedometers are off and this can be used as mitigating evidence. If you speedometer is accurate, it can be used to support your testimony if you take the stand a tell a judge that you do not believe you were going that fast. Contact our office and we can email you a list of places that do speedometer calibrations.

    3) Write down a two paragraph bio about yourself and a short write up of the details of the events, particularly what questions the officer asked you and what you exact response was. Writing things down makes communicating with your attorney easier and more accurate and helps preserve your memories of the events.

    4) IMMEDIATELY contact a local reckless driving attorney for a consultation. Most attorneys, including our Nichols & Green pllc, do not charge for consultations. This is a serious case, you want to make sure your attorney has as much time as possible to prepare and there may be some other things that your attorney may want you to do to prepare. If you procrastinate, you may hurt yourself.

    Your attorney can discuss all the different driving improvement programs and whether taking one makes sense for your case. Your attorney my need to get police video, or do FOIA document requests. All of these things take time and if you put off hiring an attorney you may lose your opportunity to do these things.

    If you would like to talk about your case, feel free to call or come in. We can answer all your questions over the phone or in person.

    Luke J. Nichols
    Law Firm of Nichols & Green pllc
    (703) 383-9222
    lnichols@nicholsgreen.com

    See question 
  • Civil fines.

    I was caught shoplifting, no cops called, no charges pressed against me. If i get a civil fine in the mail and i pay it in full without getting an attorney, will they drop everything?

    Luke’s Answer

    In Virginia, the cops do not need to be called for the store to prosecute you. If they decide to press charges the loss prevention office will take your information to a local magistrate and file a citizen complain against you and a warrant for your arrest may be issued.

    Whether of not to comply with the civil penalties is a strategic decision that should be made very carefully. I would strongly suggest consulting with an attorney in Virginia will offer free consultations. I would do so very soon because failure to act quickly will be treated as a refusal by the store.

    Luke J. Nichols
    Nichols & Green pllc

    See question 
  • I am on pretrial for a dui, I received a charge for shoplifting at a grocery store for food, under 200. am i goin bac to jail?

    they did not take me to jail right then they gave me a summons for court. should i tell my pretriaofficer?l

    Luke’s Answer

    You need to talk to your pretrial release officer. Failure to disclose an arrest can be grounds for going to jail even if the shoplifting is not. If they put out a warrant for your arrest, have an attorney retained and a bail bonds man to go with you to turn yourself in. You are more likely to get bond if you do that.

    Luke J Nichols

    See question 
  • Issused a warrant for arrest for my Daughter because she took her car, titled in our names, without permission

    I found her and called the officer and he said I still had to bring her to police department as I could not cancel the warrant. She was arrested for section 18.2-102/46.2-390. How do we cancel this warrant.....we had no idea this is a felony. W...

    Luke’s Answer

    Often, people in your position are tempted to tell the cops or the prosecution that their daughter DID have permission in order to have the charge go away. If you change your story, you may expose yourself to being prosecuted for filing a false police report. I have seen this happen to victims who change their story to avoid hurting someone they love.

    Luke Nichols
    (703) 383-9222

    See question 
  • What is the jail time for some one who has texted a 15 year old and did not meet or do anything that she says.

    She said she was a 30 year old guy and some things were said and then she told me the real age and if i didnt go thru with it she would use that other stuff agasinst me to put me in jail .

    Luke’s Answer

    Oh be careful putting this stuff on the internet. You would be surprised how often it comes back to haunt people.

    To answer your question I would need to know exactly what happened. I would read the following code sections:
    § 18.2-370. Taking indecent liberties with children; penalties
    § 18.2-374.3. Use of communications systems to facilitate certain offenses involving children
    § 18.2-374.1. Production, publication, sale, financing, etc., of child pornography; presumption as to age; severability

    These crime are some of the more common ones that involve adults texting dirty stuff to kids. However, beaware that federal laws may have been broken as well, especially if the minor was ever in a different state or if the cell phone was for an out-of-state number.

    All of these crimes are felonies and would involve serious penalties.

    Luke J. Nichols
    The Law Firm of Nichols Green pllc
    (703) 383-9222
    lnichols@nichoslgreen.com

    See question 
  • Does a game warden have the right to threaten 3 teenagers for an adults statement?

    A game warden caught 3 teenagers with the ages of 16, 16, and 17 fishing without a license. Then got the dad involved by having him called to bring the 17 year olds identification. Then dad asked one question "your kidding me? your really gonna gi...

    Luke’s Answer

    There is no law against what the warden did. On the back of all Virginia Uniform Summons is a number to call to report unprofessional behavior. However, I don't think what you described is particularly unprofessional, especially since the warden was cutting the kids a break and not charging them with criminal offenses like he could have. I would let this one go.

    Luke J. Nichols

    See question