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NOVA Legal Beat: DUI While Sleeping in Car?

by ARLnow.com | April 23, 2013 at 12:30 pm | 4,844 views | No Comments

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Editor’s Note: This new sponsored Q&A column is written by Mathew B. Tully of Tully Rinckey PLLC.

Question: A couple of weeks ago I was out with my buddies and had a few drinks. Instead of taking a cab home, I decided to take a nap in my parked car until I sobered up. The next thing I know an officer is knocking on my window, giving me a sobriety test, and arresting me for a DUI. My keys were in the ignition because I was listening to the radio, but the engine wasn’t turned on. How can I be charged with a DUI if I wasn’t even driving?

Although many assume that DUI or “driving under the influence” only involves driving, it also applies where someone is operating a vehicle — in this case, using the radio.

If you’re drunk and sitting inside the vehicle by yourself and the key is in the ignition, it doesn’t matter if the engine is on or off; this is still considered a DUI because you are “operating” the vehicle. Going even further, if the key is located within your reach or if you have a keyless ignition (push or remote start), as long as you are in a position to turn the car on, you can still be charged with a DUI.

While you may have been charged with a DUI — the circumstances are much different than a typical case where someone, for example, is pulled over while driving down Wilson Boulevard.  In any criminal or DUI case, the facts and circumstances of your particular situation will be taken into consideration in determining the severity of the penalty.

In a complicated situation like the one you’ve described, it’s important not to try and talk your way out of trouble because anything you say can be used against you. It’s best to consult with an attorney who understands DUI laws to avoid digging yourself into an even deeper hole.

Question: I was recently pulled over going 78 in a 55 zone on I-66 East. This is apparently considered “reckless driving” in Virginia. I moved to Northern Virginia from Rhode Island a few weeks ago- if I’m found guilty, will I have points on my new Va. license and will the ticket show up on a background check?

Although the meaning of the offense varies from state to state, in Virginia, “reckless driving” has nothing to do with your driving behavior apart from driving 20 mph over the speed limit.  It counts for 6 points on a Virginia driver’s license and shows up as a Class 1 misdemeanor on record.

Since you haven’t switched your license over from R.I. to Va. yet, the number of points you may or may not receive really depends on R.I. laws. If you apply and receive a Va. license before the conviction and processing of the charge, 6 points will be issued on your Va. driver’s license.

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Your Beermonger: None More Black

by ARLnow.com | April 19, 2013 at 1:00 pm | 611 views | No Comments

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Editor’s Note: This sponsored column is written by Nick Anderson, beermonger at Arrowine (4508 Lee Highway).

Nick’s Note: Like all of us, I was saddened by the terrible attack in Boston earlier this week. I just wanted to take a moment here in the forum I have to offer my condolences and best wishes to all of the victims, their families, their friends, and loved ones.

Let’s get on with it, then.

The early spring is a great time of year for craft beer fans. The warming weather brings yearly favorites made to refresh and to be shared among friends. There are also some releases in the spring that don’t quite fit in with the expected light Ales, Session beers, and Saisons. One of these is a beer craft fans know to look for as Tax Day approaches — Stone Imperial Russian Stout.

Largely unchanged since its debut in 2000, Imperial Russian Stout (or IRS, because it’s usually released around April 15th) is one of the best examples of the style made in the States. Clocking in at 10.6% ABV and 60 IBU, IRS pours coal black and settles in the glass with a dense, caramel-colored head. The aromas of coffee and cocoa jump out of the glass, with some interesting spicy notes from the yeast strain used to ferment IRS.

On the palate is where IRS sets itself among a sea of bigger, richer, and darker Imperial Stouts. The requisite chocolate, caramel, and coffee flavors that you’d expect in any fuller-bodied Stout are present, but it’s the dark fruit notes of plum and cassis along with hints of anise that make IRS extraordinary. This Imperial Stout also handles its high ABV level differently than most beers of its style. Some Imperial Stouts overwhelm with a rich mouthfeel and lots of heat from their alcohol level, while others strike such a harmonious balance that their palate feel belies the ABV of the beer. Stone takes a different tack with IRS — it has just a touch of alcoholic heat that adds some sharpness to the rich flavor while satisfying the needs of the Big Beer Drinker’s Club.

A newer tradition for Stone is the Odd Year releases. These are versions of their bigger beers with a special ingredient or process applied to them. The Odd Year releases started in 2011 with the Belgo Old Guardian and Belgo Anise Imperial Russian Stout, which saw Stone’s classic Barleywine and Imperial Stout fermented with a Belgian yeast strain with the IRS having star anise added to the tank.

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Ask Adam: Dissecting the Arlington Real Estate Market

by ARLnow.com | April 16, 2013 at 1:15 pm | 1,735 views | No Comments

This regularly-scheduled sponsored Q&A column is written by Adam Gallegos of Arlington-based real estate firm Arbour Realty, voted one of Arlington Magazine’s Best Realtors of 2013. Please submit follow-up questions in the comments section or via email.

Question: I’ve heard that the Arlington real estate market it is in full rebound.  Is that the case for the entire Arlington market or just certain price ranges or types of homes? 

Personally, I’ve been experiencing a high amount of activity in every segment of the Arlington real estate market since the start of 2013.  In order to answer your question I am going to dissect the actual sales data from the local MLS for the first quarter of 2013.

First I am going to break down the various price points by the number of sales that occurred, average days on market (DOM) and the average list price to sales price ratio.

Ask Adam DOM Chart Ask Adam Ratio Chart

Some observations based on this data:

  • The heaviest concentration of sales lie below $700,000. This is not a surprise.  This is the portion of the market that is affordable to the greatest number of home buyers in Arlington.
  • The price ranges with the fewest average days on market are $300,000-$400,000 and $600,000-$700,000.  These two price ranges are the “sweet spots” for newer 1 and 2 bedroom condos along the Orange Line.  It’s a portion of the market that is on fire right now.
  • It’s amazing to me that the average sales price to list price ratio is above 99% for homes between $300,000 and $800,000.  If you are entering the market as a buyer, set your expectations accordingly.

A common misconception among people new to Arlington real estate is that 1 bedroom condos are going to be a lot harder to sell than 2 bedroom condos.  This simply is not the case. It’s true that more people would prefer 2 bedrooms, but fewer people can afford them.  The result is that they both do pretty well.

Ask Adam Condo Chart

  • You can see that 1 bedrooms just barely edge out 2 bedrooms on the number of sales.  I think this delta could be larger, but there are simply not enough 1 bedroom condos on the market to satisfy demand right now.
  • 1 Bedroom condos are selling a little quicker on average, but the sales price to list price ratios are almost identical.

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Your Beermonger: A Healthy Outlook for Craft Beer

by ARLnow.com | April 5, 2013 at 11:00 am | 865 views | No Comments

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Editor’s Note: This sponsored column is written by Nick Anderson, beermonger at Arrowine (4508 Lee Highway).

Last week about 6,400 beer professionals converged in Washington for the 2013 Craft Brewers Conference. The CBC is a yearly event organized by the Brewers Association, the trade association that represents the interest of craft breweries in America. The CBC is usually held in San Diego but with BA’s other signature event SAVOR being held in New York instead of D.C. this year, we got to host the Conference instead. The whole week featured speeches, lectures, exhibitions, and some awfully cool events at local bars, breweries, and restaurants…and I missed them all. That’s life in retail for you.

The news coming out of CBC, however, was encouraging for all of us in the industry. The BA released some figures from its upcoming full analysis of 2012, and the numbers show a continued trend of growth for craft beer: there are now 2,403 total breweries in the U.S., an 18% increase over 2011. The volume share of craft beer went from 5.7% to 6.5% and the dollar share of sales went up 17%, compared to the 1% growth of the overall U.S. beer market. Over 108,000 Americans work in the craft beer industry, representing a gain of nearly 5,000 jobs in 2012.

Delivering the CBC keynote address, New Belgium Brewery President Kim Jordan discussed the realities of the growing craft beer world; among those being the importance of keeping quality standards as breweries grow larger, and the inevitable toll that growth along with the ever-rising number of craft breweries will take on resources as varied as hops, malts, staff, and shelf space. “Our influence is outsized for our growth rate” Jordan said; a statement equal parts state-of-the-industry and warning.

For now though, craft beer is on the rise and from my own modest corner of the business I just wanted to say thanks to all of you out there for the amazing growth we’ve seen in Arrowine’s beer department. With more local breweries coming online over the next couple years and the continued growth of already-established ones, I’m excited to see what the next few years bring.

Anyone get out to CBC or any of the beer dinners/tap takeovers/special events last week? Let’s hear about them in the comments; also if anyone has any general beer questions leave them here and I’ll do my best to answer. Until next time.

Cheers!

Nick Anderson maintains a blog at www.beermonger.net, and can be found on Twitter at @The_Beermonger. Sign up for Arrowine’s money saving email offers and free wine and beer tastings at www.arrowine.com/mailing-list-signup.aspx. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

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Ask Adam: Exclusive Buyer Agreements

by ARLnow.com | April 2, 2013 at 10:55 am | 858 views | 21 Comments

This regularly-scheduled sponsored Q&A column is written by Adam Gallegos of Arlington-based real estate firm Arbour Realty, voted one of Arlington Magazine’s Best Realtors of 2013. Please submit follow-up questions in the comments section or via email.

Question:  I recently made an inquiry with a realtor and they asked me to sign an exclusive buyer’s agreement before putting in an offer. I am curious if that is a standard practice with your company as well. While I am not “actively” looking at properties, I do want to have the ability to put in an offer for a property.

Previously, we were only required to have an exclusive agreement in place when working with sellers. Individual agents and firms were free to set their only policies regarding exclusive buyer agreements. On July 1, 2012, the Virginia Agency Law was revised, now requiring all Virginia real estate agents and brokers working with a home buyer to have an exclusive buyer’s agreement in place.

We are not supposed to show homes, write contracts or otherwise act as a real estate agent on your behalf without having such an agreement in place. I’m quite certain that the intention of the agency law changes are to protect consumers. Three primary protections the agreement provides to home buyers are included in the Broker’s Duties paragraph:

  1. The agent/broker must disclose to the purchaser all material facts related to the property or concerning the transaction of which they have actual knowledge.
  2. The agent/broker must maintain the confidentiality of all personal and financial information and other matters identified as confidential by the purchaser.
  3. The agent/broker must account for in a timely manner all money and property received in which the purchaser has or may have an interest.

Agents / brokers also agree to comply with fair housing laws.

The primary duty of the purchaser is to work exclusively with the broker during the terms of the agreement.

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Your Beermonger: The Coming Wave of Everyday Craft Beer

by ARLnow.com | March 22, 2013 at 1:30 pm | 1,269 views | 32 Comments

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Editor’s Note: This sponsored column is written by Nick Anderson, beermonger at Arrowine (4508 Lee Highway)

A few weeks back while writing about the evolving craft beer market, I mentioned the growing demand for more ‘everyday’ brews; beers that friends could bring to spring/summer barbecues and throw in the cooler for any and all to enjoy. Since then I’ve had more than a few customers come into the store asking which beers I meant in particular when I wrote that, so let me give you a preview of things to come as the weather finally starts to warm up again.

A trend is forming in lower-ABV hoppy Ales, which will only grow more prominent this year. Aside from the always enjoyable Bitter American from 21st Amendment (dry-hopped English Special Bitter, 4.5% ABV), Founder’s Brewing has finally started shipping its excellent All-Day IPA to Virginia. At 4.7%, it’s probably more accurate to call All-Day a Pale Ale but the IPA name does draw attention. The combination of its light, minerally body with a focused hop character make All-Day pretty irresistible regardless of how it’s classified. Look for All-Day to be available until sometime in September. Schlafly Pale Ale is also now regularly available for those looking for a classic English-style Pale. At 4.4% ABV with grassy hops and clean palate feel, Schalfly Pale can please just about any crowd. Rumors have Devils Backbone packaging the lower-ABV version of its wonderful, balanced Eight Point IPA—appropriately called Four Point IPA—sometime this summer, along with a possible canning run of Striped Bass Pale Ale. In the meantime, I can’t recommend their current short-release sixer The Congo enough. An IPA fermented with a Belgian yeast strain, The Congo exhibits restraint compared to other Belgian IPA-style beers, many of which tend to have either an exaggerated yeast character, hop profile, or both.

Those looking for Belgian-styled beers should try the newly released Swing, from Victory Brewing Company. Swing is a Saison that clocks in at 4.5% ABV, with black and Szechuan peppercorns bringing more dryness than spice to its finish. Newly arrived is Saison de Lis from St. Louis’ Perennial Artisan Ales; at 5.0% and brewed with chamomile flowers it’s a great introduction to Perennial’s lineup. Also back in stock right now is Stillwater’s Premium, my favorite new beer of 2012. Another 4.5% Ale, Premium uses two brettanomyces wild yeast strains to make for what may be the funkiest session Ale out there right now. A non-brett version of Premium called Classique has popped up on tap around the area. I got to try Classique recently during Stillwater’s tap-takeover night at Pizzeria Paradiso in Old Town: it doesn’t lack for character and if rumors pan out we may just see some canned six-packs this year. Sour fans: don’t miss out on Timmerman’s Blanche Lambicus—it’s 4.5% ABV, spiced in the manner of a Witbier, and I’m not sure how long it’ll last. Also don’t forget my go-to session beer of choice, the 4.0% Bell’s Oarsman Ale.

Speaking of Bell’s, next week sees the return of the ever-popular Oberon Ale which will keep fans refreshed through the summer; and if everything goes the way it’s supposed to this week, then by the time you read this we’ll be seeing the first shipment of Abita’s Strawberry Harvest Lager hitting area shelves. Last but certainly not least we have Port City’s Downright Pils, one of my favorite new beers of last year and a great example of an approachable craft beer that everyone can enjoy.

So hang on out there; the warm weather will be here soon and there will be a lot to look forward to beer-wise during the spring and summer, even if we find ourselves cursing the heat and humidity before the summer officially starts. Until next time.

Cheers!

Nick Anderson maintains a blog at www.beermonger.net, and can be found on Twitter at @The_Beermonger. Sign up for Arrowine’s money saving email offers and free wine and beer tastings at www.arrowine.com/mailing-list-signup.aspx. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

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