Yes. Your insurance company will receive notice of the conviction and points assessed and will most likely raise your premium/rates accordingly.
Yes. The Virginia Department of Motor Vehicles assesses points depending on the type of violation.
Yes. Holders of commercial driver’s licenses should always contact an attorney before pleading to any traffic infraction to find out more about the potential penalties.
It depends on the type of proceeding. In an uncontested divorce, the evidence will be limited and may only take 10 minutes to present to the judge. In more complex contested divorce, the court will hold two separate hearings: one for custody and visitation, and one for equitable distribution. The hearings will follow the Virginia Supreme Court Rules of Procedure. Each side has an opportunity to present evidence, testify, cross-examine, and argue their case.
A DUI/DWI, or Reckless Driving citation will often result in a license suspension.
Many grantors act as their own trustee during their life to cut down on expenses. A successor trustee should be someone financially responsible who is not biased in their ability to manage and distribute funds.
Probate is the process of admitting the will to the court and administering it.
Estate planning is planning for the future of your assets, debts, and any intended beneficiaries. The particular documents or methods used will vary depending on your goals. Estate plans may include wills, trusts, powers of attorney, and healthcare directives which work together to ensure your end-of-life care needs are met and your beneficiaries are taken care of. Without any estate plan in place, Virginia law will apply and dispose of your estate according to the applicable statute.
A trust creates ownership over certain property by a trustee, who manages and distributes the property according to the guidance and structure of the trust. Property is managed and invested by the trustee for the benefit of whatever beneficiaries are designated by the trust.
A power of attorney gives another person authority to stand in your shoes and act on your behalf in certain situations. A power of attorney can be limited or broad, and may only take effect on incapacity of the grantor.
If you plead not guilty, the court will set the matter for trial. Many jurisdictions have bench trials on the spot if you plead not guilty.
An uncontested or no-fault divorce can be obtained based on six months or one year of separation, depending on whether the parties have minor children. Fault-based divorces can be obtained based on cruelty, desertion, adultery, or felony conviction.
You should always consult with an attorney so you know your options for your traffic ticket case. Many citations seem minor but can carry serious fines, penalties, and points that will impact your driving record and insurance rates.
A trustee has a fiduciary duty to manage trust assets in a responsible manner.
An executor is responsible for carrying out the directives of a will. That includes accounting for assets and debts and making distributions to beneficiaries.
The federal estate tax doesn’t take effect until the amount passed reaches $5.43 million.
Custody can be determined by agreement, or the court will use the best interests of the child standard in setting any custody and visitation order. Factors such as the physical and mental health of both parents and ability to meet the child’s needs will be considered by the court.
A living trust may be appropriate depending on the type of assets the grantor has, or it may be necessary for the type of beneficiaries involved. For example, if someone has a child with special needs, they should almost certainly set up a living trust for the benefit of that child.
Again, it will vary according to the type of assets and beneficiaries involved. If the beneficiaries are very young, a trust may be appropriate.
You do not need your spouse’s cooperation or even participation to obtain a divorce. If you and your spouse last cohabited in another state, however, you may not be able to resolve issues such as equitable distribution or support in Virginia.
You should consult with an attorney to determine what your likelihood of success is at trial. The attorney may advise you to represent yourself, or may recommend another course of action. A conviction for DUI/DWI carries serious penalties and you should know your rights before taking any action in your case.
Yes. Even if you and your spouse have been separated for the required time period and you both consent to the divorce, the court takes time to review the file before finalizing any divorce. If you have not yet been separated for the required time period (6 months or 1 year), you will have to wait the full separation period before filing for divorce.
Yes. You must live in Virginia for 6 months and intend to remain indefinitely before you can file for divorce in Virginia.
No. In Virginia, a handwritten or “holographic” will is considered valid. An individual may also prepare their own will as long as they meet all the requisite formalities.
You can always request to speak to an attorney before submitting to any testing.
A police officer may ask you questions without advising of you of your rights. You are only entitled to be read your rights after an arrest. Before an arrest occurs, the officer can ask questions to determine whether probable cause exists that any crime has occurred.
You can take the driver improvement program through the Virginia DMV. You can find more information on their website https://www.dmv.state.va.us/drivers/#points.asp.
Most likely you will face an administrative suspension of your license and you may still be arrested. However, the officer will not have clear evidence of intoxication and your chances at trial are much better.
You do not have to submit to any field sobriety tests. The police use field tests to collect evidence and establish probable cause for arrest. The tests are considered “voluntary” by the Virginia Supreme Court.
You do not have to consent to field tests or other tests. There are certain administrative penalties for refusing to submit to breathalyzer testing.
Yes. The Supreme Court has held that DUI/DWI checkpoints are legal so long as they are properly announced in advance and drivers are only stopped briefly.
You should contact the clerk’s office in the county where you received the ticket. They can look up the charges and court date with your information. You can also check the court’s website at www.courts.state.va.us to search case information.
Any marital property is subject to division by equitable distribution. Property can be considered martial, separate, or part-marital part-separate. Read more here.
Any level of intoxication that impacts a person’s ability to operate a motor vehicle can result in a conviction for DUI or DWI. Blood alcohol levels above certain limits carry certain mandatory penalties.
In order to get your license reinstated, you must pay all outstanding fines and costs and comply with any other restrictions imposed by the court.
After a case is filed and served, the other side has 21 days in which to respond. Each court has its own procedures for scheduling a trial date.
It’s always beneficial to at least seek the advice of an attorney before proceeding in any divorce case. An attorney can give you a more thorough analysis of the issues in your case and an estimate of the fees involved. Many people file for divorce on their own only to later hire an attorney and find out their options are limited based on their initial pleadings in the case.
The police will gather evidence including their own observations of the driver’s conduct and demeanor, and generally perform field sobriety tests to further determine the driver’s level of intoxication.
Fine amounts vary according to the type of ticket. Generally, each statue has a range in which the court may set the fine.
Yes. Uncontested divorces can be granted based on affidavits of the plaintiff and a corroborating witness.
An interested party includes anyone who may be a beneficiary of an estate by operation of law and they may contest the administration or distribution under a will or trust.