Will my ticket be reported to the Virginia Department of Motor Vehicles?
Yes.
Will my insurance company find out about my ticket and raise my insurance premium/rates?
Yes. Your insurance company will receive notice of the conviction and points assessed and will most likely raise your premium/rates accordingly.
Will I get “points” on my driver’s license?
Yes. The Virginia Department of Motor Vehicles assesses points depending on the type of violation.
Will conviction on a ticket affect my Commercial Driver’s License?
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.
What will happen in Court?
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.
What traffic infractions will cause my license to be suspended?
A DUI/DWI, or Reckless Driving citation will often result in a license suspension.
What should I look for in trustees?
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.
What is probate?
Probate is the process of admitting the will to the court and administering it.
What is estate planning?
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.
What is a trust?
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.
What is a power of attorney?
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.
What happens if I plead Not Guilty?
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.
What grounds do I need to get a divorce in Virginia?
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.
What can I do when I get a ticket? When do I need an attorney?
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.
What are the duties of trustees?
A trustee has a fiduciary duty to manage trust assets in a responsible manner.
What are the duties and obligations of an executor?
An executor is responsible for carrying out the directives of a will. That includes accounting for assets and debts and making distributions to beneficiaries.
What amount of assets can I pass at my death without incurring a federal estate tax?
The federal estate tax doesn’t take effect until the amount passed reaches $5.43 million.
What about the kids? How is custody and decision-making decided?
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.
Under what situations should I set up a personal living trust?
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.
Under what situations should I have a personal trust created upon my death?
Again, it will vary according to the type of assets and beneficiaries involved. If the beneficiaries are very young, a trust may be appropriate.
Must I have my spouse’s cooperation?
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.
I’ve been charged with drunk driving/driving under the influence/driving while intoxicated. Should I get a lawyer?
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.
Is there a waiting period before my divorce is final?
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.
Is there a residency requirement to get divorced in Virginia?
Yes. You must live in Virginia for 6 months and intend to remain indefinitely before you can file for divorce in Virginia.
Is it necessary for a lawyer to draft my will?
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.
If I’m stopped for driving under the influence, am I entitled to talk to an attorney before I decide whether to take a breath, blood, or urine test?
You can always request to speak to an attorney before submitting to any testing.
If I’m stopped for driving under the influence (DUI) or driving while intoxicated (DWI), can a police officer ask me questions without reading me my rights?
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.
If I have points on my license, is there a way to get them removed?
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.
If I decline to get out of my vehicle or take a breathalyzer best, what will happen?
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.
If asked by the police, must I get out of my vehicle and take a sobriety test?
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.
If asked by a policemen, do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
You do not have to consent to field tests or other tests. There are certain administrative penalties for refusing to submit to breathalyzer testing.
I was pulled over at a DUI/DWI roadblock and asked to wait and answer a police officer’s questions. Is this legal?
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.
I lost my ticket. What should I do?
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.
How will our property be divided?
Any marital property is subject to division by equitable distribution. Property can be considered martial, separate, or part-marital part-separate. Read more here.
How drunk or high does someone have to be before he can be convicted of driving under the influence (DUI) or driving while intoxicated (DWI)?
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.
How do I get my license reinstated?
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.
How do I get a Court Hearing?
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.
How do I decide if I need a lawyer?
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.
How can the police find out whether a driver is under the influence or intoxicated?
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.
How are fine amounts determined?
Fine amounts vary according to the type of ticket. Generally, each statue has a range in which the court may set the fine.
Can I be Divorced without a Court hearing?
Yes. Uncontested divorces can be granted based on affidavits of the plaintiff and a corroborating witness.
Can an interested party contest a will or trust?
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.
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