Blogs from July, 2018

Although a DUI conviction can damage your employment opportunities, it can also have a negative impact on educational ones. It’s no secret that alcohol is part of the college--even high school--experience; however, students who decide to drink irresponsibly must suffer serious consequences that can put their academics in jeopardy.

The following are several ways how a DUI conviction affects education:

• Denial of application - If there is a DUI on your criminal record, a school can deny your application without any need to provide justification for their actions. There are some policies that state students with criminal records are not allowed. Most do not have a strict policy, but may prioritize more ideal candidates than prospective students with a DUI conviction.
• Expulsion or suspension - Every college has its own set of rules regarding student DUI convictions. There are some school policies that state such a conviction can result in suspension or even expulsion. Being expelled from a university can harm your personal and professional reputation.
• Loss of financial aid or scholarships - Various federal programs will not provide financial aid to students with felony DUI convictions. Depending on the rules set by the organization, a DUI conviction--or even an arrest--could warrant revocation of a private scholarship.
• Delayed graduation - Whether you have been suspended by the university or had your driving privileges taken away as part of your conviction, these circumstances may cause you to fall behind on your school work. If you are unable to make up for missed class time, you may have to retake classes, essentially delaying your graduation.
• Permanent record - A DUI conviction on your criminal record can negatively affect the way future administrators and employers look at you. No matter how hard you work to better yourself and prove that you’ve learned from the past, this crime may affect the way people judge you for the remainder of your life.

If you are currently dealing with a DUI charge, you must do everything in your power to avoid pleading guilty or getting convicted. At The Law Offices of Daniel J. Miller, our criminal defense attorney can help you protect your rights and future. We understand your reputation is on the line, as well as your freedom. Do not hesitate to get experienced and skilled legal representation on your side to get yourself back on the right track.

For more information, contact us and schedule a free initial consultation.

Going through divorce can be stressful, and sometimes, your spouse will try to overwhelm you by keeping crucial information from you that can sway the divorce settlement in your favor. Below, we talk about 5 divorce secrets your spouse might be trying to keep from you.

#1: Leaving Your Home Will Impact Your Case

If custody is an issue in your divorce, then leaving your marital home could negatively affect the custody portion of your case. When determining whether you need to leave your marital home, consider the following things:

• Your divorce will have a substantial effect on your children
• The Court will attempt to give your children some semblance of familiarity when addressing the issue of custody
• Your divorce process can be a lengthy endeavor
• Returning to the house can prove to be more difficult than simply staying there to begin with

#2: Your Emotions Can Affect Your Case

Divorce can cause you to take a ride on an emotional roller coaster, which is why you need to attempt to take your emotions out of the equation and think about your case logically. However, this is easier said than done, especially when children are involved or one spouse has committed adultery. Having an attorney you can trust will help ensure you don’t let your emotions get the best of you and end up making a mistake.

#3: You Are Entitled to Assets

The division of your shared assets ultimately boils down to math. There are exceptions to the general rule, however, that may affect the equation. Exceptions like both partner’s work history, the approval of and the reasoning behind debts, and any debt or assets that existed before the marriage can affect the amount of assets you are entitled to. An experienced family law attorney can help you understand what debts you or your spouse are responsible for and can properly illustrate to the court the exceptions within your case.

#4: Talking to Your Spouse Can Hurt Your Case

Discussing the details of what you want out of your settlement directly with your spouse is not a good idea. An experienced family law attorney will tell you that giving the other party crucial information about your case will hurt your ability to negotiate a fair settlement.

#5: You Need an Aggressive Lawyer

Finding a lawyer who is not afraid to try a case every now and then is the best approach. Unfortunately, not every lawyer is a trial attorney and not every trial attorney tries family law cases. The best leverage you can have in negotiating is having an attorney on your side that is not afraid to go to bat for you in the courtroom.

Talk to Our Attorneys

At The Law Offices of Daniel J. Miller, we are committed to helping families resolve their disputes and move on to the next phase of their lives. Whether you are dealing with divorce, child custody, or some other family law dispute, our legal team has the skills you need to secure a positive outcome. We will aggressively defend your rights and ensure your interests are protected. Let us fight for you today.

Speak to a Virginia Beach family law attorney by calling (757) 267-4949">(757) 267-4949 to schedule your free case consultation. We are here to take your call 24 hours a day, 7 days a week.

An administrative license suspension in Virginia differs from a license suspension that happens after a defendant is convicted of DUI. In fact, the former occurs immediately after a driver is charged with drunk driving.

Administrative suspensions only apply to drivers who refuse to submit to a breath or blood test, or those with a BAC of .08 or more (.02 or more if they are under 21 years of age). Keep in mind, there is no administrative suspension for a DUI arrest based only on drug use or erratic driving. The arresting officer will physically confiscate your driver’s license, provide a notice of suspension to the driver, and hand over your license to the magistrate, as well as a report outlining the reasons for your arrest.

If you are from out of state, law enforcement can suspend an out-of-state license holder’s right to drive in Virginia. However, they are prohibited from confiscating an out-of-state license and cannot revoke an out-of-state driver’s right to drive in other states.

For a first time offense, the administrative license suspension in Virginia only lasts seven days. A second offense results in a suspension lasting 60 days or until the day of trial, whichever happens first. Lastly, a third or subsequent offense results in a suspension lasting until the day of trial.

Drivers who are subject to administrative license suspension are eligible to petition the court for a review to rescind the suspension. If a person is able to prove—by a preponderance of evidence—that the arresting officer failed to establish probable cause to arrest him/her or the magistrate did not have probable cause to issue the warrant, the court will rescind the license suspension. For those who committed the second offense, the court will rescind the period of suspension that exceeds seven days. For those who committed a third offense, the court will rescind the period of suspension which surpasses 60 days.

If you are interested in appealing the administrative license suspension in Virginia, our attorney at The Law Offices of Daniel J. Miller is prepared to protect your rights and driving privileges. We understand that not having your driver’s license can make it more difficult to commute to work, attend school, or conduct day-to-day activities. Do not hesitate to get your license back immediately.

For more information, contact us and schedule a free initial consultation today.