Author Archives: Jay Butchko
NY Authorities Arrest Wanted VA Man
In October 2024, Ithaca Police Department officers arrested a 32-year-old Virginia man in connection with a probation violation warrant. According to the Ithaca Police Department, after they received an anonymous tip, officers found the defendant at an apartment complex on the 100 block of East Green Street. Police say he was wanted by the… Read More »
**UPDATE** Increased Salary Threshold for Exempt Employees Blocked by Texas Court
By Robert Showers Esq. and Justin R. Coleman, Esq. On November 15, 2024, the United States District Court for the Eastern District of Texas overturned the US Department of Labor’s (DOL) rule to increase the salary threshold for exempt employees. As identified in our original article (https://www.simmsshowerslaw.com/salary-threshold-for-exempt-employees-to-increase/), the DOL increased the minimum annual salary… Read More »
What Are the Three Standard Field Sobriety Tests (FSTs)?
In the late 1970s, when DUI enforcement was sporadic at best, the National Highway Traffic Safety Administration developed a three-test battery to assess a suspect’s ability to multitask mentally and physically, and therefore safely drive a vehicle. Police officers arrest suspects, often whether or not they pass a chemical test, if they observe a… Read More »
Significant Uptick in Drug Arrests in 2023
Lawmakers’ attitudes about drugs may have changed, but law enforcement attitudes haven’t.. In fact, their anti-drug campaigns went up a notch in 2023. Categorically, the largest increase was the number of individuals arrested for drug arrest charges under the age of 18, which increased by 51 percent between 2022 and 2023. Overall arrest figures… Read More »
Can You Get a DUI Off Your Record in Virginia?
In a few cases, yes, but in most cases, it’s complicated. Virginia has a broad record expunction and sealing program. Expunged records almost literally disappear, and sealed records disappear for most purposes. However, such relief is unavailable in most DUI matters. Nevertheless, relief is available in this area, so a DUI conviction need not… Read More »
Can You Expunge DUI in Virginia?
Maybe. Three primary expungement avenues are available, as outlined below. Expungement is the criminal records equivalent of a delete key. wiping out all law enforcement, judicial, and other records related to a criminal conviction. Record sealing is like White-Out (if you’re under fifty and you don’t know what that is you can Google it)…. Read More »
Speeding Ticket Defenses in Northern Virginia
High speeding ticket fines, court costs, and other add-ons are only the direct costs. A single speeding ticket could increase auto insurance rates over 80 percent. Especially if you’re already in a high-risk category (young driver, bad driving record, etc.), one speeding ticket could effectively take you off the road. Traffic school is usually… Read More »
How Likely is Jail Time for the First DUI in Virginia?
Not very much, unless one of the four aggravating factors discussed below applies to the case. Additional jail time is particularly likely in the first two situations. Other enhancements, such as a prior DUI conviction, also apply. But since this enhancement changes a first-time DUI into a second one, we won’t discuss it in… Read More »
Long Arm of the Law Nabs Murder Defendant
Peace officers in Palm Coast, Florida, stopped a 43-year-old man for running a stop sign and arrested him on an outstanding murder warrant from Virginia. The defendant had been living in Palm Coast since 2022, according to the sheriff’s office. He was in the Flagler County jail Friday awaiting extradition to Virginia on charges… Read More »
Resolving Reckless Matters in Virginia
Traffic enforcement dropped off almost everywhere during 2020 coronavirus lockdowns. However, in Virginia, that 2020 drop was part of a long-term trend. Since 2018, traffic enforcement has dropped 20 percent in Virginia. Probably not coincidentally, the number of fatal crashes has increased by nearly the same amount during this period. Many police officers are… Read More »
