Luke Joseph Nichols’s Answers

Luke Joseph Nichols

Fairfax Speeding / Traffic Ticket Lawyer.

Contributor Level 12
  1. Issused a warrant for arrest for my Daughter because she took her car, titled in our names, without permission

    Answered over 2 years ago.

    1. Luke Joseph Nichols
    2. Erin L. T. Ranney
    2 lawyer answers

    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

    1 lawyer agreed with this answer

  2. Does a game warden have the right to threaten 3 teenagers for an adults statement?

    Answered over 2 years ago.

    1. Susan Leslie Fraser
    2. Luke Joseph Nichols
    3. Daniel Gary Rosenthal
    3 lawyer answers

    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

    1 lawyer agreed with this answer

  3. Can I change VA driver license to Md license before I go to court for DWI?

    Answered over 2 years ago.

    1. Luke Joseph Nichols
    2. James C Forslund
    3. Donald John Ramsell
    3 lawyer answers

    !) You need to get an attorney IMMEDIATELY and ask this question to your attorney. These are serious charges and you are in deep water. 2) Contact the MD MVA to determine whether you qualify to have a MD driver's license. I know I have seen people switch prior to trial before but I do not know whether MD has any rules against it. 3) If you have a MD license and are convicted of DUI you will be banned from driving in Virginia but the Va courts will not take away your right to drive...

    1 lawyer agreed with this answer

  4. How do i ask the judge for a public deffender?

    Answered over 2 years ago.

    1. David Vyborny
    2. Luke Joseph Nichols
    3. Gilberto Benito Vega
    3 lawyer answers

    1) You only get a free attorney if the government is trying to put you in jail & you are very poor (just slightly above the federal poverty line or about $18K a year if you are single) 2) During your arraignment or your first court date, if you are facing jail, the judge will ask you if you can afford an attorney. If you say "No" then you will fill out a form to determine if you financially qualify. 3) If you qualify (are poor enough) then the judge will give you a public defender or a...

    1 lawyer agreed with this answer

  5. Pulled over wrongly, found drugs..need to request video..please help!

    Answered almost 3 years ago.

    1. Luke Joseph Nichols
    2. James S. Lawrence
    2 lawyer answers

    First, take pictures of your car's tail lights/brake light to prove the are in good working order. Read the statutes on tail lights, brake lights ect. to make sure the officer understood the law properly. The you need to find out whether the officer in question has functioning video or audio equipment in his cruiser. Many cruisers do not have them. You can do a FOIA request to the officer's substation or area to find out whether his cruiser has equipment. If the officer does has any...

    1 lawyer agreed with this answer

  6. What evidense does the va state police need to charge someone with prescription drug abuse?

    Answered almost 3 years ago.

    1. Stephen Patrick Pfeiffer
    2. Darwyn Levon Easley
    3. Luke Joseph Nichols
    3 lawyer answers

    There are a couple different drug crimes: 1) Possession of drugs without a valid prescription and 2) prescription fraud. Presumably they can prove that you are in possession of narcotics so the hard part will be proving your prescription is invalid. A prescription can be invalid even if it is from a real doctor if the doctor is abusing his position in handing out the prescriptions. In those cases the state has to prove that you should have know that the doctor's prescription is bogus. For...

    1 lawyer agreed with this answer

  7. My 18 year old son was pulled over and charged with possession of alcohol and is due to appear in court.

    Answered about 3 years ago.

    1. Luke Joseph Nichols
    2. Darwyn Levon Easley
    3. Susan Leslie Fraser
    3 lawyer answers

    It appears the the issue in your case is 1) Did the officer have justification to search the trunk? and 2) Does the driver of a car possess unknown items in the trunk when they do not own the car? The smell of marijuana is often used as justification to search a car with mixed success depending on the judge and the strength of the officers testimony. However, even if the office smelled marijuana in the car does that give him reason to believe there is anything illegal in the trunk?...

    1 lawyer agreed with this answer

  8. Shoplifted. Likely outcome? Representation suggestions? Plea? Pace of experience? Expectations?

    Answered about 3 years ago.

    1. Luke Joseph Nichols
    1 lawyer answer

    Talk to a local Criminal Defense attorney immediately. There are a few things to talk to them about: 1) If you are not a US citizen this could get you deported. Discuss your immigration status openly 2) Many jurisdiction have programs where you do community service or enter into a program and after successful completion the charges are dropped. Talk to your attorney about the availability of those program, the requirements to get in, and the affects they will have on your record. 3)...

    1 lawyer agreed with this answer

  9. How is it that virgina can charge you whith a dui when the keys are not even in the center consol

    Answered about 3 years ago.

    1. Luke Joseph Nichols
    2. Darwyn Levon Easley
    3. Craig S Orent
    4. John Leif Fossum
    4 lawyer 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 "...

    1 lawyer agreed with this answer

  10. I received a DUI in Maryland & live in Virginia. 8 years ago I had a DUI in VA, would this be considered a second offense

    Answered about 3 years ago.

    1. Luke Joseph Nichols
    2. Darwyn Levon Easley
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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