dui breath test refusal

Should I Refuse a Breath Test? If so, Which One?

If you are pulled over under suspicion of a DUI in Virginia, from the start, the officer will ask questions and make observations to begin to build his case against you.  Among his evidence building tools are the handheld PBT (Preliminary Breath Test).  After the officer requests that you submit to field sobriety tests (which you cannot be compelled to …

Working with the Holcomb Law Team

What Wayne, Colleen, and the Holcomb Law Team Can Do For You During Your Case: We understand the disappointment, stress, and frustration that has led you to this point in your life where you are reading a report on divorce, and it seems almost impossible to imagine a future without too much pain and grief.  Maybe at this point you …

daily press choice awards 2015

Vote For HOLCOMB LAW in the 2015 Daily Press Choice Awards

HOLCOMB LAW is a proud participant in the 2015 Daily Press Readers’ Choice Awards! The Choice Awards recognizes local businesses for being the best in their field of expertise. But, you don’t just receive an award – you have to earn it – and that’s where we need your help! From Wednesday, September 2nd, to Sunday, September 20th, people across …

judge reading over order for record to be expunged or expungement

How Can I Get my Criminal Record Expunged in Virginia?

First of all, what exactly is an expungement? Expungement is the removal of a criminal charge from your record. After a Judge signs the Order to Expunge your criminal charge, it is removed from both your police record and the Court’s record.  After this, you may honestly and legally deny the existence of your expunged record.  Also, you may not …

can you film the police

Can you Film the Police?

In recent years Courts have issued conflicting opinions about a citizen’s right to film the police. For example, one Federal Court held in 2011 that, although not unqualified, “a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First …

What is a Sentencing Hearing?

A sentencing hearing is a separate proceeding from the traditionally known courtroom trial (where an individual is deemed guilty and convicted of a crime) and may be better understood as the punishment portion of the trial process. What happens at a sentencing hearing? In Virginia, sentencing hearings tend to follow the same specific process.  First, the Commonwealth is permitted to …

Juvenile Traffic Violations: Who is considered a “minor”?

In Virginia, minors are persons under the age of 18 years old. Is a minor treated differently than an adult if he/she gets a traffic ticket? Yes.  Since minors in Virginia initially possess provisional driver’s licenses, there are additional punishments that may be imposed by the court if the minor is found guilty of a traffic violation.  There are also …

Imprisonment and Your Social Security Benefits

What is the difference between Social Security Disability Insurance and Supplemental Security Income benefits? Social Security disability insurance benefits (SSD or SSDI) and Social Security retirement benefits are only available for individuals that have paid into the Social Security system.  These benefits are funded through past contributions taken out of your wages by your employer over the lifetime of your …