Author Archives: Jay Butchko
Collision Involving School Bus, Minor Driver Teaches Lessons in Safe Driving
A recent Virginia bus collision that sent 28 children to the hospital is still being investigated. None of the injuries are life-threatening, but five are described as serious. The cause of the crash is unclear at the moment, but it appears that a 17-year-old driver of a van was leaving Caroline High School and… Read More »
Reckless Driving, Aggressive Driving, and Improper Driving
In Virginia, there three general categories of violations commonly associated with what in other jurisdictions is known simply as reckless driving. These general categories each carry different penalties, and within the categories provided the penalties can be increased or decreased depending on the attendant circumstances. Reckless Driving Unlike many other states, reckless driving is… Read More »
Fighting a DUI in Virginia
If you have been arrested on suspicion of DUI in Virginia, you may have rights and defenses you are unaware of. Below we discuss two common defenses to DUI charges. This is not an exhaustive list, and the facts of your case may be better suited for other defense strategies. Nevertheless these defenses are… Read More »
Know Your Rights
If you are ever arrested, it is important to know what you can and cannot do, as well as who you can see and what an officer may ask of you. Your rights are important and invoking them could be the difference between a conviction and you being found not guilty of a crime…. Read More »
251 Disposition
Many times we make mistakes; however, these mistakes can be costly, depending on the circumstances. Certain mistakes can lead to criminal charges, fines, jail time, and a wide variety of other consequences that can cost you your freedoms and can impact the rest of your life. However, the Virginia legislature understands that sometimes these… Read More »
Texting While Driving in Virginia
In today’s world many of us are constantly connected to our cell phones, replying to emails, texting people, and using a variety of applications. Even while driving we may use our phone for GPS, for playing music, or for other purposes. It is important to be aware of your phone use, especially on the… Read More »
The Pretrial Process
A trial can certainly cause a lot of financial strain and mental and emotional anguish. Thankfully there are other avenues other than trial and motions that may make a trial unnecessary. Before an accused goes to trial there are several ways to preempt the trial altogether. These can often save time and money for… Read More »
October 1st Fraud Liability-Shift Deadline Approaches for Churches, Nonprofits, and Businesses Who Accept “Swipe-and-Sign” Credit Card Payments
Have you received a new credit card in the mail recently? Does it have a special embedded chip in it? This new chip technology is known as EMV (named for its developers: EuroPay, MasterCard, and Visa; also known as “chip-and-PIN”), and it represents a big step forward in putting a stop to credit card… Read More »
Police Entry Into Your Home
Under what circumstances can an officer enter your home? Since the inception of our democracy courts have tried to balance the desire of citizens for privacy in their lives and their property, and the job of police to investigate, to stop crime, and to protect the citizens. The courts have determined that your home… Read More »
The Plain View Doctrine
When an officer enters a home or is conducting a traffic stop and encounters evidence of illegal activity they may seize any contraband or evidence of a crime if it is within the plain view of the officer. This is known as the plain view doctrine. If an officer was present lawfully that contraband… Read More »
