Empower Yourself With Possible Defenses in Your Virginia Criminal Defense Case
Our qualified attorneys often write legal library articles that will give you information on Virginia criminal laws and penalties, as well as explain possible defenses and strategies for your DUI, traffic or criminal case. These articles will help explain your rights under Virginia laws and educate you on the process you may be facing.
Library Categories:
Virginia DUI and DWI:
- Prescription Drugs and Your DUI Case
Driving while under the influence of prescription medications can have devastating effects. - § 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol.
Virginia code section for underage DUI. - Drinking While Driving -“Open Container”
Under Virginia law, it is unlawful for any person to consume alcohol while driving a motor vehicle on a public highway. - Underage Purchase, Possession or Consumption of Alcohol
An underage purchase, possession or consumption of alcohol charge initially may sound like a commonplace youthful indiscretion with little consequence. - Unlawful Underage Purchase of Alcohol with an Altered or Fake Identification
In Virginia, using or attempting to use altered or fake identification for underage purchase, possession or consumption of alcohol is a Class 1 misdemeanor. - Disorderly Conduct
Under Virginia law, disorderly conduct is a Class 1 misdemeanor - the most serious class of Virginia misdemeanor offenses. - Public Intoxication
Even responsible, social drinkers may find themselves faced with a public intoxication charge. - § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
Virginia code section for DUI. - § 18.2-268.3. Refusal of tests; penalties; procedures.
Virginia code section for Refusal. - § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.
Virginia code section for Implied Consent. - Will New Technology Impact Drunk Drivers in Virginia?
Learn about the new technology being designed that may reduce DUI offenses, and call a Northern Virginia DUI defense lawyer after a DUI arrest. - How Do You Know if You Should Hire a Virginia DUI/DWI Attorney?
Know when it is a good idea to hire a Virginia DUI lawyer, and call a skilled Northern Virginia DUI defense attorney at the Wilson Law Firm today. - New Changes Include Harsher Penalties for Underage Drinking and Driving in Virginia
Be aware of harsher penalties for underage drunk driving and increased sobriety checkpoints in VA. If charged with a Virginia DUI, call a VA defense attorney. - How to Hire and Who You Should Hire as Your Virginia DUI Lawyer
How do you go about finding the right DUI lawyer for your needs? Read this and call a Northern Virginia DUI defense attorney at the Wilson Law Firm. - Why Should You Revisit the Scene of Your Virginia DUI Arrest?
Find out why it is critical to revisit your Virginia DUI arrest site, and call a Northern Virginia DUI defense attorney for help with your drunk driving case. - How a Doctor May Be Able to Help in Your Virginia DUI Case
Did you know doctors may be able to prove your breath test false reading? Read this and call a skilled Northern Virginia DUI attorney today to find out more. - When Should You Call a Lawyer After a Virginia DUI Arrest?
Find out possible defenses that could help you after you are arrested on a DUI in Virginia, and call a VA DUI attorney today. - Possible Affirmative Defenses for Virginia DWI & DUI Charges
A Virginia DUI defense lawyer at the Wilson Law Firm will have strategies and defenses available for your specific DUI case. Call 800-DUI-LWYR today. - Virginia’s DUI / DWI Implied Consent Law And The 3 Hour Rule
Virginia’s Implied Consent law essentially states that drivers in Virginia impliedly consent to provide breath/blood test within 3 hours of legal DUI arrest. - Was Your Virginia DUI Arrest Made Unlawfully?
Have you been stopped by an officer unlawfully? If so, contact a Virginia DUI defense lawyer at the Wilson Law Firm at 800-DUI-LWYR. - Acid Reflux Affects the Breathalyzer and Your BAC Reading
Get your FREE book DUI/DWI Virginia Arrest Survival Guide – The Guilt Myth and call the Wilson Law Firm if you have been arrested for DUI in Virginia 800-DUI-LW - What are the Standardized Field Sobriety Tests?
There are three standardized field sobriety tests that law enforcement use on individuals they presume are driving under the influence. Find out why these tests - Recent Changes in Virginia DUI Laws
There were several new DUI bills introduced in the Virginia Senate recently. Three were defeated and one regarding penalties for underage DUI passed. Find out the new DUI changes in this article, and contact a skilled Virginia DUI defense attorney to discuss what options you may have in your DUI case. You can reach T. Kevin Wilson at the Wilson Law Firm today at (800) DUI-LWYR for a free consultation. - What First-Time and Repeat DUI Offenders in Virginia Need to Know
There is a bill that was just advanced in the House Courts of Justice committee regarding first-time DUI offenders in Virginia. For more information about possible changes that first-time and second-time DUI offenders may face, read this article. If you have been charged with driving under the influence in Virginia, please contact an experienced DUI defense attorney, T. Kevin Wilson of the Wilson Law Firm, at (800) DUI-LWYR today. - Virginia DUI Attorney May Help You Get Into Rehab and Out of Jail
There are options for keeping drivers who have been arrested on DUI charges in Virginia out of jail. Read this article to find out how you or someone you love may be able to get out of jail and into rehab. If you are arrested for DUI in Virginia, contact attorney T. Kevin Wilson who specializes in Virginia DUI defense law. Call the Wilson Law Firm today at (800) DUI-LWYR, and we will fight to get your charges lessened. - Can I get My DUI Conviction Expunged in Virginia?
Many people in Virginia want to know if their DUI can be expunged or sealed. Read this article to find out the truth and myths behind expungement laws in Virginia. If you have been wrongly convicted of a DUI, you may be able to get your conviction expunged. Contact DUI defense attorney T. Kevin Wilson at the Wilson Law Firm today at (800) DUI-LWYR and get answers to your legal questions. - Improve Your Chances of Driving Again After a DUI Conviction
When you get arrested for DUI in Virginia, your driver’s license can be suspended. There are steps to take to get your driver’s license reinstated. Read this article to learn the necessary steps and request your free consumer guide, DUI/DWI Arrest Survival Guide – The Guilt Myth, written by Virginia DUI defense attorney T. Kevin Wilson. Understand the law and your rights and call the Wilson Law Firm today at (800) DUI-LWYR. - Understanding the Difference Between DUI and DWI Offenses in Virginia
Many people believe there is a difference between a DUI and DWI arrest in Virginia. This article explains that the two terms are used interchangeably in the state of Virginia, but differ in other states. If you have been arrested for a DUI or DWI in Virginia, contact attorney T. Kevin Wilson who specializes in Virginia DUI defense law. Call the Wilson Law Firm today at (800) DUI-LWYR. - Know the Drunk Driving Penalties Facing Virginia Drivers
If you are arrested for DUI in Virginia or have wrongly been convicted of driving under the influence of drugs, contact attorney T. Kevin Wilson today. The Wilson Law Firm specializes in Virginia DUI defense law and can help you understand the law and fight to get your charges lowered. Call the Wilson Law Firm today at (800) DUI-LWYR. - What is the Difference Between the PBT and Breathalyzer?
Many drivers do not understand the difference between the PBT and the official breathalyzer test. A driver can refuse to take the PBT; however, the breathalyzer test conducted at the police station is a mandatory test. If you are arrested for DUI in Virginia, contact attorney T. Kevin Wilson, who specializes in Virginia DUI defense law. Call the Wilson Law Firm today at (800) DUI-LWYR. - Breath Alcohol Tests Aren’t Always Accurate – False Readings Can Occur
If you have been wrongly accused of driving under the influence in Virginia, contact a knowledgeable DUI defense lawyer who understands Virginia DUI laws and the flaws in the breathalyzer tests and technology used to convict you. Speak with attorney T. Kevin Wilson of the Wilson Law Firm today at (800) DUI-LWYR. - Impact of Body Weight and Body Type on BAC Levels
In general, the less you weigh the more you will be affected by a given amount of alcohol. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - Rate of Consumption of Ethanol Alcohol
People absorb alcohol and become drunk much faster than they can metabolize and eliminate alcohol and become sober. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Alcohol Content of Various Alcoholic Beverages
If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Impairment and Food, Medication and Fatigue
- Tolerance
Tolerance is the reduction of the effectiveness of a drug after a period of prolonged or heavy use of that drug or a related drug. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Gender Differences and Body Water
In general, if a man and a woman of the same weight were to consume the same amount of alcohol the woman would be expected to reach a higher peak blood alcohol concentration. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - What is a standard "drink"?
Blood Alcohol Concentration (BAC) is partially based on how much an individual has to drink. How much an individual has to drink is relative to that individual's definion of a "standard drink". If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Distribution of Ethanol Alcohol
Blood carries absorbed alcohol to various organs and tissues of the body and will deposit alcohol in proportion to the water content of the various organs and tissues. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - Absorption of Ethanol Alcohol
Alcohol is absorbed into the bloodstream all throughout the gastrointestinal tract. Peak blood alcohol concertrations are achieved in as little as 30 minutes or as much as 6 hours. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - Elimination of Ethanol Alcohol
A relatively small percentage of consumed alcohol will be directly eliminated from the body in the breath, urine, sweat, tears, feces, etc., but the overwhelming majority of consumed alcohol is eliminated through metabolism. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - The Supreme Court of the United States Speaks Out in Melendez-Diaz: When we said bring in the witnesses, we meant it!
The Supreme Court of the United States confirmed that the Right of Confrontation contained in the Confrontation Clause of the Sixth Amendment to the United States Constitution means exactly what it says: criminal defendants have the right to confront witnesses against them. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - Crawford v. Washington and the U.S. Response
In 2004, the Supreme Court of the United States handed down the decision in Crawford v. Washington which turned the rules of evidence upside down. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - What does the Melendez-Diaz Supreme Court decision mean for the state of Virginia?
Since shifting the burden to subpoena the witness to the accused and deeming the failure to do so a waiver has been rejected and overruled by the Supreme Court of the United States, it will be interesting to see how Virginia courts respond. If you’ve been charged with DUI / DWI in Virginia, call The Wilson Law Firm at 888-DUI-LWYR (888-384-5997) for a free, no obligation consultation. - The Supreme Court says: Analysts are accusatory witnesses
- The Supreme Court says: Analysts, like other expert witnesses, are subject to confrontation
- The Supreme Court says: There is no Confrontation Clause exception for volunteered testimony, and by the way, these affidavits were prepared in response to a police request
- The Supreme Court says: Forensic evidence is not immune from manipulation and has problems of subjectivity, bias and unreliability
- The Supreme Court says: Affidavits made for use at trial are not traditional business records
- The Supreme Court says: It is the government’s duty to produce witnesses to prove the case at trial and that duty cannot be shifted to the accused
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Virginia Reckless Driving and Serious Traffic Offenses:
- § 46.2-869. Improper driving.
§ 46.2-869. Improper driving. - Driving without a License
In Virginia, no person shall drive a motor vehicle on a highway without a valid license. A first offense driving without a license is a Class 2 misdemeanor. - Driving on a Revoked or Suspended License
In Virginia, no person whose driver’s license has been suspended, or who has been directed not to drive by the court or DMV. - Driving Outside a Restricted License
Under Virginia law, operating or driving a motor vehicle in violation of the terms of your restricted license is a Class 1 misdemeanor criminal offense. - Leaving the Scene of An Accident - “Hit and Run”
In Virginia, leaving the scene of an accident, or “hit and run”, is a serious criminal offense that principally arises out of your failure to report. - Failure to Stop for Police – “Eluding”
In Virginia, if a police officer signals (either visible or audible) for you to stop your motor vehicle, it is a Class 2 misdemeanor for you to continue driving - Driving After Being Designated as an Habitual Offender
In Virginia, if you have been adjudicated an habitual offender, you may not drive a vehicle while your revocation is in effect. - Understanding the Penalties for Reckless Driving in Virginia
Have you been ticketed for reckless driving in Virginia? The penalties for this offense are serious and can lead to jail time, thousands of dollars in fines, and a criminal record. Do not plead guilty or try to get out of this charge on your own. Call the experienced attorneys at the Wilson Law Firm today at (800) DUI-LWYR. - Virginia Moving Violations and Point Assessments
The Virginia DMV is notified by the court when a person is convicted of a traffic offense. Certain traffic offenses are assigned demerit points. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - No Texting While Driving in Virginia
Texting while driving now illegal in Virginia. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Points and the Virginia DMV: How Long Are Convictions and Demerit Points Reflected on a Virginia Driving Record?
In Virginia motorists earn "safe driving points" and the DMV assesses "demerit points", but how long do the points and the convictions stay on the Virginia driving record? If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Points and the Virginia DMV: When Demerit Points Start to Accumulate
What happens in Virginia when a motorist begins to accumulate demerit points and what can be done to offset the assessment of demerit points by the Virginia DMV? If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Points and the Virginia DMV: How Safe Driving Points Are Earned and How Demerit Points Are Assessed
The "point system" used by the Virginia Department of Motor Vehicles is a complicated one in which motorists licensed in Virginia earn "safe driving points" for good driving and the Virginia DMV assesses "demerit points" for moving violations. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation.
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Virginia Criminal Defense:
- What are the differences in infractions, misdemeanors and felonies?
In Virginia, criminal offenses are either felonies or misdemeanors. Traffic infractions are violations of public order and they are not criminal. - 4 Critical Things a Manassas Criminal Defense Lawyer Provides
Find out the four critical things that a Manassas criminal defense lawyer at the Wilson Law Firm can do for you that will help your case results. - Arrested in Virginia? A Manassas, VA Criminal Defense Attorney May Improve Your Situation
There are many things a Northern Virginia criminal defense attorney can provide you. Read this article to find out what a lawyer does in your criminal case. - Drug Defenses a Virginia Criminal Defense Lawyer Wants You to Know About
An experienced VA criminal defense attorney may have defenses available in your case. Read this article and call a Manassas drug defense lawyer today. - Not Enough Money in Your Account? Writing Bad Checks in Virginia May Land You in Jail
Arrested for bad checks in Virginia? Find out why you need to hire an experienced Northern Virginia criminal defense lawyer immediately. - How is Burglary and Breaking and Entering Punishable in Virginia?
If you have been arrested for burglary or breaking and entering in northern Virginia, call a VA criminal defense attorney at the Wilson Law Firm at 703-361-6100 - What are the Penalties for Embezzlement Felony Charges in Virginia?
If you have been arrested for embezzlement in Northern Virginia, there may be possible defenses that an experienced criminal defense attorney can use to lessen your jail time and charges. Contact a Manassas, Virginia criminal defense attorney at the Wilson Law Firm to discuss your case at (703) 361-6100 for a free consultation. - Possible Defenses for Credit Card Fraud Offenses in Virginia
If you have been arrested for credit card theft in Virginia, there may be possible defenses that will help lower your charges. Call a Manassas, Virginia criminal defense attorney at the Wilson Law Firm to discuss your case. We can help you by investigating your case, interviewing witnesses and preparing a strong case for you. Call today at (703) 361-6100 for a free consultation. - What You Should Know About Drug Manufacturing Crimes in Virginia - Including Possible Defenses
Drug manufacturing is a criminal offense and is punishable by jail time and heavy fees. There may be defenses that an experienced drug defense attorney may use in your case to get your charges lessened. If you have been arrested for a drug crime in Virginia, you need to contact an experienced Northern Virginia criminal defense lawyer today at (703) 361-6100 for a free consultation. - Possible Defenses for a Virginia Assault and Battery Case
If you have been arrested on assault and battery charges in northern Virginia, contact the Manassas, Virginia criminal defense attorneys at the Wilson Law Firm today at (800) DUI-LWYR. Hiring an experienced lawyer who is knowledgeable in Virginia Assault and Battery law will help you fight these charges. Call today for your free consultation. - Warrantless Arrests
The question of whether officers in Virginia have authority to arrest, without a warrant, for misdemeanor criminal offenses is a complicated one which many police officers, lawyers and judges simply do not understand. - Under Virginia Criminal Law, if I am arrested will I be taken into custody or released on a summons.
The Virginia Criminal Law and Virginia Criminal Procedure relating to whether a suspect will be taken into custody and held or given a ticket (Virginia Uniform Summons) and released is complicated and requires consideration of both the severity of the offense and the specific offense alleged. - Under Virginia Criminal Law, in what circumstances can an officer arrest a suspect without a warrant?
The law in Virginia relating to an officer's authority to arrest a suspect without a warrant is complicated and involves consideration of both the severity of the alleged offense and the specific offense involved. - Distinguishing Felony, Misdemeanor & Traffic Offenses Under Virginia Criminal Law
A discussion of what the differences are between Traffic Violations, Misdemeanor Criminal Offenses and Felony Criminal Offenses under Virginia Criminal Law.
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General:
- Virginia’s Criminal Justice System: Getting Ready for the Court Case
Know what to do before your day in court for the best possible outcome. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: Being Arrested
An "arrest" begins the criminal justice process. Know what it means to be arrested in Virginia. If you’ve been charged with a criminal, traffic, Drunk Driving or Reckless Driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: Unpaid Fines, Interest & Collections
Failing to pay court fines and/costs to the Virginia court system will result in a suspended driver's license, the transfer of your case tot eh collections department and the assessment of interest. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: Fines and Costs
Following a conviction in a Virignia criminal court, you may be required to pay fines and/or costs. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: License Suspension
If a Virginia judge imposes a sentence which includes a suspension of your driver's license, you must surrender your license to the court or the DMV. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: Bond Refunds
Following the conclusion of a Virginia criminal case, bond refunds may be requested at the Clerk's office. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: Motions
Within 60 days of conviction of a Virginia criminal offense, you may file a motion to rehear. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - After Conviction: Appeal
Following a conviction of a Virginia criminal offense, you have the right to an appeal. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia Criminal Justice System: Meeting a Magistrate
Know who a magistrate is and what role he/she plays in your case. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia's Criminal Justice System: Pretrial Probation
Know what the Office of Court Services is and why you are required to visit prior to your trial. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia's Criminal Justice System: Arraignment
Know what to expect at your arraignment. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: The Court Date
Know what is important on your court date. If you’ve been charged with a criminal, traffic, or drunk driving in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: Inside the Courthouse
Know what you will see once you are inside the courthouse on your court date. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: In the Courtroom
Know who you will see and how to act in the courtroom on your court date. If you’ve been charged with a criminal, traffic, or drunk driving in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: Possible Types of Outcomes of a Criminal Case
Know what the possible outcomes of your case are. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia’s Criminal Justice System: Victims and Witnesses
Know what you should do as a victim or witness in a Virginia criminal case. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation. - Virginia Courts
The court system in Virginia is made up of District Courts, Circuit Courts, the Virginia Court of Appeals and the Virginia Supreme Court. If you’ve been charged with a criminal, traffic or drunk driving offense in Virginia, call us at 1-888-384-5997 for a free, no obligation consultation.
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The Wilson Law Firm
DUI, Criminal & Traffic Defense ...When Results Matter
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The lawyers of The Wilson Law Firm have traveled Virginia’s several interstates helping clients just like you - appearing in courts all across the Commonwealth of Virgnia - from Virginia Beach and Norfolk in the southeast, to Wise County in the southwest, all the way up I-81 to Frederick County / Winchester in the northwest, and all the way across Warren County, Fauquier County, Prince William County, and Fairfax County on the way to Arlington County and the City of Alexandria in the northeast. The Wilson Law Firm regularly serves Prince William County, the cities of Manassas and Manassas Park, the towns of Haymarket and Quantico, Fauquier County / Warrenton, Stafford County, Spotsylvania County / Fredericksburg, Loudoun County / Leesburg, Fairfax City, Fairfax County, Arlington County, the City of Alexandria, Culpeper County, Warren County / Front Royal, Clark County / Berryville and Shenandoah County.