A sheriff deputy responded to a single vehicle accident. Apparently, the driver hit a patch of water and hydroplaned into a median. However, the driver smelled of alcohol and admitted to having had a few beers. Apparently satisfied that the driver was not intoxicated, the deputy nonetheless charged him with Reckless Driving. After a trial, the court found him guilty of Improper Driving. Is Reckless Driving just a lesser version of drunk driving (DUI)? The
What is the crime of Computer Harassment / Stalking? A recent case from the Court of Appeals answers this question and gives a good explanation of how even “implied” threats can violate the law. A man previously convicted of stalking his ex-girlfriend was convicted on Computer Harassment stemming from repeated messages to her. The Court of Appeals affirmed his conviction. Virginia Code sec. 18.2-152.7:1 criminalizes the sending of computer messages that communicate obscene, vulgar, profane,
Can one be convicted in Virginia for “Indecent Exposure” for “mooning” someone? According to the Court of Appeal in a case out of Shenandoah County, the answer is “no.” A 14 year old kid “mooned” his school bus driver on the last day of school. (“Mooning” involves exposing one’s buttocks). In this instance, the child asked his bus driver, “Ms. Bridget, you want to know what the little piggy said all the way home?” He
A lawyer in the Richmond area practiced Social Security law. As is common in that practice area, the government would pay attorney fees directly to the lawyer providing the services. However, the lawyer in this case had an employment agreement with her firm stating that the money belonged to the firm, even if the funds were made payable to her. Temptation took the best of her, and the lawyer kept many of the checks she
A person was convicted of Possession of a Concealed Weapon when he was caught with handgun in a closed, but not locked, glove compartment in his car. The question on appeal was whether a person can keep a gun in his car’s unlocked glove compartment without a concealed weapons permit. The Court of Appeals reviewed the history behind the concealed weapons law – Virginia Code sec. 18.2-308 — and held that the statute required that