Author Archives: Jay Butchko
Non-Intoxication DUI Defenses
Driving Under the Influence (DUI) charges typically allege that a driver operated a vehicle while impaired by alcohol or drugs. However, not all DUI cases center on intoxication. In some instances, drivers are charged with DUI even when no alcohol or controlled substances are involved. These cases call for non-intoxication DUI defenses, which challenge… Read More »
Three Quick Defenses to Ordinary Assault
Virginia law doesn’t define assault. So, to determine if a defendant is guilty, courts use the common-law definition of assault. Courts define assault as an attempt or offer, with force and violence, to do some bodily hurt to another. Battery is a willful or unlawful touching. That definition describes ABC (assault by contact) in… Read More »
Should I Accept a Plea Bargain in a Drug Case?
Almost all drug crime defendants face this question. Plea bargains resolve over 90 percent of the criminal cases in Virginia. Plea bargains benefit everyone. For prosecutors, plea bargains clear their dockets faster. For judges, plea bargains conserve judicial resources. For defendants, plea bargains avoid the uncertainty of a trial. However, just because prosecutors offer… Read More »
What Happens if You Get a Speeding Ticket in Virginia?
Getting a speeding ticket in Virginia has serious legal and financial consequences, as the state has some of the strictest traffic laws in the country. What happens next depends on how fast you were driving, your driving record, and whether you choose to pay the fine or contest the ticket in court. A speeding… Read More »
Study Praises Operation Ceasefire Virginia
Ceasefire Virginia, a program designed to reduce violent crime, exceeds expectations in its approach to public safety, according to an October 2025 report. A Virginia Commonwealth University Center for Public Policy (CPP) preliminary report concludes that Ceasefire Virginia, an initiative to reduce violent crime and foster secure communities throughout Virginia, surpassed all four of… Read More »
Top Five DUI Enhancements in Virginia
Ordinary DUI is one of the worst misdemeanors in Virginia, from the standpoint of direct and collateral consequences. The average cost of a basic first-time DUI is over $10,000. Higher auto insurance rates make up much of that cost. Enhanced DUI, even first-time DUI, is much worse. Usually, prosecutors add enhancements whenever possible. Most… Read More »
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 »
