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Felony (Larceny /Malicious wounding)

Virginia Criminal Law Involving Juveniles: Rape

Virginia Assault & Battery Law

Anabolic Steroids: Possession, Manufacture, and Distributon is Illegal in Virginia and Severely Punished

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DUI & Reckless Driving Defense

Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.

Aggressive and Reckless Driving Charges in Virginia Requires a Good Defense Because Conviction of One Will Show Up on Your Permanent Criminal record

Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License

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Virginia Divorce and Family Law Attorney

Virginia Teens Charged With Malicious Wounding Need Skilled Defense Lawyers

If your former husband or wife is not permitting you to have visitation with your children, you may want to contact me to help you understand your rights!

Mother Having Primary Physical Custody of Child Who Moves for Job Retains Status Over Father's Objection

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Marijuana, Cocaine Drug and Alcohol Charges

Underage Drinking Deaths: The Texas Approach

Warrantless Entry Into Fenced Backyard Can Result in Suppression of Evidence at Drug Possession Trial

Sentence Reductions for Crack Convictions

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Richmond Virginia Reckless Driving Attorney

Veteran's Day accident on Southbound I-95 near Richmond resulted in criminal charge being filed against a Georgia trucker for reckless driving.

Virginia Court Finds Implied Consent for Employee to Use Company Vehicle for Personal Use

Accident Fatality on I-95 Near Richmond Results in Reckless Driving Charge For Driver Who Fell Asleep

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Federal Criminal Courts

Reduction in Term of Imprisonment for Crack Cocaine Convictions Are in Effect

Feds Join Locals: 11 Arrested In DC, Virginia, Maryland

Federal Criminal Law Terminology: "Crime of Violence"

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General

MedPay Coverage is Critical for Your Protection if You Are Injured in an Auto Accident

Internet Financial Scams on The Rise

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Helpful Internet Resources

Felony (Larceny /Malicious wounding)

DUI & Reckless Driving Defense

  • Definitions of Terms Used in Virginia DUI Statute and Related Code Sections: Code section 18.2-268.1 provides definitions of terms used in sub-sections 2 - 12 of the statute. It is important to understand the terminology.
  • Driving After Consuming Alcohol by Underage Persons in Virginia: Code section 18.2-266.1 prohibits person under 21 years old from operating a motor vehicle after having consumed alcohol. This statute is separate from the primary DUI law.
  • Estimate Your BAC Before Going "On the Town" So You Can Drive Home Safely: Toronto criminal lawyer for impaired driving/drunk driving, Ron Jourard, suggests you use the calculator to determine your blood alcohol level at the time of the traffic stop.

    Mr. Jourard defends drinking driving charges in Toronto, Brampton, Newmarket, Oshawa, and beyond.

    The calculator is provided courtesy of Toronto criminal lawyer Ron Jourard and forensic toxicologist Gerry Kupferschmidt.
  • Evidentiary Presumptions From Blood or Breath Test Results: Code section 18.2-269 sets forth the presumptions the fact finder may draw from blood or breath test results.
  • Penalties for Driving While License is Suspended or Restricted After Conviction of DUI: Code section 18.2-272 provides the penalties for driving outside the terms or time frame of a resticted license, or driving after one's license has been revoked or suspended in connection with a DUI conviction or similar administrative suspension.
  • Penalties for DUI in VIrginia: Code section 18.2-270 sets forth the penalties one may face upon conviction of DUI in Virginia.
  • Penalties for Refusal to Take Breath or Blood Test in DUI Cases: Code section 18.2-263.3 describes the procedures and penalties used when a person suspected of DUI refuses to submit to a test of his breath or blood.
  • Terms of Probation and Education and Treatment of Persons Convicted of DUI in Virginia: Code section 18.2-271.1 describes what conditions the court must consider to impose on those convicted of DUI.
  • Virginia DMV Statistics on DUI Related Auto Accidents 1982-2007: Virginia's DMV published statistics purporting to show the number of alcohol-related auto accident crashes for each year from 1982 through 2007. This is a helpful source of information for drivers and DUI defense lawyers.
  • Virginia Statute on Preliminary Breath Test: Code section 18.2-267 provides that a preliminary breath test may be performed on a person suspected of DUI. This is referencing the hand-held device that many State Troopers and police officers carry with them. Although the driver can request the officer to give him the test, in most cases, the officer or trooper will ask the driver to take it at the scene prior to placing the driver under formal arrest. The driver has the right to refuse to take it. If the driver does take the test, the results cannot be used at his DUI trial, but can be used to establish probable cause for arrest on a charge of DUI.
  • Virginia Statute Specifying Evidence That May Be Used in DUI Trials: Code section 18.2-268.10 sets forth the types of evidence that may be used at a DUI trial, and how evidence may and may not be used.
  • Virginia's "Open Container" Law: Code section 18.2-323.1 prohibits a person operating a motor vehicle on the state's highways from consuming alcoholic beverages while doing so. If an "open container" of alcoholic beverage is within the passenger compartment, the statute describes circumstances under which rebuttable presumptions that the driver violated the statute may arise.
  • Virginia's DUI Statute: Code section 18.2-266 is Virginia's primary Driving Under the Influence (DUI) law. A separate statute applies to underage persons driving after having consumed alcohol.
  • Virginia's Implied Consent Law in DUI Cases: Code section 18.2-268.2 is Virginia's implied consent law. Basically, it requires anyone operating a vehicle on the state's highways to take a breath or blood test if they are suspected of or arrested for DUI. This is not to be confused with the preliminary breath test mentioned in section 267, which is optional. This test is most frequently administered at the police station using the Intoxilyzer 5000 breath testing machine. A refusal to take this test, if found to be unreasonsonable, will upon conviction result in suspension of one's driver's license for one year -- without possibility of getting a restricted license during that time.

Virginia Divorce and Family Law Attorney

Marijuana, Cocaine Drug and Alcohol Charges

  • Definition of Drug Paraphernalia: Code section 18.2-265.1 defines articles that are illegal to possess because they can be used to deliver controlled substances into the body.
  • Juveniles Driving After Illegally Consuming Alcohol: Virginia Code section 18.2-266.1 prohibits juveniles from driving after they have illegally consumed alcohol. The key word here is "illegally consumed," for there are circumstances wherein a person under 21 may legally consume alcohol.
  • Loss of Driving Privileges for Alcohol, Firearm and Drug Offenses by Juveniles: Virginia Code section 16.1-278.9 describes how a youngster's driving privileges may be denied, suspended or curtailed if found guilty of certain alcohol, firearm or drug offenses, among others.
  • Penalties for Sale of Drug Paraphernalia: Code section 18.2-265.3 specifies the penalties a court may impose upon conviction of the saler of banned items described in the drug paraphernalia statutes.
  • Procedures for Juveniles Found Guilty of First Drug Offense: Code section 16.1-278.8:01 provides that whenever any juvenile who has not previously been found delinquent of any offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic drugs, or has not previously had a proceeding against him for a violation of such an offense dismissed as provided in § 18.2-251, is found delinquent of any offense concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances and like substances, the juvenile court or the circuit court shall require such juvenile to undergo a substance abuse screening and to submit to periodic substance abuse testing, to include alcohol testing.
  • Punishment of Juveniles Found Delinquent of First Marijuana Possession Offense: Virginia Code section 16.1-278.8:01 describes what the court may do to a youngster found guilty of posession of marijuana or other drugs as a first offender.

Richmond Virginia Reckless Driving Attorney

Hanover County Code of Ordinances

  • Hanover County Code: This link will take you to the Hanover County (Virginia) Code of Ordinances, which you may search for specific information.

Child Custody Links

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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
Fax: (804) 726-4779
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FAQs

Felony (Larceny /Malicious wounding)

Do Virginia teenagers have rights under Miranda, and if so, how do they apply?

If the police have illegally searched me, my home, or my car, and found evidence that could be used to convict me, do I have any means to fight it?

DUI & Reckless Driving Defense

May police operating sobriety checkpoint stop every car?

Virginia Divorce and Family Law Attorney

My husband and I are going through a divorce. In return for my giving up my half interest in our stocks -- currently valued at $100,000 -- he proposes carrying a term life insurance policy until he reaches age 65 with me as the beneficiary under which I will receive $500,000 if he dies before age 65. I think its worth the gamble because he's an idiot and will do something stupid to die young, but is it legal?. I don't want to do this if the court will not enforce it.

My child support payments are set by a court order. It was effective almost two years ago. However, due to the slowdown in the economy, my hours at work have been cut back and the reduction in my income has made it difficult for me to pay child support and my other expenses. My ex-wife knows about this but insists that I continue to pay the court-ordered amount of  child support or she will have me held in contempt. Is there anything I can do?

Marijuana, Cocaine Drug and Alcohol Charges

Is it illegal to search an unoccupied car for drugs in Virginia?


My brother was a passenger in a car stopped by police. The police searched my brother and the driver and found nothing incriminating, when they searched the car they found marijuana. Both of them were charged with possession of marijuana. My brother told the officer of marijuana was not his before the officer arrested him. Is my brother likely to be convicted of possession of marijuana?


Richmond Virginia Reckless Driving Attorney

I was test-driving a BMW in Richmond. Soon after leaving the dealer's lot another driver ran a stop sign and T-boned the BMW. I was hurt pretty bad. My hospital bills are already over $100,000, and I will likely miss 6 months of work. My lawyer said the other driver had minimum liabilty limits of $25,000 on his insurance policy, but that won't be enough to even cover my medical costs. Am I stuck?

My teenage daughter was injured in an auto accident recently and was not at fault. The accident occurred in Richmond on I-95/I-64. The other car was driven by the owner's nephew, and because the nephew lived with the owner and was not listed as a potential driver of the car when the application for insurance was made, the insurance company is denying coverage. Can the insurance company do this even when the owner of the other car paid the insurance premiums on time?

DUI/DWI

If a police officer stops me and asks if I've been drinking, what should I tell him?

Do I have the right to speak to an attorney if I'm stopped for DUI?

General

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