Harrisonburg Virginia Legal Blog

Virginia's reckless driving statute is broad by design

On behalf of Big Valley Law Martin & Hahn, PLLC posted in reckless driving on Friday, December 14, 2018.

In the Commonwealth of Virginia it is illegal to drive recklessly. However, what it actually means to be reckless while behind the wheel of a car is not defined by one particular act. Under the Code of Virginia, different forms of conduct may constitute reckless driving and therefore the applicable statute may be read to apply to individuals who exhibited different driving behaviors.

Reckless driving may constitute being reckless while behind the wheel, and the term "reckless" may generally be defined as constituting an unreasonable risk to the safety of one's self or others. Under Virginia's reckless driving statute, speeding may also constitute recklessness if that speed is could endanger the life or property of others.

Is marijuana now legal in Virginia?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in drug crimes on Thursday, November 29, 2018.

Laws can change over time as new information emerges concerning the best ways to protect public health and safety. One topic that has received a lot of attention in the national legal spotlight is marijuana and whether it should be considered an illegal substance. While some states have decriminalized the recreational use of marijuana, Virginia does not fall into that group.

In Virginia it is illegal to possess, manufacture, and sell marijuana. Individuals who are caught with marijuana on their persons or in their possession can face serious penalties. A conviction on a marijuana drug charge can have lasting effects on a person's future and can impact their options for seeking employment in the future.

Important considerations during the evaluation of spousal support

On behalf of Big Valley Law Martin & Hahn, PLLC posted in divorce on Friday, November 16, 2018.

A divorce can involve many complex negotiations. While it is true that a divorce is used to end a Virginia marriage, there are a number of other family law processes that may be started when a person or couple files their pleadings to end their marriage. From child custody and support to the division of the parties' property, divorces are the beginning of many important family law discussions for couples that want to end their relationships.

One topic that can be very important to divorcing parties is spousal support. Spousal support is the money that a person may be required to pay to their ex after their divorce has been finalized. Not all divorces will involve negotiations over spousal support as not all marriages are between individuals of different incomes and earning capacities.

What is visitation?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in child custody on Thursday, November 1, 2018.

After a divorce, a set of Virginia parents will have to learn to live in a new scheme where their children will share time between them.

When parents elect to live apart, it becomes difficult for their children to spend as much time with each parent as they did before their separation or divorce since the parents may not want to be in each other's direct company. Because of this, these families often need child custody and visitation plans to maintain the relationships that exist between parents and kids.

Is your decision to divorce a good choice?

On behalf of Big Valley Law Martin & Hahn, PLLC on Friday, October 26, 2018.

Feelings of unhappiness can spur anyone into wanting to make significant life changes. In your case, you may feel that your marital relationship is no longer happy and healthy, and because of that feeling, you have decided to gain more information on divorce.

Having the right legal information during this time can prove immensely useful, but it is also important that you focus on personal aspects as well. Jumping into this decision without feeling sure it is the right choice could cause complications later.

What DUI defense may best suit your case?

On behalf of Big Valley Law Martin & Hahn, PLLC on Tuesday, October 23, 2018.

Typically, a number of ways exist to handle any given situation. When facing criminal charges, you may benefit from reviewing your defense options to determine what may best fit your circumstances and yield the best outcome possible.

In particular, there are many ways to handle a charge for DUI. You may have a solid defense due to a particular detail of your case, or you may need more time to construct a defense.

What are the elements of a drug possession charge?

On behalf of Big Valley Law Martin & Hahn, PLLC posted in drug crimes on Friday, October 19, 2018.

Drug possession charges can have serious and even life-long repercussions on the futures of those who are forced to face them. When Virginia residents are convicted of these crimes they may lose many of the privileges that men and women in free society enjoy as they are incarcerated for their alleged crimes. This post will discuss what drug possession actually is and what defenses individuals may be able to assert to avoid conviction.

A drug possession charge generally will involve to elements that prosecutors must prove to prevail at trial. First, a person must actually know that the substance they have in their possession is illegal. For example, if a person is given a bag of a substance and is told that it is a safe or legal item, then the possessor may not have the requisite knowledge needed to secure a conviction.

The problems with field sobriety tests as evidence of DUI

On behalf of Big Valley Law Martin & Hahn, PLLC posted in dui on Thursday, October 4, 2018.

Law enforcement officials throughout the nation are prohibited from making arbitrary arrests and subjecting individuals to searches and interrogations that are unfounded and without cause. In order to make an arrest for an alleged crime like DUI, they must collect evidence of their suspect's purported wrongdoing so that there are sufficient grounds on which to allege they have broken the law. In Virginia and other jurisdictions law enforcement officials use field sobriety tests and a means of getting evidence of drivers' suspected intoxication.

Field sobriety tests happen in real time during traffic stops. Drivers are asked to get out of their vehicles and are asked to perform several standardized physical tests. Based on their performances on these tests the drivers may be determined to be intoxicated and may then be arrested for alleged DUI.

A review of reckless driving in Virginia

On behalf of Big Valley Law Martin & Hahn, PLLC posted in reckless driving on Thursday, September 20, 2018.

Certain driving actions are considered reckless by the laws of the Commonwealth of Virginia. When an individual drives in such a way that the state believes that they knew or should have known about the harm they could cause then they may face a reckless driving infraction. This post will discuss some of the specific grounds on which a reckless driving charge may be based.

In Virginia, a person can be charged with reckless driving if they operate their vehicle 20 miles per hour or more over the speed limit. This means that if a driver is stopped for allegedly driving 85 miles per hour in a 65 mile per hour interstate zone, they could be charged with reckless driving.

Should you stay unhappily married for the sake of your kids?

On behalf of Big Valley Law Martin & Hahn, PLLC on Monday, September 10, 2018.

Having children can often make many people feel that their lives are more fulfilled. These children are often born into families with married parents, and they become a loving unit. Of course, as you know, not every unit remains as loving, and you may find yourself considering divorce.

Though you may no longer find your relationship happy and could even consider it unhealthy, you wonder whether divorce is the right answer due to how it could affect your kids. Certainly, divorce can have major impacts on children, but staying together just for the kids may not be as beneficial as you would hope.