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Third Party Custody and the Parental Presumption

In Virginia, custody of a child may be awarded to any non-parent with a legitimate interest. The statute provides a presumption for the “primacy of the parent-child relationship.” Va Code 20-124.2(B). Anyone who wishes to overcome this presumption must demonstrate by clear and convincing evidence that the best interest of the child would be better […]

Open Container Laws in Virginia

Many Virginians are surprised to learn that the Commonwealth does not currently prohibit passengers in a motor vehicle from having open alcohol containers. Several attempts from the Virginia General Assembly to codify a provision against open containers have failed. Possession of an open container by a driver, however, is prohibited. The statute that governs drinking […]

Refusing a Blood Alcohol Test in Virginia

If you are arrested for a DUI and you refuse to take the blood or breath test at the police station, you might face serious consequences for that refusal. The law of implied consent in Virginia requires drivers to submit to blood or breath testing to determine their Blood Alcohol Content (“BAC”) when an officer

Reckless Driving in Virginia

  Virginia defines reckless driving as driving “recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.” Va. Code 46.2-852. It is classified as a Class 1 Misdemeanor. A person convicted of a Class 1 misdemeanor may be sent to jail for not more than twelve months and/or fined […]

Credit Card Offenses in Virginia

There are three categories of credit card offenses in Virginia: credit card theft, credit card forgery, and credit card fraud. Virginia classifies credit card offenses as a type of identity theft and treats these offenses as a serious crime. Each charge carries fines, penalties, and imprisonment. Credit Card Theft In order to win a conviction […]