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‘Can you hear me?’ scam has police warning people to hang up immediately. This is happening more frequently in the Northern Virginia area. Please be careful to screen calls from numbers that you are not familiar with!

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The Virginia General Assembly is considering a bill where those convicted of marijuana possession may not be subject to automatically losing their driver’s license for six months. Under this bill, the suspension would not be mandatory, but rather subject to the judge's discretion in deciding what to do for a first offender.

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Discovery rules are up for reform again. If you support the proposed rule change please follow this link. Literally takes 5 mins to make your voice heard.

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The Sheriff was sanctioned for not preserving critical evidence of events that occurred in a jail. Good for this judge.

There are common misconceptions to the idea of what possession is. Possession is not the same as ownership. You can own a car, loan it to a friend and no longer be in possession of it. And you can be in possession of what you don't own.
I often see people say to police in their defense, "The marijuana in the glove compartment isn't mine, it's his."
This is not a defense and likely a confession.
If you know what the substance is and are "exercising domain and control" then you are in constructive possession. This is treated the same as if you are in actual possession.
Lying is NOT the answer.
Respectfully remaining silent is lawful. And if you want to protect yourself, know what and who is around you at all times. Remove yourself from situations that are unlawful.
Stay safe!

As a follow-up- if you have not already been charged with a DUI/DWI and you are pulled over, in Virginia, you can and should refuse to do all tests on the side of the road. The studies on these tests are shakey at best and the officer is asking you to do things that a person normally would never do in an effort to see if you are "normal". Don't become negative evidence in your case. The breath test at the STATION only is required to avoid an additional charge.

Please let your friends and family know this. Know your rights. Education is powerful.

Be respectful with law enforcement always- they are doing their job. And please do not drive intoxicated.

Ever wonder what officers are doing when they are "checking your eyes" during a DUI/DWI traffic stop? They are looking for Horizontal Gaze Nystagmus. To determine this, they check for Lack of Smooth Pursuit, Distinct and Sustained Nystagmus at Maximum Deviation, or the Onset of Nystagmus Prior to 45 Degrees. Importantly, Virginia is one of the few states that allow testimony in court regarding the results of this test. However, skilled attorneys that are trained in the standardized field sobriety tests often can successfully defend against this test.
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