Posted on July 27, 2006 by Regan Zambri & Long

Seatbelt Laws

Every state except New Hampshire has some form of seatbelt law. While most state laws only require seatbelts in the driver and passenger seats, 17 states (and D.C.) require all passengers to be buckled in.

In D.C. and Maryland, seatbelt laws are considered “primary,” meaning that police officers can pull over drivers simply for not wearing the belt. In Virginia, on the other hand, failure to wear a seatbelt is a secondary offense, only punishable if you are stopped for some other violation.

Maryland and Virginia require drivers and the person in the front passenger seat to wear a seatbelt, subject to a $25 fine.

The District requires all passengers to wear seatbelts, punishable by a $50 fine.

Source: Insurance Institute for Highway Safety

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Posted on July 20, 2006 by Regan Zambri & Long

Underage Drinking Parties Targeted by Virginia Legislature

On July 1, 2006, a new Virginia law took effect, making it illegal for adults to serve alcohol to minors in their homes.   Violators face misdemeanor charges and fines.  Governor Timothy Kaine signed the bill in the spring, with overwhelming support by the General Assembly.  According to the bill's main sponsor, Del. Brian Moran, " This would require more personal responsibility from parents."   The legal drinking age in Virginia is 21.

The law's purpose is to deter adults from allowing teenagers to consume alcohol in or near their homes.  The most likey scenario where this law would be enforced is at a large party where the parents are present and they either paid for or served the alcohol to the teenagers.  Exceptions are allowed for small family gatherings, guests over the age of 21 and guests accompanied by a parent, guardian or spouse over 21.

The Virginia General Assembly website provides the full text of this new "social host liability" law.  Law enforcement officials generally supported the bill but have questioned the feasibility of monitoring and enforcing this particular law.  However, lawmakers endorsing the law indicated that its value is more in prevention: "If parents are aware they are breaking the law, they might be less likely to serve alcohol to minors."

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Posted on July 19, 2006 by Regan Zambri & Long

What Is Legal Malpractice?

Legal malpractice cases are ofen expensive to litigate and difficult to win.  Three conditions must exist in order to prove legal malpractice:

  •   An attorney-client relationship existed;
  •   The attorney breached a duty he or she owed to the client; and
  •   The attorney's wrongdoing caused the client harm.

The most common reasons for a legal malpractice suit are:

  •  The lawyer didn't know the substantive law well enough;
  •   The lawyer failed to get a client's consent  or to inform the client;
  •   The lawyer failed to calendar events;
  •   Not knowing or observing a deadline; and
  •   Insufficient discovery and/or investigation.

If you have concerns about the conduct of your lawyer, the links below provide information on how to make an inquiry with the local bar.

Virginia - How to File an Inquiry About a Lawyer
Maryland - Attorney Grievance Commission
District of Columbia - When Problems Arise: Complaints About Attorneys

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