Author Archives: Jay Butchko
Is Street Racing Legal in Virginia?
No, and quite frankly, we can’t believe you asked that question. We do understand, however, that those Fast and Furious movies and their ilk make street racing look glamorous and safe. But the reality is that street racing is unglamorous, at least for residents who must hear revving engines and motorists who must dodge… Read More »
Unpacking Weapons Possession Laws and Regulations in Virginia
Virginia’s gun possession laws are continually in transition. Virginia, like many other southern states, has historically supported the right to bear arms under the U.S. Constitution’s Second Amendment. But recently, as gun violence continues to be a serious problem in Virginia, state lawmakers and bureaucrats have enacted various laws and regulations limiting firearm use,… Read More »
Attacking the Field Sobriety Tests in a DUI Case
The process of undermining the field sobriety tests in a DUI case often begins before police officers administer the three approved tests. Officers often begin with unapproved tests, such as the head-back, eyes-closed balance test or the reciting-the-ABCs test. Usually, officers force defendants to perform these tests so the subjects are fatigued, mentally and… Read More »
How Do Lawyers Beat Drug Possession Charges in Virginia?
Drug possession charges are on the front line of the War on Drugs, which began in the 1970s and escalated in the 1980s. Simple possession accounts for more than 85 percent of the drug cases in Loudon County. Police officers and prosecutors aggressively enforce drug possession laws. However, since these cases have so many… Read More »
What’s the Difference Between a First and Second DUI?
At first blush, there’s little difference between a first and second DUI. Both offenses are misdemeanors, although the second DUI is a more serious crime. But a closer look reveals many differences between a first and second DUI. Virginia law includes several mandatory minimums in second DUI cases. More on that below. Additionally, courts… Read More »
Agencies Merge to Make Arrests
Few details were available about a multi-agency investigation in Virginia which led to multiple grand jury indictments on various sex crime charges. The charges are under the Virginia Racketeer Influenced and Criminal Organization Act. The drug dealing, prostitution, and human trafficking indictments were handed down on August 30, 2025, following a joint investigation by… Read More »
How Do I Get Out of Reckless Driving in Virginia?
Getting out of a reckless driving charge in Virginia is difficult, but not impossible. Virginia treats reckless driving as a criminal offense, not just a traffic infraction. It carries serious penalties such as jail time, fines up to $2,500, and drivers’ license suspension. Furthermore, a conviction leaves a permanent mark on a criminal record…. Read More »
I Was Arrested for Gun Possession. What Happens Next?
If you were arrested for illegal gun possession in Virginia, you’re definitely not alone. Virginia has some of the strictest gun control laws in the country. Virginia, like most other states, breaks the Second Amendment down into two components. For the most part, citizens have a broad right to keep (own) firearms. But they… Read More »
Seven Key DUI Checkpoint Requirements
After considerable back and forth, the Supreme Court finally legalized DUI checkpoints in 1991’s Michigan vs. Sitz. Roadblocks that meet all legal requirements, including the ones listed below, allow officers to circumvent the Fourth Amendment and detain motorists who have done nothing wrong. Expensive DUI checkpoints are especially common on New Years Eve and… Read More »
Everyday Drug Traffickers in Virginia
When most people think of drug smugglers, they think of nefarious gangs who smuggle contraband purely for profit, without giving a thought about the people who use the product. Sometimes, that’s true. Other times, drug trafficking is not malicious, not profitable, and not intentional, at least in some sense of the word. However, this… Read More »
