Virginia Baby Dui’s

Driving After Illegally Consuming Alcohol (“Baby DWI”)

Most everyone knows that the legal drinking age is 21 years old.  Most people also know that you can be convicted of Driving While Intoxicated if your blood alcohol concentration (BAC) is at least .08 percent while driving.

Most people do not know that, if you’re under 21 years old, and have a BAC of .02-.07 while driving, then you can be convicted of what some attorneys call a “baby DWI.”  A “baby DWI” is the crime of Driving After Illegally Consuming Alcohol, and is codified in Virginia Code section 18.2-266.1.  There is a common misconception by people charged with violating 18.2-266.1 that, because people refer to the offense as “baby,” that the charge is “not a big deal.”  This couldn’t be further from the truth.

In fact, a violation of 18.2-266.1 is a class 1 misdemeanor like regular DWIs, petit larcenies, assaults and batteries, etc.  Therefore, violating 18.2-266.1 can lead to 12 months incarceration.  Additionally, a conviction for violating 18.2-266.1 results in a driver’s license suspension of 1 year.  If convicted of a first-offense DWI, the offender’s driver’s license is also suspended for 1 year.

If convicted of violating 18.2-266.1, the offender must choose between completing at least 50 hours of community service or paying a fine of at least $500.00.  For a first-offense DWI, the law only requires at least a $250.00 fine.  Therefore, the minimum fine is actually less for an actual first-offense DWI, than for a “baby DWI.”

People charged with violating 18.2-266.1 usually have a hard time understanding why they are charged with a “baby DWI” if their BAC was less than .08 percent.  This is because a violation of 18.2-266.1 does not require intoxication.  Look at the title of this article again.  18.2-266.1 is for driving after illegally (underage) consuming alcohol, not driving while intoxicated from alcohol.

Now, if an underage person has a BAC of .08 percent or more while driving, that person will likely be charged with a regular DWI.  Again, a DWI conviction requires proof of intoxication, while a “baby DWI” does not.

Both DWI and a violation of 18.2-266.1 are very serious charges, and should be treated as such.  Don’t downplay the severity of a “baby DWI” because “at least it’s not a regular DWI.”

Summer Accident Guide

The lawyers of Cravens & Noll with 5 locations representing throughout central Virginia, want everyone to be safe and free from harm. Regretfully, the world is a dangerous place and chances are that one-day a careless or reckless person will injure you or a loved one. Accidents can happen to anyone, anytime, anywhere. 

When an accident happens, we are here to help you and your family. After obtaining medical care for yourself and othe
rs, some important first steps will help protect your legal interest. You should gather and retain as much information as possible. Take photographs or videos.

Be careful about what you say. Document your injuries. Then Immediately contact Cravens & Noll directly at (804) 258-1631 for a free case evaluation.

The following further suggestions are applicable to most types of accidents.

Be Calm

Stay calm and alert. Accidents are unexpected and can generate powerful emotions. Remaining calm and clear-headed will allow you to more objectively take positive actions. Try to be polite and cordial. Do not become hostile to the others who may be involved.

Call 911 for the Police and Medical Care.

Always call the police or other responsible authorities when involved in an accident. Always request medical assistance for those injured. Always report your injuries no matter how slight. Injuries frequently become worse. Seek prompt medical attention.

Do Not Discuss the Accident

Do not take blame for the accident. Exchange information required by law but do not make any other statements. Cooperate with the authorities but do not make any damaging comments. Anything you say can be used against you. Remember that you have a right to talk with a lawyer before making any statements.

Preserve the Scene

The scene of an accident is the place or location where the injury occurred. It includes the actual physical location plus any physical evidence, items, articles, machinery, products, vehicles, and anything tangible that helps explain the cause of an accident. It is extremely important to call the police or other authorities that are responsible for investigating the accident or resulting injuries. Take complete photographs and videos of the scene, including the resulting injuries.

Gather the Record Information

Get the names, addresses and telephone numbers of all witnesses. Many witnesses of accidents leave without giving any information. Do not rely on the investigating officials to obtain this information. Keep notes of all important facts.

Preserve all Evidence

Evidence includes all tangible and intangible items or information pertaining to the accident. It includes, for example, statements, cars, machines, items, clothing, photographs, videos, scene photographs, medical records, bills, and so forth. Keep all evidence in a secure location. Do not destroy or discard anything. Know where all relevant physical items are located. Do not give authority to anyone to remove, obtain, possess, or destroy anything.

Injuries and Damages

You may be entitled to compensation for your injuries. Awarding monetary damages is the law’s method of putting the wrongfully injured party, as closely as possible, into a position equal to that position before he or she was injured. You may have the right to recover money for damages such as pain and suffering, temporary and permanent disability, reasonable expenses for medical and hospital care, future expenses for medical care or rehabilitation, loss of income, and damages to property. Be sure to document all your injuries.

Your Insurance Company

You must promptly report the accident to your company. Failure to do so could result in a loss of coverage. It is prudent to talk to your attorney first. Remember their interest may not be the same as yours. When an accident happens, they are a business, and you are an expense.

Any other Insurance Company

The biggest mistake people make is talking to the other insurance company. Trained adjustors or attorneys always represent insurance companies. Remember your interest is not their interest. You are their expense. They want to get out of a claim as quickly and as cheaply as possible, no matter what the consequences are to you. Protect yourself. Do not give them a statement, particularly a recorded statement. Do not sign anything for them. You are not required to talk to the other insurance company.

Cravens & Noll handles all types of accidents. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll for a free consultation.

Virginia Warrants in Debt, Garnishment

Civil Judgments in Virginia: Winning Half of the Battle

In Virginia, Warrants in Debt are used to attempt to recover money that is owed. A Warrant in Debt is filed in General District Court, and must not request more than $25,000.00 in damages. If you have a valid, enforceable contract with a debtor, and the debtor fails to pay you in a timely fashion, then you can sue that person/business for monetary damages. Filing a warrant-in debt is the first step in the process of being paid. 

Most plaintiffs do not realize that getting a judgment against the debtor is only one part of the equation before being paid. A judgment is a piece of paper, signed by the judge, which states that the debtor owes you money. 

There are ways to get money from a debtor, including garnishment and liens. However, to garnish a debtor’s wages from employment, the creditor (person to whom money is owed) must know where the debtor works. Once a debtor’s wages start being garnished, some debtors will decide to work somewhere else, hoping that the garnishment does not follow them to their next employment. When a debtor changes employment, the creditor must again try to find out where the debtor is employed if he wants to continue garnishing the debtor’s wages.

As evidenced by the previous paragraph, there is a lot more to recovering money than simply getting a judgment against a debtor. There’s a colloquialism that “you can’t squeeze blood out of a turnip.” It means that a person cannot get something from nothing. If the debtor does not have a job, or property, or other financial resources, then a judgment might be all that you get. Part of deciding to sue someone for money is contemplating how you will get that money.

10 Things You Need to Do After a Car Accident in Virginia

Over 125,000 car accidents occur each year in Virginia. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury (link) to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.

If you are involved in an automobile accident in Virginia, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:

1. STOP. Never drive away from the scene of an accident, even a minor one.

2. PROTECT THE SCENE. You can prevent further accidents by setting up flares, or keeping your flashers on. If it is dark and your lights don’t work, you should have a flashlight to keep you safe while you wait in your disabled car or by the side of the road.

3. CALL THE POLICE. Even if there are no serious injuries, it is a good idea to call the police. You may need a police report to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should remain where they are, unless they interfere with traffic.

4. MAKE AN ACCURATE RECORD. When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well.

5. TAKE PICTURES. If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.

6. EXCHANGE INFORMATION. Typically, the investigating police officer obtains this information. However, if the police do not respond to the accident, you should obtain the name, address and telephone number of all persons involved in the accident, drivers and passengers alike. You should also obtain information about insurance by asking to see the insurance card for all vehicles involved in the accident. If there are witnesses, you should get information from them as well so that you or your attorney can contact them in the future. If police respond to the accident, the investigating officer usually will provide all drivers with a police report number. You can use that number later to obtain the police report. If the accident occurs on a state highway, you must request the report from the state police.

7. REPORT THE ACCIDENT. Notify your insurance company as soon as possible. Many policies require immediate reporting and full cooperation. Find out if you have medical benefits as part of your insurance coverage. You pay extra for that type of coverage – known as “medpay” – so you should use it. In fact, if you have medpay coverage, you are required to submit your accident-related medical bills to your insurance company. Medpay coverage is primary for accident-related medical bills. Once medpay benefits are exhausted, private health insurance becomes your primary insurer. Medpay benefits are available to all the occupants of the vehicle. Your insurance rates should not increase as a result of submitting claims for medpay coverage.

8. SEEK MEDICAL ATTENTION. Often, injuries caused by motor vehicle accidents are not immediately apparent. Most of our clients report feeling the most pain a day or two following an automobile accident. Unless you are absolutely certain you were not injured, you should seek medical attention at your local emergency room or by seeing your family physician. Even in accidents involving minor impact, you can sustain a serious and permanent injury to your spinal cord. If you lost consciousness or were dazed for even a short period of time following the collision, you may have suffered a concussion or closed head injury. This can cause cognitive and behavioral changes if left untreated.

9. KEEP A FILE. Keep all your accident-related documents and information together. This information should include a claim number, the claim’s adjuster who is handling the claim, names and phone numbers of all contacts, receipts for a rental car and other expenses incurred as a result of the accident.

10. PROTECT YOUR RIGHTS. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries. Cravens and Noll are available XXXXXXXXXXXXXXX

Current Virginia Marijuana Laws

Cravens & Noll PC has received a number of inquiries lately about Virginia marijuana laws. While marijuana laws in Virginia are changing swiftly, the commonwealth still does not recognize medical marijuana. Simple possession of less than two ounces of cannabis can result in up to 30 days in jail and/or a $500 fine. Presently, the penalty for the sale of five pounds (or more) is five to 30 years in state prison.

Code Section 54.1-3445, 18.2-247

Possession Misdemeanor, jail up to 30 days and/or $500; Subsequent offense: Class 1 misdemeanor

Sale Up to .5 oz.: Class 1 misdemeanor; .5 oz.-5 lbs.: Class 5 felony; Over 5 lbs.: 5-30 yrs.; Proof that person gave drug only as an accommodation not for remuneration or to induce him to become addicted shall be guilty of Class 1 misdemeanor

Federal Marijuana Laws

This is where the law gets interesting. We have some states have legalizing recreational and medical use of marijuana, but it is still illegal under federal laws. Federal laws prohibit possession of any amount of marijuana. A first conviction is punishable by up to one year in jail and a $1,000 fine. A second possession offense carries a minimum 15 day incarceration, with a maximum of two years in jail and a maximum $2,500 fine. A third and subsequent offense has a minimum jail time of 90 days with a maximum of three years and $5,000 fine.

Sale and cultivation of marijuana carry even higher fines and punishment under federal law. First offenses can put someone in jail for five years, and large amounts can put someone in jail for life, with a one million dollar fine.

Virginia Marijuana Possession Laws

Possession of any amount of marijuana in Virginia is a misdemeanor. Jail time for a first possession offense can be up to 30 days, and comes with a maximum $500 fine. Any subsequent offenses are Class 1 misdemeanors.

Selling Marijuana in Virginia

Selling marijuana in Virginia is considered a worse crime because it enables others to break the law as well. Sale of up to half an ounce marijuana in Virginia is an automatic Class 1 misdemeanor. Sale of up to 5lbs of marijuana is Class5 felony. Anything sale over 5lbs comes with a 5-30 year jail sentence. Selling within 1000 yards of a school to a minor comes with much harsher penalties

However, giving someone marijuana is not as serious of an offense as selling marijuana. In Virginia, if the defendant can prove that they gave the alleged purchaser the marijuana for free, the defendant is only guilty of a Class 1 misdemeanor.

Looking Forward

SB 701 Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide.
Introduced by: David W. Marsden | all patrons … notes | add to my profiles

SB 701 Concerns cannabidiol oil and THC-A oil; it permits pharmaceutical processors to manufacture and provide. Additionally it authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Should bill should pass and not be vetoed in 2017 session.

If you would like to know more about Virginia marijuana laws, and how they intersect with federal laws, feel free to contact Cravens & Noll for a free consultation.

Google Scholar: Search for Cases and Related Legal Publications

Google Scholar:  Search for Cases and Related Legal Publications

It is 2016 and most of us have taken advantage of Google to find information on a potential client, an old friend, a restaurant, vacation ideas, a news article, or even a movie. At Cravens and Noll P.C. we are using google to augment our legal research. In 2009, Google started to offer the ability for attorneys to search for U.S. case law as part of its Google Scholar search. 

You can now Google Scholar for Law Firmsconduct free searches for full-text opinions of cases and legal journals in addition to general articles and patents, which were previously available on Google Scholar. Searches are conducted the same exact way you would conduct a search on Google.com. There is no need for Boolean operators anymore if you don’t want to use them, and you still might get the exact case you’re looking for.  This article gives an overview on the new features Google Scholar provides for the legal research market.

Google Scholar now includes U.S. Supreme Court opinions since 1791 and U.S. federal district, appellate, tax and bankruptcy courts since 1923. Also included is U.S. state appellate and supreme court cases dating back to 1950. Cases are cited in Bluebook format, include internal page numbers, and are cross-linked within the database. In addition to case law, Google scholar provides links to secondary sources, such as law reviews and journals.

The cases themselves are displayed with the expected Google simplicity. Similar to Google docs, search terms that retrieved the case are highlighted throughout, and all footnotes are linked. google-scholar-e1430680940234

Is Scholar Useful? Google Scholar’s free search has drawn admiration and criticism from attorneys. On the positive side, Scholar employs the clean, simple, and fast user experience that Google is well known and admired for. Google Scholar does not require a login, allowing users to very quickly check a case name or cite.  

It is clear however, that Google Scholar will not replace commercial legal publishers such as LexisNexis® or Westlaw® any time soon. However many of the Virginia lawyers we spoke to in researching this article concluded that Google Scholar is a great place to conduct preliminary research, or to review new cases that have not yet been affected by precedent. Using free services first can help narrow and focus an attorney’s subsequent search.  And because it’s Google, we should expect to see more features and coverage in the future.

Why it’s Important

For attorneys, Google’s entrance into the legal information market should help to drive down research costs.  While it may not break up the LexisNexis® and Westlaw® grip right away, it does increase competition.  As Google expands its offerings, watch for smaller players to enter the market with free or low cost add-ons to supplement Google’s work.  Check out Google Scholar’s newest legal search features at: http://scholar.google.com.

Google Scholar can also be very helpful for non-lawyers who are interested in conducting their own research that is related their own issue or case. Google Scholar can assist an individual who is interested in finding out more about their own legal issue or case. However, it is important that a non-lawyer understands that interpreting a published case, and how that case may or may not impact their own case, can be difficult. Therefore, it is important to consult with an attorney to discuss your legal matter and how published court decisions impact an individual’s case.

I would be happy to answer any questions

Pokemon and Distracted Driving

Being an attorney with one of Richmond’s leading law firms, I am well aware of both distracted driving accidents and how it relates to the new Pokemon Go craze! As a father of two and as a personal injury lawyer, the potential for catastrophic accidents of the target generation of this game is downright scary.  Of course, teens, and all drivers should never text and drive.  However, the lure of “catching” a rare Pokemon to a target driver may be overwhelming!

Richmond Virginia Pokemon distracted driving

Nintendo recently launched its Pokemon Go application and has created an obsession with some.  For those not aware, app users can now look through the camera of their handheld device and spot these adorable and interesting Pokemon creatures virtually luring around the real world! Players (trainers) can point and click their way to capturing these creatures.  Do you remember the slogan “Got to Catch Them All?”

Sharing Pokemon with my kids about 15 years ago was a lovely and engaging pastime.  I loved bringing home Pokemon cards on a Friday afternoon and preparing for the discussion of whether a Bulbasour could defeat an electric Pokemon!  Now—– my kids are driving! The lure of these sentimental creatures nearby must be exciting and overwhelming.

We hope that Nintendo can disable the app while “trainers” are driving.  Further, we can hope that the location of truly “rare” Pokemon will not create a rush on the roads that may cause needless accidents, injuries and death.  It remains to be seen whether the app is sensitive to real life— not virtual— concerns.

Adultery is Still a Player In Virginia Divorce Courts

Adultery still a defense to Spousal Support:

Virginia Court of Appeals Reverses Spousal Support Award for Adulterous Wife.

Virginia Divorce lawyers uncontested

In the recent case of Mundy v. Mundy, the Virginia Court of Appeals reversed a lower court ruling granting spousal support to an adulterous wife. Mundy v. Mundy, 66 Va. App. 177, 184 (Va. Ct. App. 2016)  Although the husband earned $850,000.00 per year, and the wife did not work outside the home, the court of appeals determined that given wife’s admission, and the lower courts finding, that Mrs. Mundy had committed adultery with “multiple” sexual partners, that the denial of spousal support would not be a “manifest injustice” under VA Code §20-201.1 (B).

This is in line with a line of cases beginning with Bandas v. Bandas, wherein an attorney husband was found to pay spousal support to his adulterous wife because of the relative inequities of income would produce a “manifest injustice” economically to deny her spousal support. Bandas v. Bandas, 16 Va. App. 427, 434 (Va. Ct. App. 1993)

What we can take from this new case is that adultery is still a player (no pun intended) on the divorce battlefield. Clearly, the circumstances of the adultery, multiple partners, and the relative lack of fault on the part of the husband in the dissolution of the marriage are factors the courts in Virginia will still reply upon.

Cravens and Noll, an experienced Virginia law firm, takes great pride in the trust our clients place in our counsel. Before taking a case, Cravens and Noll lawyers provide free consultations for clients call (804) 330-9220 to schedule. 

Cravens & Noll PC Welcomes Two Experienced Virginia Attorneys

The Virginia personal injury, criminal defense, family law and bankruptcy law firm of Cravens & Noll PC, welcomes attorneys Susan G. Andrews to our legal team. With offices in Richmond, Chesterfield, Henrico and Colonial Heights, we are proud to offer representation to clients throughout Virginia.

Attorney-Susan-G.-AndrewsSusan G. Andrews will be located in our Tri-Cities office in Colonial Heights. A native Virginian, Susan will be working with Cravens & Noll clients facing legal issues related to divorce and separation; guardianship; bankruptcy protection and relief; and personal injury claims. Susan has been in private practice in Richmond and the surrounding areas for over 25 years; her background and experience practicing in the Commonwealth will allow her to efficiently and effectively assist clients with any legal issue they may face.