Virginia Gov & Administrative Law Questions & Answers

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Gov & Administrative Law for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

Q: A city bus driver hit the side of my vehicle. I wasn't there when it happened (my car was parked while I was shopping)

1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on
Answered on Nov 26, 2018
Jay Braddock Jackson's answer
It’s certainly enough to start. You may wish to start

With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so most attorneys will not take the case. That means you would either have to handle the trial yourself or pay the attorney by the hour, which can be costly.

Q: i am a natural born citizen.would my felony conviction stop my spouses process?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Virginia on
Answered on Jul 9, 2018
Hector E. Quiroga's answer
It should not, depending on the crime for which you were convicted. Felonious assault or crimes of a sexual nature could be the exception. Check with an immigration attorney.

Q: I didn't do the proper paperwork to file a motion to quash a subpoena. At the hearing, the judge suggested a continuance

1 Answer | Asked in Gov & Administrative Law for Virginia on
Answered on Feb 12, 2018
Matthew Lane Kreitzer's answer
That would largely depend on the judge, but most judges would allow you to cooperate with the opposing side if you decide to. Whether it is a good idea in your particular case is best discussed with a confidential consultation with a lawyer to determine the pros and cons associated with your course of action.

Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?

2 Answers | Asked in Car Accidents, Gov & Administrative Law and Small Claims for Virginia on
Answered on Nov 8, 2017
Jan F Hoen's answer
You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.

Q: How to appeal county decision of vandalism on county sewer line backup/surcharge into home?

1 Answer | Asked in Gov & Administrative Law, Civil Litigation, Land Use & Zoning and Real Estate Law for Virginia on
Answered on Oct 31, 2017
F. Paul Maloof's answer
I am sorry but I do not handle that type of matter. You may want to call the Bar Association of the city or county in which you live and ask for a lawyer referral for your situation.

Q: I slip and fell on government property with no wet floor signs. After I got injured they put wet floor signs up. Help

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Virginia on
Answered on Oct 26, 2017
Jan F Hoen's answer
They obviously knew it was wet afterwards because you fell on it. It does not logically follow that they knew until after. I assume you reported it to them. Putting signs up afterwards was necessary to prevent any additional falls and does not in any way prove negligence.

Liability on the part of the property owner requires that you be able to prove that they were negligent because they knew BEFORE the incident and did not take reasonable precaution to warn and protect invitees to...

Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Answered on Sep 14, 2017
F. Paul Maloof's answer
I think you should ask the Institue

If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.

Q: I am a little confused after reading some virginia codes. Are you allowed to make a right turn on red?

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Virginia on
Answered on May 18, 2017
Gary D. Godman's answer
Virginia Code 46.2-835 says: "Notwithstanding the provisions of § 46.2-833, except where a traffic control device is placed prohibiting turns on steady red, vehicular traffic facing a steady red circular signal, after coming to a full stop, may cautiously enter the intersection and make a right turn." So in the intersection you describe, if it is a red circle and there is no sign prohibiting right turns on red, it would be permissible to turn on red.

Interestingly, the same code...

Q: Would an ethics committee have authority to to enforce a decision that does not correlate to a specific rule?

1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Virginia on
Answered on Feb 6, 2017
Glenn B. Manishin's answer
The question requires clarification. What sort of ethics committee is involved, what industry/occupation and what grounds did the body give for its decision? Is enforcement being sought via the courts or in a private licensing/certification setting? For example, if this were a legal ethics matter, the relevant bar association could impose sanctions, but enforcement such as voiding the respondent's license to practice law would typically require application to and an order from the state supreme...

Q: Can NYS DTF levy/seize an out of state bank account for the purpose of arrears?

1 Answer | Asked in Gov & Administrative Law, Collections and Tax Law for Virginia on
Answered on Sep 12, 2016
Gary D. Godman's answer
Not sure about NY law, but in VA, a levy on a bank account is a normal and legitimate way for an owed party to collect funds. Consider speaking with a local family law or debt protection attorney about your specific situation.

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