Richmond Virginia Lawyers

One Minute Video on What is Reckless Driving in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Thu, 24 Oct 2024 20:29:25 GMT

Brief Overview on What is Reckless Driving in Virginia

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Does Reckless Driving Stay on Your Record

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 14 Feb 2024 07:01:17 GMT

How Long Does Reckless Driving Stay on Your Record

The short answer to this question is that reckless driving stays on your criminal record forever if you are found guilty. It does not go away and it cannot be expunged. Reckless driving offenses can remain on your record forever. If you do not obey the speed limit and the traffic laws they can stay on your record.

In Virginia, reckless driving is classified as a class 1 criminal misdemeanor. A conviction of reckless driving will result in a permanent criminal record for the misdemeanor. There is currently no way to expunge a criminal misdemeanor in Virginia for reckless driving .

When Does Reckless Driving Fall Off? How Long Is Reckless Driving On Your Record?

As noted, the criminal aspect of your record is one thing. Your driving record is a different story. Does reckless driving go on your record? When you get speeding tickets or other traffic violations that are not misdemeanors, those only impact your driving history and your driving record.

They can often result in points on your driving record, and they can impact insurance rates. However, your criminal record is separate and different from your driving record.

Because reckless driving is considered a misdemeanor offense, it will leave you with a permanent criminal record if you do not get the charge reduced or dismissed. That can have lifelong consequences that include employment and insurance consequences.

How will your insurance company view a conviction for the criminal offense of reckless driving? How will it impact your driving privileges? How long will it stay on your record?

There are a lot of potential issues with reckless driving in Virginia. It is even more complicated if you are not licensed in Virginia.

Virginia answers the question, How long does a reckless stay on your record?

However, your home state if you are not licensed in Virginia, will decide whether or not to suspend your driver's license. So if you are licensed in a different state, your home state will decide whether or not you can continue to drive after a reckless driving conviction.

Every state is different. Some states have automatic license suspensions for reckless driving. Some states like North Carolina and Massachusetts even suspend for simple traffic infractions.

Contact an experienced Virginia reckless driving lawyer who may be able to help you get the charge reduced or dismissed before it is too late. If you have a clean driving record you may be able to get a charge of reckless driving reduced or dismissed. A reckless driving conviction is a serious offense that carries the potential for jail time and it can add a number of points to your driving record with the department of motor vehicles.

What Should I Do?

Anyone charged with reckless driving in Virginia should immediately contact a Virginia traffic lawyer. We offer free consultations for reckless driving and Leavitt & Martin can advise you on the best path forward.

Many judges in Virginia will consider helping out and we can get most charges reduced or dismissed. Sometimes there are things you can do before your court date that will help in court. Taking a proactive approach will often minimize the chances that you have lifelong consequences for reckless driving.

Call us at 804-873-4004 for a free consultation today. We will provide you with an honest evaluation of your case and you will speak with an attorney directly.

How Much Does a Reckless Driving Lawyer in Virginia Cost

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 14 Feb 2024 04:22:41 GMT

What Determines the Cost for a Reckless Driving Lawyer in Virginia?

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Pleading Guilty to Reckless Driving in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 14 Feb 2024 03:38:33 GMT

Options to Plead in Virginia Reckless Driving Cases

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What to Say in Court for Reckless Driving

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 14 Feb 2024 03:11:04 GMT

What Should You Say in Court for Reckless Driving?

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Hopewell Virginia's Million Dollar Mile Updated 2024

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 14 Feb 2024 01:44:35 GMT

Virginia Million Dollar Mile Update

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DWI vs. DUI in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Thu, 08 Feb 2024 04:50:41 GMT

Which is Worse, DWI vs. DUI in Virginia

This is a frequently asked questions, "what is the difference between a DWI and a DUI in Virginia?" Is DWI worse than DUI?

Virginia's terminology may differ from other states, but the short answer is that DWI stands for DRIVING WHILE INTOXICATED and DUI means DRIVING UNDER THE INFLUENCE. They both mean THE SAME THING IN VIRGINIA. There is no difference between the two. You can refer to a DUI charge as a DUI charge in Virginia or as a DWI charge. Both terms in Virginia, DWI/DUI, refer to an alleged violation of Virginia DWI/DUI law 18.2-266 .

The title of the law refers to DRIVING WHILE INTOXICATED or DWI, but the body of the law refers to DRIVING UNDER THE INFLUENCE or DUI. So there is no difference in Virginia between DWI and DUI they both prohibit driving while intoxicated OR under the influence of alcohol, drugs, or a combination of either.

For more information on Virginia DWI/DUI laws and the consequences of a DWI/DUI in Virginia READ MORE INFORMATION HERE .

Most Important Drinking and Driving Laws in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 07 Feb 2024 20:41:01 GMT

MOST IMPORTANT VIRGINIA DUI LAWS FOR DRINKING AND DRIVINUG

The most common and important Virginia DUI and DWI laws are found here. I will go over the most common and important Virginia drinking and driving laws. FYI, in Virginia the terms DUI and DWI are used interchangeably and mean the same thing.

General Prohibition Against Driving While Intoxicated from Alcohol, Drugs, or any Combination 18.2-266

This ( 18.2-266 ) is the main prohibition against drinking and driving in Virginia. It prohibits driving while under the influence of alcohol, legal and illegal drugs, and any combination thereof. It prohibits driving while "intoxicated" or while being "under the influence" of. Generally with alcohol in most cases it will be at a level of .08 or higher because there is a presumption of intoxication at a .08 and up.

Importantly, this Virginia drinking and driving law applies on BOTH public and private property. It is a crime of "general applicability" unlike reckless driving which generally is mostly public highways. There are nuances to this. For instance, the IMPLIED CONSENT law only applies to arrests from driving on public highways. And while mopeds are considered motor vehicles for Virginia DUI/DWI they are only motor vehicles if driven on public highways.

The Virginia DUI/DWI law applies to MOTOR VEHICLES, ENGINES, and TRAINS.

"BABY DUI" FOR PERSONS UNDER 21 YEARS OLD

Commonly referred to as a "baby DUI" this law (18.2-266.1) has pretty much the same teeth as a regular DUI. This law is interesting in that it prohibits driving after illegally consuming alcohol with a BAC between .02 and .08. So if you are below a .02 it does not apply. It also does not apply if you are ABOVE a .07. So in reality, the regular Virginia DUI law should apply if someone under 21 is guilty of driving with a .08. I have seen this law charged incorrectly where the person was under 21 but the BAC was at .10 or above. Clearly this law does not apply in that scenario.

This Virginia DUI law only applies after ILLEGALLY consuming alcohol for persons under 21. Keep in mind there are legal ways for persons under 21 in Virginia to consume alcohol and this law only applies to ILLEGAL consumption. And the BAC level is extremely low. The idea is someone under 21 should not drive at all after consuming any alcohol at all.

Penalties for a "baby DUI" are the same or worse as a normal DUI.

IMPLIED CONSENT AND REFUSAL LAWS

In Virginia, if you drive on a PUBLIC ROAD there is implied consent that you consent to having your blood or breath analyzed if you are arrested on suspicion of driving under the influence AND THE ARREST HAPPENS WITHIN THREE HOURS of the driving. Take a look at the Virginia Implied Consent (18.2-268.2) and Virginia Refusal Laws (18.2-268.3) .

There are TWO MAIN DEFENSES or issues that frequently arise with IMPLIED CONSENT/REFUSAL in Virginia. Some lawyers and/or prosecutors do not think to look at this issue but it is important. If implied consent DOES NOT APPLY then you MAY BE ABLE TO GET YOUR BAC THROWN OUT.

As you will see, Virginia DUI law states there is a PRESUMPTION you are intoxicated at a .08 or above. That is why MOST DUI cases involve a BAC at .08 or higher. There is a presumption of intoxication at .08 and most judges treat that as gold. It is challenging to win a case in Virginia if the BAC is .08 or higher and that comes in.

Also, elevated BAC means MANDATORY jail time in Virginia for your DUI even a first DUI in Virginia. Elevated BAC in Virginia is .15-.20 and that is a mandatory 5 days in jail, even for a first offense if you are found guilty at that level. Above .20 it is a MANDATORY ten days in jail, even for a DUI first in Virginia.

MAIN DEFENSES FOR IMPLIED CONSENT OR REFUSAL

Can the Commonwealth Prove You Were Operating on a Public Highway

I have won cases where my client was parked in a private parking lot. Implied consent only applies to public highways. So if the operation was on private property then applied consent does NOT apply, and the BAC should be thrown out. This does not automatically mean you win your case, it simply means the BAC is thrown out and there is not presumption of intoxication. It can also be important if the BAC is elevated then it means there is no MANDATORY JAIL TIME for elevated BAC because there is no BAC.

Can the Commonwealth Prove You Were Arrested Within 3 Hours of Driving on a Public Highway

The timing issue is important, particularly with single vehicle accidents. I had a client charged with an elevated BAC that carried mandatory jail time. He got in an accident but he immediately got out of his car after the accident. While he admitted to driving on the road, he importantly did NOT SAY WHEN he drove on the road. Since there were no witnesses to the accident, they had to get rid of the BAC and therefore the mandatory jail time.

Did the Officer Read the Implied Consent Form, and Then you Refused After

There is a form officers are required to read you, informing you of your right to refuse the BAC test and the consequences thereof. The timing here is important. Most officers will ask you if you are willing to take the BAC or blood test BEFORE reading the form. Then they usually read the form. Legally the officer should thereafter ask you again (particularly if you initially refused) if you will take the BAC or blood test. So if you are charged with refusal, it should ONLY be AFTER you have been read the implied consent form. Some officers do not follow this procedure and if they do not you have a strong legal defense to the refusal.

VIRGINIA DUI PRESUMPTIONS OF ALCOHOL OR DRUG CONTENT IN BLOOD

Virginia DUI law relating to PRESUMPTIONS (18.2-269) . As noted above, MOST jurisdictions will not charge DUI in Virginia below a .08. The reason is that if the alcohol in your blood is .05 or below there is actually a presumption you are NOT intoxicated.

If your BAC is .06-.07 there is NO PRESUMPTION of intoxication, and many judges are skeptical of someone charged with DUI in Virginia at this level. Either way, you have a MUCH STRONGER case with a lower BAC.

Conversely, at a .08 or up there is a PRESUMPTION you were driving intoxicated and under the influence of alcohol. With most judges in Virginia, they treat this as a STRONG PRESUMPTION. The closer you are to .08 the better I would say as some judges are receptive to legal defenses, especially with lower BAC levels if the facts of the case are not bad.

VIRGINIA DRINKING AND DRIVING LAWS, PENALTIES FOR DUI IN VIRGINIA

The penalties for Virginia drinking and driving are found in this Virginia DUI law (18.2-270). This is one of the most important Virginia DUI laws and it lays out the penalties for drinking and driving in Virginia. You can think of DUI in Virginia in a layered manner. There is generally a hierarchy of charges from the least serious to the most serious in Virginia DUI law:

FELONY DUI, THREE DUI CONVICTIONS WITHIN TEN YEARS (extremely serious charges, usually requires jail)
SECOND OFFENSE DUI CONVICTIONS ARE MISDEMEANORS AND NOT FELONIES (very serious charge, often requires jail)
FIRST OFFENSE DUI CONVICTIONS ARE MISDEMEANOR (still serious and can still require jail time, but less serious than a second or third offense)

Within each category the BAC level can impact the case significantly and/or the presence or absence of legal defenses. Also, the facts matter. Virginia DUI cases are extremely FACT SENSITIVE to judges and prosecutors. A first offense checkpoint DUI case with no driving behavior and a .08 BAC is different than a first offense where someone was driving 90 mph and wrecked the vehicle and seriously hurt passengers, with a .16 BAC.

Here are some of the important aspects to Virginia DUI law relating to the DUI pena lties in Virginia:

FIRST OFFENSE DUI IN VIRGINIA

A Virginia first offense DUI is classified as a class 1 criminal misdemeanor. As such, it carries a maximum fine of $2500, and up to one year in jail. It also requires a license suspension of 1 year and ignition interlock if a restricted license is granted. A fine of $250 is mandatory for first offense DUI in Virginia. There is also a mandatory referral to Virginia Alcohol Safety Action Program (VASAP) which has its own fees and costs.

Thus the range of punishment if you are convicted of a first DUI in Virginia is at a minimum:

$250 fine up to $2500 maximum but most locations they do the $250 minimum fine for a first offense
referral to VASAP
license suspension for 1 year and eligible for restricted driver's license
ignition interlock
jail time 0 days up to 12 months (elevated BAC convictions require 5 days for .15-.20 and 10 days over .20)

The likelihood of jail time for a first offense is related to how much endangerment there is on a given case, and also what judge/prosecutor you get and if there is a legal defense to your case.

SECOND OFFENSE DUI IN VIRGINIA WITHIN 5 YEARS

Second offense DUI's in Virginia require a mandatory 20 days in jail and that is a mandatory minimum. The maximum is still up to one year, but 20 days are mandatory minimum for a conviction of a second offense DUI within 5 years. In addition, the fine amount that is a mandatory minimum goes up to $500 and the license suspension is for 3 years and not 1 year. You cannot petition for a restricted license right away either. And there is the referral to VASAP.

SECOND OFFENSE DUI IN VIRGINIA WITHIN 10 YEARS

The mandatory minimum jail sentence is 10 days for a second offense DUI in Virginia within 10 years. The license suspension is for 3 years upon conviction and you cannot immediately petition for a restricted license. The fine is a mandatory minimum of $500 although it is a maximum of $2500. There is still a referral to VASAP.

THIRD OFFENSE DUI IN VIRGINIA WITHIN TEN YEARS

Virginia DUI's are the most serious for third offense within ten years. This becomes a class 6 felony, which carries up to 5 years in jail. The license suspension is much more serious and so is the mandatory jail sentence and the fine.

EVERY DUI IN VIRGINIA CAN BE EITHER REDUCED, DISMISSED OR OTHERWISE AMENDED TO A LESSER CHARGE AFTER A TRIAL WITH A JUDGE OR BY AGREEMENT WITH THE PROSECUTOR

It is important to know that just because you stand CHARGED with an offense, you have not been convicted. The location of your Virginia DUI makes a big difference because that determines who your judge is and who your prosecutor will be. Hiring an excellent Virginia DUI lawyer can make a big different to your case. The goal is to poke as many holes as you can in the case and to locate any and all potential legal defenses. This can take creativity and persistence.

However, by locating legal defenses you INCREASE the chances of getting the best outcome possible. Leavitt & Martin has COMPLETELY WON DUI cases before after a full trial in general district court based on legal defenses. And they were SERIOUS DUI cases. We have also had serious DUI CASES reduced or amended to charges such as reckless driving and even improper driving. This can impact careers, dmv points and insurance, and also license suspensions. Every Virginia DUI case is truly unique and hinges on a lot of different factors. A good DUI attorney in Virginia will get as much information as possible and try to locate any and all potential defense to leverage that for a better outcome.

How Likely is Jail Time for a First DUI in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 07 Feb 2024 18:58:36 GMT

First DUI in Virginia Likelihood of Jail Time

There are FOUR main factors in your DUI first in Virginia that increase the likelihood of jail time:

JURISDICTION/LOCATION of your DUI
ENDANGERMENT LEVEL
BAC LEVEL
LACK OF LEGAL DEFENSE

JURISDICTION/LOCATION of DUI

Every jurisdiction is different in how they treat DUI offense, even first offenses. Some are a bit easier than others, and others are more strict about DUI offenses. The location or jurisdiction is important because it determines who your particular judge will be, and it also determines who your prosecutor will be.

When it comes to a DUI in Virginia, the prosecutor will determine whether to offer a plea agreement or not, and if so what that plea agreement will look like. So the prosecutor will have a say in what OFFER is made, if any. They are also important in determining how they view your case, and any potential legal defenses.

The judge will determine whether to accept or reject any proposed plea agreement. They will also determine your guilt or innocence if you decide to plead NOT GUILTY. And they will sentence you if there is no plea agreement and you are found guilty of DUI or DUI first in Virginia.

ENDANGERMENT LEVEL

This is probably the most important factor to consider when looking at the likelihood of jail time for a first DUI in Virginia. Both the judge and the prosecutor will consider this. You can think of endangerment as a spectrum. On the one end you may have a Virginia DUI case with no endangerment really. This would be a checkpoint stop where you drive through a checkpoint. The officer notices the smell of alcohol and asks you to take a breath test and you blow a .08 which is about the lowest level MOST officers charge DUI at. These cases do not involve a lot of endangerment because there is no driving behavior, weaving or tailgating and the BAC is very low. This would also be a case where someone MAY want to contest in court and MAY win based on the lack of evidence. So the endangerment is low, AND your have more legal defenses.

At the other end of the spectrum are cases where there is driving behavior such as weaving, tailgating, higher speeds, and there could be an accident as well. Accidents increase the endangerment level. If you have a higher speed accident that is even worse. And to top it all off you may have a high speed accident, with passengers and serious injury. And you can also have a higher BAC. The likelihood of jail is GREATLY increased for accident cases.

BAC LEVEL

BAC means your blood alcohol level. In Virginia if you are convicted of a DUI or a first DUI in Virginia your BAC plays a role in how the judge and prosecutor view your case. The lower the BAC the better. Many locations consider reducing or amending a Virginia DUI to a lesser charge where the BAC is .08-.10. That is a lower BAC level. It does not mean every Virginia DUI is reduced or amended at that BAC but the likelihood of a better result increases the lower the BAC level.

If you are found guilty of a BAC between .15-.20 the JUDGE MUST GIVE YOU JAIL TIME. This range, even for a first DUI in Virginia requires a MANDATORY MINIMUM 5 days in jail. Some judges will go above that but the MANDATORY MINIMUM is 5 days.

If you are convicted of a BAC above .20 so starting at .21 and up, it is 10 MANDATORY DAYS IN JAIL for a DUI first in Virginia.

LACK OF LEGAL DEFENSE

It is VERY important that you hire a specialized traffic lawyer who is WELL VERSED in VIRGINIA DUI LAW. At Leavitt & Martin, we have plead NOT GUILTY and won DUI cases in Virginia at elevated levels and also second offenses and more. These are cases that involved 20 days in jail or more and OUR CLIENTS WON their case.

If there is no legal defense, it can definitely impact what offer, if any the prosecutor makes. Prosecutors are LESS LIKELY to offer you no jail or a better outcome if you do not have a legal defense.

EXAMPLE: In Henrico, Virginia which is near Richmond, my Virginia DUI client was charged with a DUI with a highly elevated BAC of .24. The prosecutor offered the mandatory minimum, which for him was TWENTY DAYS IN JAIL. Based on an excellent legal defense, we entered a plea of NOT GUILTY. This scared the prosecutor because she was not prepared to try her case. She requested a continuance and we objected to that since we were in court and ready. The judge granted the continuance as they usually do.

The prosecutor then apparently reviewed the case more and realized we were serious about our legal defense and SHE OFFERED TO REDUCE THE CHARGE WITH NO JAIL AND NO LICENSE SUSPENSION JUST A FINE. To be frank, I think we would have won if we went to court but there was a risk the prosecutor could win and if she won my client would have gone to jail for 20 days. So my client accepted the plea agreement.

HIRE A SKILLED VIRGINIA DUI LAWYER

You will want a skilled Virginia DUI lawyer who can thoroughly evaluate your case and its merits, or lack thereof. I have had plenty of cases where I could build some level of legal defense. In fact, I would say that in MOST DUI cases I handle there is SOME legal defense. It is more a question of how strong the legal defense is.

But MOST CRIMINAL DEFENSE LAWYERS IN VIRGINIA DO NOT KNOW OR UNDERSTAND VIRGINIA DUI LAW. I once had an experienced criminal defense attorney talk about how DUI defense is holding hands with the client and that is all. I could not disagree more. Most DUI cases in Virginia are somewhat built on administering the STANDARDIZED FIELD SOBRIETY TESTS and believe it or not, but MOST POLICE OFFICERS DO NOT KNOW HOW TO PROPERLY administer these tests according to NHTSA standards.

Contact Leavitt & Martin for a free consultation at 804-873-4004.

NEW KENT JDR COURT 96 MPH RECKLESS DRIVING

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 31 Jan 2024 20:53:08 GMT

LEAVITT & MARTIN NEW KENT RECKLESS DRIVING REDUCED 96 MPH

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Chesterfield, Virginia DWI: Ultimate Guide

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 15 Nov 2023 19:38:40 GMT

Guide to Chesterfield, Virginia DWI

Chesterfield, Virginia DWI Defense: Your Ultimate Guide

Driving while intoxicated (DWI) is a serious offense in Chesterfield, Virginia, with severe legal consequences. If you find yourself facing a DWI charge in Chesterfield, it's crucial to understand the legal process and the options available for your defense.

Understanding DWI Laws in Chesterfield, Virginia

In Chesterfield, Virginia, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The state has strict penalties for individuals convicted of DWI, including fines, license suspension, and even jail time for repeat offenders.

The Importance of Legal Representation

When charged with a DWI in Chesterfield, seeking legal representation is paramount. An experienced DWI defense attorney can provide invaluable support and guidance throughout the legal process. They can assess the details of your case, advise you on your rights, and develop a strategic defense tailored to your specific situation.

Building a Strong Defense

There are various defense strategies that can be employed in Chesterfield, Virginia to challenge DWI charges. These may include questioning the validity of field sobriety tests, challenging the accuracy of breathalyzer results, and examining the circumstances of the traffic stop.

Potential Consequences of a DWI Conviction

The consequences of a DWI conviction in Chesterfield, Virginia can be severe and far-reaching. In addition to fines and potential jail time, individuals may face license suspension, mandatory alcohol education programs, and increased insurance premiums. A DWI conviction can also have a lasting impact on one's personal and professional reputation.

Seeking Alternative Resolutions

In some cases, it may be possible to pursue alternative resolutions to a DWI charge in Chesterfield. This could include plea bargaining for a reduced charge, participation in diversion programs, or seeking a restricted license to allow limited driving privileges.

The Role of an Experienced DWI Defense Attorney

Navigating the legal complexities of a DWI charge in Chesterfield, Virginia can be daunting without the right legal representation. An experienced DWI defense attorney can provide the knowledge and advocacy needed to pursue the best possible outcome for your case.

Conclusion

Facing a DWI charge in Chesterfield, Virginia is a serious matter that requires immediate attention and a proactive approach to defense. By understanding the laws, seeking legal representation, and exploring defense strategies, individuals can work towards minimizing the potential consequences of a DWI charge. If you or someone you know is facing a DWI charge in Chesterfield, it's essential to reach out to a qualified DWI defense attorney to protect your rights and build a strong defense.

Powhatan, Virginia DWI Defense

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 15 Nov 2023 19:15:55 GMT

Understanding Powhatan, Virginia DWI Defense: What You Need to Know

Driving while intoxicated (DWI) is a serious offense in Powhatan, Virginia, with severe legal and financial consequences. If you're facing a DWI charge in Powhatan, it's crucial to understand your rights and legal options. In this blog post, we'll explore the key aspects of DWI defense in Powhatan, Virginia, and provide valuable insights into navigating the legal system.

The Legal Framework

In Powhatan, Virginia, the legal blood alcohol concentration (BAC) limit for non-commercial drivers is 0.08%. If you're found to be driving with a BAC at or above this limit, you can be charged with a DWI. The penalties for a DWI conviction can include fines, license suspension, and even jail time, especially for repeat offenses.

Building a Strong Defense

When facing a DWI charge in Powhatan, it's essential to seek the assistance of a qualified attorney who specializes in DWI defense. An experienced attorney can assess the specifics of your case and develop a strong defense strategy. This may involve challenging the validity of the traffic stop, questioning the accuracy of field sobriety tests, or disputing the reliability of breathalyzer or blood test results.

Legal Options

In Powhatan, Virginia, individuals charged with DWI have legal options that can help mitigate the consequences they face. For instance, plea bargaining may be an option to reduce the charges or penalties. Additionally, first-time offenders may be eligible for a restricted license that allows limited driving privileges for work, school, or medical appointments.

The Importance of Legal Representation

Navigating the complexities of DWI defense in Powhatan, Virginia, can be daunting without proper legal representation. An attorney with in-depth knowledge of Virginia's DWI laws and local court procedures can provide invaluable guidance and support throughout the legal process. From gathering evidence to representing you in court, having a skilled attorney by your side can significantly impact the outcome of your case.

Conclusion

Facing a DWI charge in Powhatan, Virginia, is a serious matter that requires a proactive and strategic approach. By understanding the legal framework, seeking expert legal representation, and exploring your legal options, you can effectively navigate the challenges associated with DWI defense. Remember, swift action and informed decision-making are crucial in protecting your rights and securing the best possible outcome in your case.

Greensville, Virginia Reckless Driving

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 15 Nov 2023 19:00:49 GMT

Reckless Driving in Greensville, Virginia: Understanding the Risks and Consequences

Greensville, Virginia, a picturesque town nestled in the heart of the state, is known for its charming streets and scenic beauty. However, like many communities, Greensville is not immune to the dangers of reckless driving. Reckless driving poses a serious threat to the safety of residents and visitors alike, and it's important to understand the risks and consequences associated with this behavior.

The Impact of Reckless Driving

Reckless driving encompasses a wide range of dangerous behaviors on the road, including speeding, aggressive driving, distracted driving, and driving under the influence of alcohol or drugs. These actions not only jeopardize the lives of the drivers themselves but also endanger the lives of pedestrians, cyclists, and other motorists.

In Greensville, reckless driving incidents can lead to devastating consequences such as severe injuries, loss of life, property damage, and emotional trauma. The impact of reckless driving reverberates throughout the community, affecting families, friends, and the overall sense of safety and well-being.

Legal Ramifications

In Virginia, reckless driving is a serious offense with legal ramifications. The state defines reckless driving as driving in a manner that endangers the life, limb, or property of others. This can include driving at excessive speeds, racing on public roads, and other forms of aggressive or negligent behavior behind the wheel.

Individuals convicted of reckless driving in Greensville, Virginia, may face harsh penalties, including fines, license suspension, mandatory driving improvement classes, and even imprisonment in severe cases. These legal consequences serve as a deterrent and a means of holding reckless drivers accountable for their actions.

Community Safety and Awareness

To combat reckless driving in Greensville, community engagement and awareness are crucial. Local law enforcement agencies, traffic safety organizations, and community leaders play a vital role in promoting safe driving practices and educating the public about the dangers of reckless behavior on the road.

By organizing educational events, distributing informational materials, and implementing traffic safety initiatives, the community can work together to foster a culture of responsible driving and prioritize the safety of all road users. Through collaborative efforts, Greensville can strive towards creating a safer and more secure environment for everyone.

Personal Responsibility

Ultimately, every individual shares the responsibility of promoting safe and responsible driving practices. Whether you're a resident, visitor, or commuter passing through Greensville, it's essential to prioritize safety behind the wheel and adhere to traffic laws and regulations.

By refraining from reckless behaviors such as speeding, aggressive maneuvers, and driving under the influence, individuals can contribute to the overall well-being of the community and reduce the incidence of traffic-related accidents and injuries. It's a collective effort that begins with personal accountability and a commitment to upholding safe driving standards.

Conclusion

Reckless driving is a pervasive issue that demands attention and action in Greensville, Virginia, and communities across the nation. By understanding the impact of reckless driving, recognizing the legal ramifications, fostering community safety and awareness, and embracing personal responsibility, we can work towards creating a safer and more harmonious environment on the roads.

Through ongoing education, advocacy, and collaborative efforts, Greensville can strive to mitigate the risks associated with reckless driving and pave the way for a future where every individual can travel the roads with confidence, knowing that their safety is a top priority. Let's come together to drive change and ensure that Greensville remains a haven of tranquility and security for all.
By promoting safe driving practices and fostering a culture of responsibility, we can make a meaningful impact on the overall safety of our community. It's important for everyone to recognize the role they play in creating a secure environment on the roads and to take proactive steps to prioritize safety in their daily driving habits. Through continued collaboration and advocacy, we can work towards a future where reckless driving is no longer a pervasive issue in Greensville and beyond.

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Reckless Driving in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 22 Mar 2023 21:29:01 GMT

Guide to Reckless Driving in Virginia

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Chesterfield, Virginia DWI and DUI

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 22 Mar 2023 21:24:44 GMT

This is a subtitle for your new post

If you are facing a DUI charge in Chesterfield, Virginia, it is important to contact an experienced attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you in court. Leavitt & Martin is based in Chesterfield, Virginia in Midlothian and we have over 25 years of combined legal experience in Chesterfield General District Court defending DUI and DWI charges.

The terms DWI and DUI are used interchangeably and simply mean you were driving under the influence or driving while intoxicated. DWI is technically more correct in Virginia, but they are analogous terms.

The penalties for a DUI in Chesterfield can be severe, including jail time, fines, and the loss of your driver's license. In addition, a DUI conviction can also damage your reputation and make it difficult to maintain relationships.

There are a number of things you can do to increase your chances of a favorable outcome if you are stopped on suspicion of DWI or DUI. These include:

Do not consent to either the field sobriety tests or the preliminary breath test. The standardized field sobriety tests are designed to fail, so taking them generally just gives the Commonwealth and police more evidence.
Not admitting guilt. Do not make any statements to the police besides requesting to speak to your attorney. Do not admit to driving under the influence, even if you think the police have evidence against you. Do not admit to drinking alcohol. You do not have to lie, but you can simply decline to answer any questions and request to talk to your attorney. You have a right to remain silent, and it is best to exercise that right.
Hire an experienced DUI attorney at Leavitt & Martin. An attorney can help you understand your rights and options, and can represent you in court.
Prepare for trial. If your case goes to trial, your attorney will help you prepare your case. This may include gathering evidence, interviewing witnesses, and preparing a defense.

If you are convicted of a DUI in Chesterfield, Virginia, you must be sentenced to certain minimum penalties that include:

license suspension for 12 months with ignition interlock installed if you get a restricted license.
referral to VASAP
fine of $250 minimum
a suspended jail sentence is usually imposed

If you have prior offenses or your breath alcohol test is high enough there may be increased penalties that include mandatory jail time, a higher fine, etc.

Powhatan DWI Defense

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 22 Mar 2023 21:14:37 GMT

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If you’ve been charged with a DUI in Powhatan, Virginia, you need an experienced attorney on your side.

A DUI conviction can have serious consequences, including jail time, fines, and the loss of your driver’s license. But with the right attorney, you may be able to avoid these penalties or get them reduced.

The Powhatan DUI attorneys at Leavitt & Martin, PLLC have over 25 years of experience representing clients charged with DUI in Powhatan and throughout the Richmond area. We know the ins and outs of the DUI laws in Virginia, and we’re prepared to fight for your rights.

Here are some of the things that our Powhatan DUI attorneys can do for you:

Review the evidence against you. We will review the police report, the breathalyzer results, and any other evidence that the prosecution has against you. We will look for any errors or inconsistencies in the evidence that could be used to challenge the charges.
Negotiate with the prosecution. In some cases, it may be possible to have the charges against you dismissed or reduced. We will negotiate with the prosecution to see if there is a way to resolve the case without going to trial.
Represent you in court. If the case goes to trial, our Powhatan DUI attorneys will represent you in court and present your case to the jury. They will cross-examine the witnesses and argue for your innocence.

If you have been charged with a DUI in Powhatan, Virginia, don’t wait to contact an experienced attorney. The sooner you contact us, the sooner we can start working to protect your rights.

Defending Reckless Driving in Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 22 Mar 2023 21:11:35 GMT

Defending Reckless Driving in Virginia

If you have been charged with reckless driving in Virginia, you may be feeling overwhelmed and unsure of what to do next. The good news is that you are not alone. Many people are charged with reckless driving each year, and there are experienced attorneys who can help you defend your case.

Reckless driving is a Class 1 misdemeanor in Virginia, which means that it is a serious offense. The penalties for reckless driving can include a fine of up to $2,500, a jail sentence of up to six months, and a suspension of your driver's license.

If you are convicted of reckless driving, the conviction will also appear on your criminal record. This could make it difficult to find a job, get a loan, or rent an apartment.

That is why it is important to take action to defend yourself against a reckless driving charge. If you are able to get the charges dismissed or reduced, you will avoid the serious penalties that come with a conviction.

There are a number of ways to defend yourself against a reckless driving charge. One option is to argue that you were not actually driving recklessly. Another option is to argue that the police officer who pulled you over did not have a valid reason for doing so.

If you are unable to get the charges dismissed or reduced, you may be able to get a lighter sentence by agreeing to a plea bargain. A plea bargain is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence.

If you are facing a reckless driving charge, it is important to contact an experienced attorney as soon as possible. An attorney can help you understand your rights and options, and can represent you in court.

What to Do If You Are Pulled Over for Reckless Driving

If you are pulled over for reckless driving, there are a few things you can do to protect yourself:

Be polite with the police officer. Do not argue with the officer even if you think you are right and the officer is wrong. There is a time and place to argue and it is not on the side of the road.
Ask the officer if you are being charged with reckless driving. If you are, ask the officer to explain the charges.
Do not admit to anything. Do not admit to driving recklessly, even if you think the officer has evidence against you.
Ask the officer if you are free to go. If the officer does not have a valid reason for detaining you, you are free to go.

If you are arrested for reckless driving, you should contact an attorney from Leavitt & Martin as soon as possible. We can attorney can help you understand your rights and options, and can represent you in court.

Henrico Traffic Court: Get Expert Legal Advice Before You Plead Guilty

danielpleavitt@gmail.com (Daniel Leavitt) — Sun, 06 Mar 2022 18:23:27 GMT

Speak with a professional attorney and learn all your options before you make a mistake in court that costs you for months or years down the road!

If you've been cited for a traffic violation in Henrico Virginia, it's important to speak with an attorney before you plead guilty. Traffic fines can be expensive, and the consequences of losing points on your driver's license or receiving a criminal record can be far more costly in the long run. Henrico Traffic Court is a court of limited jurisdiction, which means that the cases heard here are usually less serious than those heard in Circuit Court. However, that doesn't mean that you shouldn't take your case seriously! Speak with a qualified attorney today to get expert legal advice about your situation.

Daniel Leavitt, & Cory Martin have been helping Virginian's save money, anxiety, and the long term effects of higher insurance rates for many years. With thousands of cases under their belt, and a profession team that focuses on helping you have the best possible representation in court. The Leavitt & Martin PLLC law firm is one you can count on!

We know the Henrico Traffic Court, we know the Henrico Prosecutors, and we know how to get you the best possible result in your traffic case.

Call us today for a free consultation: (804) 873-4004. We look forward to helping you!

Henrico Traffic Court is a court of limited jurisdiction, which means that the cases heard here are usually less serious than those heard in Circuit Court. However, that doesn't mean that you shouldn't take your case seriously! Speak with a qualified attorney today to get expert legal advice about your situation.

The Henrico County District Court in Virginia has general jurisdiction over all civil and criminal cases, including traffic infractions. However, Henrico Traffic Court specifically hears certain types of traffic cases, such as speeding and reckless driving. If you've been cited for a traffic violation in Henrico Virginia, it's important to speak with an attorney before you plead guilty. Traffic fines can be expensive, and the consequences of losing points on your driver's license or receiving a criminal record can be far more costly in the long run.

Five Reasons You Should Hire An Attorney For Your Traffic Ticket

danielpleavitt@gmail.com (Daniel Leavitt) — Sat, 05 Mar 2022 14:15:27 GMT

If you are wondering if you need to retain an attorney there is a good chance you should at least speak with a professional and understand your options

If you've been cited for a traffic violation in Virginia, the next step is deciding what to do about it. You could represent yourself in court, but that's not always the best idea. Hiring an experienced attorney can save you time, money and energy - and may even protect you from a wide variety of potential negative consequences. In every case you would benefit from at least speaking with an experienced lawyer before going to court.

Here are five reasons why hiring an attorney in your Virginia traffic ticket case is a good idea:

First, an attorney can help you understand the charges against you and what options you have for resolving them. Depending on the circumstances, it may be possible to get the charges reduced or dismissed entirely.

Second, an attorney can negotiate a favorable plea agreement with the prosecutor on your behalf. This can save you time and money, and may even keep points off your driving record.

Third, an attorney can represent you in court if necessary. He or she will know the ins and outs of the legal process and how to best argue your case.

Fourth, an attorney can help you keep your driving record clean. A traffic ticket can add points to your license and lead to increased insurance rates. An attorney can often get traffic tickets reduced or dismissed, which keeps the points off your license and saves you money.

Finally, an attorney is someone you can rely on for support and guidance throughout the process. He or she will be there to answer your questions and help you make the best decisions for your case.

If you're considering hiring an attorney in your Virginia traffic ticket case, give us a call so we can assess your situation and advise you on the best course of action to take in your case. We will help you understand your options, and the call is free!

How Much Does a DUI Attorney Cost In Virginia

danielpleavitt@gmail.com (Daniel Leavitt) — Fri, 04 Mar 2022 00:12:25 GMT

How much is on the line if you dont?

One of the first questions we often get asked is how much will hiring a DUI attorney in Virginia cost? While this is an important question, it is important to understand what you might be facing without an attorney. The bigger question is, what will happen if you don't hire an attorney and represent yourself. Many times hiring an attorney is less expensive than the alternative!

If you are arrested for DUI in Virginia, you will be required to take a blood or breath test. If you refuse to take the test, your license will automatically be suspended for one year. If you take the test and it shows that your Blood Alcohol Content (BAC) is .08% or higher, your license will be automatically suspended for six months .

If you are convicted of DUI, you could face jail time, fines, and the loss of your driver's license . In addition, if you are convicted of DUI, your insurance rates will likely increase.

A skilled DUI attorney can help protect your rights and may be able to get the charges against you reduced or dismissed.

The cost of hiring a DUI attorney in Virginia will vary depending on the lawyer's experience and the facts of your case.

We have experience helping drivers beat DUI charges and often get penalties reduced and cases even outright dismissed.

Because in the case of a DUI you are facing serious penalties, it is worth it to hire an experienced attorney who can help you get the best possible outcome.

Don't risk your future without an experienced attorney. At a minimum you deserve to know all the facts about your situation.

Call us today and one of our attorneys will discuss the details of your case and help you understand what you are facing in your specific situation.

Best of all the call is free, and you will walk aware better prepared and informed regardless of your decision to hire our team or take another path.

Call us today and get a free consultation about your case and an exact quote on the costs involved in having our team represent you!

Should You Hire a DUI/DWI Specialist?

danielpleavitt@gmail.com (Daniel Leavitt) — Mon, 15 Nov 2021 20:21:54 GMT

Hiring a Virginia DUI Attorney Can Make all the Difference

Virginia DUI Law is Very Nuanced

Most general criminal lawyers in Virginia have done DUI cases and so they have a general background about DUI law. The problem is, when it comes to things like the Standardized Field Sobriety Tests, and the breathalyzer they really have no idea how those work. So when a general criminal lawyer reviews a DUI case in Virginia, they cannot really make good progress because they don't know how to attack those issues.

In fact, many general criminal lawyers will take an officer at their word that the tests were conducted accurately and show intoxication. The opposite is often true. At Leavitt & Martin, when we review body camera footage showing how officers conduct the Standardized Field Sobriety Tests, we OFTEN find issues with how the tests are conducted.

This leads to recognized legal defenses that result in either an OUTRIGHT WIN at trial or an offer to reduce the charge to something much less severe. See the following examples of cases we either WON at trial or had reduced to something minimal based on legal defenses.

Leavitt & Martin: Certified to Administer SFST's

Virginia officers are trained to administer the standardized field sobriety tests (SFST's) according to standards set by the National Highway Traffic Safety Administration (NHTSA) standards. There is actual science behind these three field sobriety tests that when performed according to the standards, will likely show intoxication.

At Leavitt & Martin, both Daniel Leavitt & Corey Martin took the NHTSA three day certification course in DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING. This is a three day course, and to pass the course participants must PERFECTLY administer the three standardized field sobriety tests according to NHTSA standards.

In real life trials, MOST POLICE OFFICERS IN VIRGINIA DO NOT DO A GOOD JOB OF ADMINISTERING THESE TESTS. For example, I have seen officers write in their police report that the defendant failed the Horizontal Gaze Nystagmus (HGN) test which is the eye test. However, when looking at the body camera footage it is clear that the officer NEVER PROPERLY TESTED the defendant.

A properly conduct HGN test will take at least 1-3 minutes to conduct. I have seen MANY officers finish this test in 15-30 seconds. It is not possible to accurately conduct this test according to NHTSA standards in that time period. That means you can throw out that test and the results cannot be used against your client.

Leavitt & Martin: Track Record of DUI Success in Virginia

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Is Reckless Driving in Virginia a Felony?

danielpleavitt@gmail.com (Daniel Leavitt) — Wed, 18 Aug 2021 23:31:09 GMT

Reckless driving, in all of its forms, is a serious crime that should be avoided. It's a danger to you, and it's a danger to everyone you share the roadway with. However, it's not a felony in the state of Virginia. Instead, it's a Class 1 Misdemeanor. This doesn't mean it's no more consequential than parking at a meter for too long or getting into a fender bender, though. Reckless driving still comes with long-term consequences and a criminal record that may or may not be expunged; even if the case is dismissed.

If you've found yourself charged with reckless driving, whether you've committed the crime or not, you must seek out an attorney immediately.

Here is why...

It's a Class 1 Misdemeanor

A misdemeanor may not sound that horrible, but a Class 1 Misdemeanor is the most serious misdemeanor in Virginia. It comes with a permanent criminal record if you're convicted of the crime, potential jail time, and long-term consequences we'll discuss soon.

Even worse, the crime may not be expunged from your record; even if you're found not guilty or the case is dismissed. This is because your eligibility to have the crime expunged is dependent on many different, intricate, factors that are unique to your specific case.

Navigating those details on your own, and getting the case expunged from your public record, can be extremely difficult. Also, not getting it expunged can leave you with long-term consequences for a crime you weren't even convicted of.

The Long-Term Consequences of Reckless Driving in Virginia

If you're found innocent, or the case is dismissed, your main long-term consequence is that potential employers, educational institutions, and other places can see that you were charged for the crime when they perform a background check. This may cause them to turn down your application despite the positive outcome of the case.

If you are convicted, the consequences are far worse.

As a Class 1 Misdemeanor, reckless driving will produce a permanent criminal record. Potential employers and current employers can see this whenever they perform a basic background check. This can prevent you from working for most employers and drastically impact the quality of your life.

Schools also gain access to your criminal record. This can keep you from being accepted to universities and colleges you're qualified for, and it can even result in you being expelled if you are a student currently.

Finally, you can be denied security clearance in all of its forms. This may be by your employer or any other establishment or institution. It can also keep you from getting high-paying security-based positions or finding a career in the legal field.

Get an Attorney

If you're facing reckless driving charges in Virginia, you do not want to face them alone. You need a trained professional who can navigate this complex arena and get you the best outcome possible.

Hiring an attorney may sound like a daunting or expensive task, but it can keep your life from spiraling out of control due to the consequences of a reckless driving conviction. An attorney can help you beat the charges, keep your future opportunities open, and help you have the case expunged from your record if you're found innocent or the case is dropped. More importantly, attorneys are willing to work with your financial situation, and the amount of time, stress, and long-term punishment they can save you are priceless.

Don't face reckless driving charges alone. Contact a qualified traffic attorney, today.

What to do if y our Workers Compensation Claim is Denied?

danielpleavitt@gmail.com (Daniel Leavitt) — Mon, 21 Sep 2020 18:07:03 GMT

You Still Have Options!

Indeed, there is some chance that they will deny your claim, but it is worthwhile to contact us right away. For example, suppose your employer or the insurance carrier denies your claim or refuses to make certain payments. The insurance carrier believes that you are not entitled to benefits, and your employer is refusing to pay voluntarily. You may be able to appeal the decision with the help of an attorney.

Your attorney may prepare a written request to the Commission for a hearing, i.e., a trial. At the trial, you as the Plaintiff must prove that the work caused the injury or disease and disability through testimony, witnesses, and medical reports.

Perhaps the approved physician released you to light-duty. In that case, you must provide evidence that you have actively sought work with your pre-injury employer and other employers.

In any event, Virginia employees are entitled to a personal injury lawyer at the hearing though you may have to pay your expense. That is why you must contact an experienced personal injury lawyer to protect your rights as an injured employee. Regardless, the Workers' Compensation Commission makes the final decision whether the employer must pay for the injury or disease and reimburse attorneys' fees.

Safeguard your rights by giving us a call and avoid letting your benefits slip away, Call us for experienced representation today.

Workers Compensation Frequenty Asked Questions (FAQ)

Tue, 21 Apr 2020 07:00:51 GMT

You've been injured at work and now need to know what to do next. This guide provides answers to the most common questions workplace accident victims and their loved ones have about their legal rights in this situation.

The following FAQ list is intended to help employees understand what they can expect if they suffer a workplace injury. If you have been hurt in a workplace accident, you need to consult an experienced Workers Compensation attorney for advice about your specific case.

1. What are workers’ compensation benefits?

The Virginia Workers' Compensation Act requires anyone who employs more than three people to buy Workers' Compensation insurance. Workers' Compensation benefits are the payments injured workers can receive from these insurance policies.

These benefits are available regardless of fault. Even if the employee caused their own injury, Workers' Compensation benefits are still mandated under Virginia law. However, in return for this broad protection, employees covered by Workers' Compensation insurance cannot sue their employer for their injuries.

The possible awards are strictly defined by Virginia law and only cover direct medical expenses and some lost wages. Workers' Compensation insurance does not provide any award for "consequential injuries," such as pain and suffering. Employees can receive Workers' Compensation benefits in the following situations:

Death of a loved one due to injury or illness related to their employment
"Occupational diseases" caused by your employment
Injuries caused by workplace accidents

Virginia law imposes the following limits on Workers' Compensation awards:

Lost wages are capped at 2/3 of your weekly pay
Lost wage benefits end after 500 weeks unless you suffer permanent disability
If you lose a body part due to a workplace injury, you can receive an award for partial impairment
Employers can require workers to seek treatment from a list of three doctors selected by them
In some situations, the Virginia Workers Compensation Commission (WCC) can select the physician panel
Changing physicians requires approval from both the employer and the WCC

While Virginia law bars employees from suing their employer for workplace injuries You've been injured at work and now need to know what to do next. This guide provides answers to the most common questions workplace accident victims and their loved ones have about their legal rights in this situation.

The following FAQ list is intended to help employees understand what they can expect if they suffer a workplace injury. If you have been hurt in a workplace accident, you need to consult an experienced Workers Compensation attorney to seek advice about your specific case.

2. Can I Sue My Boss?

If your employer covers his employees with Workers' Compensation insurance, then Virginia law considers these benefits an "exclusive remedy" for any work-related injury. You may not sue.

Even if your employer has less than three employees, the firm may still choose to buy a Workers' Compensation insurance policy.

In the cases where your employer is not required by Virginia law to carry Workers' Compensation insurance, or they have failed this duty, you can sue your boss. However, you will then have to prove that your employer caused your injury.
Also, if you bring action against a third-party for your injury, any award will be reduced by the amount of Workers' Compensation benefits you have received from your employer's Workers' Compensation insurance.

3. If I am injured while working, can I get treatment from my doctor?

The short answer is yes, under certain circumstances. Workers' Compensation should cover all reasonable medical expenses, including immediate diagnosis and treatment. If, for example, you only discover the injury while being treated by your personal doctor, those expenses should be covered.

However, if your employer has selected a three-doctor panel, you need to use one of those physicians. You can seek to change medical providers to your own doctor, but both the WCC and your employer must approve the switch.

Seek advice from your attorney if you wish the change doctors. Legal counsel can explain to the WCC, and your employer, why such a change is beneficial to your treatment plan. Further, a Virginia Workers' Compensation lawyer can help guide you through this process.

4. If I get benefits, can I still work?

Yes, but you can only receive Workers' Compensation benefits if your injuries restrict you to a less-demanding, lower-paying position. If this restriction is temporary, you can receive a time-limited benefit for temporary partial disability. If your restriction is permanent, you can receive compensation for permanent partial disability.

The amount you will receive will be based upon your 52-week average salary for the period just before you were injured. Your partial disability award will be 2/3 of the difference between your pre-injury weekly salary and your post-injury weekly salary.

Disability benefits will stop whenever you regain your former work capabilities. They are also capped at 500 weeks, unless you qualify for permanent disability under Virginia law. Legal counsel can consult with your physician to help you determine if you are eligible for either partial or total disability.

5. What happens if I am denied?

If insurance denies your Workers' Compensation claim, you should seek legal counsel. The first step in resolving this dispute will be to file a complaint with the Virginia Workers' Compensation Commission (WCC) within two years after your injury.

If you fail to file your dispute with the WCC within the two-year window, you lose any right to Workers' Compensation.

In many cases, your lawyer can resolve the issue with your employer (and/or their insurance company) without a formal hearing before the WCC. However, any Workers' Compensation action that goes to a hearing before the WCC will require you to present evidence to back your claims. This is an adversarial process that can involve presenting medical records and expert testimony.

If the WCC rules against you, your lawyer can help you file an appeal to this decision.

6. How long do I have to file for Workers' Compensation?

Under most circumstances, you must file a claim within two years of the injury. However, that two-year time period can be measured in different ways.

If your injury is immediately obvious, then you have two-years from the date of the injury to file a claim. However, sometimes work-related injuries aren't apparent when they occur. If, for example, you contract a work-related illness, your two-year "time-clock" to file a Workers' Compensation claim will begin when your doctor diagnoses the condition.

If you are seeking compensation for the death of loved one, you must file your claim within two years after their passing.

However, these aren't hard-and-fast rules. There are exceptions that can "toll" (stop) the time clock. Seek legal counsel even if your injury occurred more than two-years ago. Your case might fit one of these exceptions.

7. How can a lawyer help me with my workers’ compensation claim?

A Workers' Compensation claim can be a complicated process. It can lead to disputes with your employer, their insurance company, the Virginia Workers Compensation Commission (WCC), medical providers, and other interested parties.

For most people, a Workers' Compensation claim is a completely new experience. However, an experienced Virginia Workers' Compensation lawyer has handled many such cases. In general, your lawyer can help you understand every stage of the process.

An experienced Workers' Compensation attorney can:

Explain how Virginia law applies to your case
Use their experience to anticipate problems before they occur
Review your medical records
Consult with your medical provider to fully understand the legal consequences of your condition
Help you avoid disputes with your employer
File paperwork with the Virginia Workers' Compensation Committee
Handle hearings with the WCC
Appeal WCC decisions
Provide legal advice for other areas of your life impacted by your injuries
Communicate with your employer's insurance company

Aside from advising you about the legal ramifications of a Workers' Compensation claim, your lawyer can give you personal advice as someone who has been through this process with many other clients.

Take Aways

A Workers' Compensation claim can be a life-changing event for many people. A workplace injury disrupts many aspects of your life well beyond your job. It can affect you, your family, and other loved ones in ways that you can't anticipate today.

Not only do you have to heal, you may have to endure painful rehabilitation, and adjust to either a temporary or permanent disability. You may have to rethink your plans for the future and establish a new routine. Acrimonious disputes with insurance companies, your employer, and the Virginia Workers Compensation Committee could loom in the future.

However, you don't have to face these things alone. An experienced attorney can help get your life back on track. If you have suffered an injury at work, please seek legal counsel. Call our offices now, we are here to help you!

Differences Between Personal Injury and Workers Compensation Injuries

Thu, 16 Apr 2020 19:46:42 GMT

Accidents happen all the time, from car accidents to slips and falls. People get hurt in both their private lives and also while at work. Work injuries are even more common among those who do physical labor. However even a work related car accident is not all that uncommon.

One of the most common problems that many workers and / or personally injured individuals happen to face, is the ability to understand the differences between workers comp and personal injury cases.

There are a certain requirements that underlines the eligibility for an individual to make a workers compensation claim, or to file a personal injury lawsuit. Regardless of what type of claim you may qualify for, we can probably help you. So lets discuss the differences between the two kinds of cases and determine what kind of case you may qualify for.

Please note: at Leavitt & Martin PLLC we help clients with both workers compensation and personal injury cases here in the greater Richmond Virginia area .

Policies Differentiate According to State Law

It is vitally important for individuals to understand that policies that form the basis for the eligibility and negligence criteria in worker comp and personal injury cases. They differ according to each State. Lets take a look at both and discover what makes them different.

What is Workers Compensation in the State of Virginia?

Workers compensation is an insurance program which is required for employers to carry in every State. In Virginia, employers that operate a business and consists of three or more employees, must purchase workers comp insurance or the self-insurance policies. Employees that work within the State of Virginia, despite which company, are not required to purchase their own personal workers compensation insurance. As a result, in case of an injury or if a workers comp claim is accepted, the employers insurance plan pays out cash to injured workers, including medical benefits to the individual (employee) who was injured or harmed during work or while doing work-related tasks. The insurance company also pays benefits to employees who defined as occupational disease.

What is a Personal Injury Case?

In the State of Virginia, a person that files personal injury case is an actual “lawsuit” that is proceeded in a State court. In order to win such case, the claimants lawyer must provide evidential grounds, proving that the other party, organization, individual or company has indeed acted negligently and that such actions resulted an injury to the claimant.

Important Facts to Know

One of the major differences in personal injury and workers comp are the types of damages observed in such situation. In a worker’s compensation cases, the worker isn’t entitled to benefits for pain and/ or suffering. Likewise, in a personal injury claim, the injured party is entitled to all damages, including suffering and pain/injury.

If you are someone that has been injured on the job, or want to make a personal injury claim, please reach out for a free consultation. We are here to help and would love to serve you.

Virginia Workers Compensation Claims Deadlines

Thu, 02 Apr 2020 17:16:19 GMT

How Long Do I Have to File a Claim?

When you have been hurt on the job, you have the right to seek compensation for your accident-related expenses. You can determine how and when to file a workers compensation claim against your employer by understanding the legal requirements in Virginia as well as the benefits of hiring a workers comp lawyer to represent you.

Workers Comp Deadlines

The workers comp laws in Virginia allow you up to two years to make a workers compensation claim against your employer's insurance policy. You ideally want to make it as quickly as possible, however, to improve your chances of having your claim approved. The two year countdown starts from the day that you suffered the accident or were told by your doctor that you have a workers compensation eligible injury.

By law, however, you must inform your employer of your accident and injury within 30 days of it occurring. You then have up to two years to decide whether or not to file an insurance claim.

Do I Have to Tell My Boss?

You are not legally obligated to tell your boss about your accident. However, you must inform someone at the company who is in charge of filing and handling workers comp claims about your injury or accident. You have 30 days from the date of the accident to make this report.

If you choose not to tell your direct supervisor or manager, you must inform another executive at the company, such as the human resources or loss prevention manager. There is a good chance that your boss will find out about your injury and accident anyway despite you not reporting it to him or her in the first place.

What Do I Have to Include with the Notice to My Employer?

When you report your workers comp injury to your employer, you must provide certain details like

How the accident occurred
What you were doing at the time of the accident
Where in the building or premises the accident took place
The time and date of the accident
The extent of your injuries

Your accident will also be reported to the Virginia Workers Compensation Commission. The commission will assign you a jurisdiction claim number that you can provide to your employer if requested.

Who at Work Am I Supposed to Give Notice to?

When reporting your accident at work, you ideally want to follow the chain of command for your department or position. You should report it first to your immediate supervisor or manager, who then can report it to the company's primary manager, owner or loss prevention manager.

However, if you are not comfortable reporting to your direct boss, you need to report it to another leader within your company. In many businesses, workers comp cases are handled by the human resources or loss prevention manager. If neither of those leaders are available, you should report it directly to the main company manager or the owner of the business.

How Much Time Do I Have to Give Notice?

Virginia's workers compensation laws allow you up to 30 days from the date of the accident or injury to make an official report with your company. You ideally want to provide notice right away to preserve evidence of your injury and accident. Prompt notice also allows the testimony from people who witnessed the accident to be more accurate.

However, if you are not able to make a report right away, you have 30 days to file an official notice. If you are not able to do so on your own, you can hire an attorney to provide this notice for you. Your lawyer can act as your representative in the workers compensation process.

Do I Have to Notify My Employer's Insurance Company?

It stands to reason that, if you want your claim paid out, that you will have to inform your employer's insurance company about your accident. After all, the claim itself acts as a notification that you have been hurt on the job and suffered an injury that should be covered by the company's insurance coverage.

However, it is also logical that you may not feel comfortable making this claim on your own. In this instance, you can hire a workers compensation lawyer to file the claim for you. Workers compensation attorneys have the knowledge and experience to counter insurance company lawyers and ensure that clients' claims get paid out quickly.

What Happens if I Wait More than a Month?

If you wait more than a month to notify your employer, you could have your claim denied. The laws in Virginia mandate that you must make the notification to your company within 30 days if you want to have your claim considered fairly and paid out if approved.

However, there may have been mitigating circumstances in your case that prevented you from making a timely notification. You need to retain a lawyer to review the facts of your case and argue if necessary that you could not have followed the rule for notifying your company. The commission could grant you an extension or make an exception for your situation.

I Waited More than 30 Days. Now What?

You can still notify your company and make a workers comp claim against its insurance. However, the insurance company is not obligated to approve your claim because you waited for longer than 30 days to make the notification. You could face a legal battle in court to get your claim approved and paid out.

Can I Be Fired if My Boss Gets Mad about This?

The workers compensation laws in Virginia make it illegal for an employer to take retributive action against employees who file workers comp claims. It is against the law for your boss to fire, fine, relocate or cut your hours at work out of spite for your accident and injury.

As long as you are capable of working in the same capacity as before your accident, you are legally entitled to keep your position and job. If you suspect that your employer is taking unlawful action against you as a direct result of your workers comp claim, you can hire an attorney to investigate the matter and file immediate action on your behalf to hold the boss accountable.

How an Attorney Can Help

Filing a workers compensation claim many times is not a straightforward process. It can be fraught with legalities that you are not aware of and have no idea of how to navigate on your own.

Your workers compensation lawyer can act as your advocate and intermediary between you and your employer and its insurance company. He or she can file claims, take a case to court and negotiate terms for a settlement or judgment that can win you the compensation that you need to cover your accident-related expenses.

When you have been injured on the job, you have rights as an accident victim. You can notify your employer and file a claim against the company's insurance company. You can also hire a workers comp lawyer to take the appropriate legal action on your behalf and gain you the compensation that you need to pay your medical bills and other expenses.

How to file for workers compensation in Virginia

Wed, 01 Apr 2020 18:15:12 GMT

How to file your work injury claim

To get access to proper medical treatment and cash benefits from an occupational disease or job-related injury, it is vital to understand the steps involved in applying for worker's compensation in the state of Virginia.

When filing a claim for benefits in the state of Virginia, the litigation process begins. That means if it ever has to go to court you will need to act quickly. Everyone from the injured employee to the insurance companies and employer are all affected. There is a small window of time to find evidence and research the worker's compensation claim before the claim will end up in court.

Step One: File Your Claim

A lot of people ignore the worker's compensation benefits claim form . It is also known as a "request for a hearing". This simple step is very important. It is crucial to get this form right as your employer, and their insurance company will take advantage of any errors made in this process.

Even small mistakes can be costly and could cancel out a lifetime of medical benefits for your injuries suffered on the job. This could also mean losing compensation for even a temporary or permanent disability benefits.

How Do Workers Compensation Claims Work?

There are times when an employee is hurt on the job and will not file a worker's compensation claim because they don't want to file a lawsuit against their employer and possibly jeopardize their employment. They worry that filing the claim will make their bosses angry and lead to their firing.

While this is entirely understandable for the injured employee to feel this way, it will probably not happen because it is illegal for an employer to fire an employee for filing a claim for worker's compensation.

The actual claim for workers compensation is filed against the insurance company of the employer. This type of insurance coverage is also mandatory for employers in the state of Virginia.

If you are injured on the job, it is best to safeguard your legal rights to benefit by filing a claim.

Benefits of Filing a Claim

There are multiple types of benefits available in the state of Virginia, including:

Cash payments for wages lost because of your work-related illness or injury. Permanent disability payments are for injuries that cause permanent harm as with vision or hearing loss. Partial disability payments are also available.

Medical benefits to cover your medical expenses are also to be paid by your employer and their worker's compensation insurance for injuries that occur at work.

Regardless of the type of illness or injury you suffer at work, it is vital to file a worker's compensation claim to ensure your legal rights are protected.

Filing A Claim for Workers Compensation Benefits in Virginia

If you are injured at your place of employment, it is essential to let your employer know and complete the formal worker's comp claim for benefits as soon as possible. Completing the form will help you make sure your benefits are processed right away.

There is a quicker way to file the benefit request form, and it can be completed online using a service called WebFile. You will want to get registered with the commission of Virginia before gaining access to it.

There is also a paper claim that can be filed. The benefits form can be printed and mailed or taken in person to the commission's office. The paper claim for benefits can only be sent to the main headquarters located at the following address:

Workers Compensation Commission

333 East Franklin St
Richmond, VA 23220

The other available option is to fax the benefits claim form to their office at 804.367.6124, although it may be better to file it online or take it to the commission's main headquarters for processing. Another option is to send your claim by certified mail with a return receipt to ensure it was delivered.

You can also hire a workers compensation attorney and have them file your initial claim and other pertinent applications. The benefit of having an attorney do this for you is that there is little chance they will make costly mistakes on your paperwork or by missing a deadline.

Completing The Benefits Claim Form

A claim an actual written statement detailing the claim and litigation. The written report is meant to define the main issues between the injured employee, the employer, and their insurance carrier.

Legally, it also formally notes the concept of the law's due process, where the employee is informing their employer and the insurance company about the claim and what is being requested so that they can reply to the claim in court.

Also, the judge that will be handling the case must know all of the issues along with the evidence presented. They need to have the facts and documentation to preside over the court hearing.

There are two central parts to the worker's compensation commission's claim for benefits, including parts A and B. You will want to complete the form after consulting with an attorney to protect your interests.

Part A is composed of the injured employee's necessary information, a description of the accident or illness, and wage information.
Part B of the benefits claim form will want you to provide details for the benefits you are requesting.

There is a particular protocol as well in Virginia when claiming benefits. It is important not to claim temporary and permanent disability benefits at the same time because they are only payable at different times and under certain circumstances.

This is another reason why it is vital to speak with a lawyer before filing a workers comp claim.

What Documents to Include

While it is not required to include your pay stubs and medical records with your claim, it is essential to submit this information with your claim.

Filing this information will support your claim and keep it moving along without any delays.

In addition, filing your medical reports and records will send a clear message to the insurance company that you are protecting your legal rights and are entitled to all of the benefits available in your claim. Preparation is essential.

When to File a Claim

It is vital to file a claim for benefits in the state of Virginia as soon as an employee is injured or diagnosed with a work-related illness . You do not want to delay the benefit filing under any circumstances because it will create problems for you and your case.

In the state of Virginia, there is a statute of limitations on these claims that can stop you from received benefits. There is a two-year limit from the date of the work-related diagnosis or accident.

In addition, if you delay the filing by even days or weeks, your employer's insurance company may deny the claim arguing legitimacy. By filing right away, the commission can also schedule your claim for a court trial sooner.

Finally, contact your worker's compensation attorney to seek expert legal counseling and assistance. Our team is happy to provide a free consultation today. Call (804) 873-4004 now and speak to someone about your case.

Most Common Virginia Workers Compensation Injuries

Thu, 19 Mar 2020 02:22:54 GMT

Most Common Injuries That Qualify Richmond Virginia Area Workers Claims

Employees in Richmond Virginia have a right to a safe workspace. Yet, even in the most well-organized and maintained environments, accidents can happen. When they do, employees may have the right to file a claim with the Virginia Workers' Compensation Commission for coverage of their losses.

The Virginia Workers' Compensation Act requires employees that suffer on-the-job injuries or diseases to receive benefits. To do this, individuals must report their injuries to the employer immediately and file a claim with the proper authorities within two years.

The Most Common Workers' Compensation Claims

Many types of injuries qualify for workers' compensation. The National Safety Council provides some insight into the most common injuries happening on the job. This includes:

1: Overexertion-related Injuries

Accounting for 33.4 percent of injuries on the job overexertion injuries include lifting or lowering objects. They can also include repetitive motion injuries. These occur when a person performs the same task and process numerous times, developing muscle, tendon, or other injuries. Bear in mind that repetitive injuries often do not qualify for coverage under workers compensation.

2: Contact with Objects and Equipment

It's not uncommon for accidents related to equipment to occur on the job. This accounts for about 26 percent of all on-the-job injuries. Examples include being struck by an object or a piece of equipment, getting stuck against equipment, or being hurt by objects. It also includes compression or getting caught in equipment, crushing accidents due to collapsing infrastructure or materials, or otherwise being hurt by objects from the job site.

3: Slips and Falls

Slip and fall accidents can occur commonly on the job. This may include any instance when a person falls from an upper area to a lower level. It can also include falling on the same level. Slippery floors, tripping over objects, or falling from ladders are common examples. Slip and fall accidents account for about 25.8 percent of all workplace incidents.

Which Accidents Are Covered Under Law?

Work-related injuries fall under workers' compensation claims. This includes any work that you are doing as a part of your job or on behalf of your employer. Work must be done during the course of employment to qualify. This may include incidents that happen in company-owned vehicles or trucks if the employee was engaging in activities related to work.

In some cases, workers' compensation will cover incidents that happen at work but may not be related to doing work-related tasks. For example, if someone does not follow safety rules and is hurt as a result of that, this may fall under covered cases in limited situations. For instance, if someone engages in horseplay and you are the innocent victim, you may still qualify for workers' compensation.

It's very important to document what's occurred, receive proper medical care for your needs, and to file claims within the designated timeframe. Keep in mind, too, that workers' compensation claims can relate to more than just your medical bills. They may also include the time you've lost at work and other losses you've suffered.

When Are Workers' Compensation Injuries Not Covered?

There are some incidents in which workers' compensation does not provide comprehensive coverage. For example, instances in which you are engaged in willful misconduct may disqualify you from compensation. This may include:

Violations of safety laws that you knew about and understood were requirements
Instances in which you violate a traffic rule and, as a result, you suffer an injury
Instances in which you broke a rule that led to the incident

In addition, any claim that is determined to be fraudulent or misrepresented is not compensated. More so, under Virginia law, if an employer can prove that a person mispresented themselves on an application and that is related to the work injury suffered, this may lead to compensation claim denial.

Additional instances in which your workers' compensation claim may not be valid include:

Having a pre-existing medical condition that causes your injury
You refused to receive vocational rehabilitation after it was provided to you
You refused medical treatment such as not going to the doctor
You violate medical restrictions set by your doctor
You cannot explain the cause of your accident

It's also essential to provide proper notice to your employer and file a claim within the state's two-year statute of limitations. Because there are so many limitations on receiving compensation that may be owed to you, it is best to hire an attorney to guide you in filing your claim and settling it.

How to Claim Workers Compensation in Virginia

Tue, 17 Mar 2020 07:00:40 GMT

What every worker in Virginia should know about workplace injuries

There's a lot you may not understand about worker's compensation in Virginia, and you might think it doesn't really matter. After all, you can learn all about it if you ever get injured on the job, right? But by that time, it might be too late.

Here's a complete breakdown of workers' compensation claims in the state of Virginia, including what may be the most important aspect — how to file a claim if you've been injured as a result of your job.

When Is it Time to File a Workers' Comp Claim?

Many people believe that workers' comp is only for people who are injured on the job. In reality, a claim can be made for a much wider variety of reasons. Sure, the majority of workers' compensation payouts are the result of automobile crashes and accidents at factories and worksites, but many people don't realize how many different types of injuries and diseases can entitle you to file a claim.

For example, construction accidents are extremely common, but so are occupational diseases , like cancers and lung diseases from long term chemical exposure. Even office workers — carpal tunnel, eye damage from blue light overexposure — can be injured by the inability of their employer to take steps to limit these hazards.

How to File a Claim

You might have been told that the process of getting compensated for an accident or disease suffered as a result of your occupation starts when you file the claim. In actuality, it starts as soon as the accident occurs or the disease is discovered.

Should You Report a Workplace Injury to Your Employer?

Yes. In fact, if you fail to report a workplace injury within 30 days of the incident, your claim may be denied ( learn more here ). If, after learning of your condition, your employer offers to cover medical care or lost wages, you can still file a claim — any of these payments may be considered in the hearing, but it shouldn't stop you from pursuing the just rewards you deserve.

What Forms Need to Be Filed to Start a Claim?

To officially start a claim for workers' compensation in Virginia, you'll need to fill out the state's standard Claim Form , available from the Virginia Workers' Compensation Commission. This needs to be filled out within two years of your injury for it to be valid. You can submit it in person, by mail, by fax, or through the state's WebFile system.

The claim form is only one sheet, but this part is important: you should submit other materials as part of your claim . One key component of this is medical documentation. Successful workers' compensation claims don't always go to court. They're often paid by your employer's insurance company, and just like how your health insurer has to see documentation before they authorize a medical procedure, a statement from a medical professional detailing the validity of your claim greatly increases the chance of a successful claim.

What Kind of Compensation Can You Ask For?

In Virginia, a workers' compensation claim is meant to cover the costs of dealing with an injury. That means, depending on the nature and the severity of the injury or illness in question, you can receive the following as a result of your claim:

Medical reimbursement : Many workplace accidents result in a hospital stay, or at least medical and rehabilitative services. Your employer is always liable for these.
Indemnity : When you miss work because of an injury, you're likely going to lose wages. Indemnity covers both wages lost because of missed work now and also, may cover wages lost in the future due to a diminished ability to do the same work.
Death Benefits : If you die as a result of employer negligence, your family is entitled to collect benefits through workers' compensation.
Vocational Training : If a workplace injury affects your ability to do your job, your employer may be compelled to cover the costs of vocational training for another industry or position.

Stay Ready for a Hearing

You should consult an experienced workers' compensation lawyer in Virginia to help you fill out your claim form, but also, in the event that your claims are denied. In this case, a hearing occurs where you must prove liability and the extent of the compensation you're owed — an area where an experienced attorney can make sure your best interests are represented.

Misconceptions about Richmond Reckless Driving Charges

Sat, 13 Jul 2019 18:28:48 GMT

Common misconceptions about reckless driving tickets in Richmond VA

What if I didn't know I was driving so fast? What if I was trying to get to a rest stop to use the bathroom? Will I get jailtime? What do I do when I get a ticket for reckless driving in Richmond Virginia ?

Call (804) 873-4004 for help with your reckless driving case.

In this video, we cover a few common misconceptions about reckless driving in Virginia and explain what you need to do immediately if you have a ticket for reckless driving.

So every state is different on reckless driving. Virginia's reckless driving law is, in some ways it's the most severe because it's the only state that I'm aware of that it's reckless driving to drive 81 miles an hour in a 70 zone. So in Virginia, you can be going 11 miles over the speed limit, which a lot of people do, and it's a class one criminal misdemeanor, which will leave you with a criminal record if you don't get it reduced.

there are several common misconceptions about possible defenses in traffic cases. The first would be that you were just going with the flow of the traffic. Going with the flow of the traffic is not a defense to a reckless driving charge. If the flow of the traffic is exceeding the speed limit, the officer is justified in pulling one or all of the individuals over on the side of the road. And just because you are in that pack doesn't mean that you're also not guilty even if he didn't pull anyone else over. Having a clean driving record is not a defense to a reckless driving charge. While it would certainly help if you hired an attorney who went to court for you it's not a defense as to whether you're guilty of reckless driving. Having your cruise control set at a particular speed is not a defense to a reckless driving charge. If the officer clocked you at a particular speed the fact that you had your cruise control is only a piece of evidence and it doesn't mean you're not guilty.

People in Virginia do go to jail. There was a Washington Nationals pitcher or a baseball player who went to jail for 10 days for reckless driving by speed. So whether or not you are realistically facing jail time for a reckless driving ticket depends on the facts of the case. So if it's reckless driving by speed, typically higher-speed cases that are over 90 miles an hour, over 100 miles an hour certainly, or 30 or more over the speed limit, those are in areas where jail time is potentially on the table.

If you were reckless driving in a school zone, depending on how high you were above the speed limit, you could absolutely get some jail time for that. So if you have a reckless driving ticket the first thing you wanna do is contact an attorney who is very familiar with the court that your case is in. So look at your ticket.

Yours summon to appear is gonna tell you what court you're summoned to appear in. And you're gonna want to talk to an attorney who is knowledgeable and experienced in that particular court. A lot of people contact me for courts that are in Fairfax or other parts of the state where we don't go. And every court does things differently and even at different speeds. So in some courts, you might be facing potential jail time and in other courts, you might be able to get a charge reduced even at the same speed with the same driving record and the same set of facts.

Something that differentiates Leavitt & Martin from other law firms is that Dan and myself, we handle our cases personally. We don't have associates that handle our cases for us. We don't send associates to court to handle your cases. You will get straightforward, direct attention from both Dan and me, and we will handle them personally. Furthermore, we see ourselves as counselors of the law. And that means we don't just look at legal defenses. We also look at solutions that will help you as a person avoid these sorts of situations in the future.

If you received a ticket in Virginia you should pick up the phone and call us for a free consultation. We're also happy to talk to you about whether or not we think you need a lawyer. It doesn't cost you anything and you should call us today.

Virginia Reckless Driving Laws

Sun, 30 Jun 2019 18:07:47 GMT

Is your speeding ticket a criminal offense? Were you going 11 miles over the speed limit in Virginia? Could you be facing jail time?

Learn about reckless driving laws in the Commonwealth of Virginia in this talk with reputable reckless driving attorney Dan Leavitt.

I'm Dan Leavitt. I'm an attorney and I practice traffic and misdemeanor law so I help people charged with reckless driving, DUI and other traffic tickets. Underage possession, marijuana possession, and other misdemeanor charges.

So every state is different on reckless driving. Virginia's reckless driving law is, in some ways, it's the most severe because it's the only state that I'm aware of that it's reckless driving to drive 81 miles an hour in a 70 zone.

So in Virginia, you can be going 11 miles over the speed limit, which a lot of people do and it's a class one criminal misdemeanor, which will leave you with a criminal record if you don't get it reduced. Number two, as a class one misdemeanor, it carries up to 12 months in jail. It carries up to a six-month license suspension and it carries a fine of up to $2,500. That's Virginia. In addition to that, you have your potential immigration consequences since it's a misdemeanor. You have insurance issues. You have, you can have employment issues. So those are more of the secondary effects of a potential reckless driving ticket.

People in Virginia go to jail. There was a Washington Nationals pitcher, or a baseball player, who went to jail for 10 days for reckless driving by speed. So whether or not you, you are realistically facing jail time for a reckless driving ticket depends on the facts of the case.

So if it's reckless driving by speed, typically higher speed cases that are over 90 miles an hour, over 100 miles an hour, certainly, or 30 and more over the speed limit, those are in areas where jail time is potentially on the table. You can feel free to give us a call and we provide a full consultation. We'll go over your case from start to finish. There are never any obligations so there's never gonna be any pressure and you can talk to us for as long as you want about your case. We'll fully discuss your case and there's never any obligation to move forward. It's completely risk-free.

https://www.leavittmartinlaw.com/criminal-defense/reckless-driving

How to Handle a Virginia DUI Stop

danielpleavitt@gmail.com (Daniel Leavitt) — Mon, 03 Jun 2019 15:01:24 GMT

I help people with DUI charges. I help to make sure that you don't get a criminal record. If you get pulled over and you've had a few beers, what I would recommend doing is not rolling your window down too, too far. If you have a breath mint, that's probably a good idea that you use a breath mint. I would recommend that you, to the extent that you can, you assert your right to remain silent. So, you don't have to make any statements to the police.

The police officer's gonna ask for your license and registration, provide those. I wouldn't roll my window down too far. Hopefully, the officer doesn't know that, notice that you have alcohol on your breath, but I wouldn't in general advise that you make any statements to the police regarding your case. You have a right to remain silent. If the police officer does smell alcohol and he starts asking you questions about that, you have the right to remain silent, and you should assert your right to remain silent.

Field Sobriety Tests, whether you do them or not, it can be a double-edged sword. Same with the PBT. If you know that if you're extremely, extremely confident that you are below the limit, it's not gonna hurt you to do a PBT at the scene because your breath test will be below a .08, which will help you. However, if you're at all unsure, it's never gonna be a good idea in my opinion to do the Field Sobriety Tests or the PBT, simply because the Field Sobriety Tests are designed to mess you up. Almost everybody fails Field Sobriety Tests, and the PBT is just a Preliminary Breath Test, it's not admissible in court, so it only helps you if you're below a .08 on the PBT.

The Field Sobriety Tests again, unless you haven't had anything to drink, it's probably not at all advisable that you do those, because they're designed to make you fail. These are tests that were designed to do in a laboratory environment, on a flat surface with good lighting, and these are done in the dark, on the side of a road, and a lot of the tests aren't even the Standardized Field Sobriety Tests, so there's no science behind them. If you refuse a Field Sobriety Test or a Preliminary Breath Test, those are both consensual tests. S

o, there's no consequences as far as a license suspension or anything like that. It is admissible in a court of law, whether or not you declined the Field Sobriety Tests, but there's no license suspension for not doing them. So, they're absolutely consensual. And in a lot of cases, you probably should refuse them. You get pulled over in Virginia and the police officer says that he smells alcohol and starts questioning you about that, you need to know that you have the right to remain silent, and you probably should assert your right to remain silent in that situation.

It's never gonna help you to answer that question, unless you can definitively and honestly say that you've had nothing to drink. You can feel free to give us a call, and we provide a full consultation. We'll go over your case from start to finish. There's never any obligation, so there's never gonna be any pressure. You can talk to us for as long as you want about your case. We'll fully discuss your case, and there's never any obligation to move forward. It's completely risk free.

Virginia DUI Stop: What to do after a few drinks and pulled over

Sun, 02 Jun 2019 16:59:06 GMT

Ever been pulled over after having a few drinks? What you do now could effect your future!

In this video Attorney Daniel Leavitt explains what you should do if you ever find yourself in the situation where you have been pulled over at a DUI checkpoint and you have had a few drinks.

If you get pulled over and you've had a few beers, what I would recommend doing is not rolling your window down too, too far. If you have a breath mint, it's probably a good idea that you use a breath mint. I would recommend that you, to the extent that you can, you assert your right to remain silent. So you don't have to make any statements to the police.

The police officer's gonna ask for your license and registration, provide those, have those handy. I wouldn't roll my window down too far. Hopefully the officer doesn't notice that you have alcohol on your breath. But I wouldn't, in general, advise that you make any statements to the police regarding your case. You have a right to remain silent. If a police officer does smell alcohol and he starts asking you questions about that, you have a right to remain silent and you should assert your right to remain silent.

CHESTERFIELD DUI .12 COMPLETELY DISMISSED

Tue, 23 Apr 2019 19:53:52 GMT

Chesterfield County VA DUI .12 DISMISSED and Capias for Failure to Appear Dismissed After Full Trial

Chesterfield County, Virginia DUI charges are serious. A conviction means an automatic license suspension of one year, ignition interlock is mandatory, there is the potential for jail time up to one year, and there is a mandatory fine. Leavitt & Martin successfully defended a Chesterfield DUI at .12 today. We entered a plea of NOT GUILTY for our client and put on a full trial in court.

The prosecutors had a proper certificate of BAC at .12. However, they did not provide statutory notice to us and so the certificate of BAC did not come into evidence. That means that to prove the DUI, the Commonwealth needed to show our client's driving behavior and behavior at the scene was enough.

The officer who conducted the field sobriety tests made a lot of mistakes. We cross examined the police officer for about 30 minutes. The officer did not do well on the stand, and he testified in such a way that allowed us to poke holes in the case. The officer conducted a horizontal gaze nystagmus test, a 9 step walk and turn, and one legged stand. Leavitt & Martin cross examined the officer and showed reasonable doubt.

The Commonwealth bears the burden of proof to show someone was driving under the influence of alcohol. If the Commonwealth has a certificate of BAC then that's pretty easy to do. If there is an admissible BAC at .08 or above then there is a presumption the driving was under the influence. Since we got the certificate of BAC stricken from the record there was no presumption of intoxication. Once that happened, the officer needed to show intoxication based on the results of the field sobriety tests and our client's statements at the scene.

The Commonwealth was unable to prove their case and the judge completely dismissed the case. Our client also had a failure to appear warrant and that case was also completely dismissed. So our client did not have any negative impact due to these charges.

Disclaimer: every case is different and past results do not guarantee or predict the future. Call today for a free consultation at 8048734004

Hopewell 82 in 70 Dismissed, No Fine or Costs

Sat, 06 Apr 2019 01:21:16 GMT

82 mph in 70 COMPLETELY DISMISSED

Disclaimer: every case is unique and past results do not guarantee or predict the future.

Leavitt & Martin take special care to ensure that our clients receive the best outcome possible for their cases. Yesterday we went to court for someone charged with driving 82 mph in a 70 mph zone.

Some cases are dismissed with driving school, but this case was completely dismissed with no fine or court costs. Our client did nothing prior to the court date. I was able to go to court so my client did not have to go and the case was COMPLETELY DISMISSED! This was the only case all day that was dismissed like this!

Call for a free consultation at 8048734004.

Three Serious Reckless Driving Accidents Dismissed

Tue, 02 Apr 2019 22:28:00 GMT

Leavitt & Martin Pleads Not Guilty and Wins Three Reckless Driving Accident Cases

Disclaimer: Every case is unique and past results do not guarantee or predict the future.

Leavitt & Martin analyze EVERY case to get the best outcome possible. Recently we represented THREE clients in THREE different courts who were charged with Virginia reckless driving based on accidents. The cases were in Sussex, Prince George, and Chesterfield County. In each case, we entered a plea of NOT GUILTY and tried the case.

We were able to successfully try each of the cases and win on legal defenses. Legal defenses in accident cases DO exist. It is important to evaluate every reckless driving accident for potential legal defenses. On one case, I noticed a legal defense the prosecutor was not aware of. On another case, we convinced the judge to dismiss the case after trial. We successfully argued that the Commonwealth did not meet the elements of the offense and the judge dismissed the case.

Reckless driving cases are not always easy to prove. Today I successfully defended a client in Chesterfield where my client admitted blowing through a stop sign and hit another vehicle. That should have been a conviction all day long. However, a thorough review revealed a legal defense the prosecutor did not notice. I took advantage, entered a plea of NOT GUILTY and we tried the case and had a full trial. The judge dismissed the case entirely after a full trial.

Call today for a free consultation at 8048734004 and we can discuss your case and any possible legal defenses.

Greensville Reckless Driving 88 MPH Reduced No Points

Tue, 02 Apr 2019 22:03:58 GMT

High Speed 88 MPH Greensville Reckless Driving Reduced with No Points

Disclaimer: Every case is different and past results do not guarantee or predict the future.

Leavitt & Martin represented a client on April 1 in Greensville/Emporia General District Court charged with reckless driving by speed, 88 mph in a 70. This is considered a HIGH SPEED reckless driving case. There are many judges who will not reduce a case at 88 mph.

We were able to prepare our client's case in court such that the judge BOTH reduced the charge AND reduced with NO POINTS. That means that our client should not face ANY insurance issues and this should be as good as a complete dismissal but for paying the fine and costs.

We put the time and effort into each case to get the best outcome possible for each particular case. Call today for a free consultation at 8048734004.

Chesterfield County Reckless Driving Accident Dismissed

Tue, 02 Apr 2019 21:54:47 GMT

Serious Reckless Driving Accident Case Completely Dismissed After Trial

Disclaimer: Every case is unique and past results do not guarantee or predict the future.

Today I represented a client charged with reckless driving in Chesterfield General District Court in Chesterfield County, VA. Accident cases in Chesterfield are treated VERY serious. In general, accident cases range in severity exponentially from:

1. whether it was a SINGLE VEHICLE ACCIDENT or other vehicles were involved
2. whether there were INJURIES or not
3. what the driving record looks like
4. the reason for the accident

Single vehicle accidents are serious but not as serious as accidents involving other vehicles. This case had every bad scenario:

My client ran through a 4 way stop sign and hit another vehicle. Running through a stop sign is dangerous. It isn't like my client hydroplaned or had a tire blow out. So the reason for the accident was bad. In addition, my client hit another vehicle. To make matters worse, the other driver was injured. Finally, the driving history of my client was terrible. My client just finished driving school less than three months prior and had multiple recent convictions on the driving record. So as far as accidents go, this one was very bad.

However, the officer charged my client under a code section that was difficult to convict on. I advised my client to plead NOT GUILTY and to try the case. At trial, my client entered a plea of NOT GUILTY and the prosecutor was not able to prove his case beyond a reasonable doubt and the case was COMPLETELY DISMISSED.

My client walked away with no fine or court costs. For a case like this, jail time was definitely possible, as was a license suspension. Call today for a free consultation if you have a Chesterfield reckless driving accident or other traffic case at 8048734004.

Nottoway Speeding Ticket Dismissed Not Guilty

Wed, 20 Mar 2019 18:17:46 GMT

Speeding Ticket Dismissed in Nottoway General District Court Today

Today I represented someone in court for a speeding ticket at 15 mph over the limit. This was charged as SIMPLE SPEEDING and not reckless driving because the speed was less than 81 mph and less than 20 mph over the speed limit.

I entered a plea of NOT GUILTY and the judge completely DISMISSED the case with no fine or court costs. In short, the prosecutor could not prove that my client was speeding. As a result, the judge had to dismiss the case completely with no fine or court costs.

Call today for a free consultation about your speeding ticket at 804-873-4004.

How Much is a Speeding Ticket in Virginia?

Sun, 17 Mar 2019 04:33:50 GMT

Virginia speeding tickets cost more money than you would think. The costs for a Virginia speeding ticket includes:

cost of the fine
court costs
insurance costs
attorney costs (if you hire a lawyer)
employment cost (if you have a CDL or work for UBER)

Virginia Speeding Ticket Costs

FINE AND COURT COSTS FOR VIRGINIA SPEEDING TICKETS

Virginia speeding tickets and reckless driving are COMPLETELY DIFFERENT. If your ticket was written MORE THAN 80 MPH, so 11 mph over at 81 mph or more then you do not have a Virginia speeding ticket. You need to visit our RECKLESS DRIVING page and learn more about your actual charge.

For simple speeding tickets (less than 81 AND 19 mph or less under the limit) there is a prepaid amount. For most speeding tickets it is $6 per mph over the speed limit. Court costs are usually in the ballpark of $61. That will give you an estimate if you want to PLEAD GUILTY and get the demerit points, the insurance premium increase, and any other associated costs.

Virginia Lawyer Costs for Speeding Tickets

Every case is different and so the fees will be different. Leavitt & Martin charges fees on a FLAT RATE FEE basis with no surprises. There are no hidden costs. You pay a flat fee for the attorney fee and that's the only fee you will ever pay. I have personally gone to court for someone more than 4 times. I was happy to do it because the case got dismissed. But that client charged a flat fee and I worked for that dismissal.

The attorney fee does not cover any fine or court costs. It only covers the attorney fee from start to finish.

What Can a Lawyer Do for a Virginia Speeding Ticket?

Most people who hire me want to get their Virginia speeding ticket dismissed or reduced so as to avoid or minimize points and a license suspension. North Carolina drivers hire us frequently because they have laws dealing with speeding tickets over 80 and 15 mph or more over the limit that result in a LICENSE SUSPENSION they tell me.

In addition, commercial drivers hire us to avoid points. Speeding tickets do not look good on background checks. Companies need to hire safe drivers. These companies run frequent background checks and even a simple speeding ticket can threaten employment. So we can usually help keep points off the record or even get their Virginia speeding ticket dismissed.

Henrico 83 MPH in 55 Dismissed with No Fine and No Costs of Court

Sat, 16 Mar 2019 01:11:25 GMT

Reckless Driving in Henrico COMPLETELY DISMISSED WITH NO FINE OR COSTS

Disclaimer: Every case is different and past results do not guarantee or predict the future.

Reckless driving is a serious charge and it will result in a permanent criminal record if you are found guilty. Our client came to us with a serious charge. We told our client about things to do that could improve her chances of getting the best outcome possible and the case ended up getting completely dismissed with NO FINE AND NO COURT COSTS.

It is very rare for a judge to dismiss a case like this. Call today for a free consultation at 804-873-4004.

7 Emporia, VA Reckless Speeding Cases Reduced with No Points

Sat, 16 Mar 2019 01:00:58 GMT

Recent Reckless Driving Cases in Emporia, VA Reduced with No Points

Disclaimer: Every case is different and past results do not guarantee or predict the future.

Yesterday Leavitt & Martin went to court for 7 clients charged with reckless driving by speed, and simple speeding. The charges ranged from speeds of:

86 mph in 55
83 mph in 55
80 mph in 55
77 mph in 55
74 mph in 55
74 mph in 55
74 mph in 55
74 mph in 55

Every one of these cases is different. The fastest client had a COMMERCIAL DRIVER'S LICENSE. These were all serious charges and we were 100 percent successful in reducing these to non moving violations that have no points called defective equipment.

CALL TODAY FOR A FREE CONSULTATION AT 804-873-4004

Dinwiddie Reckless Driving Reduced with No Points

Sun, 10 Mar 2019 02:47:32 GMT

Reckless Driving Charge in Dinwiddie, VA Reduced with No Points

Every case is different and past results do not guarantee or predict the future.

Leavitt & Martin represented a client charged with reckless driving by speed in Dinwiddie, VA. His charge was 82 mph in a 70. Our client had a lot riding on this because of what he does for work. We spent a lot of time with the client creating a game plan to reduce the charge.

On the court date, we were able to get his reckless driving charge reduced all the way to a non moving violation that has no points. Not only did he avoid the misdemeanor, but he avoided an insurance penalty as well since there were no points.

Call today for a free consultation about your Dinwiddie traffic case. 804-873-4004

Amelia 83 MPH in 60 Dismissed

Sun, 10 Mar 2019 02:35:08 GMT

High Speed Amelia 83 MPH in 60 COMPLETELY DISMISSED

Leavitt & Martin specialize in Virginia reckless driving, DUI, speeding tickets and traffic law. Amelia is not an easy location to get a ticket. Reckless driving is a more serious charge, and 23 mph over the speed limit is definitely not a lower speed.

We talked to our client, and we crafted a plan that would position the case in the best way possible for court. At the court hearing, my client did not have to show up and the case was completely dismissed.

There will be no misdemeanor, no license suspension, no fine, and nothing will appear on the driving record for a conviction.

Disclaimer: Every case is different and past results do not guarantee or predict the future. Call today for a free consultation at 804-873-4004

5 Sussex Reckless Driving Cases Reduced

Sun, 10 Mar 2019 02:19:00 GMT

Sussex VA Reckless Driving Cases Reduced This Week

This week Leavitt & Martin represented 5 clients charged with reckless driving by speed in Sussex General District Court. The cases were at speeds of:

99 MPH reckless driving

these cases almost NEVER get reduced in Sussex

92 MPH reckless driving
85 MPH reckless driving
85 MPH reckless driving
82 MPH reckless driving

Disclaimer: Every case is different and past results do not guarantee or predict the future.

We prepared each case differently. The court does VERY different things at each speed. 99 MPH cases in SUSSEX RARELY get reduced. I have seen lower speeds get JAIL time.

Every case truly is different. Call today for a free consultation. 804-873-4004

Virginia Aggressive Driving Course

Fri, 08 Mar 2019 04:10:32 GMT

What is the Virginia RADEP Aggressive Driving Course?

Virginia RADEP is an aggressive driving course. Many people are confused about this. Is there a 4 hour aggressive driving course or is there a 12 hour school? The following blog post will answer common questions people have regarding what the Virginia aggressive driving course is and where to take it. Also, should you take the aggressive driving school and if so, WHEN should you take driving school? I will answer all of these questions in depth. As an experienced Virginia reckless driving lawyer , Leavitt & Martin can advise about these important issues.

Virginia 12 Hour RADEP Driving School

Virginia offers a 12 hour RADAP driving school. The 12 hour driving school in Virginia is frequently referred to as "RADEP." RADEP stands for Reckless/Aggressive Driver Education Program. The entire course is 12 hours. However, it is a bit misleading. The Virginia aggressive driving course is really only 4 hours. The remaining 8 hours are the standard Virginia driver improvement course.

So if a judge orders RADEP, or aggressive driving, they are usually requiring BOTH the standard 8 hour driver improvement course PLUS the 4 hour aggressive driving course. Every RADEP provider will provide access to complete both courses.

Where to Complete Aggressive Driving Course in Virginia?

When deciding on an aggressive driving course, it there are important considerations. You need to first of all make sure that you can enroll in and finish the driving school in a timely manner to comply with any court orders.

There are generally two options, and in some courts there is a third option. The first two Virginia aggressive driving courses are in person. The third option is not a Virginia driving school, but it is online and some judges accept this for out of state drivers. So you really have to know your courts.

Option 1: VASAP RADEP DRIVING COURSE FOR AGGRESSIVE AND RECKLESS

There are many places that offer the 12 hour Virginia aggressive driving RADEP course. The Virginia Alcohol Safety Action Program, or "VASAP" for short, offers the Virginia reckless/aggressive driver education program. You can go to their website here and search for a location. Then you need to verify they offer the course and find out when the course is.

The problem with the VASAP reckless and aggressive driving course is timing. VASAP courses tend to fill up quickly, and they just don't provide the level of on demand service that private driving school companies do. VASAP is a government funded organization, and as such they are often slower than private companies.

Option 2: Virginia Aggressive Driving Course with a Private Company

Many lawyers, and some judges, do not know that private companies also offer the Virginia aggressive driving course. Again, the aggressive driving school in VA consists of a 4 hour aggressive driving course PLUS an 8 hour regular driver improvement course.

When a judge orders "aggressive driving" they are ordering the 12 hour course. Many private companies offer this Virginia aggressive driving course. Here are some good options for Richmond and Northern Virginia:

Richmond: ALL WISE DRIVING SCHOOL offers courses frequently and they seem to do a great job. If you are in the Richmond area, I highly recommend ALL WISE.

Northern Virginia: AA DRIVING ACADEMY has locations all over northern Virginia and they seem to do a great job as well. If you are near northern VA and need to do the 12 hour driving school then this is your place.

Option 3: Online 12 Hour Driving School

You have to be careful here. Some judges do not allow online driving school. Virginia DMV does not offer a 12 hour online RADEP driving school for aggressive driving.

However, SOME judges accept courses that are online for reckless and aggressive driving courses. So you need to be VERY careful here. These driving schools that are online usually offer certificates of completion that are emailed to you. This can save a lot of time.

Should I Take Driving School BEFORE Court?

This right here is probably the most common question people ask and can get led astray by the internet. The internet causes the most convictions for Virginia speeding tickets and reckless driving tickets for this reason alone.

I was on REDDIT and someone posed a question about a Virginia reckless driving ticket. And people either responded by saying "you're going to jail, hire a lawyer" or "just do driving school and they will dismiss it." Both of those responses are highly troublesome.

Driving school varies from court to court. Virginia law says that judges have discretion to send someone to driving school to reduce or dismiss a speeding ticket. However, they do not have to. There are VERY important rules you need to know before you sign up for driving school.

Never Do Driving School BEFORE You Consult with a Virginia Traffic Lawyer

The reason for this is that you may actually do HARM to your case. Every court is different and every judge is different with how they treat driving school:

some courts don't consider driving school
some courts won't accept online driving school
some courts won't let you do driving school if you have been within the last 3, 4, or 5 years
some courts want you to do aggressive driving school
some courts want you to put a specific reason code for taking the course
some courts will only consider driving school at certain speeds
some courts will only accept certain types of certificates of completion

If there is one area that requires EXPERTISE, it is driving school.

How Driving School can Hurt Your Case

Yes, doing driving school can negatively impact your speeding ticket or reckless driving ticket. You may be in front of a judge who requires an in person driving school and you did it online. So the judge will not accept your certificate. In addition, since you did driving school, you disqualified yourself because many judges will only allow you to complete driving school once every five years.

The most common way this can HURT your speeding ticket is if you put the wrong reason code. There are many different reason codes for taking Virginia aggressive driving school and driver improvement. However, if you put the WRONG code it can HURT your case.

I have seen many judges get aggravated when people try to "play lawyer" and go up there with a driving school certificate the judge doesn't accept. Even out of town lawyers do this. You cannot treat a case in Emporia, or Greensville or Richmond, or Sussex the same as you treat a case in northern Virginia or Virginia Beach. Yet many lawyers and "pro se" defendants present these bad certificates every week and they often get dressed down in court.

You really need to know the specific court you are in, the judge you will likely have, and prepare your case appropriately.

Virginia Cell Phone Laws Updated for 2019

Sun, 03 Mar 2019 06:04:24 GMT

Virginia Cell Phone Law for 2019 Fails to Pass

The Virginia Senate and House of Representatives once again failed to pass a handheld cell phone law for 2019. That means that Virginia drivers can continue to drive distracted. Current Virginia law only bans texting while driving and it is nearly impossible to police. Virginia law 46.2-1078.1 reads:

§ 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person; or

2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

Problems with Virginia's Current Cell Phone Law

As written, there is no blanket prohibition on using your cell phone while driving. The law prohibits manual entry of letters or text in the device to communicate to one another. In addition, you cannot read an email or text.

How are the Virginia police going to police this? What if you are playing a video game on your phone? What if you are entering words into Google Maps? There are a million ways to enter words or text that have nothing to do with texting or reading an email or text message.

The only way that the police could enforce this law is if someone ADMITS they were breaking the law, or if somehow the police witness texting at a traffic stop. In the meantime, Virginia drivers continue to drive distracted.

Virginia Cell Phone Laws for 2019 That Failed to Pass

Both the Virginia House of Delegates and the Virginia Senate realize the need to change the Virginia cell phone law. In 2019 there are too many fatalities on the road. The Virginia House of Delegates drafted a bill that would ban handheld cell phone use. However, the Virginia Senate also drafted their own bill. The bills were not identical and neither the House of Delegates nor the Virginia Senate would compromise. As a result, BOTH bills failed.

The Virginia legislature needs to figure this out. Because every year more and more distracted drivers kill people. If you take a look around there are too many distracted drivers. And the way the Virginia texting law is written, it is almost impossible to enforce.

Virginia Law Does Ban Handheld Cell Phones for Anyone with a Provisional License

Anyone who is under 18 years of age will be driving on a provisional license. One of the restrictions is that you cannot use a handheld cell phone unless it is for an emergency. This makes sense. However, it only applies to minors. Once you are no longer under a provisional license then you can use your handheld cell phone while driving if it is for a permissible use.

How Much is a Speeding Ticket in Virginia?

Thu, 14 Feb 2019 01:43:36 GMT

Virginia Speeding Ticket Cost

How much is a speeding ticket in Virginia? How much does a Virginia speeding ticket cost? As a Virginia traffic lawyer I answer these questions every day. First of all, note that speeding 20 mph or more over the limit, or over 80 mph is not speeding. Thus, driving 81 mph in a 70 is reckless driving by speed. This is not a prepayable ticket and it is a criminal misdemeanor. Speeding tickets are prepayable though.

The “cost” of a Virginia speeding ticket is similar to purchasing a new car. You think you have negotiated a great deal, and then the dealer tacks on dealer costs, and shipping/freight costs. Here is the formula to figure out how much a speeding ticket is in Virginia:

Actual Virginia Speeding Ticket Cost = prepaid amount of the ticket, including the court costs, plus insurance premium increase

Using this formula, you can get an idea of how much it will actually cost you for your Virginia speeding ticket. Many people choose to just pay these speeding tickets and then they call me when their insurance skyrockets. At that point it is too late. If you factor in the insurance cost, it will help you make a better decision.

This table only applies to certain speeding tickets in Virginia. Reckless driving by speed is NOT a prepayable offense. So if you were driving 81 mph or more OR 20 MPH or more then that is reckless driving and it is not prepayable. In addition, speeding in a work zone, residential area, or school district, etc. has added penalties. This chart is for reference purposes only and is not accurate for all speeding tickets. The insurance premium increases are based on a recent study of six major insurance carriers. Note that most insurance companies use a 5-10 year period as the “lookback” period and so the 3 year column in the table is likely underestimating the actual cost.

TRUE COST FOR VIRGINIA SPEEDING TICKET IS THE PREPAYABLE AMOUNT PLUS INSURANCE PREMIUM INCREASE

Recently, there was a study completed for thousands of people convicted of traffic tickets. The study tested measured the average increase in insurance rates. This study showed that even minor speeding tickets will cost thousands of dollars over 3-10 years. Insurance companies use what is called a “look back period.” Simply put, it is the period of time the insurance company looks back at to determine your rates. Most insurance companies use a 5-10 year look back period.

That means that any speeding ticket will impact your insurance rates for 5-10 years. I published an article detailing the impact tickets have on insurance premiums HERE .

VIRGINIA SPEEDING TICKET LAWYERS CAN OFTEN AVOID INSURANCE INCREASES

As a Virginia traffic lawyer, I specialize in reckless driving, speeding tickets, and other traffic violations. Leavitt & Martin has successfully defended thousands of client over the years. There are many reasons to keep your driving record clean. Every state has a DMV, and they all keep track of points. The days of getting an out of state speeding ticket and not having problems are over. The fact is that all of the different states talk to each other. So when you get a ticket in one state, every state knows.

9 GREENSVILLE RECKLESS DRIVING CASES REDUCED, NO POINTS, IN THE NEW YEAR!

Sun, 10 Feb 2019 04:43:16 GMT

On Wednesday, Leavitt & Martin represented 9 clients charged with reckless driving by speed. Two of the cases were motions to reopen, which the judges don’t really like. The speeds for the reckless driving charge were:

83 mph in 70 (3 cases)

85 mph in 70 (2 cases)

81 mph in 70

82 mph in 70

The two motions to reopen were speeds of 81 mph and 85 mph. Every one of our cases was reduced to a non moving violation that has no points. While we cannot ethically guarantee a result, our success rate was 100 percent in getting those charges reduced.

MOTIONS TO REOPEN IN GENERAL DISTRICT COURT ARE DISFAVORED

Why would you file a motion to reopen? Well, two of our clients were told they could just pay their Virginia reckless driving charges. However, they were not told that their LICENSES would be suspended. Yes, that is correct. Even though the judge did not suspend their license, the conviction was reported to their home state and in this case, Connecticut and Kansas suspended their license.

Many states automatically suspend your license for any conviction for reckless driving. Out of state reckless driving tickets have more serious consequences and penalties a lot of the time. Connecticut, Kansas, Georgia, DC, Michigan, South Carolina are all states I have seen this happen in. The issue is that it is often TOO LATE to do anything about it.

AT LEAVITT & MARTIN WE SPECIALIZE IN TRAFFIC COURT

Leavitt & Martin consists of Daniel Leavitt and Corey Martin. We do not hire low level lawyers with no experience. We do not pass our cases off. We handle our cases, and by doing so, we can get better results often.

For the motions to reopen that we handled, we needed to fix license suspensions for our clients and we were able to do that. I get a lot of phone calls from people who want to fix a conviction. Today someone called me with a conviction from THREE YEARS ago and he wanted to fix it because it kept impacting his EMPLOYMENT. I had to tell him I could not help.

If you have a reckless driving charge in Virginia, you will want to try to get your ticket reduced or dismissed so you don’t find yourself trying to reopen a conviction. Because a lot of times it may not be possible and even when it is, our fees are much higher on a motion to reopen. Get it right the first time!

Brunswick Virginia Reckless Driving Cases Reduced with NO POINTS

Sat, 09 Feb 2019 22:18:00 GMT

Brunswick, Virginia Reckless Driving is a Serious Charge Virginia defines reckless driving as anything OVER 80 mph. Therefore, if you were driving 81 miles per hour in a 70 miles per hour zone, then you are technically guilty of reckless driving. The problem is that reckless driving is criminal. It is not a speeding ticket.[...] The post Brunswick Virginia Reckless Driving Cases Reduced with NO POINTS appeared first on Leavitt & Martin.

Brunswick, Virginia Reckless Driving is a Serious Charge

Virginia defines reckless driving as anything OVER 80 mph. Therefore, if you were driving 81 miles per hour in a 70 miles per hour zone, then you are technically guilty of reckless driving. The problem is that reckless driving is criminal. It is not a speeding ticket. Yes, you were speeding. However, you are guilty of a criminal offense. It is important to do everything possible to REDUCE the charge.

If you do not get it reduced, you face the following potential problems:

The bottom line is, if you can get this reduced you should. Many times we can get these cases reduced. Leavitt & Martin have successfully defended over 5000 reckless driving cases. We usually know what we can accomplish on any given case.

Reckless Driving in Brunswick, VA Reduced with NO POINTS

Sometimes we can get cases reduced with no points. This means there is usually NO INSURANCE impact. Also, there is no criminal conviction if it’s reduced.

Call today for a free consultation at 804-873-4004. Every case is different and past results do not guarantee or predict the future.

The post Brunswick Virginia Reckless Driving Cases Reduced with NO POINTS appeared first on Leavitt & Martin .

Richmond Underage Possession of Alcohol COMPLETELY DISMISSED

Sat, 09 Feb 2019 21:53:00 GMT

Richmond Underage Alcohol Charge Dismissed Leavitt & Martin specialize in traffic and misdemeanor criminal defense. We have successfully defended over 5000 misdemeanor cases in Virginia. This week, we successfully defended an underage possession of alcohol charge. College students often get charged in Richmond for alcohol possession. It is important to get these cases dismissed. Richmond,[...] The post Richmond Underage Possession of Alcohol COMPLETELY DISMISSED appeared first on Leavitt & Martin.

Richmond Underage Alcohol Charge Dismissed

Leavitt & Martin specialize in traffic and misdemeanor criminal defense. We have successfully defended over 5000 misdemeanor cases in Virginia. This week, we successfully defended an underage possession of alcohol charge. College students often get charged in Richmond for alcohol possession. It is important to get these cases dismissed.

Richmond, Virginia underage possession of alcohol is a criminal offense. The potential penalties are:

Now more than ever, employers are really looking at criminal records. When an employer has two equal candidates and one has a record, which one will they choose? At Leavitt & Martin we understand that everyone makes mistakes. But those mistakes should not follow you the rest of your life. Our clients are often students at:

Alcohol Possession Dismissed

This case was COMPLETELY dismissed. There was no fine or court costs. And our client is free to get this charge EXPUNGED if they want to.

Call today for a free consultation at 804-873-4004. We practice in the following locations:

The post Richmond Underage Possession of Alcohol COMPLETELY DISMISSED appeared first on Leavitt & Martin .

Chesterfield Reckless Driving 63 mph in 35 mph DISMISSED

Sat, 09 Feb 2019 21:40:00 GMT

Chesterfield reckless driving is a serious matter. Leavitt & Martin specialize in traffic, reckless driving, DUI, and speeding ticket defense. This week we represented a client in traffic court charged with misdemeanor reckless driving. We prepared the case in such a way that the reckless driving charge was COMPLETELY DISMISSED. Our client didn’t even pay[...] The post Chesterfield Reckless Driving 63 mph in 35 mph DISMISSED appeared first on Leavitt & Martin.

The range of punishment for reckless driving is:

Chesterfield is not an easy location. And 28 miles per hour over the speed limit is a higher speed offense. This was a great result. Our client was VERY happy.

happy clients

Every case is unique and past results do not guarantee or predict the future. Call today for a FREE CONSULTATION 804-873-4004.

The post Chesterfield Reckless Driving 63 mph in 35 mph DISMISSED appeared first on Leavitt & Martin .

Speedometer Calibration

Sat, 09 Feb 2019 00:00:00 GMT

WHAT IS A SPEEDOMETER CALIBRATION?

Speedometer calibration tests the accuracy of your speedometer. Wheel sizes, tire diameter, and tire height impact miles per hour. Virginia law § 46.2-942 governs the admissibility of speedometer calibrations. A judge or jury MUST consider a notarized copy of the calibration test in determining guilt or innocence. In addition, the speedometer calibration must be considered in fixing the punishment. A dynamometer, or “dyno” is used to measure the accuracy of the speedometer at different speed intervals. Any Virginia speedometer calibration must be sworn or notarized.

Every week I watch people present documents in court that are not true calibrations. Even some attorneys try to do this. Virginia speedometer calibrations must be sworn. That means a notary must swear the certificate is a true and accurate certificate of the results. Virginia calibrations test the speedometer accuracy at different speed intervals. They usually look like a chart, or a table.

Many people falsely believe they can take their vehicle to a repair shop and present the repair bill as a “calibration.” In reality, it is just a repair bill and not a calibration. True, the shop may say they replaced your speedometer cluster or instrument cluster. It may say they did work on your speedometer. The truth is that in every court I practice these repair bills are given no weight. These are not actual calibrations that test the speedometer.

SPEEDOMETER CALIBRATION COST

Speedometer calibration cost will vary depending on where you take your vehicle to get calibrated. Most speedometer calibrations will cost about $50-100 but some places charge more. You do not necessarily get what you pay for when it comes to calibrations. Calibrations checks should not take a lot of time. The auto body shop will hook your vehicle up to the dynamometer, and measure the accuracy of your speedometer. They measure it at different speed intervals, and the shop notes any differences between your vehicle’s speedometer reading and the correct speed.

SHOULD YOU GET A SPEEDOMETER CALIBRATION?

Whether you should get a speedometer calibration or not depends on what court you are in. Where did you get your ticket? Every judge is different on how they treat calibrations. Some judges give calibrations a lot of weight, and some give them almost no weight at all. Remember, the law just says courts must consider them. It does not say what weight the judge or jury must give them. Therefore, before you invest your time and money into a speedometer calibration, you should know whether or not it will help.

It is important to know the judge for your particular case. I know one lawyer who recommends that his clients get calibrations on EVERY case. This is a poor strategy. Why would you refer a client to get a calibration unless it could make a difference? On top of the speedometer calibration cost, it takes time and effort to get calibrations. I don’t recommend them UNLESS there is a chance it would benefit my client.

Keep in mind the potential for future tickets. If the speed of the car is not registering correct you might get speeding tickets. You may not be able to follow the speed limit if the speedometer is reading incorrect. Traffic court is not the only reason to get a calibration. You need to make sure you can trust your speedometer. Accurate speedometers read the miles per hour correctly.

WHERE TO GET SPEEDOMETER CALIBRATION?

Any good traffic lawyers know where to get a speedometer calibration. In my experience, many calibration shops operate in a negligent manner. Consider the following true case:

“When Dana Schrad’s son got a speeding ticket several years ago, she knew they needed to get the car’s speedometer calibrated.Her son drove the older-model Ford on the highway and Schrad followed in her vehicle, pacing his car to measure the speed. They discovered that the speedometer on the Ford was off by at least 5 mph. Yet two separate professional calibrations later found nothing was wrong with the car, said Schrad, who is executive director of the Virginia Association of Chiefs of Police.”

This case illustrates that is is important to know where to get speedometer calibrated. If you don’t know where to get a speedometer calibration, you may very well be wasting your money. In my opinion, every speedometer will have some variance. Speedometer accuracy is impacted by tire size, tire inflation, and even the tire tread. Temperature and speed can impact tire inflation, which will impact the accuracy of your speedometer. I am skeptical of any speedometer calibration shop that provides a certificate that is 100 percent accurate at every speed. There should be some variation, even if it’s small.

Be careful where you get your speedometer calibrated. Where to get your speedometer calibration done is a trade secret. I give my clients legal advice where to get calibrations. Reckless driving and speeding The shops that I have vetted over the years seem to do a very good job. I have never had any issues. The calibrations are done professionally and I will continue to recommend these shops as long as that is the case.

HOW TO USE A SPEEDOMETER CALIBRATION IN COURT

Determine whether the speedometer is accurate or not: Speedometer calibration certificates can be helpful. If your speedometer reads HIGHER than the actual speed that doesn’t help. If your speedometer reads LOWER than the actual speed, it MAY help.
Determine if a calibration will help or not: Every court is different. I know judges where speedometer calibrations help. I know others where it really doesn’t help. And still others it will help at different speeds. Speedometer calibrations help locate inaccurate speedometers.
Determine how to use your calibration: Speedometer calibrations are usually helpful to MINIMIZE the punishment. It can help take a reckless driving charge or speeding ticket to non moving violations. That usually avoids points.

Your insurance will often increase because of a traffic stop. Speedometer checks help even with recently purchased vehicles. The gear ratios could be off. Auto repairs, tire diameter, tire height, and tire size impact speedometer accuracy. Wheel sizes impact miles per hour. If it makes sense, bring your vehicle in for a speedometer check.

SPEEDOMETER CALIBRATION SUMMARY

Getting a traffic ticket due to a traffic stop is not fun. You may want to check the accuracy of your speedometer if:

you have a speeding charge
you are charged with reckless driving by speed

Reckless driving by speed is a criminal misdemeanor. You should avoid it at all costs. Speedometer calibration certificates can help reduce reckless driving and speeding tickets. They tell whether the speed of the car is reading correct. Inaccurate speedometers result in speeding tickets. With a speedometer calibration, you can often reduce a charge to nonmoving violations. Nonmoving violations have not points. That will save you a lot in insurance.

Can You Expunge a DUI in Virginia

Thu, 31 Jan 2019 00:00:00 GMT

You most likely will not be able to expunge your DUI in Virginia. Most people who ask this question have been convicted of a DUI. If you are convicted, that means you were found guilty. In Virginia, you can only expunge certain records. Virginia law section 19.2-392.2 says you can expunge the following:

if you were acquitted (found NOT GUILTY) of the DUI
if the prosecutor nolle pross’d the DUI
nolle prosequi means “decline to prosecute” the DUI
if the charge was “otherwise dismissed”
if someone is found guilty, and later granted a pardon
victims of identity theft for DUI

Expunging a Virginia DUI or DWI is very rare. Most prosecutors do not drop (nolle prosequi) a DUI charge unless there is a legal defense. You can potentially expunge a Virginia DUI in one of these situations.

WHAT ABOUT A CONVICTION FOR DUI, CAN YOU EXPUNGE IT?

The short answer is that Virginia law does not currently allow you to expunge a conviction. The only way would be if you were granted a pardon because you were really not guilty. If you obtain a pardon, then you can expunge the conviction for DUI. However, absent a pardon, you cannot expunge a DUI in Virginia.

The only other way to expunge a DUI in Virginia is if you were the victim of identity theft. Sometimes people get pulled over and use identifying information for someone else. The conviction then gets reported for the wrong person. I successfully expunged a case like this. My client had to show the court that he was not the person who got stopped. If someone used your information, then you can potentially have your DUI charge expunged from your criminal record. However, you will need to satisfy the judge that it was not actually you.

IS THERE ANYTHING TO DO?

If you do not meet any of these requirements for expungement then there probably is not anything you can do. Some judges and prosecutors take a pretty liberal view on expunging records. If you can convince a judge and/or prosecutor to go along with it, then some courts will bend a little on the rules. This is more common in situations where there is a first offender law. For example, marijuana possession has a first offender program. Technically, these charges were not eligible to expunge. However, many courts would bend the rule and expunge these records.

In the area of DUI, judges and prosecutors would be less likely to bend rules. Organizations such as Mother’s Against Drunk Driving, and others keep track of DUI offenses. If judges were to start bending the rules, they would likely face a lot of backlash from the public.

Most DUI charges in Virginia begin in general district court. If that is the case, you have an automatic right to appeal your case within 10 days. If you are within your 10 day appeal period, then you can appeal your conviction to circuit court. However, if you want to expunge a DUI in Virginia from five or ten years ago it is likely not possible.

Speeding Ticket in VA with NC License

Wed, 30 Jan 2019 00:00:00 GMT

I HAVE A SPEEDING TICKET IN VA WITH NC LICENSE, WHAT WILL HAPPEN?

If you have a speeding ticket in VA with NC license then you need to be aware of the process. At Leavitt & Martin, we have represented thousands of North Carolina drivers with a speeding ticket in Virginia. Here is how the process works:

you get a speeding ticket in Virginia and have a NC license
only a CONVICTION will first get reported to the Virginia dmv
then the Virginia DMV notifies the NC dmv of the conviction
they do not notify NC about the original charge, only the conviction
the consequences then will hit your dmv record and insurance just like you got the ticket in North Carolina

GIVE ME SOME PRACTICAL EXAMPLES OF SPEEDING TICKETS IN VIRGINIA

Imagine you get a speeding ticket in Virginia for driving 74 mph in a 55 mph zone. If you choose to “pay the ticket” then you are pleading guilty. The conviction for speeding, 74 mph in a 55 gets reported to North Carolina. Under North Carolina law, your license will be suspended for a period of at least 30 days. If you have prior offenses, it could be longer. The points also hit your driving record, and then your insurance will increase from there.

Although Virginia does not have prayer for judgment, a skilled Virginia traffic attorney can often get a charge like this reduced. Depending on the court, we can sometimes get the case dismissed. Common outcomes for Leavitt & Martin at that speed with a good driving record are:

reduced to defective equipment which is a non moving violation that has no points
dismissed with driving school

In the case of bad driving records we can often get speeding tickets in Virginia reduced to a speed there would not involve a license suspension.

OTHER NORTH CAROLINA SPEEDING LAWS RELEVANT TO VIRGINIA SPEEDING TICKETS
If you live in North Carolina and got a Virginia speeding ticket, then you need to know special rules North Carolina imposes.

RULE 1: License suspension for 30 days for speeding 15 or more over the limit in a 55 mph zone

RULE 2: License suspension for 30 days driving OVER 80 mph

RULE 3: Increased license suspension for prior tickets

IS YOUR VIRGINIA SPEEDING TICKET JUST SPEEDING, OR IS IT RECKLESS DRIVING BY SPEED?

Many North Carolina clients call me and they begin the conversation by saying they have a speeding ticket in VA. The first question I ask is how fast they said you were going. In Virginia, anything OVER 80 mph is RECKLESS DRIVING BY SPEED. That is not a speeding ticket. A speeding ticket is a traffic infraction in Virginia, and it carries a maximum penalty of a fine of $250.

Driving 81 mph in a 70, however, is a class 1 criminal misdemeanor. The potential range of punishment is: up to a year in jail, up to a 6 month license suspension, and a fine up to $2500. So driving over 80 mph in Virginia is NOT a simple speeding ticket.

Greensville/Emporia 93 MPH REDUCED TO DEFECTIVE EQUIPMENT, NO POINTS

Tue, 22 Jan 2019 19:24:00 GMT

At Leavitt & Martin, we specialize in traffic tickets like reckless driving by speed, speeding, and DUI. Every case is unique and for that reason we try to create an approach that will get our clients the best outcome possible in court. Recently we represented a client charged with driving 93 mph. That alone is[...] The post Greensville/Emporia 93 MPH REDUCED TO DEFECTIVE EQUIPMENT, NO POINTS appeared first on Leavitt & Martin.

Recently we represented a client charged with driving 93 mph. That alone is a serious charge, however the speed zone was 60 mph. Out of state drivers often face more severe consequences. We were able to prepare the case in such a way that the charge got reduced to a non moving violation that has no points.

This outcome was highly unusual. We are usually VERY happy to get a charge reduced out of reckless driving at that speed and avoid a license suspension and jail. Every case is unique and past results do not predict the future. Leavitt & Martin has an Emporia, Virginia and Greensville, Virginia office. Emporia is the independent city within Greensville county. Daniel Leavitt & Corey Martin have over 18 years of combined legal experience, and have personally handled thousands of reckless driving, speeding tickets, and DUI cases.

Our firm has the expertise to position your case in such a way that you get the best outcome possible. Reckless driving is a serious charge in that it carries up to a year in jail, a fine of up to $2500 and a license suspension up to six months. Cases like this, depending on where the charge was, frequently do carry jail time. So this was really a fantastic outcome. Every case is different and every judge in Virginia is different. Preparation differs based on where the ticket was received.

Often the same exact case can turn up differently depending on where the ticket is. In some locations, the prosecutor gets involved and sometimes they don’t. Sometimes driving school can make a difference. Sometimes a specific driving school matters. Sometimes a calibration makes sense. There are a lot of different factors with how any particular case can turn out.

Call today for a free consultation about your traffic case: 8048734004.

Reckless driving reduced with NO POINTS

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Defective Equipment, What is It?

Sat, 19 Jan 2019 17:45:00 GMT

What is defective equipment? Does it have points? Does it increase insurance rates? And do you need a speedometer calibration? In short, defective equipment is OFTEN a reduced charge. It is a legal fiction. It is a way for judges to reduce a charge but not give points.

Is Defective Equipment a Moving Violation?

Defective equipment is not a moving violation in Virginia. A moving violation is behavior related, and they always carry points in Virginia. Examples of moving violations include speeding, reckless driving, DUI, turn violations, lane violations, red light tickets, stop sign violations, improper driving, etc. All of these traffic tickets are behavior related and they carry points. As a result, insurance premiums usually increase. Traffic tickets carry points and it is best to avoid points.

Defective equipment is not a Virginia moving violation. It is a non moving violation. Defective equipment has no points. Traffic tickets like defective equipment should not impact insurance.

Defective Equipment Generally Charge Virginia

Defective equipment is a non moving violation that has no points in Virginia. Virginia traffic lawyers like us use this law frequently. We specialize in reckless driving , speeding tickets, and other traffic violations. Speeding tickets and reckless driving tickets have points, which often negatively impact insurance rates a lot. However, defective equipment is a non moving violation in Virginia and it has no demerit points. Here is the text of the law :

Virginia code 46.2-1003: “It shall be unlawful for any person to use or have as equipment on a motor vehicle operated on a highway any device or equipment mentioned in § 46.2-1002 which is defective or in unsafe condition.

For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.”

As you can see, a defective equipment traffic offense is not behavior related. Speeding is a traffic offense that is behavior related. Insurance companies monitor more for moving violations.

Defective Equipment, Defective Speedometer, and Traffic School

Virginia judges are allowed by law to send someone with a traffic violation to driving school. Upon completion, the judge can reduce or dismiss the charge. In my experience, some judges do not like driving school. The reason is that it tends to put a heavy administrative burden on the court clerk’s office in keeping up with those cases. Many judges just like to dispose of the case, and get it off their radar.

Some judges use defective equipment and defective speedometer as a kind of legal fiction in the Virginia code. If someone comes to court with a speeding ticket, or a reckless driving charge, some judges will just reduce the charge to defective equipment or defective speedometer. Those are non moving violations that have no points in Virginia. The Virginia code you are found guilty of is what gets reported to the DMV.

Often, judges only reduce when the speed is fairly low, like 10-15 mph over the speed limit. However, this just depends on the individual judge. See the following case Leavitt & Martin had reduced with no points at 93 mph in a 60. This is HIGHLY, HIGHLY unusual and a great result.

If You are Charged With Reckless Driving or Speeding, This is a Great Reduction

If you were driving in Virginia and have a Virginia reckless driving traffic offense for driving too fast then you want to get the charge reduced. The code section for driving too fast for Virginia reckless driving is a criminal misdemeanor. A reckless driving conviction can lead to a license suspension. The code of Virginia defines reckless driving by speed as anything OVER 80 mph. Therefore, driving 11 mph over the limit is reckless driving. Your driver license can be suspended for it in district court or circuit court.

Traffic law in Virginia is clearly defined in Va code. Virginia law is very clear. An experienced ticket lawyer or defense attorney should be able to provide sound legal advice. Police officers frequently write reckless driving and speeding tickets. Because reckless driving is a misdemeanor, you can actually face jail time, an operator’s license suspension, high fines or a suspended license. For commercial drivers in particular, those are severe consequences.

As experienced Virginia traffic lawyers we can often get speeding tickets and reckless driving charges reduced to improper driving, reduced to defective or unsafe equipment, or get the charge dismissed. Every case is different, and the speed and driving record will play a role. In addition, the district court or circuit court where the charge occurred will play a role as well in what happens.

Defective Equipment Virginia Fine

The fine for defective equipment is the same as for almost any traffic infraction in Virginia. The fine is up to $250. There is no preset amount, so the judge will determine the fine on the court date. If the original charge was actually defective equipment, most judges give a fine of $25-50 for broken tail lights or other actual defective equipment.

When judges reduce a reckless driving charge or a speeding ticket to defective equipment, the fine is usually based on the speed on the ticket. So judges will often keep the fine the same, but reduce the charge to help avoid points. Or in the case of reckless driving, help avoid a misdemeanor and points.

Fine amounts range based on the court you are in, what the original speed cited was, and what the driving record looks like.

Defective Equipment Ticket Cost

The total cost of a defective equipment ticket includes the FINE PLUS THE COURT COSTS. In Virginia, court costs for traffic infractions are normally $61-71 but that can vary from court to court. In addition, defective equipment is often the end result. However, if the charge started as reckless driving, then court costs may be as high as $96. Court costs are a fixed amount though so they should fall within that range of $61-96. These court costs are in addition to the defective equipment Virginia fine.

How Can I Get My Speeding Ticket or Reckless Driving Charge Reduced to Defective Equipment in Virginia?

Some judges are driving school judges, and will not consider reducing to defective equipment. The reason is that defective equipment is not technically a “ lesser included offense ” of speeding or reckless driving. If you are in one of these courtrooms, you would need a speedometer calibration to possibly get this type of a reduction. A speedometer calibration is where you test the accuracy of your vehicle’s speedometer against an accurate speedometer. It measures any differences at different speed intervals. Sometimes, this can help.

However, judges are not REQUIRED to give these any weight at all. That means that they can consider them, and then just completely disregard them. Each judge is different in how much weight they give calibrations. In addition, some judges want to see that the problem was fixed. So you need to talk to a lawyer who knows YOUR particular judge who can advise you about calibrations.

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Important Case Continued and Why Leavitt & Martin is Different

Wed, 16 Jan 2019 22:09:00 GMT

Going the Extra Mile for Our Clients When our clients retain us, they do so to get the best outcome possible for their case. The best outcome for any particular judge might vary based on a number of factors such as: speed the officer clocks someone at driving record whether or not there is a[...] The post Important Case Continued and Why Leavitt & Martin is Different appeared first on Leavitt & Martin.

Going the Extra Mile for Our Clients

Better Results

When our clients retain us, they do so to get the best outcome possible for their case. The best outcome for any particular judge might vary based on a number of factors such as:

Today, we had a case in Greensville/Emporia traffic court. We prepared it for the regular judge who is there 90-95 percent of the time. However, it was NOT the regular judge in court today. The judge who was in court today would have reduced the charge, but he would not have avoided points.

As a result, we continued our case. The reasoning is that when we come back to court it should be the regular judge. And the regular judge will do better. We are the only traffic firm I see that does this. Every other law firm I see in court will just present their case, even when the judge will give a WORSE result.

At Leavitt & Martin , we take the position that we are hired to get the best outcome possible. If that means that we have to go to court a second time (without getting paid) then we will do that. We did not bill our client any additional fee. When we bill on a flat fee basis, we don’t get paid for additional appearances.

Other law firms take the position that the “don’t get paid to continue” cases. However, that is not the best approach for the client. So we continued our case, and we will go back to court a second time. The regular judge should be back and we will be able to avoid points for our client and get a BETTER result.

Call today for a free consultation about your case at 804-873-4004.

The post Important Case Continued and Why Leavitt & Martin is Different appeared first on Leavitt & Martin .

Dinwiddie Reckless Driving Dismissed

Wed, 16 Jan 2019 21:59:00 GMT

Reckless driving is a criminal misdemeanor. A conviction for reckless driving carries up to 12 months in jail, a fine up to $2500 and a license suspension up to 6 months. In addition, there are demerit points and insurance premium increases. The average increase in premiums is OVER $5000 over 5 years. Most insurance companies[...] The post Dinwiddie Reckless Driving Dismissed appeared first on Leavitt & Martin.

Reckless driving is a criminal misdemeanor. A conviction for reckless driving carries up to 12 months in jail, a fine up to $2500 and a license suspension up to 6 months. In addition, there are demerit points and insurance premium increases. The average increase in premiums is OVER $5000 over 5 years. Most insurance companies “lookback” 5-10 years. That means they assess your rates based on the last 5-10 years of driving behavior. And the average increase for reckless driving is 73 percent, second only to a conviction for DUI.

Recently we represented a client charged with reckless driving by speed in Dinwiddie traffic court. We were successful in getting the case completely DISMISSED! See some other results in Dinwiddie that were reduced or dismissed:

Dinwiddie Reckless Driving: 84 mph: dismissed

Dinwiddie Reckless Driving: 85 mph: reduced

Dinwiddie Reckless Driving: 91 mph: reduced

Dinwiddie Reckless Driving: 102 mph: reduced

When a case is reduced, the judge has some flexibility in what to reduce it to. The big thing is that once it is reduced it is no longer a criminal misdemeanor so you don’t have a permanent criminal record. In addition, there is no potential jail time or a license suspension.

For my case at 102 mph, I got the charge reduced to improper driving, which is the lowest moving violation you can have in Virginia. There was no license suspension and no jail time. Every case is different and hinges on a number of factors unique to each case. Call today for a free consultation.

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Will a Speeding Ticket Raise my Insurance?

Sun, 13 Jan 2019 18:23:00 GMT

Does a Speeding Ticket Raise Insurance for Geico, State Farm, USAA, Allstate, Nationwide, Progressive, and Farmers? Drivers always ask me, “Will a speeding ticket raise my insurance?” When people get a ticket, they want to know EXACTLY how it is going to impact them. And that’s understandable. However, the way insurance companies compute rates varies[...] The post Will a Speeding Ticket Raise my Insurance? appeared first on Leavitt & Martin.

Does a Speeding Ticket Raise Insurance for Geico, State Farm, USAA, Allstate, Nationwide, Progressive, and Farmers?

Drivers always ask me , “Will a speeding ticket raise my insurance?” When people get a ticket, they want to know EXACTLY how it is going to impact them. And that’s understandable. However, the way insurance companies compute rates varies based on the policy, the location, the person’s driving history, etc. Even your own insurance agent will likely give you a non-responsive answer to these questions and not give you a direct answer.

Recently, Insurance.com conducted a study to determine whether insurance increases for speeding tickets and other moving violations. The amount that insurance increases is pretty eye opening. You DEFINITELY don’t want to just pay a speeding ticket and you will want to try to get it reduced as low as possible.

How Does a Speeding Ticket and/or Other Traffic Tickets Get Reported?

Insurance increase

When you get a speeding ticket, there will be an opportunity for you to contest the ticket or ask for leniency. If you choose not to do that, then your ticket first gets reported to the Department of Motor Vehicles . Every state has a different name for their department of motor vehicles. Maine , Indiana , and Ohio refer to the DMV as the Bureau of Motor Vehicles. However, they all operate to keep track of motor vehicle records and driving records for individual drivers.

If you are found guilty of speeding, or any traffic ticket it gets reported to your DMV. If you got your ticket out of state then it will get reported to your home state just like you got it in state. Every state shares information with each other through the driver license compact . There are a handful of states that are not part of the compact, but the DMV’s still share information with each other.

Step 1: Once Your DMV Sees the Ticket it Goes on Your Driving Record

The DMV is charged with keeping track of traffic violations. Most states use a point system and they give you demerit points for traffic violations. However, the demerit point system is USUALLY unrelated to insurance. Insurance companies use their own system for insurance rates.

Step 2: Your Insurance Company Monitors Your Driving Record

This is often the biggest problem. There is a DELAY between when you get a traffic ticket, and when your insurance goes up. Most insurance companies run record checks when your policy is up for renewal. So that is when you will get hit with insurance. At that point, it is often too late to fix it in court and do anything about it.

So How Much Will My Insurance Increase Due to the Speeding Ticket or Traffic Ticket?

Thankfully, insurance.com recently conducted a poll across six major insurance carriers. The six insurance carriers are Geico, State Farm, USAA, Progressive, Nationwide, and Farmers. Keep in mind that these increases are PER YEAR:

AVERAGE INSURANCE INCREASE PER YEAR FOR TRAFFIC TICKET

How Long Will My Rates Go Up for a Speeding Ticket or Traffic Ticket?

Insurance companies refer to this as the “Lookback” period. Your rates are directly impacted by tickets in your past. The AVERAGE lookback period for insurance companies is between 5-10 years. This can vary based on the state, and the type of offense but the LOWEST period is 3 years and the average is 5-10. That allows you to compute the true cost of a speeding ticket or traffic ticket:

TOTAL COST OF SPEEDING TICKET ON INSURANCE 5 YEARS

Additional Considerations for Reckless Driving Besides Insurance Premium Increases

In many states, reckless driving will trigger an automatic license suspension in addition to the insurance increases. Also, Virginia defines reckless driving to be anything over 80 mph. Therefore, driving 81 mph in a 70 mph zone is reckless driving. Many people are shocked to learn that reckless driving is classified as a criminal misdemeanor. So you will have a permanent criminal record for driving 11 mph over the limit UNLESS you get it reduced. In addition to the misdemeanor, many states have an automatic license suspension for reckless driving.

When Virginia reports the conviction there is only one code for reckless driving. So it does not matter that 11 mph over is not reckless driving in your home state. All your home state will see is “reckless driving.” So just be very careful that you understand the full extent of what you are actually charged with, because it may not just be a simple speeding ticket.

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5 Emporia VA Speeding and Reckless Driving Cases Reduced NO POINTS

Fri, 04 Jan 2019 03:51:00 GMT

Emporia, VA Speeding Tickets and Reckless Driving Charges are Expensive We recently got hired to represent TWO clients who didn’t think reckless driving was a big deal because it was 81 mph in a 70, just 11 mph over the limit. However, when their states SUSPENDED their license for reckless driving then they thought better[...] The post 5 Emporia VA Speeding and Reckless Driving Cases Reduced NO POINTS appeared first on Leavitt & Martin.

Emporia, VA Speeding Tickets and Reckless Driving Charges are Expensive

Virginia reckless driving case results Emporia VA traffic court

We recently got hired to represent TWO clients who didn’t think reckless driving was a big deal because it was 81 mph in a 70, just 11 mph over the limit. However, when their states SUSPENDED their license for reckless driving then they thought better and hired us to fix it.

Reckless driving and speeding tickets often result in the following:

The bottom line is, you want to get your Emporia, VA speeding ticket reduced as much as you can. If you are charged with reckless driving in Emporia, it is even MORE important.

Leavitt & Martin Can Help: 5 Speeding Tickets and Reckless Driving Cases Reduced Today, NO POINTS

At Leavitt & Martin , we believe in providing the BEST representation and that is what we strive for. Every case is different, and the best result for a particular case will depend on the facts. Today, we had five clients charged with speeding and reckless driving in Emporia VA traffic court, and we got them all reduced with NO POINTS. That means that our clients will not pay any insurance increase for this. The speeds were:

Emporia reckless driving: 76 mph in 55 zone

Emporia reckless driving: 81 mph in 70: reduced with NO POINTS

Emporia, VA reckless driving: 85 mph in 70: reduced with NO POINTS

Emporia, VA speeding 71 mph in 55: reduced with NO POINTS and SMALL FINE

Emporia, Virginia speeding 72 mph in 55: reduced with NO POINTS

Quality Representation Leads to Better Results

We find that by personally handling our cases in court, we can often get better results. We have personally handled over 5000 reckless driving, speeding tickets, DUI, and other traffic tickets. We specialize in traffic matters, and we believe in providing the best service.

Call today for a free consultation with either Daniel Leavitt or Corey Martin . We are happy to discuss the particulars of your case.

The post 5 Emporia VA Speeding and Reckless Driving Cases Reduced NO POINTS appeared first on Leavitt & Martin .

Federal Judge Prevents Virginia DMV from Suspending Licenses for Non-Payment of Court Fines and Costs

Sat, 22 Dec 2018 02:49:00 GMT

Judge Norman Moon Grants Preliminary Injunction Against Virginia DMV Will the Virginia legislature take action and amend the law that requires automatic suspension of the license for failing to pay fines and costs? On Friday, Federal Judge Norman Moon granted a preliminary injunction against the Virginia DMV. The preliminary injunction requires the Virginia DMV to[...] The post Federal Judge Prevents Virginia DMV from Suspending Licenses for Non-Payment of Court Fines and Costs appeared first on Leavitt & Martin.

Judge Norman Moon Grants Preliminary Injunction Against Virginia DMV

Will the Virginia legislature take action and amend the law that requires automatic suspension of the license for failing to pay fines and costs? On Friday, Federal Judge Norman Moon granted a preliminary injunction against the Virginia DMV. The preliminary injunction requires the Virginia DMV to stop enforcing its policy on automatic license suspensions for failing to pay court fines and costs.

Gov. Ralph Northam came out this week and decried the Virginia Department of Motor Vehicles policy. Gov. Northam’s proposed budget would compensate for the lost reinstatement fees that are currently funding trauma centers. There has been a wave of public enmity towards the automatic suspension of licenses for non payment of court fines and costs over the last few years. Federal judges have weighed in on Virginia’s law before, and said that courts must allow people to go on a payment plan. So far, the Virginia legislature has been silent and has not repealed the law requiring a license suspension for failing to pay fines and costs.

Virginia Legislature to Repeal Law Requiring Automatic License Suspensions

If Judge Moon’s ruling stands, then the Virginia legislature will have to take action soon and repeal the law. Judge Moon ruled that Virginia’s law likely violates Constitutional due process. The Virginia legislature will need to amend the law, or likely have the law overturned in federal court. There is bipartisan agreement on both sides of the aisle that Virginia’s law perpetuates the cycle of poverty. The Virginia legislature should act soon to repeal this law and stop the DMV from suspending licenses for non-payment of fines and costs.

Attorney General Mark Herring’s office defended the Virginia DMV in the lawsuit. However, according to spokesman Michael Kelly, “As a policy matter, Attorney General Herring still supports Governor Northam’s efforts to end this practice legislatively and hopes the General Assembly will support the governor’s efforts.”

If Both Sides Work Together, Virginia Legislation Will be Passed Repealing the Virginia License Suspension Law

The writing seems to be on the wall here. A federal judge ruled that the plaintiffs were likely to win their arguments that Virginia’s license suspension law is not Constitutional. As such, Judge Moon granted an injunction against the Virginia DMV. If Attorney General Mark Herring does not fight the injunction, then the injunction will stand. Either way, the Virginia legislature should take action soon to repeal this law.

Many People End Up Getting a License Suspension for Traffic Related Matters

The way Virginia law is currently written, people convicted of reckless driving , speeding, or other traffic related matters must pay their fine and costs within 30 days or face an automatic license suspension. Courts must allow continuances and payment plans to pay, but if someone doesn’t enter a payment plan then there is an automatic suspension of the license if the fine and costs are not paid within 30 days. In addition, this can hurt out of state drivers in particular. Many courts require people to sign up for the payment plan IN PERSON. Well, if you live out of state then this can present many problems. The Virginia legislature should act fast to correct this issue. At Leavitt & Martin , we specialize in traffic matters. Call us today if your license has been suspended under this law.

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What is Virginia Reckless Driving Law?

Fri, 21 Dec 2018 03:03:00 GMT

What is Virginia Reckless Driving Law? Virginia reckless driving law is codified in the Code of Virginia, § 46.2-852 through § 46.2-869. Virginia reckless driving law can be separated into 14 different reckless driving laws, plus aggressive driving and improper driving. Improper driving is not reckless driving, but it is a reduced charge that started as reckless driving.[...] The post What is Virginia Reckless Driving Law? appeared first on Leavitt & Martin.

What is Virginia Reckless Driving Law?

Virginia reckless driving law

Virginia reckless driving law is codified in the Code of Virginia, § 46.2-852 through § 46.2-869 . Virginia reckless driving law can be separated into 14 different reckless driving laws, plus aggressive driving and improper driving. Improper driving is not reckless driving, but it is a reduced charge that started as reckless driving.

Reckless driving law in Virginia has a few specific reckless driving laws that get charged with MUCH greater frequency than others. By far, the most commonly written Virginia reckless driving law is reckless driving by speed in Virginia. As you will see later, reckless driving by speed in Virginia is defined as driving IN EXCESS OF 80 MPH or driving 20 MPH or MORE OVER THE LIMIT. Many people drive over 80 mph on the interstate in Virginia. Little do most of them know that it is reckless driving in Virginia to do that. Once you drive 81 mph, even in a 70 mph zone, it is Virginia reckless driving by speed. For this reason, it is the most commonly written Virginia reckless driving law.

Reckless driving general is the second most common Virginia reckless driving law. As its name implies, this Virginia reckless driving law covers a wide range of actions. The legal standard the Commonwealth of Virginia needs to prove is endangerment to life, limb, or property. While that sounds like a high legal standard, spinning tires on the pavement has been held to violation this Virginia reckless driving law. Leavitt & Martin has successfully handled thousands of reckless driving, DUI, speeding, and other traffic tickets. We specialize in traffic law.

Actual Virginia Reckless Driving Law

Here is a list of every Virginia reckless driving law that is currently codified in the Virginia code. There are essentially 14 Virginia laws on reckless driving, although racing has additional subsets as racing is more serious.

Virginia Reckless Driving Law: § 46.2-852. Reckless driving; general rule.

This is the Virginia reckless general rule. It is one of the most commonly written charges in Virginia for reckless driving. At Leavitt & Martin, we specialize in Virginia traffic law and this is commonly written as an accident, or peeling your tires, or where a DUI is amended to reckless driving. All Virginia reckless driving law has to reach the level where the driving behavior endangers life, limb or property.

Improper driving in Virginia is a lesser charge that is included in this. If you are charged with general Virginia reckless driving under this law, then the judge or prosecutor can amend the charge to improper driving. Of course, a dismissal is always possible as well, but improper driving is also helpful when you cannot get the charge dismissed.

Virginia Reckless Driving Law: § 46.2-853. Driving vehicle which is not under control; faulty brakes.

This Virginia reckless driving law is commonly written, and almost exclusively where there is an accident. In fact, I don’t think I have seen this charged where there is no accident. Virginia State Police, and local law enforcement commonly write this ticket for accident cases. Many times, the case can get dismissed. The driving behavior must endanger life, limb or property.

Falling asleep is technically reckless driving in Virginia law. Even these cases can often be reduced or dismissed. Many times the Commonwealth cannot prove these cases beyond a reasonable doubt. In most cases, the law enforcement officer never witnesses the accident, and there are usually no witnesses in court. It is usually the defendant’s own statements that hurt the most.

If you are involved in an accident in Virginia, it is often best to simply assert your right to remain silent. You have no duty to make statements to the police. Police often push, and pressure people to make statements but it is usually best to make no statements at all. Leavitt & Martin has close to a 100 percent dismissal rate where there were no statements made to the police for reckless driving accidents under this Virginia reckless driving law.

Virginia Reckless Driving Law: § 46.2-854. Passing on or at the crest of a grade or on a curve.

Again, all Virginia reckless driving law requires that the driving behavior must endanger life, limb, or property. This Virginia reckless driving law is RARELY written.

Virginia Reckless Driving Law: § 46.2-855. Driving with driver’s view obstructed or control impaired.

This Virginia reckless driving law is pretty clear. No pun intended. You have to drive with an unobstructed view. This law is very rarely charged.

Virginia Reckless Driving Law: § 46.2-856. Passing two vehicles abreast.

This is an interesting law. Many police officers wrongly believe that “two vehicles abreast” means one in front of the other. So I often see this charged where someone passes two vehicles at a time but they are positioned one in front of the other. Abreast means side by side, and not one in front of the other. So as long as someone observes the speed limit laws, and makes a safe pass you can pass two vehicles legally in Virginia that are driving one in front of the other. It is illegal, and a violation of this Virginia reckless driving law, if the vehicles you pass are positioned SIDE BY SIDE, or abreast of each other.

Virginia Reckless Driving Law: § 46.2-857. Driving two abreast in a single lane.

I have never seen this statute charged, but I am sure it has been charged somewhere. Motorcycles in Virginia are not allowed to ride side by side in the same lane. That is most likely where you would see this charged.

Virginia Reckless Driving Law: § 46.2-858. Passing at a railroad grade crossing.

Virginia Reckless Driving Law: § 46.2-859. Passing a stopped school bus; prima facie evidence.

This Virginia reckless driving law was amended several years ago due to creative lawyering. An attorney got a charge dismissed based on the wording of this law. Many school bus operators have a camera and you can get a camera ticket for this. However, if you get a camera ticket it is a traffic infraction and not a misdemeanor.

If you read this law, there are many specific rules about what defines a school bus, relating to the lettering on the bus, etc. There may be a legal defense to this charge revolving around the definition of school bus.

Virginia Reckless Driving Law: § 46.2-860. Failing to give proper signals.

Reckless Driving Law: § 46.2-861. Driving too fast for highway and traffic conditions.

Driving too fast for highway conditions is frequently charged with accident cases in rain or snowy conditions. Some judges take a broad view with this charge. You do not have to be driving above the speed limit to get this charge. Usually law enforcement use this Virginia reckless driving law when there is an accident in bad weather.

Many accident cases are dismissed in weather related conditions. It is hard to fault someone for losing control of their vehicle just based on weather conditions alone. However, many law enforcement officers do write this ticket for Virginia reckless driving law, driving too fast for highway and traffic conditions when there are weather conditions such as snow, ice, fog, or rain that contribute to the accident.

Virginia Reckless Driving Law: § 46.2-862. Exceeding speed limit.

Reckless driving by speed is the most commonly written charge in Virginia, by far. I have personally defended thousands of clients charged with this Virginia reckless driving law. Under this reckless definition, you only have to drive EITHER 20 mph or more over the limit OR in excess of 80 mph. So you can violate this Virginia reckless driving law in one of two ways:

There is no statutorily increased penalty for driving 90 mph in a 70 (which violates both sections of this law at the same time) HOWEVER most judges treat high speeds like 90 mph and up MUCH different than lower speeds.

In addition, high speed differentials that are 25 mph and more over the speed limit are also treated more severely. At Leavitt & Martin, we are traffic specialists and we personally handle our own cases. Our case results speak for themselves:

RECENT CASE RESULTS

Virginia Reckless Driving Law: § 46.2-863. Failure to yield right-of-way.

This charge is often brought with an accident. Drivers may not be looking, or may not know that another driver has the right of way. If this results in an accident, this charge is often brought.

Virginia Reckless Driving Law: § 46.2-864. Reckless driving on parking lots, etc.

Virginia Reckless Driving Law: § 46.2-865. Racing; penalty.

Virginia Reckless Driving Law: § 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.

Virginia Reckless Driving Law: § 46.2-866. Racing; aiders or abettors.

Virginia Reckless Driving Law: § 46.2-867. Racing; seizure of motor vehicle.

Virginia Reckless Driving Law: § 46.2-868. Reckless driving; penalties.

§ 46.2-868.1. Aggressive driving; penalties.

§ 46.2-869. Improper driving; penalty.

Improper driving is a minor traffic infraction, and it is punished with a maximum fine of $500 and no license suspension or jail time. In addition, it is not a criminal misdemeanor. You can read more about improper driving here .

Leavitt & Martin Are Specialists in Virginia Reckless Driving Law

Virginia reckless driving law

Daniel Leavitt and Corey Martin personally handle our own cases. We do not have any low level associate lawyers. We handle our cases in court, and we get the best outcome possible. Our case results speak for themselves.

Over the years, we have successfully handled thousands of cases . We specialize in reckless driving, speeding, DUI, and other traffic charges. Call today to speak with Daniel Leavitt or Corey Martin at 804-873-4004.

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Improper Driving VA, What is it and Will Improper Driving Increase Insurance?

Thu, 20 Dec 2018 00:33:00 GMT

Improper Driving VA is a Traffic Infraction and Not Misdemeanor Reckless Driving Improper driving VA is a reduced charge where the degree of culpability is slight. Improper driving in Virginia cannot be charged by the police or the prosecutor. It always begins as a reckless driving charge in Virginia. Improper driving is unique to Virginia.[...] The post Improper Driving VA, What is it and Will Improper Driving Increase Insurance? appeared first on Leavitt & Martin.

Improper Driving VA is a Traffic Infraction and Not Misdemeanor Reckless Driving

Improper driving VA

Improper driving VA is a reduced charge where the degree of culpability is slight. Improper driving in Virginia cannot be charged by the police or the prosecutor. It always begins as a reckless driving charge in Virginia . Improper driving is unique to Virginia. Every improper driving VA charge starts as reckless driving. Out of state drivers often face increased penalties with reckless driving, so a reduction to improper driving is often very helpful.

So how does the charge go from reckless driving Virginia to Virginia improper driving? And who makes that determination? I will answer all of these improper driving questions, and more .

What are the differences between reckless driving and improper driving in VA?

Virginia reckless driving:

What are the consequences for Improper driving VA?

Improper driving VA

The consequences for improper driving VA are much less severe in Virginia than reckless driving. Unlike Virginia reckless driving, the judge cannot suspend your driver’s license for improper driving in Virginia. Believe it or not, even some judges do not know this.

Example: A judge once reduced a reckless driving accident case in Virginia for my client , but the judge purported to suspend the driver’s license for 30 days. Judges cannot exceed their authority, and they are bound to the law. The DMV refused to recognize the suspension, and notified the court that Improper driving VA does not carry any potential suspension in Virginia.

Here is a list of consequences for Virginia licensed drivers convicted of improper driving VA:

What are the Improper Driving Insurance Issues? Will Improper Driving Raise my Insurance Rates?

Improper driving Virginia insurance issues

There are many questions related to this, such as “how will improper driving effect my insurance?” Everyone wants to know exactly how improper driving will impact insurance rates in Virginia, and for our of state improper driving. Here is some information for how insurance works, and how your rates will be impacted by Virginia improper driving:

Improper driving is a simple traffic infraction. It is not reckless driving. It will not get reported like reckless driving in Virginia. However, insurance is a private contractual matter in Virginia. There is no statutory framework in Virginia where if you get a certain ticket, or a certain number of points, that you insurance SHALL go up. In other words, it is up to your own individual insurance company to find out about your Virginia improper driving ticket, and determine whether or not to raise your rates.

Insurance companies all have their own policies on how often they check your driving history, and even if they ever check it. Many insurance companies will check your driving record if you change your policy, or when your policy renews but there is no set time.

In addition, some insurance companies will not raise your rates for Virginia improper driving. Every insurance company is different in this regard. Your insurance company should have given you a policy manual, or you should be able to access one. This manual often provides a guide for how your individual insurance company will treat a ticket like improper driving VA.

Finally, keep in mind that if your insurance company DOES increase your rates due to improper driving in Virginia, you can always CHANGE insurance companies and find one that doesn’t care. I had to recently change insurance even though I never got a ticket. My insurance company just kept raising my rates, for no reason. So I changed companies for my car insurance, and I saved a lot of money.

Does Improper Driving VA Give you Points?

Improper driving VA

As always, the answer is that it depends. If you are licensed in Virginia, then improper driving gives you the lowest number of points you can get, and the conviction stays on your Virginia driving record for the least amount of time possible. So for Virginia drivers convicted of Virginia improper driving, under VA Code 46.2-869 the answer is yes, it does give you points but they are minimal.

For out of state drivers, the answer is not clear. Improper driving VA is a charge that frequently does not transfer into other states. Many states do not have an improper driving law similar to Virginia. If that is the case, there is a very good chance you will NOT get any points. In some states, this will DEFINITELY not give you any points, such as Pennsylvania, New York, Massachusetts, and others.

Improper Driving VA Defined

Improper driving in Virginia is NOT a lesser included offense. And this has VERY important legal consequences that you need to be aware of. Here is the legal definition of improper driving VA:

§ 46.2-869. Improper driving; penalty.

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Average Fine for Reckless Driving In Virginia

Wed, 19 Dec 2018 07:06:00 GMT

Many People Ask Me: What is the Average Fine for Reckless Driving in Virginia? At Leavitt & Martin, we specialize in Virginia reckless driving and traffic tickets. Having successfully defended over 5,000 clients charged with Virginia reckless driving, we are well equipped to answer the question of what the average fine for reckless driving in[...] The post Average Fine for Reckless Driving In Virginia appeared first on Leavitt & Martin.

Many People Ask Me: What is the Average Fine for Reckless Driving in Virginia?

Average fine for reckless driving in Virginia

At Leavitt & Martin , we specialize in Virginia reckless driving and traffic tickets. Having successfully defended over 5,000 clients charged with Virginia reckless driving, we are well equipped to answer the question of what the average fine for reckless driving in Virginia is. Before we answer the question, you need to know the consequences of a Virginia reckless driving conviction before we talk about the average fine for Virginia reckless driving .

Consequences First, Then Discussion of the Average Fine for Reckless Driving in Virginia

I take too many phone calls from people who were found guilty of Virginia reckless driving, and they call me after the fact. I took two phone calls today, one from 12 years ago! Another call was someone from 8 months ago who is having trouble finding a job due to the conviction. So let me get to the consequences of Virginia reckless driving first and then get to the average fine for Virginia reckless driving second.

Here are consequences for Virginia reckless driving :

Average Fine for Reckless Driving in Virginia if you Cannot Get it Reduced

If you find yourself in the position where you cannot go to court yourself, or hire a lawyer to go for you. Or your driving record is bad, or the speed is too high, or you just don’t have an easy judge, then you will likely be looking at paying a fine for reckless driving in Virginia. So what is the average fine for reckless driving in Virginia?

Many people mistake reckless driving for speeding. Virginia speeding has a uniform prepayable schedule the courts follow if you prepay a ticket. You will not locate a prepayable amount for Virginia reckless driving because it is not a prepayable offense in Virginia.

Based on my experience handling thousands of Virginia reckless driving tickets, I will provide a table of the average fine for reckless driving in Virginia. This is estimated, and is by no means authoritative. It may very well be plain wrong. So do not rely on it. It is meant to give you a general idea of the fine amount based on the judges where I practice but your judge may be COMPLETELY different. So ask a lawyer who regularly practices in the location where you got your ticket to get a better idea of the average fine for Virginia reckless driving.

Table Showing Average Fine for Reckless Driving in Virginia, Estimated

As noted, do not rely on this. This is an estimate based on where I practice law and it might not be correct for your case.

Average Fine for Reckless Driving in Virginia

SPEED ESTIMATED FINE FOR RECKLESS DRIVING IN VIRGINIA AMOUNT

81-85 mph in 70 zone $100-200

85-89 mph in 70 zone $150-300

90-94 mph in 70 zone $300-500

95-99 mph in 70 zone $400-750

100 mph and up $500-1500

Factors that sometimes influence the average fine for reckless driving in Virginia:

Some judges do not look at or consider these factors, but others do. The average fines from the table above for Virginia reckless driving are guidelines. Most of the judges I know operate within these ranges but I know judges who give fines of $250 at 81 mph, and I know others who give fines of $50-75. So these are just average reckless driving fines based on MOST judges where I practice, and based on your AVERAGE driver with a decent driving record.

Do Out of State Drivers Have to Come to Court? Can Out of State Drivers Just Pay the Fine?

If you pay your fine/costs and do not get your reckless driving charge reduced then you are pleading guilty to reckless driving and giving yourself a permanent criminal record. In addition, many states will SUSPEND YOUR LICENSE automatically for any conviction of reckless driving if you are an out of state driver .

Anyone charged with reckless driving should ask if they want the following potential consequences:

As a Virginia traffic lawyer, I would NEVER recommend anyone just pay the fine for reckless driving. I have taken too many phone calls 6 months later, 9 months later, several years later, and even over 10 years AFTER someone paid the fine for reckless driving and did not contest the charge and they call me trying to fix it. At that point it is TOO late and I cannot help.

Call an attorney who regularly practices in the court you got your Virginia reckless driving ticket. They can advise more specifically as to the average fine for reckless driving in Virginia.

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Reckless Driving Virginia First Offense

Wed, 19 Dec 2018 05:46:00 GMT

What Will Happen With a Reckless Driving Virginia First Offense? At Leavitt & Martin, we specialize in reckless driving cases and other Virginia traffic offenses. We have successfully defended thousands of reckless driving Virginia first offense tickets. So what will happen with your first offense for reckless driving in Virginia? The answer depends on a[...] The post Reckless Driving Virginia First Offense appeared first on Leavitt & Martin.

What Will Happen With a Reckless Driving Virginia First Offense?

At Leavitt & Martin , we specialize in reckless driving cases and other Virginia traffic offenses. We have successfully defended thousands of reckless driving Virginia first offense tickets. So what will happen with your first offense for reckless driving in Virginia? The answer depends on a number of factors.

Reckless Driving Virginia First Offense Facts

The Facts Matter Relating to Your Reckless Driving Virginia First Offense

Here are some pertinent reckless driving Virginia facts that frequently determine what may happen:

Reckless Driving Virginia First Offense Consequences

Virginia reckless driving first offense penalties

Unlike DUI, or some other charges, reckless driving Virginia first offense is not a crime in and of itself. In other words, you face the same exact punishment, in theory, for reckless driving Virginia first offense as you do with reckless driving Virginia second offense.

Some charges, like DUI second offense, carry mandatory jail time because it is a second offense. Reckless driving Virginia first offense does not carry different penalties than a second offense. Here are the potential consequences:

Out of State Drivers Often Face Additional Penalties

Many states have automatic license suspensions for convictions of reckless driving . Those states do not recognize a difference between reckless driving general (what you normally think of when you think of reckless driving) and reckless driving by speed for driving 81 mph in a 70. It seems harsh, but the way that DMV’s communicate with each other in different states there is only ONE code for all reckless driving.

States do not differentiate between reckless driving general and reckless driving by speed. So the reckless driving gets reported to your home state as reckless driving. Your home state will not know, or care, that you were only speeding 81 mph in a 70. And many states have AUTOMATIC license suspensions that get triggered. By the time you find out about this, it will likely be TOO LATE to do anything about it for out of state drivers charged with reckless driving in Virginia .

Can a Lawyer Get a Reckless Driving Virginia First Offense Dismissed?

It is possible, but it depends on the facts of the case and where you got the ticket. Every court is different, and even the same judges will respond to legal defenses and quality representation differently depending on how the case is presented.

Real Life Example:

Potential client charged with Dinwiddie reckless driving Virginia first offense calls me, charged with driving 101 mph. I knew jail was possible, but I had a plan to try to get the best result possible. I quoted a fee that was not low, due to the work involved with a high speed case. The person hired a DIFFERENT lawyer. That lawyer did a bad job. Their client WENT TO JAIL, and got convicted of reckless driving Virginia first offense.

They called me back, after spending a day in jail. I quoted them the same fee to appeal their case. I made some recommendations on how to move forward and they listened to my advice. Based on this approach, the prosecutor agreed to REDUCE THE CHARGE to a simple traffic infraction. This helped my client AVOID the misdemeanor for reckless driving Virginia first offense.

Quality Representation for Reckless Driving Virginia First Offense Often Makes a Difference

Leavitt & Martin has successfully handled over 5000 reckless driving Virginia cases. We specialize in traffic matters such as reckless driving, DUI, speeding, and other Virginia traffic tickets. Call today for a free consultation. Either Daniel Leavitt or Corey Martin will consult with you fully to determine the best path forward with your reckless driving Virginia first offense case.

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Chesterfield, Virginia Mandatory Jail Time DUI Avoids Jail on Legal Defense

Mon, 17 Dec 2018 03:55:00 GMT

Legal Defense Results in No Jail Where Jail Would Have Been Mandatory In Chesterfield County, Virginia, DUI cases are more serious when there is an accident involved. The judges and the prosecutors treat these cases more serious than your average DUI. However, when you combine an elevated BAC with a serious accident, it is much[...] The post Chesterfield, Virginia Mandatory Jail Time DUI Avoids Jail on Legal Defense appeared first on Leavitt & Martin.

Legal Defense Results in No Jail Where Jail Would Have Been Mandatory

In Chesterfield County, Virginia, DUI cases are more serious when there is an accident involved. The judges and the prosecutors treat these cases more serious than your average DUI. However, when you combine an elevated BAC with a serious accident, it is much more serious.

Recently my client had a BAC that carried mandatory jail time. In addition, it was a DUI accident that was serious and my client was lucky to be alive. Because of this, the prosecutor was unwilling to agree to a plea agreement that involved no jail.

Close Scrutiny Results in No Jail

I personally spent over 3 hours reviewing all of the bodycam footage. I located MULTIPLE potential legal defenses. I used these legal defenses to convince the prosecutor to amend the DUI charge and agree to waive any jail time. The judge initially did not want to accept the plea agreement because it was TOO GOOD based on the facts of the case. However, the legal defenses I found won the day and my client did not go to jail.

More Time on the Case = Better Results

At Leavitt & Martin , we specialize in traffic cases and we do not give up easily. Sometimes it pays to dig in, and keep working to try to find a legal defense. We take these matters seriously. Clients trust us to work hard to get the best outcome possible, and that is what we do. Call today for a free consultation 804-873-4004.

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How Can I Get a Virginia Speeding Ticket Dismissed?

Mon, 17 Dec 2018 00:51:00 GMT

If you have a Virginia speeding ticket, then you will want to know how you can get your Virginia speeding ticket dismissed. Leavitt & Martin specializes in Virginia traffic law. We handle reckless driving speeding, speeding tickets, DUI, and other traffic tickets. If you have a Virginia speeding ticket you need to look at your ticket and determine if you are charged with reckless driving or simple speeding. In Virginia, driving 11 mph over the speed limit is reckless driving if you were driving at 81 mph.

There Are Two Ways to Get a Virginia Speeding Ticket Dismissed

I am a Virginia traffic lawyer and I specialize in defending speeding tickets, to include reckless driving by speed . For many clients, this is their first reckless driving offense in Virginia . I have successfully defended thousands of clients charged with speeding in Virginia and reckless driving in Virginia . Many of my clients are out of state drivers . There are two ways to get your Virginia speeding ticket dismissed.

Legal Defenses for Virginia Speeding Ticket

What are some legal defenses to speeding ? Over the years I have found many legal defenses to Virginia speeding tickets. Theses legal defenses are based on (a) errors on the ticket itself, (b) the officer clocked the wrong vehicle or didn’t even clock the vehicle given the ticket, or (c) issues with the calibration of the officer’s speed measuring device

Errors on the Ticket Itself

Most errors on the ticket will not result in a dismissal. If the officer misspells your name, or even writes down your address wrong. These errors do not get to the issue of whether or not someone is guilty of speeding.

The most common errors I find on the ticket that result in a dismissal of your Virginia speeding ticket are when the officer writes down the wrong offense date. Officers write a lot of tickets. And it is not uncommon for the officer to write down the wrong offense date. If this happens, you may have an alibi defense. Some judges will reject this defense if the offense date is close to the actual date. But I have won cases where the officer writes down the wrong offense date and my client had an alibi and the cases were dismissed.

Another common error on the ticket is when the officer uses information from two different sources on the ticket. The officer may be looking at the information on the registration and uses some information from the registration and some information from the driver’s license. This is more common than you would think. I have seen this defense multiple times and the case has been dismissed every time.

The officer writes down the wrong law section or the wrong law description. I have had officers write a ticket for reckless driving by speed for 80 mph in a 70. However, that is not possible. There is no Virginia offense for reckless driving by speed , 80 mph in a 70. The offense does not exist, and therefore the judge should dismiss the case.

The Officer Clocks the Wrong Vehicle

Dismissals are more common with RADAR versus when the officer uses LIDAR (laser). Laser pinpoints a specific vehicle. Radar does not work that way. Radar picks up on the fastest object in the field. It is up to the police officer to visually pick out the vehicle he or she is going to pull over. And they make mistakes sometimes.

I have successfully defended clients charged with very high speed cases, where my client testified they were not driving that fast and the circumstances indicated the officer may have made an error.

Some officers pull over multiple vehicles at the same time. This is allowed, but only IF the officer individually clocks each vehicle and sometimes they don’t. Some officers will clock the lead vehicle, and pull over BOTH the lead vehicle and the vehicle right behind it. They assume the second vehicle is traveling at the same speed. However, this is not a permissible method to write a ticket. If this happened the case should be dismissed.

Radar/LIDAR Calibration Issues

This is the most common defense. At Leavitt & Martin , we see this issue come up all the time. In Virginia, the officer who wrote your speeding ticket will normally use RADAR or LIDAR (laser) to measure the speed of your vehicle, and write you a ticket. Some officers use PACING, although this is less common.

Regardless of how the officer measured the speed of your vehicle, they must have an original calibration (or a “true copy”) that was done within the last six months. So you take the offense date on your ticket, and you go back exactly six months. If the officer cannot produce and original calibration, or a “true copy” that was done within that six month period, then your case should be dismissed.

HERE IS THE VIRGINIA LAW GOVERNING CALIBRATIONS, 46.2-882

Reading this law is merely a first step. The six month requirement comes from this language:

In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.

Look Closely at the Dates

If you think the state police, law enforcement, prosecutors, or even judges are familiar with this law then think again. Most judges, prosecutors, defense lawyers, and officers do not know this law very well. I have had state police troopers testify in court that their calibration is good for one year. That just is not true. I have pulled up this law to educate the police, prosecutors, and even judges on what the law actually says.

Look closely at the dates on the calibration. I HAVE HAD PROSECUTORS MESS THIS UP, EVEN WHEN REVIEWING THE CALIBRATION. So don’t assume the calibration is valid simply because a calibration is produced.

EXAMPLE: My client was charged with driving 121 mph. The prosecutor looked at the offense date and went back exactly six months. He told me that the calibration expired on the date of the offense. If that was true, it would have been valid. However, I looked closely at the dates. The calibration letter itself was dated exactly six months from the offense date. HOWEVER, the body of the letter then certified that the calibration had been done ONE MONTH PRIOR. That means that it was certified SEVEN MONTHS from the offense date, and not six months. My client won his case because of this and did not have to go to jail.

So look closely at the date or dates on the calibration. Sometimes there are two dates, and you need to find the DATE OF THE ACTUAL CERTIFICATION.

Is the Calibration an ORIGINAL Document or is it a True Copy?

Only ORIGINAL calibrations or TRUE COPIES are admissible in traffic court. An original document will have the actual ink signature on the calibration. A “true copy” is not just a xerox copy. It must be certified as being a true copy. There are other requirements for it to be a “true copy” and there is a very good authoritative case on point regarding what a “true copy” is in this context.

Many times, there is not an original or a true copy.

Convince a Judge or Prosecutor to Dismiss Your Speeding Ticket in Virginia

Driving School

First of all, why would a judge or prosecutor dismiss your Virginia speeding ticket? In many courts this is a common occurrence. Virginia law states that the court has discretion to send someone to driving school to reduce or dismiss a speeding ticket.

There are no laws that limit the court’s ability to do this at even high speeds. However, many courts will have their own policies about how and when they use driving school to reduce or dismiss a case. In some courts, they will let you do driving school once every three years and in some courts it is every five years. In some courts, your driving record will play a role in whether or not they let you do driving school. Also, some courts want you to do driving school BEFORE court and in others they don’t like it. Finally, there are differences in the driving schools the courts use. Some want a 12 hour course and others an 8. Some want you to do the course in person and others don’t care if it is online. Many courts want you to do a court required course and some are ok with a voluntary reason for doing driving school.

Every court has their own rules, and those rules are often different at different speeds. It is important to talk to a traffic specialist who can properly advise you on what your particular court does. Because I see judges get angry in court all the time when people try to do the right thing, but they do things the wrong way and it has the opposite effect.

Dismissal With No Driving School

Some judges will dismiss a case for various reasons that have nothing to do with driving school or a legal defense. These cases usually revolve around mitigating circumstances. It is important to prepare each case in light of who the judge is likely to be. Every judge is different.

I have had hundreds of cases dismissed by preparing the case in a particular way based on who the judge is. This comes down to knowing the particular judge, and what he or she likes. It can result in a dismissal.

Even if You Cannot Get Your Speeding Ticket Dismissed, A Reduction is Often Possible

The most important thing to do for any Virginia speeding ticket is to prepare the case in light of who the judge will be that day in court. It is true that judges take vacations and get sick, and that a small percentage of the time there will be substitute judges.

Many times a properly prepared case makes the difference between a dismissal/reduction or a conviction.

SEE OUR RECENT CASE RESULTS

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Petersburg, Virginia Accident Charge Following Too Closely Dismissed

Sat, 15 Dec 2018 21:42:00 GMT

Virginia Accident Cases Are More Serious Than Regular Charges Accident cases are inherently more serious, and judges treat them that way. The danger to life, limb, and property is more tangible in any accident case. Petersburg, VA accidents in traffic court can be charged as reckless driving or a traffic infraction such as following too[...] The post Petersburg, Virginia Accident Charge Following Too Closely Dismissed appeared first on Leavitt & Martin.

Virginia Accident Cases Are More Serious Than Regular Charges

Accident cases are inherently more serious, and judges treat them that way. The danger to life, limb, and property is more tangible in any accident case. Petersburg, VA accidents in traffic court can be charged as reckless driving or a traffic infraction such as following too closely, or failure to yield.

If you find yourself charged with reckless driving or failure to yield based on an accident, know that you might be able to get the charge dismissed. The cases can involve the following consequences:

We Can Often Help Get Petersburg, VA Traffic Accidents Dismissed

Recent Petersburg, Virginia Following Too Closely Accident Dismissed

Recently I went to court for someone. The prosecutors had a strong case because my client admitted guilt. So there was no legal defense to the charge because of my client’s admission. However, I was able to get the charge dismissed in court.

Every case is unique and past results do not predict the future. It is VERY important to have a good reputation with the court, the judges, the prosecutors, and law enforcement. On this case, I was able to find a creative way to get the case completely dismissed.

See What a Difference Quality Representation Can Make

At Leavitt & Martin, we have over 18 years of combined legal experience and we have successfully represented over 5000 clients in general district court. We take a personalized approach to each case, to get the best results. Our clients hire us to get the best outcome possible, and that is what we consistently do.

But don’t listen to us, read what our clients have to say about us:

52 of 52 5 STAR GOOGLE RATED BY CLIENTS

15 of 15 5 STAR GOOGLE RATED EMPORIA, VA OFFICE REVIEWS

AVVO RATED SUPERIOR 10/10

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Personalized Approach for Better Results

Wed, 12 Dec 2018 05:32:00 GMT

What Makes Your Firm Different? At Leavitt & Martin, we do things differently because we find our approach leads to the best results. Here is what sets us apart: 1. Daniel Leavitt & Corey Martin are the only two attorneys at Leavitt & Martin Clients want an expert to handle their case. Daniel Leavitt and[...] The post Personalized Approach for Better Results appeared first on Leavitt & Martin.

What Makes Your Firm Different?

At Leavitt & Martin, we do things differently because we find our approach leads to the best results. Here is what sets us apart:

1. Daniel Leavitt & Corey Martin are the only two attorneys at Leavitt & Martin

Clients want an expert to handle their case. Daniel Leavitt and Corey Martin are both experts in traffic law. We have PERSONALLY successfully defended THOUSANDS of clients charged with reckless driving, DUI, speeding and other traffic offenses. We do not hand your case off to associate attorneys because they do not have the expertise to get the results our clients deserve.

2. We PERSONALLY Handle Each Case

Our clients deal directly with us. We do not believe in playing the telephone game where you talk with a secretary, who passes you on to attorney number 1 of 10 and you never know who is actually going to court for you. This is a recipe for disaster because things fall through the cracks, and case results suffer. Reckless driving in Virginia , even a first offense reckless driving charge is serious. For many out of state drivers the consequences can be more severe. At Leavitt & Martin , we are lawyers who specialize in traffic cases like Virginia reckless driving , DUI, speeding tickets, and other traffic tickets.

Don’t you want to have personal interaction from start to finish with the attorney who is going to handle your case and go to court for you? You should. Most law firms hire associates and you never know who is actually going to go to court for you. You don’t know their level of experience, and if they will do a good job or not.

EXAMPLE: In traffic court today, there was a substitute judge. We knew this judge, and how to approach the case. Our clients got their charges reduced to NON MOVING VIOLATIONS that have no points. Another firm went forward and asked for a reduction to a MOVING VIOLATION THAT HAS POINTS and the judge granted their request. However, if we handled the case we would have got a better outcome. The associate did not know the judge, and their client suffered.

3. Our Results are Often Better

I can post case after case where Leavitt & Martin outperformed other firms because we are experts in traffic law and we take the approach that we do. Here is one case I got reduced today, with no community service and no driving school. I was the ONLY lawyer to get this result at that speed. In fact, other lawyers got WORSE results at LOWER speeds:

Every case is unique and past results do not predict the future. Call today to speak with either Daniel Leavitt or Corey Martin directly.

The post Personalized Approach for Better Results appeared first on Leavitt & Martin .

SUSSEX VA ATTORNEY REDUCES 99 MPH in 70 in TRAFFIC COURT

Wed, 12 Dec 2018 05:14:00 GMT

Reckless Driving Attorney in Sussex Reduces High Speed 99 MPH Case There are some cases I hesitate to post because results like this really don’t happen much at all. At Leavitt & Martin, we take an approach that is different than other law firms. We believe in PERSONALLY handling each case. Daniel Leavitt and Corey[...] The post SUSSEX VA ATTORNEY REDUCES 99 MPH in 70 in TRAFFIC COURT appeared first on Leavitt & Martin.

Reckless Driving Attorney in Sussex Reduces High Speed 99 MPH Case

There are some cases I hesitate to post because results like this really don’t happen much at all. At Leavitt & Martin, we take an approach that is different than other law firms . We believe in PERSONALLY handling each case. Daniel Leavitt and Corey Martin are the only attorneys who will work on cases. We find that by taking a personalized approach we get the best results.

Today I represented someone charged with driving 99 mph in a 70 zone. To make matters worse, there was a young child in the vehicle as well. This is a case that will result in a conviction and a license suspension almost 100 percent of the time. However, I talked to my client and I spent a lot of time with him discussing the case.

Laying the Groundwork for a Successful Result

I had to pull out all the stops with this case. I met with the officer before the hearing. I checked his calibration to make sure that his radar had been certified properly. Unfortunately, the radar was properly certified and there were no legal issues with that.

I crafted a plan unique to this case. And it worked. The judge reduced my client’s charge of reckless driving down to the lowest speeding ticket you can get, speeding 1-9. My client did not have to attend driving school, or do community service like many other cases at LOWER speeds.

How Can You Get Great Results?

Taking the time to prepare a case properly can make the difference between a conviction and a reduction. At Leavitt & Martin, we specialize in traffic cases like DUI, Reckless Driving, Speeding. That means that we are experts in our field. I know all of the judges, and what they normally will do and won’t do. I prepared this case in such a way that the judge did something that normally NEVER gets done.

Every case is unique and past results do not predict the future. Call today for a free consultation and see what we may be able to do for you.

The post SUSSEX VA ATTORNEY REDUCES 99 MPH in 70 in TRAFFIC COURT appeared first on Leavitt & Martin .

Attorney in Emporia, Virginia 8 Reckless Driving and Speeding Cases Reduced with NO POINTS

Fri, 07 Dec 2018 02:40:00 GMT

Emporia, Virginia Reckless Driving and Speeding Is A Serious Offense Speeding tickets, and reckless driving in particular really impact your insurance, and reckless driving can have the following additional consequences: jail time up to one year license suspension up to 6 months fine up to $2500 insurance issues employment consequences LEAVITT & MARTIN SPECIALIZE IN[...] The post Attorney in Emporia, Virginia 8 Reckless Driving and Speeding Cases Reduced with NO POINTS appeared first on Leavitt & Martin.

Emporia, Virginia Reckless Driving and Speeding Is A Serious Offense

Speeding tickets, and reckless driving in particular really impact your insurance, and reckless driving can have the following additional consequences:

LEAVITT & MARTIN SPECIALIZE IN TRAFFIC CASES

We provide PERSONALIZED attention to each case. We are the only law firm I know of that specializes in traffic cases and provides the level of service we provide. Here is how we do it:

RESULTS THAT MATTER

Our case results are often better because we take the approach that we do. Today I represented 7 clients in Dinwiddie traffic court and the results were as follows:

Reckless driving by speed: 87 mph in 70 CASE REDUCED NO POINTS

Reckless Driving by speed: 83 mph in 55 CASE REDUCED NO POINTS

Speeding: 72 mph in 55 CASE REDUCED NO POINTS

Speeding: 74 mph in 55 CASE REDUCED NO POINTS

Reckless Driving by speed: 76 mph in 70 CASE REDUCED NO POINTS

Reckless Driving by speed: 75 mph in 70 CASE REDUCED NO POINTS

Reckless Driving by speed: 80 mph in 55 CASE REDUCED NO POINTS

Every case is different and past results do not predict the future.

See the Difference that a Personalized Approach Makes 804-873-4004

The post Attorney in Emporia, Virginia 8 Reckless Driving and Speeding Cases Reduced with NO POINTS appeared first on Leavitt & Martin .

Traffic Attorney in Dinwiddie Virginia 7 Reckless Driving and Speeding Cases Reduced or Dismissed

Fri, 07 Dec 2018 02:24:00 GMT

Dinwiddie, Virginia Reckless Driving and Speeding is a Serious Charge Speeding tickets, and reckless driving in particular really impact your insurance, and reckless driving can have the following additional consequences: jail time up to one year license suspension up to 6 months fine up to $2500 insurance issues employment consequences Leavitt & Martin Specialize in[...] The post Traffic Attorney in Dinwiddie Virginia 7 Reckless Driving and Speeding Cases Reduced or Dismissed appeared first on Leavitt & Martin.

Dinwiddie, Virginia Reckless Driving and Speeding is a Serious Charge

Speeding tickets, and reckless driving in particular really impact your insurance, and reckless driving can have the following additional consequences:

Leavitt & Martin Specialize in Traffic Cases

We provide PERSONALIZED attention to each case. We are the only law firm I know of that specializes in traffic cases and provides the level of service we provide. Here is how we do it:

Results that Matter

Our case results are often better because we take the approach that we do. Today I represented 7 clients in Dinwiddie traffic court and the results were as follows:

Reckless driving by speed: 86 mph in 70 CASE REDUCED

Reckless Driving by speed: 92 mph in 70 CASE REDUCED

Reckless Driving by speed: 91 mph in 70 CASE REDUCED

Reckless Driving by speed: 82 mph in 70 CASE REDUCED

Fail to Move Over: CASE REDUCED

See the following case result:

Every case is unique and past results do not predict the future.

Personalized Attention to Each Case Matters, Call Today for a Free Consultation 804-873-4004

The post Traffic Attorney in Dinwiddie Virginia 7 Reckless Driving and Speeding Cases Reduced or Dismissed appeared first on Leavitt & Martin .

Pay Traffic Ticket and Pay Traffic Ticket Online

Mon, 03 Dec 2018 04:14:00 GMT

How to Pay a Ticket Online? If you have a speeding ticket in Virginia, and you want to pay your speeding ticket in VA online, then there is a way to do that. In Virginia, you cannot pay reckless driving tickets online, because reckless driving is a criminal misdemeanor and it is not a “prepayable”[...] The post Pay Traffic Ticket and Pay Traffic Ticket Online appeared first on Leavitt & Martin.

How to Pay a Ticket Online?

If you have a speeding ticket in Virginia, and you want to pay your speeding ticket in VA online, then there is a way to do that. In Virginia, you cannot pay reckless driving tickets online, because reckless driving is a criminal misdemeanor and it is not a “prepayable” offense.

So if you are actually charged with reckless driving by speed, you will want to contact a specialized traffic lawyer to discuss your case because you cannot prepay it in Virginia. Out of state drivers have a more complicated situation, and sometimes the penalties are more severe for out of state drivers , even those for a reckless driving first offense .

Where to Pay Your Virginia Speeding Ticket

http://www.courts.state.va.us/caseinfo/tickets_dc.html

This is the court website in Virginia to pay traffic tickets online in general district court. This website will work if you have a speeding ticket, or other prepayable ticket in general district court in Virginia. General district court is where traffic tickets start.

Note that if you prepay, you are pleading guilty and you will be found guilty. Reckless driving is not prepayable in Virginia. At Leavitt & Martin , we never recommend anyone prepay a traffic charge. In our experience, you will pay much more in the long run if you do that.

When you Prepay a Speeding Ticket in Virginia, You are Pleading Guilty and You Will be Found Guilty

Prepayment of a Virginia traffic ticket means you are pleading guilty. The conviction will be reported to the dmv and any points will go on your driving record. Your insurance company will monitor your DMV record, and so they will then determine how to treat your offense.

The Only Way to Avoid Points, or to Avoid a Conviction is to Contest the Ticket

Virginia Point System

Speeding 1-9: 3 demerit points

Speeding 10-19: 4 demerit points

Speeding 20 mph and over: 6 demerit points

The Virginia points system starts at 3 demerit points and it goes up to 6 demerit points. Insurance companies look at all convictions and base their rates on convictions.

Even if you are technically guilty, an experienced Virginia traffic lawyer will often be able to get the charge reduced or dismissed depending on the facts of the case. I would never recommend that someone just prepay a traffic ticket, because you are found guilty and getting all the consequences that go along with paying a traffic ticket online.

At Leavitt & Martin, we can often avoid points or avoid a conviction on a simple speeding ticket. Call us before you pay your Virginia traffic ticket online and we can tell you what to expect IF YOU GOT A TICKET WHERE WE NORMALLY PRACTICE .

The post Pay Traffic Ticket and Pay Traffic Ticket Online appeared first on Leavitt & Martin .

Reckless Driving Virginia Fine Amounts

Mon, 03 Dec 2018 03:45:00 GMT

What is the Fine for Reckless Driving in Virginia? At Leavitt & Martin, we have handled thousands of reckless driving Virginia cases, so we can often estimate what the fine will be. We specialize in reckless driving Virginia cases, and other traffic matters such as DUI, speeding tickets in Virginia, and other traffic tickets. We[...] The post Reckless Driving Virginia Fine Amounts appeared first on Leavitt & Martin.

What is the Fine for Reckless Driving in Virginia?

At Leavitt & Martin , we have handled thousands of reckless driving Virginia cases, so we can often estimate what the fine will be. We specialize in reckless driving Virginia cases , and other traffic matters such as DUI, speeding tickets in Virginia, and other traffic tickets. We know what to expect when discussing reckless driving Virginia fine amounts.

What is my Virginia Reckless Driving Fine?

Reckless Driving Virginia Fines Range Depending on the Facts

On the one hand, this is a very simple question to answer. The short answer is, $0-2500. That is correct, your fine could be as low as $0 or as high as $2500. There is a Virginia “prepayment” of fine schedule , but it does NOT apply to reckless driving. Reckless driving is not a “prepayable” offense because it is a criminal misdemeanor, and not simple speeding.

So where does the fine range come from for reckless driving ? Virginia code 46.2-868 defines reckless driving as a class 1 misdemeanor, which has a statutory punishment:

Reckless Driving Virginia § 18.2-11. Punishment for conviction of misdemeanor.

Reckless Driving Virginia: What Will the Fine Actually Be?

Virginia Reckless Driving fine

Virginia judges will determine your fine/costs on the court date. They range based on the nature of the charge, and what your driving record and past criminal record look like. In many courts where I practice, fines for reckless driving by speed often fall into the following range:

(note that these are rough estimates and rough guidelines and are not meant to predict specific fine amounts)

81 mph – 85 mph in a 70 zone: Estimated fine often $100-200

86 mph – 89 mph in a 70 zone: Estimated fine often $200-300

90 mph – 99 mph in a 70: fines vary widely once you get above 90 but often $300-600

100 mph and up: these tend to be the high fines and can range as low as $400-500 up to $2500 depending on the speed and the facts of the case

Generally the higher the speed, the worse the driving record, and the larger the speed differential (eg: 75 mph in a 25 mph zone) the fines will increase significantly. But every judge/court is different in how they assess fine/costs on Virginia reckless driving . Out of state drivers need to be wary because a conviction for even simple speeding, or reckless driving Virginia first offense can result in a license suspension in your home state depending on the speed and the state.

Reckless Driving Virginia: Talk to an Experienced Virginia Traffic Lawyer Where you Got Your Ticket

Talk to Virginia Reckless Driving Lawyer

Daniel Leavitt and Corey Martin have successfully defended thousands of clients charged with Virginia Reckless Driving . I can often provide fairly accurate estimates based on the courts I regularly go to. Call a specialized traffic lawyer in the location where you got your ticket. They can probably provide you with a better understanding of what to expect.

The more challenging your case is (high speed, big differential, bad driving record) the more time your case will take.

The post Reckless Driving Virginia Fine Amounts appeared first on Leavitt & Martin .

Virginia Speeding Ticket Points

Mon, 03 Dec 2018 03:11:00 GMT

How Many Points Does a Speeding Ticket Have in Virginia? The answer to this question depends on a number of different considerations: what you are convicted of, AND what state you are licensed in What Are You Charged With, or What Were You Convicted Of? Many people call me and say they have a speeding[...] The post Virginia Speeding Ticket Points appeared first on Leavitt & Martin.

How Many Points Does a Speeding Ticket Have in Virginia?

The answer to this question depends on a number of different considerations:

What Are You Charged With, or What Were You Convicted Of?

Many people call me and say they have a speeding ticket, but they really have a RECKLESS DRIVING BY SPEED charge. These are two very different things. How can you tell the difference? Look at your ticket, and look for the LAW SECTION. It will tell you the Virginia Law that you are charged with violating.

Reckless Driving by Speed

This is charged under Virginia Code 46.2-862 . If this is your charge, it is NOT a speeding ticket . Reckless driving by speed (even 81 mph in a 70 zone) is punished as follows:

Besides these consequences, if you are licensed in Virginia reckless driving is the maximum 6 demerit points and the conviction stays for 11 years. If you are licensed in another state the points are up to your home state and they MAY have an automatic suspension provision.

Many states automatically suspend your license for any conviction for reckless driving (I have seen Connecticut, DC, Michigan, Georgia, etc do this). So check with your home state to determine points and the suspension if you are convicted of misdemeanor reckless driving.

READ YOUR TICKET CAREFULLY, IF IT SAYS 46.2-862 IN THE LAW SECTION, THEN YOU ARE CHARGED WITH A CRIMINAL MISDEMEANOR AND NOT SPEEDING

Speeding Tickets

Speeding tickets are traffic infractions. Officers sometimes have the discretion to charge you with EITHER speeding OR reckless driving. For that reason, it is VERY important that you know and understand what you are actually charged with.

EXAMPLE: If you drive 90 mph in a 70 zone the officer USUALLY writes the ticket under 46.2-862 which is RECKLESS DRIVING . But the officer has the discretion to write it under 46.2-870 which is a simple SPEEDING law section. So sometimes there is overlap, and the officer will USUALLY write the more serious charge, but not always. So check your ticket.

Virginia Speeding Ticket Points if You Are Licensed in Virginia

Speeding 1-9 mph: 3 demerit points for 5 years

Speeding 10-19 mph: 4 demerit points for 5 years

Speeding 20 mph: 6 demerit points for 5 years

Keep in mind that these points only have a 1:1 correlation if you are LICENSED IN VIRGINIA. Also, insurance companies will individually determine how to treat a speeding ticket if you are licensed here and they are all different.

Virginia Speeding Ticket Points if You Are Licensed in Another State

The points usually do transfer to your home state, but it is usually not a 1:1 transfer. Out of state drivers will be governed by the rules of their home state regarding the points. Again, if you are charged with reckless driving then it is a permanent criminal misdemeanor that never goes away and can never be expunged if you are found guilty. Reckless driving is different and it is NOT speeding. Also, it usually does not matter if this is a first offense Virginia reckless driving or second offense. But some states do differentiate if you have a history of serious traffic violations.

In addition, many states will automatically suspend your license for reckless driving. I have seen Connecticut, Washington D.C., Michigan, Georgia, and other states do this.

If you are charged with SPEEDING in Virginia, then your HOME state will determine the number of points you get. Virginia will notify your home state (usually about 30-60 days after the conviction) and your home state determines points.

It is Best to Get Your Ticket Reduced or Dismissed

I field calls all the time where people regretted pleading guilty, and they try to hire me to fix a conviction. Sometimes I can, and often I cannot due to the timing. If you have a Virginia speeding ticket, or a Virginia reckless driving charge then call an experienced traffic lawyer to guide you through the process.

We can usually get your charge reduced or dismissed, depending on the facts of the case and where you got your ticket. 804-873-4004

The post Virginia Speeding Ticket Points appeared first on Leavitt & Martin .

Sussex, Virginia Reckless Driving Speeding 85 MPH REDUCED NO POINTS

Mon, 03 Dec 2018 02:24:00 GMT

Reckless Driving Speeding in Sussex, Virginia Traffic Court is a Serious Offense At Leavitt & Martin, we specialize in traffic offenses like reckless driving, speeding, and DUI. We have represented THOUSANDS of clients successfully over the years, and we have taken many phone calls from people having issues with reckless driving tickets and speeding tickets.[...] The post Sussex, Virginia Reckless Driving Speeding 85 MPH REDUCED NO POINTS appeared first on Leavitt & Martin.

Reckless Driving Speeding in Sussex, Virginia Traffic Court is a Serious Offense

At Leavitt & Martin, we specialize in traffic offenses like reckless driving, speeding, and DUI. We have represented THOUSANDS of clients successfully over the years, and we have taken many phone calls from people having issues with reckless driving tickets and speeding tickets.

I frequently take phone calls where I CANNOT HELP people because they were already found guilty and then a big consequence hit and they tried to fix it. Often, it is TOO LATE and there is nothing I can do.

It is Best to be Proactive, and Get Your Sussex, Virginia Speeding or Reckless Driving Charge Reduced

Since reckless driving is classified as a misdemeanor, it can have the following consequences:

Leavitt & Martin are Specialized Traffic Lawyers, and We Have Successfully Helped THOUSANDS of Clients

We focus on providing quality representation. For us, this means providing individualized attention to each case. In my opinion, you cannot provide quality representation with multiple people in a law firm. There are just too many people handling the case, and things naturally fall through the cracks. At Leavitt & Martin, you will be personally represented by either Daniel Leavitt or Corey Martin. We have successfully handled over 5,000 cases over the years in traffic court.

Recent Sussex, Virginia Reckless Driving Case

Every case is unique and past results do not guarantee or predict the future. Call today for a free consultation at 804-873-4004.

DON’T LET A SIMPLE MISTAKE IN SUSSEX, VA FOR RECKLESS DRIVING RUIN YOUR CAREER

At Leavitt & Martin , we believe in putting our clients first and we believe in QUALITY representation. Our case results are excellent, and so are our client reviews . We are A+ rated with the Better Business Bureau . Call today for a free consultation.

QUALIFICATIONS

Leavitt & Martin believes that to get the best results possible, you have to put clients first and you have to be personally involved from start to finish. We take ownership of each case personally, and we will not give your case to an inexperienced associate. You will have either Daniel Leavitt or Corey Martin handle your case personally. Call today for a free consultation at 804-873-4004.

The post Sussex, Virginia Reckless Driving Speeding 85 MPH REDUCED NO POINTS appeared first on Leavitt & Martin .

Emporia, VA Reckless Driving and Speeding Cases Reduced No Points

Mon, 03 Dec 2018 02:02:00 GMT

Don’t Let a Little Mistake in Emporia Traffic Court for Speeding or Reckless Driving in Emporia Have Lifelong Consequences As a traffic specialist, I am familiar with the consequences for reckless driving and speeding. I get phone calls ALL THE TIME from people who have been found guilty of speeding or reckless driving and want[...] The post Emporia, VA Reckless Driving and Speeding Cases Reduced No Points appeared first on Leavitt & Martin.

Don’t Let a Little Mistake in Emporia Traffic Court for Speeding or Reckless Driving in Emporia Have Lifelong Consequences

As a traffic specialist, I am familiar with the consequences for reckless driving and speeding. I get phone calls ALL THE TIME from people who have been found guilty of speeding or reckless driving and want to “expunge” or “fix the ticket.”

Usually, it is TOO LATE. I hear the following frequently:

It is Always Best to Get Your Emporia, VA Reckless Driving or Speeding Ticket Reduced as Low as Possible

You just don’t know what will happen in the future. It is always best to get your speeding ticket or reckless driving reduced as low as possible to minimize what will happen. Last week we went court court for 5 clients in Emporia General District Court and we were 100 percent successful. We cannot ethically guarantee a result and every case is unique. See the 5 cases we did in Emporia, VA traffic court:

CASE 1: Reckless Driving by Speed, 78 mph in 55

CASE 2: Speeding, 74 mph in 55

CASE 3: Speeding, 40 mph in 25

CASE 4: Reckless Driving by Speed, 75 mph in 55

CASE 5 Reckless Driving by Speed, 75 mph in 55

RESULTS: 100 PERCENT SUCCESS RATE IN REDUCING TO DEFECTIVE EQUIPMENT WITH NO POINTS

DON’T LET A SIMPLE MISTAKE IN EMPORIA, VA FOR RECKLESS DRIVING RUIN YOUR CAREER

Qualifications

The post Emporia, VA Reckless Driving and Speeding Cases Reduced No Points appeared first on Leavitt & Martin .

Mecklenburg, Virginia Reckless Driving Charge DISMISSED

Mon, 03 Dec 2018 01:40:00 GMT

Virginia Reckless Driving is a Serious Charge As a class 1 misdemeanor in Mecklenburg, VA traffic court, you will have a permanent criminal record if convicted of reckless driving. You may also face the following consequences: jail time up to one year fine up to $2500 license suspension up to 6 months employment consequences immigration[...] The post Mecklenburg, Virginia Reckless Driving Charge DISMISSED appeared first on Leavitt & Martin.

Virginia Reckless Driving is a Serious Charge

As a class 1 misdemeanor in Mecklenburg, VA traffic court, you will have a permanent criminal record if convicted of reckless driving. You may also face the following consequences:

Mecklenburg, Virginia Reckless Driving Charge Dismissed

This week we represented a client charged with reckless driving. There was an accident, and the officer speculated that speed contributed to the accident. We entered a plea of NOT GUILTY and had a full trial. The officer testified, and it was not favorable to our client.

However, after cross examining the officer, he had to admit that since he did not witness the accident that he could not be sure our client was in fact speeding at the time of the accident. The judge agreed with us, and he COMPLETELY DISMISSED THE CASE. Our client did not have to pay a fine/costs or have any blemishes on his driving record or his criminal record.

As specialized traffic lawyers for cases involving reckless driving, speeding, DUI, and other charges we can usually help in Mecklenburg and other locations. See the following result:

Don’t Let a Simple Mistake in Mecklenburg, VA for Reckless Driving Ruin Your Career

We can often help on cases like this. We put time and attention into each case to get the best results possible. Our case results are excellent, and so are our client reviews . We are A+ rated with the Better Business Bureau . Call today for a free consultation.

Virginia Reckless Driving Laws

Article 7. Reckless Driving and Improper Driving.

§ 46.2-852. Reckless driving; general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1991, c. 119.

§ 46.2-854. Passing on or at the crest of a grade or on a curve.

A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

§ 46.2-855. Driving with driver’s view obstructed or control impaired.

A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

§ 46.2-856. Passing two vehicles abreast.

A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

§ 46.2-857. Driving two abreast in a single lane.

A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

§ 46.2-858. Passing at a railroad grade crossing.

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

§ 46.2-859. Passing a stopped school bus; prima facie evidence.

A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.

§ 46.2-860. Failing to give proper signals.

A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

§ 46.2-861. Driving too fast for highway and traffic conditions.

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

§ 46.2-863. Failure to yield right-of-way.

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

§ 46.2-864. Reckless driving on parking lots, etc.

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

§ 46.2-865. Racing; penalty.

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398 .

Code 1950, § 46-209.2; 1956, c. 686; 1958, c. 541, § 46.1-191; 1972, c. 33; 1984, c. 780; 1989, c. 727.

§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.

A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

B. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398 .

2004, c. 859 ; 2006, c. 348 .

§ 46.2-866. Racing; aiders or abettors.

Any person, although not engaged in a race as defined in § 46.2-865 , who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.

1968, c. 575, § 46.1-191.1; 1989, c. 727.

§ 46.2-867. Racing; seizure of motor vehicle.

If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865 , (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865 , and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1 , the vehicle shall be seized and shall be forfeited to the Commonwealth, and upon being condemned as forfeited in proceedings under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, the proceeds of sale shall be disposed of according to law. Such sections shall apply mutatis mutandis.

The penalties imposed by these sections are in addition to any other penalty imposed by law.

1972, c. 702, § 46.1-191.2; 1989, c. 727; 1993, c. 866; 2004, c. 859 ; 2012, cc. 283 , 756 .

§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a mandatory minimum fine of $250.

Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, § 46.1-192; 1962, c. 302; 1970, c. 337; 1980, cc. 29, 221; 1989, c. 727; 2004, c. 349 ; 2013, cc. 752 , 790 .

§ 46.2-868.1. Aggressive driving; penalties.

A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

2002, cc. 752 , 782 .

§ 46.2-869. Improper driving; penalty.

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

1966, c. 511, § 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770; 2000, c. 340 .

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

The Virginia General Assembly is offering access to the Code of Virginia on the Internet as a service to the public. We are unable to assist users of this service with legal questions nor respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult an attorney.

The Code of Virginia online database excludes material copyrighted by the publisher, Michie, a division of Matthew Bender. Copyrighted material includes annotations and revisors’ notes, which may be found in the print version of the Code of Virginia. Annotated print copies of the Code of Virginia are available in most Virginia public library systems, from LexisNexis (1-800-446-3410), and from West, a Thomson-Reuters business (1-800-344-5008).

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15 Greensville, VA and Emporia, Virginia Reckless Driving and Speeding Tickets Reduced, Most With No Points

Thu, 29 Nov 2018 00:16:00 GMT

15 Greensville and Emporia, Virginia Reckless Driving and Speeding Cases Reduced in Traffic Court At Leavitt & Martin, we know it does not take much to drive above the speed limit in Emporia, Virginia and Greensville, VA. In fact, most people drive 1-9 mph over the limit and never get pulled over. But before you[...] The post 15 Greensville, VA and Emporia, Virginia Reckless Driving and Speeding Tickets Reduced, Most With No Points appeared first on Leavitt & Martin.

15 Greensville and Emporia, Virginia Reckless Driving and Speeding Cases Reduced in Traffic Court

At Leavitt & Martin, we know it does not take much to drive above the speed limit in Emporia, Virginia and Greensville, VA. In fact, most people drive 1-9 mph over the limit and never get pulled over. But before you know it, you go to pass someone and all of a sudden you are charged with RECKLESS DRIVING and have to go to Emporia traffic court.

RECKLESS DRIVING IS A CRIMINAL MISDEMEANOR, AND IF CONVICTED YOU FACE THE FOLLOWING:

Leavitt & Martin Can Help

We are specialized traffic lawyers. There are VERY FEW specialized traffic lawyers who know the law on reckless driving and speeding. We can often get better results because we specialize in traffic law.

Today we represented over 16 clients charged with reckless driving or speeding and the charges were as follows:

91 mph in 70

88 mph in 70

83 mph in 70

85 mph in 70

68 mph in 55

84 mph in 70

81 mph in 70

84 mph in 70

91 mph in 70

81 mph in 70

84 mph in 70

85 mph in 70

101 mph in 70

All 16 of our cases were reduced today. No one was convicted of reckless driving. Everyone avoided points except for the 101 mph and the two cases at 91 mph but those were reduced to minimal traffic infractions. Every case is unique and past results to not predict the future.

Call Daniel Leavitt or Corey Martin today at 804-873-4004 today for a free consultation. We can advise you about what to expect if you retain us.

The post 15 Greensville, VA and Emporia, Virginia Reckless Driving and Speeding Tickets Reduced, Most With No Points appeared first on Leavitt & Martin .

Dinwiddie, VA Reckless Driving 101 MPH APPEAL

Wed, 28 Nov 2018 23:43:00 GMT

High Speed 101 MPH Dinwiddie, Virginia Reckless Driving Reckless driving in Virginia is a serious charge for anyone due to the following: it is a criminal misdemeanor it can carry jail time it can have employment consequences insurance rates go UP quite a bit and many insurance companies drop you from coverage Over 100 MPH[...] The post Dinwiddie, VA Reckless Driving 101 MPH APPEAL appeared first on Leavitt & Martin.

High Speed 101 MPH Dinwiddie, Virginia Reckless Driving

Reckless driving in Virginia is a serious charge for anyone due to the following:

Over 100 MPH is Even More Serious

It is pretty common to get lower speed reckless driving charges reduced. But once you reach a certain speed, it becomes very difficult to reduce. Our client had retained a DIFFERENT attorney for her case in lower court. Then she called me AFTER she was convicted. Her other lawyer negotiated the following result at 101 MPH:

Difficult Appeal in Dinwiddie Traffic Court

Appeals are never easy, but they are even more challenging when you are trying to improve the outcome of someone who PLEAD GUILTY and had a plea agreement. The reason is that you are going back on your deal, so to speak.

However, today I was able to negotiate the following result at 101 for my client in Dinwiddie Circuit Court:

Compare Leavitt & Martin’s Result to Other Lawyers in Dinwiddie Traffic Court for Similar Speeds

LEAVITT & MARTIN RESULT

SAME CLIENT, DIFFERENT LAWYER IN LOWER COURT

As you can see, the client was given TEN days in jail at 101 mph, with 9 days suspended so the client went to jail for a day and would have been on probation if she did not appeal.

OTHER ATTORNEY CASES IN DINWIDDIE, VA TRAFFIC COURT FOR RECKLESS DRIVING AT SIMILAR HIGH SPEEDS

Note, this was a LOWER SPEED and their client’s license was suspended for SIX MONTHS with NO RESTRICTED LICENSE. In addition, they PAID A FINE OF $1000. See another case that was reduced, but just barely:

Again, we see another $1000 fine plus court costs. This charge was reduced, but the SPEED WAS KEPT THE SAME. So the client’s driving record will still show 102 MPH in a 70!! Every case is different and past results do not predict the future.

Reckless driving can have significant consequences . Call today for a free consultation: 8048734004. Leavitt & Martin specialize in traffic and reckless driving cases.

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New Kent, Virginia Reckless Driving Speeding 87 MPH in 70 REDUCED WITH NO POINTS

Tue, 20 Nov 2018 21:06:00 GMT

New Kent, Virginia Reckless Driving Lawyer Successfully Reduces 87 mph in 70 At Leavitt & Martin, we know it does not take much to drive above the speed limit. In fact, most people drive 1-9 mph over the limit and never get pulled over. But before you know it, you go to pass someone and[...] The post New Kent, Virginia Reckless Driving Speeding 87 MPH in 70 REDUCED WITH NO POINTS appeared first on Leavitt & Martin.

New Kent, Virginia Reckless Driving Lawyer Successfully Reduces 87 mph in 70

At Leavitt & Martin, we know it does not take much to drive above the speed limit. In fact, most people drive 1-9 mph over the limit and never get pulled over. But before you know it, you go to pass someone and all of a sudden you are charged with RECKLESS DRIVING.

Reckless Driving is a Criminal Misdemeanor, and if Convicted You Face the Following:

RECENT RECKLESS DRIVING, 87 MPH IN 70 REDUCED WITH NO POINTS AND NO MISDEMEANOR

Recently we represented a client charged with misdemeanor reckless driving in New Kent, VA traffic court. As specialized traffic lawyers, we were able to negotiate a result where our client did not have to do driving school, and her reckless driving charge was reduced. She did not get convicted of a misdemeanor and she did not get points on her license either.

Leavitt & Martin Can Help

Today our client was charged with reckless driving in New Kent Virginia. Daniel Leavitt and Corey Martin are experienced New Kent traffic court lawyers who can often get your case reduced or dimissed.

At Leavitt & Martin, we provide the best representation we can by doing the following:

The post New Kent, Virginia Reckless Driving Speeding 87 MPH in 70 REDUCED WITH NO POINTS appeared first on Leavitt & Martin .

5 Brunswick, Virginia Reckless Driving and Speeding Cases Reduced

Mon, 19 Nov 2018 22:26:00 GMT

Lawrenceville, Brunswick Virginia 5 Reckless Driving and Speeding Cases Reduced Recently we went to court for clients charged with reckless driving by speed, and speeding. One client got TWO TICKETS on the same day! All 5 charges were reduced and no one got convicted. 4 clients out of 5 avoided points. Reckless Driving is a[...] The post 5 Brunswick, Virginia Reckless Driving and Speeding Cases Reduced appeared first on Leavitt & Martin.

Lawrenceville, Brunswick Virginia 5 Reckless Driving and Speeding Cases Reduced

Recently we went to court for clients charged with reckless driving by speed, and speeding. One client got TWO TICKETS on the same day! All 5 charges were reduced and no one got convicted. 4 clients out of 5 avoided points.

Reckless Driving is a Misdemeanor and Speeding they Can Impact You With:

See the Difference in Our Results Versus OTHER FIRMS

LEAVITT & MARTIN CASE, 19 MPH OVER THE LIMIT: REDUCED WITH NO POINTS AND NO INSURANCE

We handled this case. This client got TWO TICKETS FOR SPEEDING in Brunswick on the SAME DAY. We got BOTH cases reduced with NO POINTS.

“LOW PRICE GUARANTEE” FIRM GETS EASIER CASE REDUCED TO A SPEEDING TICKET, WITH POINTS

This case was heard on the same day as ours. It was the same judge. I blocked out the firm’s name. But this firm is notorious for charging low fees, and often you get what you pay for.

Every case is unique and past results do not guarantee or predict the future. Call today for a free consultation: 8048734004

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Out of State Speeding Ticket or Reckless Driving Ticket, Will my Home State Find Out?

Mon, 19 Nov 2018 19:50:00 GMT

Your Home State Will Learn of Any Conviction for Speeding or Reckless Driving The days when I was a kid (before computers are what they are now) many DMV’s were not “online.” There was no real communication between the states. So if you got a ticket in one state, it would only impact you in[...] The post Out of State Speeding Ticket or Reckless Driving Ticket, Will my Home State Find Out? appeared first on Leavitt & Martin.

Your Home State Will Learn of Any Conviction for Speeding or Reckless Driving

The days when I was a kid (before computers are what they are now) many DMV’s were not “online.” There was no real communication between the states. So if you got a ticket in one state, it would only impact you in that state.

Those Days are Long Gone

Now that DMV’s are all online, they all communication with each other. So how does the process work for out of state drivers who get a reckless driving ticket in Virginia ? Every state has different laws and rules. What is legal in one state is illegal in the next. For example:

The bottom line is that you are required to know the laws of the state you are in, and to obey those laws. Whenever you cross into a new state, that is the rule. You subject yourself to the laws of the state you are in. At Leavitt & Martin , we specialize in traffic law and we can help advise you on what to expect.

So How do the DMV’s Communicate?

DMV administrators from each state are part of the American Association of Motor Vehicle Administrators. This organization created something called the Code Dictionary. They group offenses that are common to each state (reckless and negligent driving, speeding, etc) into groups and they assign specific codes for each offense.

This allows the Virginia DMV to any other state what someone is convicted of and vice versa.

Reckless Driving by Speed Gets Transferred as Reckless Driving

Many people call me on the phone and ask me, “What if I just pay the ticket?” and they are referring to a charge of reckless driving by speed, 81 mph in a 70. They will often tell me, “it will only give me 2 points.”

There is only one RECKLESS DRIVING CODE in the AAMVA code dictionary, M84. So if you get convicted of reckless driving by speed, even if it is only for driving 81 mph in a 70, it gets sent to your home state as “M84” and your home state just sees RECKLESS DRIVING. Usually Virginia reckless driving first offense is the same as a second offense, and a first offense reckless driving charge often results in a license suspension depending on the state.

Many States Automatically Suspend Your License for Reckless Driving

Leavitt & Martin has been retained many times by residents of Connecticut, Georgia, North Carolina, Michigan, New Hampshire, Washington D.C., and others when a conviction for reckless driving by speed resulted in a license suspension in someone’s home state for up to 6 MONTHS.

Connecticut, Michigan, and many other states have an automatic license suspension for any reckless driving conviction. So when they see the CODE M84 for RECKLESS DRIVING, it triggers an automatic license suspension.

LEAVITT & MARTIN CAN USUALLY HELP

Call today if you have been charged with reckless driving by speed. We can often help get the charge reduced or dismissed. That helps with points, license suspensions, insurance issues, etc.

See our RECENT CASE RESULTS HERE .

The post Out of State Speeding Ticket or Reckless Driving Ticket, Will my Home State Find Out? appeared first on Leavitt & Martin .

Sussex, Virginia Reckless Driving 11 Cases Reduced, Most with No Points

Mon, 19 Nov 2018 18:33:00 GMT

Recent Sussex, VA Reckless Speeding Cases All Reduced, 100 Percent This week we had 11 reckless driving speeding charges in Sussex traffic court. All 11 cases were reduced, and most of our clients avoided points. Virginia Reckless Driving is a Criminal Misdemeanor if you are Convicted It carries the following potential consequences: up to 12[...] The post Sussex, Virginia Reckless Driving 11 Cases Reduced, Most with No Points appeared first on Leavitt & Martin.

Recent Sussex, VA Reckless Speeding Cases All Reduced, 100 Percent

This week we had 11 reckless driving speeding charges in Sussex traffic court. All 11 cases were reduced, and most of our clients avoided points.

Virginia Reckless Driving is a Criminal Misdemeanor if you are Convicted

It carries the following potential consequences:

11 RECKLESS DRIVING SPEEDING CHARGES ALL REDUCED, 100 PERCENT

Leavitt & Martin recently went to court for 11 clients in Sussex traffic court, all charged with reckless driving. We were 100 percent successful in getting all of the charges reduced or dismissed.

§ 46.2-862. Exceeding speed limit.

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Greensville/Emporia, Virginia 7 Reckless Driving Speeding Cases Reduced

Mon, 19 Nov 2018 00:55:00 GMT

Traffic Lawyers Leavitt & Martin in Greensville/Emporia, Virginia Get Great Results on Reckless Driving and Speeding Reckless driving speeding is a criminal misdemeanor. As a misdemeanor, reckless driving carries the following potential consequences: permanent criminal record if you are convicted jail time up to 12 months fine up to $2500 license suspension up to 6[...] The post Greensville/Emporia, Virginia 7 Reckless Driving Speeding Cases Reduced appeared first on Leavitt & Martin.

Traffic Lawyers Leavitt & Martin in Greensville/Emporia, Virginia Get Great Results on Reckless Driving and Speeding

Reckless driving speeding is a criminal misdemeanor. As a misdemeanor, reckless driving carries the following potential consequences:

AS YOUR EMPORIA, VIRGINIA and GREENSVILLE, VA TRAFFIC COURT ATTORNEY I CAN OFTEN DO BETTER

This week we had over 7 reckless driving and speeding cases in Greensville/Emporia General District Court. We got 100 percent of our cases reduced this week so no one was convicted of a misdemeanor and we avoided points in all cases as well so there was not insurance increase.

§ 46.2-862. Exceeding speed limit.

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Powhatan, Virginia Reckless Driving 79 MPH in 55 DISMISSED

Fri, 16 Nov 2018 05:25:00 GMT

POWHATAN RECKLESS DRIVING LAWYER GETS 79 MPH IN 55 MPH COMPLETELY DISMISSED Reckless driving is a criminal misdemeanor. Any time you hit 24 mph over the limit the judges and prosecutors treat this very differently. It is not uncommon for judges to impose a convict and possible suspend the license at that speed and some[...] The post Powhatan, Virginia Reckless Driving 79 MPH in 55 DISMISSED appeared first on Leavitt & Martin.

POWHATAN RECKLESS DRIVING LAWYER GETS 79 MPH IN 55 MPH COMPLETELY DISMISSED

Reckless driving is a criminal misdemeanor. Any time you hit 24 mph over the limit the judges and prosecutors treat this very differently. It is not uncommon for judges to impose a convict and possible suspend the license at that speed and some judges give jail at 24 mph over.

As your lawyer, I can sometimes do better. Because reckless driving at 24 mph over the limit is such a serious charge, it carries the possibility of:

AS YOUR POWHATAN, VIRGINIA TRAFFIC COURT ATTORNEY I CAN OFTEN DO BETTER

See the following case that Leavitt & Martin handled in traffic court in Powhatan. It was charged as 79 mph in a 55. We were able to get the charge COMPLETELY DISMISSED. That means that there is no fine, and no license suspension and NOTHING WILL SHOW UP ON THE DRIVING RECORD.

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3 Dinwiddie Reckless Driving Cases REDUCED

Fri, 16 Nov 2018 04:59:00 GMT

Dinwiddie, Virginia Reckless Driving Lawyer Gets 3 Reckless Speeding Charges REDUCED Reckless driving is a serious offense in Virginia. Traffic courts treat reckless speeding seriously, and depending on the speed this charge carries: up to one year in jail up to a $2500 fine up to a 6 month license suspension How a Dinwiddie, VA[...] The post 3 Dinwiddie Reckless Driving Cases REDUCED appeared first on Leavitt & Martin.

Dinwiddie, Virginia Reckless Driving Lawyer Gets 3 Reckless Speeding Charges REDUCED

Reckless driving is a serious offense in Virginia . Traffic courts treat reckless speeding seriously, and depending on the speed this charge carries:

How a Dinwiddie, VA Reckless Driving and Speeding Ticket Specialist Can Help

At Leavitt & Martin, we specialize in traffic, reckless driving, speeding, DUI and other misdemeanors . We have over 40 years of combined professional and legal experience and we have personally handled 5,000-10,000 traffic and misdemeanor cases.

Today we were 100 percent in getting our charges reduced or dismissed. Not every lawyer can say that. We know how to properly prepare these cases to get the best outcome possible in court.

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Hanover, Virginia Reckless Driving Lawyer Gets 90 MPH REDUCED

Fri, 16 Nov 2018 04:45:00 GMT

Reckless Driving Speeding at 90 MPH is a Serious Offense Every case is different, but once you hit 90 mph, every judge treats the case seriously. In Hanover, it is VERY rare to get a charge at 90 mph reduced. In fact, in court today the judge convicted someone at 88 MPH and set a[...] The post Hanover, Virginia Reckless Driving Lawyer Gets 90 MPH REDUCED appeared first on Leavitt & Martin.

Reckless Driving Speeding at 90 MPH is a Serious Offense

Every case is different, but once you hit 90 mph, every judge treats the case seriously. In Hanover, it is VERY rare to get a charge at 90 mph reduced. In fact, in court today the judge convicted someone at 88 MPH and set a HIGH FINE.

We were able to prepare our client’s case in such a way that the judge actually REDUCED the charge.

COMPARE TO AN 88 MPH CASE TODAY WHERE THE JUDGE FOUND THE PERSON GUILTY

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Emporia Virginia Reckless Driving We Put Client Results First

Fri, 16 Nov 2018 04:33:00 GMT

Emporia, VA Reckless Driving Lawyers Versus the Competition Why should I hire you? What makes you different? These are questions I frequently get. Leavitt & Martin is willing to spend more time on cases to get better results. In Emporia traffic court this week there was a substitute judge. The judge was giving results which[...] The post Emporia Virginia Reckless Driving We Put Client Results First appeared first on Leavitt & Martin.

Emporia, VA Reckless Driving Lawyers Versus the Competition

Why should I hire you? What makes you different? These are questions I frequently get. Leavitt & Martin is willing to spend more time on cases to get better results.

In Emporia traffic court this week there was a substitute judge. The judge was giving results which were WAY worse than what the regular judge would give. Leavitt & Martin continued our cases where every other firm went forward and got WORSE RESULTS. Out of state drivers in particular need to be aware of the potential consequences of a bad result. Many states have an automatic license suspension for reckless driving , or even for speeding at certain speeds that they need to be wary of. Even a Virginia reckless driving first offense can have significant consequences. In fact, first offense reckless driving carries the same range of punishment as a second offense. With this at stake, potential clients want to get the best outcome possible.

Better Results than the Competition Frequently

Every case is unique and past results do not guarantee or predict future outcomes. Compare this result to our competition today who WENT FORWARD WITH A SUBSTITUTE JUDGE:

WHY WOULD THEY DO THIS???

I asked an attorney one time why he would go forward with a judge who he knows is going to hurt his client. He said, “I don’t get paid to continue cases.” What he meant is that we charge clients on a flat fee basis. This means that I bill my clients one time. If I go to court ten times, I never bill more. So the more times I go to court, the less money I make.

This lawyer was saying that he was not willing to continue his case, even though his client would get a BAD RESULT, because he was not getting paid enough money.

I GET MY CLIENTS THE BEST RESULT I CAN, 100 PERCENT OF THE TIME

I have gone to court for a client over FOUR times before to get a GREAT RESULT. I am not afraid to do that. My inherent competitive nature does not allow me to take a bad result because it makes me more money. I don’t believe my clients deserve that, and I don’t believe that’s what they are paying me for.

So today I continued my case in Emporia traffic court, and it ensures my client will get the best outcome possible.

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Virginia Traffic Attorney Gets CASE DISMISSED

Wed, 14 Nov 2018 05:09:00 GMT

Reckless Driving Speeding Reduced and Fictitious Tags Misdemeanor Dismissed in Sussex Traffic Court Today my client was charged in Sussex, Virginia traffic court with reckless driving by speed, 82 in 70 and displaying fictitious tags. As a Sussex, Va traffic attorney I got the reckless driving reduced to a non moving violation that has no[...] The post Virginia Traffic Attorney Gets CASE DISMISSED appeared first on Leavitt & Martin.

Reckless Driving Speeding Reduced and Fictitious Tags Misdemeanor Dismissed in Sussex Traffic Court

Today my client was charged in Sussex, Virginia traffic court with reckless driving by speed, 82 in 70 and displaying fictitious tags. As a Sussex, Va traffic attorney I got the reckless driving reduced to a non moving violation that has no points and I got the other charge dismissed.

Sussex, Virginia Reckless Driving is a Misdemeanor

If convicted, you get a permanent criminal record that never goes away and can never be expunged. In addition, your insurance rates may increase significantly ( I have seen rates double, triple, and it is not uncommon for insurance carriers to drop you from coverage for reckless driving ).

Fictitious Tags Are a Misdemeanor Offense

My client was in the United States Marine Corps. He could not afford to have two misdemeanor offenses on his driving record. I was confident the reckless driving would get reduced. But the fictitious tags charge was more serious to the extent that I was not sure how the judge would treat it.

The tag looks as if it had been pulled off of another vehicle in the picture and it was torn. Fortunately, when I spoke with the officer, he did not know what I new: namely than in North Carolina (where the vehicle was registered) the stickers have the license plate number to the vehicle they are registered to ON THE STICKER/TAG.

So the officer knew something was amiss when he ran the vehicles license plates and it came back as unregistered. That is not a big deal. It is a big deal to put tags from another vehicle on your own vehicle and try to pass it off as a valid tag.

The officer did not notice that the license plate number on the tags would have COME BACK TO A DIFFERENT VEHICLE. That would have proved the case against my client. I entered a plea of NOT GUILTY, and the judge dismissed the case because the officer did not prove his case beyond a reasonable doubt.

Call today for a free consultation. Every case is unique and past results do not predict the future. 8048734004.

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Mecklenburg, Virginia Reckless Driving Lawyer Gets 86 in 70 Reduced with NO POINTS

Tue, 13 Nov 2018 20:26:00 GMT

Mecklenburg, VA Reckless Speeding 86/70 REDUCED WITH NO POINTS I went back on the court website for about 6 months and this was the best result I could find. Every person I saw who did not have a lawyer got convicted of reckless driving at 86 mph. They now have the following: conviction for misdemeanor[...] The post Mecklenburg, Virginia Reckless Driving Lawyer Gets 86 in 70 Reduced with NO POINTS appeared first on Leavitt & Martin.

Mecklenburg, VA Reckless Speeding 86/70 REDUCED WITH NO POINTS

I went back on the court website for about 6 months and this was the best result I could find. Every person I saw who did not have a lawyer got convicted of reckless driving at 86 mph. They now have the following:

Don’t Let a Small Mistake Lasting Consequences

Reckless driving is a serious charge , and it is important to get reduced. Today I was able to get my Mecklenburg traffic court case of reckless driving reduced with NO POINTS! Because reckless driving is a criminal misdemeanor, it can have long lasting and detrimental consequences including:

Reckless driving is not a speeding ticket . Speeding tickets are just traffic infractions.

Every case is unique and past results do not predict the future. Call today for a free consultation. See our past case results here .

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Man Charged with Killing Virginia Cyclist Has History of Reckless Driving, Eluding Police, and Ignoring the Law

Mon, 12 Nov 2018 05:08:00 GMT

Police Arrest Man in Connection with Cyclist’s Death York-Poquoson Sheriff’s office stated that officers arrested Alexander Michael Crosby Friday night and charged him with involuntary manslaughter, reckless driving, and leaving the scene of an accident. Brian Utne was a long time cyclist and active in the community. There was a memorial ride in his honor[...] The post Man Charged with Killing Virginia Cyclist Has History of Reckless Driving, Eluding Police, and Ignoring the Law appeared first on Leavitt & Martin.

Police Arrest Man in Connection with Cyclist’s Death

York-Poquoson Sheriff’s office stated that officers arrested Alexander Michael Crosby Friday night and charged him with involuntary manslaughter, reckless driving , and leaving the scene of an accident.

Brian Utne was a long time cyclist and active in the community. There was a memorial ride in his honor on November 3, 2018.

The alleged hit and run driver, Alexander Michael Crosby, has a lengthy criminal record to include past convictions for reckless driving and eluding police. Alexander Crosby has been found guilty of the following offenses in New Kent General District Court:

In Williamsburg he had 4 felony charges certified to the grand jury. These felonies are still pending, and he has a hearing scheduled for November 14, 2018 in Williamsburg Circuit Court. He is presumed innocent on those charges, but to certify them a judge had to find probable cause:

In Henrico General District Court, Alexander Crosby has been found guilty of petit larceny and failure to appear in court. He also has a pending possession of a controlled substance charge in New Kent General District Court on November 13, 2018.

See the New Kent General District Court image showing some of his past charges. Most of those he has already been convicted of:

Is Alexander Crosby Going to get Bond?

At Leavitt & Martin , we have handled thousands of cases. Based on our experience, it is HIGHLY unlikely that a judge would ever grant bond in this scenario. Bond determinations have to do with the following factors:

Flight Risk

Alexander Crosby has a history of failing to appear in court. The very nature of his charges against Brian Utne allege that he killed Brian Utne and fled from the scene. It would be difficult to show that Alexander Crosby is not a flight risk. When you are in state, and have ties to the community then that helps. Defendants who are out of state and do not have ties to the community are considered more of a flight risk.

Danger to the Community

Similarly, Alexander Crosby’s criminal history makes it HIGHLY unlikely that he would get a bond. The nature of his charges, and his past criminal record, tend to show that he is a danger to the community. In addition, there is most likely a PRESUMPTION against bond.

In Virginia, if you are on bond for a felony and you are alleged to commit another felony while on bond, there is a presumption AGAINST bond. Alexander Crosby has four felony charges pending in Williamsburg Circuit Court. He is also on bond for New Kent for a possession of controlled substance charge. Since he is alleged to have killed Brian Utne and fled while already on bond for four felonies, then there should be a presumption against bond.

It would be very difficult for Alexander Crosby to get bond in this situation. This is not a situation where the defendant is charged with first offense reckless driving in Virginia or something similar. He has a history of this, and he was on bond when this happened.

If He is Guilty, Alexander Crosby Needs to Get Significant Jail Time

I strongly believe in due process. At this point in time, Alexander Crosby is presumed innocent and he is entitled to that presumption of innocence. But if the police are correct, then Alexander Crosby should face a lengthy jail sentence.

His past record indicates that he was almost certainly driving on a suspended license. In addition, he has a history of reckless driving at a REALLY high rate of speed, in a lower speed zone 86 mph in a 40. He did not learn his lesson back in 2013. He also has a history of just completely disregarding the police and the court system. On the court website, it doesn’t appear that any of his fine/costs have been paid. In addition, he has multiple convictions for failure to appear in court.

There is no jail sentence that will serve to bring Brian Utne back, or bring justice to his family. Alexander Crosby will get his day in court, and hopefully the truth will come out. If it turns out these charges are correct, and Alexander Crosby is guilty, then he should face a significant sentence.

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Can You Go to Jail for Speeding?

Sat, 10 Nov 2018 05:56:00 GMT

You Can Go to Jail for Speeding Speeding is a general term that covers both traffic infractions as well as reckless driving. Reckless driving has been in the news quite a bit due to professional football players getting reckless driving charges. New York Giants backup quarterback Kyle Lauletta faces serious charges in New York[...] The post Can You Go to Jail for Speeding? appeared first on Leavitt & Martin.

You Can Go to Jail for Speeding

Speeding is a general term that covers both traffic infractions as well as reckless driving. Reckless driving has been in the news quite a bit due to professional football players getting reckless driving charges. New York Giants backup quarterback Kyle Lauletta faces serious charges in New York and Antonio Brown faces serious charges in Pennsylvania .

Every state has their own laws for how they treat speeding. Virginia has one of the strictest laws in the United States. In Virginia, anything 20 or more over the speed limit or anything OVER 80 mph is reckless driving by speed:

§ 46.2-862. Exceeding speed limit.

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Emporia Virginia Reckless Driving Lawyer Reduces 22 MPH Over the Limit to Non Moving Violation, NO POINTS in Emporia Traffic Court

Sat, 10 Nov 2018 04:52:00 GMT

Emporia, Virginia Reckless Driving Speeding Charge Reduced with NO POINTS You can read all about the dangers of Virginia reckless driving HERE. Suffice it to say, Virginia has some of the harshest reckless driving by speed laws in the country. If you get convicted, you face: lifelong criminal record because it is a misdemeanor this[...] The post Emporia Virginia Reckless Driving Lawyer Reduces 22 MPH Over the Limit to Non Moving Violation, NO POINTS in Emporia Traffic Court appeared first on Leavitt & Martin.

Emporia, Virginia Reckless Driving Speeding Charge Reduced with NO POINTS

You can read all about the dangers of Virginia reckless driving HERE . Suffice it to say, Virginia has some of the harshest reckless driving by speed laws in the country. If you get convicted, you face:

As an Emporia, VA Traffic Attorney Who Specializes in Reckless Driving and Speeding I can Often DO BETTER

My client hired me after the fact. She was a college student and she went to court by herself and was convicted of reckless driving by speed. I was able to get involved after the fact and get the judge to REOPEN the case and AMEND the charge to a non moving violation that has no points. Getting this fixed is more difficult than simply going to court for someone on their court date so my fee was higher than normal. But my client realized the severity a conviction would mean. See the case result:

Every case is unique and past results do not guarantee the future. See our past results HERE . Read about Virginia’s reckless driving by speed law and other CONSEQUENCES of a conviction HERE.

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-862/

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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Powhatan Reckless Driving and Traffic Lawyer Gets 90/65 Reduced

Sat, 10 Nov 2018 04:29:00 GMT

Powhatan Reckless Driving Lawyer Gets 90 MPH in 65 MPH REDUCED Reckless driving is a criminal misdemeanor. Any time you hit 90 mph the judges and prosecutors treat this very differently. It is not uncommon for judges to impose a jail sentence at 90 mph, depending on the jurisdiction and how much over the limit[...] The post Powhatan Reckless Driving and Traffic Lawyer Gets 90/65 Reduced appeared first on Leavitt & Martin.

Powhatan Reckless Driving Lawyer Gets 90 MPH in 65 MPH REDUCED

Reckless driving is a criminal misdemeanor. Any time you hit 90 mph the judges and prosecutors treat this very differently. It is not uncommon for judges to impose a jail sentence at 90 mph, depending on the jurisdiction and how much over the limit you are driving.

Even if there is no jail time, license suspensions are common, along with a conviction in Powhatan, Virginia traffic ticket. As your lawyer, I can sometimes do better. Because reckless driving at 90 mph is such a serious charge, it carries the possibility of:

As Your Powhatan, Virginia Traffic Court Attorney I Can Often DO BETTER

See the following case that Leavitt & Martin handled in traffic court in Powhatan. It was charged as 90 mph in a 65. We were able to convince the prosecutor to reduce this charge to a minor traffic infraction. This is not a misdemeanor, and there was no license suspension and the fine was VERY SMALL:

Every case is different and past results do not guarantee or predict future outcomes. See our case results HERE .

Powhatan, Virginia reckless driving law:

§ 46.2-862. Exceeding speed limit.

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Is Wisconsin Deliberately Hiding Evidence That Would Help Exonerate Steven Avery from Making a Murderer?

Fri, 09 Nov 2018 04:49:00 GMT

It Looks Like Wisconsin Law Enforcement Framed Steven Avery As an attorney, this documentary has fascinated me. Recent investigation by Wisconsin law enforcement has possibly turned up new evidence in the Steven Avery case. Despite this, Wisconsin is fighting Kathleen Zellner’s attempt to obtain the evidence. Wisconsin seems dedicated and committed to burying the truth.[...] The post Is Wisconsin Deliberately Hiding Evidence That Would Help Exonerate Steven Avery from Making a Murderer? appeared first on Leavitt & Martin.

It Looks Like Wisconsin Law Enforcement Framed Steven Avery

As an attorney , this documentary has fascinated me. Recent investigation by Wisconsin law enforcement has possibly turned up new evidence in the Steven Avery case. Despite this, Wisconsin is fighting Kathleen Zellner’s attempt to obtain the evidence. Wisconsin seems dedicated and committed to burying the truth. Before discussing new evidence let’s do a quick recap of the case.

Making a Murderer Season 1 Cast Doubt on the Convictions of Steven Avery and Brendan Dassey

Brendan Dassey is still incarcerated in 2018 and it is a travesty of justice. Anyone in the state of Wisconsin, or out of state should be outraged at what happened to Brendan Dassey. It seems clear that:

Len Kachinsky is now being prosecuted in 2018 for charges that carry up to five years in jail.

Steven Avery is a different story. He seemed to have very good lawyers. After watching season one, it was clear that:

Making a Murderer Season 2 Picks up During the Appeal Process

Brendan Dassey gets RAILROADED on his appeal. To summarize, he:

More Evidence Proving Sheriff Colborn Planted the RAV on Avery’s Property

One of the most compelling parts of season one was listening to Sheriff Colborn run Teresa Halbach’s plates prior to her vehicle being “found.” In season 2 we get more context as to what actually happened. While the search for Teresa Halbach and her RAV were ongoing, a man named Kevin Rahmlow reported seeing the RAV to, guess who, none other than Sheriff Colborn.

Then Sheriff Colborn mysteriously runs the plates of the RAV, and the RAV is “found” a day later on the Avery Property. And that is one way Wisconsin framed Steven Avery.

What New Evidence is There? Is Wisconsin Hiding New Evidence that Would Help Free Steven Avery?

Making a Murderer 2 disclosed previously hidden evidence. Prosecutor Ken Kratz buried a CD containing exculpatory evidence that would implicate Bobby Dassey in the murder of Teresa Halbach. The CD contained incriminating searches from Bobby Dassey’s computer for terms like:

In addition, the timing of searches on Bobby’s computer contradicted Bobby’s sworn testimony. If you recall, Bobby Dassey was the state’s star witness. If Steven Avery’s trial attorneys had been able to cross examine Bobby Dassey on the violent and sexual images on Dassey’s computer, it would have been difficult to convict Steven Avery.

Withholding the CD Meant that Avery and Dassey’s Lawyers Could Not Cross Examine, or Impeach the State’s KEY WITNESS

What is so disturbing about the disclosure of key evidence in 2018 is that Wisconsin had actual knowledge that Bobby Dassey performed these searches. In addition, Steven Avery told police that Bobby Dassey left his trailer RIGHT AFTER Teresa Halbach. And they still went after Steven Avery.

Steven Avery’s lawyers were not able to use Bobby Dassey as a Denny suspect, in large part because they could not show MOTIVE. The information contained on Bobby Dassey’s computer, which Wisconsin KNEW about clearly showed motive. And they still waited until APRIL of 2018 to disclose this information.

Prosecutor Ken Kratz Never Disclosed This Evidence to Steven Avery’s Trial Lawyers

This was a key piece of evidence that Ken Kratz deliberately mislabeled. He repeatedly referred to the examination of Bobby’s computer as Brendan Dassey’s computer. He knew that the computer was located in Bobby Dassey’s room. Most of the searches were done at times that it HAD to be Bobby Dassey. In addition, the CD had images that shows Bobby Dassey is sick and twisted, and likely murdered (or was directly involved in the murder of) Teresa Halbach.

Wisconsin only provided this CD to Steven Avery in April 2018. Kathleen Zellner is still getting new evidence that has never been disclosed to the defense. This shows the lengths Wisconsin will go to, to keep Steven Avery behind bars.

Ken Kratz is no stranger to the ethics board. In 2009, while sitting as Chairman of the Wisconsin Crime Victims’ Rights Board he was accused of trying to coerce the victim into sexual acts in a case he was prosecuting. His law license was subsequently suspended for 4 months.

Is There Even More New Evidence? Update on Making a Murderer

If you look at recent court filings in the Steven Avery case, Kathleen Zellner has filed a MOTION TO COMPEL Wisconsin to disclose the results of a new forensic examination of Bobby Dassey’s computer. Wisconsin completed a NEW forensic examination of Bobby Dassey’s computer. The previous examination had shown there were MANY deleted files and information on KEY DATES.

Right around the time Teresa Halbach went missing, someone deleted a number of files from Bobby Dassey’s computer. The deleted dates correspond to the time before and after Halbach’s murder. It is highly likely this was incriminating information. After Kathleen Zellner got involved, Wisconsin began investigating the case again. They conducted new interviews and one of the things they did was they conducted a NEW forensic examination of Bobby Dassey’s computer.

If that search turned up nothing, then why would Wisconsin fight Kathleen Zellner? It appears as if Wisconsin is hiding new evidence. Otherwise, wouldn’t they simply disclose their findings? This is concerning for a multitude of reasons. Wisconsin should be seeking justice in this case, seeking the truth. This should not be about keeping someone in jail, and protecting dirty police officers who planted evidence. It should be about getting to the truth of the matter.

There is no good reason for Wisconsin to fight turning over the results of the forensic examination to Kathleen Zellner. If nothing of value was found, then turning over the results does nothing. If something of value was found, then it will only help the TRUTH to come out. If Steven Avery killed Teresa Halbach, then that truth will be revealed. But if Bobby Dassey, and/or Scott Tadych committed the crime then let the truth come out Wisconsin.

This blog post is entirely my own opinion.

UPDATE

Ms. Zellner got access to the computer at issue for forensic testing and withdrew her motion to compel. She has since put forth the following timeline of events:

https://www.wbay.com/content/news/Avery-attorney-teases-release-of-new-information-Thursday-500604962.html

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Richmond, Virginia VCU Student Underage Possession of Alcohol DISMISSED

Thu, 08 Nov 2018 03:31:00 GMT

Richmond, VA Underage Possession of Alcohol is a Misdemeanor If you are convicted of this charge there will be: permanent criminal record that never goes away and can never be expunged mandatory fines mandatory license suspension alcohol classes and probation Read about Underage Possession of Alcohol here. There is a First Offender Program, but We[...] The post Richmond, Virginia VCU Student Underage Possession of Alcohol DISMISSED appeared first on Leavitt & Martin.

Richmond, VA Underage Possession of Alcohol is a Misdemeanor

If you are convicted of this charge there will be:

Read about Underage Possession of Alcohol here.

There is a First Offender Program, but We Can Usually DO BETTER

There is a first offender program for college students charged with underage possession of alcohol. But it is not ideal. If you do the program, you are likely looking at:

A Better Option

We can often get college students in Richmond a result that involves the following:

Here is what it looks like while the case is pending:

Better Result

This is a better result. You do not have to disclose this on almost any background check because you were presumed innocent, charged with an offense, never entered a plea and then it just got dismissed with no fine or costs or consequences.

So if you can get this result, it is a great option. And we can often negotiate this for students at VCU, University of Richmond, John Tyler, and others. Call today for a free consultation.

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Brunswick, VA and Emporia Greensville Virginia Traffic Court ALL REDUCED

Thu, 08 Nov 2018 03:13:00 GMT

Brunswick, Virginia and Emporia, Virginia a Dozen Cases Reduced Today Reckless driving and speeding are important cases to try to resolve. We were retained today to REOPEN a case in general district court where our client went to court and just paid (plead guilty) to her charge. She did not realize that she was accepting[...] The post Brunswick, VA and Emporia Greensville Virginia Traffic Court ALL REDUCED appeared first on Leavitt & Martin.

Brunswick, Virginia and Emporia, Virginia a Dozen Cases Reduced Today

Reckless driving and speeding are important cases to try to resolve. We were retained today to REOPEN a case in general district court where our client went to court and just paid (plead guilty) to her charge. She did not realize that she was accepting guilt for a criminal misdemeanor.

We also took a call last week on a simple speeding ticket someone paid (plead guilty and didn’t contest) and his insurance went up $70 per month for a MINOR speeding ticket.

Consequences of Brunswick Reckless Driving and Emporia and Greensville VA Reckless Speeding can be Severe

Reckless driving is a permanent criminal misdemeanor if you are convicted. That never goes away and can never be expunged. In addition, you can have your license suspended and face high fines. The range of punishment for reckless driving is:

We Can Usually Help if You Retain Us

Every case is unique and past results do not predict the future. But we can usually help. For REALLY high cases, over 100 mph the help might be in trying to avoid a license suspension or avoid or even minimize jail. I helped three clients avoid jail, all going 120 mph plus. If you were driving less than 96 mph we can often get the charge reduced and we may be able to avoid points.

12 Cases Reduced Today

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Quality Representation Makes a Difference in the Results

Tue, 06 Nov 2018 07:13:00 GMT

Many Law Firms do not Provide Quality Representation for Traffic Cases At Leavitt & Martin, we are in traffic court almost every day for traffic and reckless driving charges. I have been practicing law for over 8 years and I have successfully defended thousands of clients with traffic matters. I frequently see poor representation. Some[...] The post Quality Representation Makes a Difference in the Results appeared first on Leavitt & Martin.

Many Law Firms do not Provide Quality Representation for Traffic Cases

At Leavitt & Martin , we are in traffic court almost every day for traffic and reckless driving charges. I have been practicing law for over 8 years and I have successfully defended thousands of clients with traffic matters. I frequently see poor representation. Some of the common mistakes I see fall into one of the following two categories:

At the end of this post I will provide two examples where quality representation made a real difference.

Systemic Issues With Law Firms

In my opinion, there are many problems with how firms operate that contributes to poor representation. Here is a list of common problems:

1. the law firm does TOO MANY cases and things slip through the cracks

This is a big problem. I see law firms go before the judge and they just don’t have a good reputation with the other lawyers or with the court. And a big reason for that is that they are fighting to charge the lowest fee, and they try to make it up on volume. The problem with high volume firms is that they cannot keep track of all their clients and mistakes get made ALL the time. I am tracking a firm now whose client actually was issued a WARRANT for not showing up to court when they apparently retained a firm and that firm never notified the court.

Those high volume firms frequently do not send letters of representation to the court and they are constantly filing MOTIONS TO REOPEN. The sheer number of mistakes that these firms make, in large part because they have too many cases, often leads to convictions and bad results.

We were just retained on TWO cases where the prior lawyers completely messed up our out of state client’s reckless driving cases. In both cases, it was a simple reckless driving Virginia first offense . But the cases were handled improperly.

2. there are too many people involved in the case

This is a major issue. The attorney on your case needs to be familiar with the facts of your case. If there are too many people involved in the handling of a case, then mistakes FREQUENTLY happen.

Many firms have a secretary or paralegal talk to potential clients. Then you get passed on to an associate at the firm, or maybe even the law partner whose name is on the letterhead. But if the firm has a number of associates, then who is actually handling your case? Is the same person handling your case from start to finish?

What happens with this system, is that Attorney 1 often takes the call. Then on the court date, Attorney 2 will pick up a file and go to court. Attorney 2, who is handling the case, is relying on notes from Attorney 1 as well as paralegals. What this means is there are TOO MANY LINKS IN THE CHAIN, and mistakes happen. There is no accountability.

I see this come up all the time in firms with more than two attorneys. Whoever goes to court has no clue about their own client and the case goes south and the client gets hurt by that system.

Make sure the law firm you hire are specialists in traffic law, and that they don’t hire associate attorneys. It is bad enough that a lawyer would do the above, but it frequently happens. Many law firms take your money, and then send a NEW LAWYER (less than 5 years of practice) to court. So make sure the firm you hire does not have associates since cases get PASSED AROUND, and it could be your case that falls through the cracks.

3. the law firm allows paralegals and legal assistants (not an actual lawyer) give legal advice (unethical) and land cases

If you call a law firm, and you don’t speak with an attorney then you should run the other way. It is a major red flag. Only attorneys can provide legal advice. However, some law firms allow their secretaries to consult with potential clients. Legal secretaries and legal assistants and paralegals cannot practice law. They cannot go to court and they cannot provide legal advice. If you talk to a firm that has this systemic issue where they are allowing that to happen, it should be a red flag.

4. the law firm hands cases off to other attorneys

This issue is related to number two because there are too many people involved with the case. I was in court the other day, and an attorney who is known for charging higher fees sent Attorney 2 to court with his cases. Attorney 2 handed the cases off to Attorney 3, who quite frankly did not know how to handle the case. So I watched Attorney 3 get the client convicted on a case where that just would never have happened if we were handling the case.

Interestingly, this attorney who landed the case markets with the language that he and his “trusted team of traffic lawyers” will handle the case. In my opinion, what that means is he will charge a high fee, then pay a lawyer a low fee to handle the case in court. In my experience that is a bad way to handle cases a client has entrusted you with.

Inexperience in Traffic Court

I see this all the time with other firms. They hire new lawyers who recently passed the bar exam, and who have NO experience to speak of, to handle your case in court. So when you call the firm, you are probably going to talk to an experienced lawyer who has done a lot of cases. They can tell you intelligently what to expect in court. But then when it comes time for the court date, the firm sends a NEW LAWYER to handle your case in court.

You should insist that any lawyer who is going to handle your case in court have AT LEAST FIVE YEARS OF EXPERIENCE IN TRAFFIC COURT. It takes about five years of doing dedicated work in traffic court to gain the experience necessary to be effective.

These new lawyers don’t know what they are doing in a lot of cases and they make a LOT of errors. Some errors are worse than others. The bad errors result in a conviction. The not-so-bad errors just make the law firm look bad and hurt their reputation.

Insist on Speaking to the Lawyer Who is Handling Your Case in Court

You should get a guarantee that a law partner with at least FIVE years of experience is going to handle your case in court. This should ensure that the lawyer has the experience necessary to provide quality representation.

Don’t get fooled by the law firm where you speak to someone with experience, but they send a new lawyer to court.

See the Real Difference that an Intelligent Approach Can Make to a Case

Leavitt & Martin Case:

Different Law Firm, Not a Smart Approach and a MUCH DIFFERENT OUTCOME

Every case is different and past results do not guarantee or predict future results.

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Halloween Was Not So Scary for my 12 Clients in Greensville/Emporia Traffic Court who had their Cases Reduced

Tue, 06 Nov 2018 06:37:00 GMT

12 Greensville/Emporia, Virginia Reckless Driving and Speeding Cases Reduced Halloween was scary this year for some people. However, I had 12 clients in Greensville/Emporia, Va traffic court with speeding and reckless driving charges and every client got their case reduced. I personally handled each case and my clients were better prepared than any other traffic[...] The post Halloween Was Not So Scary for my 12 Clients in Greensville/Emporia Traffic Court who had their Cases Reduced appeared first on Leavitt & Martin.

12 Greensville/Emporia, Virginia Reckless Driving and Speeding Cases Reduced

Halloween was scary this year for some people. However, I had 12 clients in Greensville/Emporia, Va traffic court with speeding and reckless driving charges and every client got their case reduced. I personally handled each case and my clients were better prepared than any other traffic firm in my opinion and the results showed.

Reckless Driving is a Criminal Misdemeanor

Reckless driving is a misdemeanor and many states suspend your license for this. In addition it can carry:

Leavitt & Martin Higher Quality Representation and Better Results for the Cases Noted Below

Better Results Than Other Firms in Greensville/Emporia Traffic Court See the Comparison

See the tangible difference that quality representation can make. We prepared our client’s case in such a way that he got his charge of reckless driving reduced all the way to a non moving violation that has no points. I have attached similar speed cases in Greensville from the SAME court date. To be fair, I picked a case that was a LOWER speed (easier case) than ours. Our case was reduced on 10/31 with a BETTER RESULT and our client AVOIDED points! The first case is our case, the second one is a different firm. As you will see, the other lawyer prepared his case differently and the result is tangible. Their client got points on their license.

LEAVITT AND MARTIN CASE:

The above case we did ourselves and you can see the charge was REDUCED to defective equipment, which is a non moving violation that has no points.

DIFFERENT LAW FIRM CASE:

As you can see, this attorney prepared their case differently and did not get the same result. Our result was EXCEPTIONAL. It is highly unusual (but not impossible) to get an 89 mph case reduced with no points. We were able to devise a strategy that resulted in a reduction to a non moving violation that HAS NO POINTS.

Every case is unique and past results do not guarantee or predict the future. Call today for a free consultation, (804) 873-4004.

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Traffic Lawyer’s Guide to Avoid Getting a Ticket When Stopped

Mon, 05 Nov 2018 03:32:00 GMT

Traffic Lawyer’s Guide to Avoid Getting a Ticket When Stopped During the last 8+ years Leavitt & Martin has represented thousands of clients for traffic tickets. Many of our clients are out of state clients and many are in state. The charges range from speeding, Virginia reckless driving, all the way to DUI and Hit[...] The post Traffic Lawyer’s Guide to Avoid Getting a Ticket When Stopped appeared first on Leavitt & Martin.

Traffic Lawyer’s Guide to Avoid Getting a Ticket When Stopped

During the last 8+ years Leavitt & Martin has represented thousands of clients for traffic tickets. Many of our clients are out of state clients and many are in state. The charges range from speeding, Virginia reckless driving , all the way to DUI and Hit and Run . Sometimes the charges are first offense , and many times our clients have prior tickets. If you have to go to court, you have already lost. Even if you get your case completely dismissed, you either had to pay a lawyer to go to court or you had to go to court yourself. Either way, you have already lost.

I hear what people say during traffic stops all the time. The most common excuses people have are often the worst, eg, “I was keeping up with the flow of traffic.” or, “I had to get to the restroom.” Do people really believe those are compelling reasons that allow you to speed? What follows is my practical advice for how you should act during a traffic stop, and it might just save you from getting a ticket .

What to Do if You Get Pulled Over

Police officers across the country frequently get killed or seriously injured by passing motorists during traffic stops. Police officers are just regular people who have a job and want to get home safely to their family. You should pull your vehicle over as far off the road as you safely can. This makes it obvious that you are exercising care, and showing an appreciation that a traffic stop is dangerous. You are doing what you can to make it safer for everyone.

Police have a dangerous job. They don’t know who the driver of the vehicle is that they stopped, or whether that person is armed or dangerous. They don’t know if that person has outstanding warrants and doesn’t want to go to jail. And they don’t know if the driver is using drugs or is otherwise intoxicated. It’s dangerous for them. If you put your vehicle in park and turn off the ignition, it sends the message that you are not likely to run. This is especially important with motorcycles or other loud vehicles where the engine noise can interfere with the traffic stop.

Police need to run your license and registration when you are pulled over, so have those ready for when the officer arrives. Some people hand wallets to the officer, or have to fumble through their messy car looking for the registration. Have that information ready to go. It makes the stop quicker, more efficient, and it looks more professional. If you keep your license in your wallet, take it out of the wallet. I don’t know any officer who will take a personal wallet back to their patrol car to run the license.

Every traffic stop is different. Sometimes it is clear why you have been stopped and sometimes you might be completely confused. Let the officer lead the conversation and try to get a feel for the officer’s demeanor. This may help you determine how you handle the interaction. So officers get upset during the traffic stop. Perhaps your driving behavior ticked them off. If you pick up on that, then you may be able to defuse the situation, take responsibility, and head off getting a ticket.

For many people, getting pulled over is very upsetting. Sometimes people get very emotional, some get mad and some cry. To the extent you can, try to remain calm. You cannot control whether you get a ticket or not. So let the process happen naturally and if you get a ticket, you can always deal with it at the appropriate time . But getting upset will not help the situation.

This is the difficult part of the stop. Here is a list of some do’s and don’ts during a traffic stop:

Do:

Don’t

Whether you get a ticket or not is beyond your control. Police frequently deal with drivers who lie, act evasive when asked simple questions, are upset, argumentative, emotional, or otherwise try to get out of the ticket. Try to act calm and professional, and accept responsibility where you can. Be direct and honest where you can, and in cases where you disagree it is ok to politely disagree but don’t push it too far. The officer may have been mistaken, but it doesn’t automatically make them a liar.

If the officer writes you a ticket, there is no getting out of it at that point. Accept the ticket and be on your way. Once the officer writes the ticket, it is best to just take the ticket and politely be on your way. If you start arguing on the side of the road it can only hurt your chances of getting it reduced or dismissed later in court. Call Leavitt & Martin and we can help.

The post Traffic Lawyer’s Guide to Avoid Getting a Ticket When Stopped appeared first on Leavitt & Martin .

What is the Penalty for Virginia Reckless Driving?

Fri, 02 Nov 2018 20:14:00 GMT

Is Virginia Reckless Driving a Misdemeanor or a Felony? Can I Got to Jail for Speeding? Do I need a Virginia reckless driving lawyer or speeding lawyer? At Leavitt & Martin, we specialize in traffic work and we have handled thousands of reckless driving cases. We are Virginia traffic lawyers. I am familiar with Virginia[...] The post What is the Penalty for Virginia Reckless Driving? appeared first on Leavitt & Martin.

Is Virginia Reckless Driving a Misdemeanor or a Felony?

Can I Got to Jail for Speeding? Do I need a Virginia reckless driving lawyer or speeding lawyer?

At Leavitt & Martin , we specialize in traffic work and we have handled thousands of reckless driving cases . We are Virginia traffic lawyers. I am familiar with Virginia Reckless Driving and its consequences. I copied all of the Virginia reckless driving laws in their entirety. As you can see, there are a number of reckless driving laws. There is an additional charge called “ Improper Driving ” and I will discuss that in more depth as well. In fact, there are at least 14 ways to drive recklessly in Virginia.

For now, I am going to cover the MAIN reckless driving laws. These are the laws that probably 99 percent of people are charged with. While Virginia reckless driving can be a felony it is ALMOST ALWAYS a misdemeanor.

Virginia reckless driving first offense and second offense both carry the same potential range of punishment, although the driving history often plays a role in the case. Also, out of state drivers can face additional consequences depending on the state they live in.

Virginia Reckless Driving by Speed, § 46.2-862. Exceeding speed limit.

This is the Most Commonly Written Reckless Driving Charge in Virginia

There are two ways to violate this law, and if you violate EITHER section you are technically guilty:

Penalty for Virginia Reckless Driving

Reckless driving is a charge where the consequences can be far reaching and unpredictable. The reason for this is that there are both DIRECT consequences, and INDIRECT consequences. Direct consequences are easy to figure out to the extent that there is a range of punishment. The judge may not exceed that range of punishment. And many cases are predictable.

However, reckless driving has many indirect consequences that may very well vary from state to state and individual to individual. These are much more difficult to foresee.

Direct Consequences of Virginia Reckless Driving :

Keep in mind that your case may very well qualify for a reduction or a dismissal but this guide right now deals with the consequences if you are found guilty. Reckless driving by speed in Virginia is classified as a class 1 criminal misdemeanor. That means that if you are found guilty , the following will happen:

Again, most of my clients have their charges reduced or dismissed but I am providing the above information to answer the question of what happens if you are found guilty.

Indirect Consequences of a Conviction for Virginia Reckless Driving:

In addition to the above direct consequences, you may face some or all of the following indirect consequences:

Virginia Reckless Driving: What Happens if I Get an Out of State Reckless Driving Charge? Will it Follow Me to My Home State?

There are really two issues here. One deals with the criminal record, and the other deals with the points/insurance/potential license suspension, etc.

Because Virginia classifies this as a criminal misdemeanor, you will have a permanent criminal record that never goes away and can never be expunged IF YOU ARE FOUND GUILTY OF RECKLESS DRIVING BY SPEED IN VIRGINIA.

Virginia decides what is a misdemeanor and what is not. So if you live in a different state where it would not be a misdemeanor then it does not matter. Since Virginia treats it as a misdemeanor, you get a criminal record across all 50 states if you are convicted. If you are asked on a background check if you have a misdemeanor and you put NO, then be forewarned that it can show up as a misdemeanor and you may lose out on a job because you did not answer truthfully.

Example: Marijuana possession is legal in some cases in Colorado. If a Colorado resident goes to Virginia and possesses Marijuana it is a misdemeanor charge and if they get convicted they will have a permanent criminal record even though it is legal in their home state.

When you visit or enter a state, you are subject to their laws and ignorance of the law is not a defense.

2. Out of State Issue, Do the Virginia Reckless Driving Points Follow Me? How Will a Conviction Impact Me?

As noted above, the criminal record does follow you to all 50 states and it is permanent and can never be expunged. The points and the license suspension is different if you are out of state.

Many states have an automatic suspension if you get convicted in any state for Reckless Driving. I have been retained after the fact by residents of Connecticut, Michigan, New Hampshire, Washington D.C., Washington state, and others where the conviction for reckless driving was reported and they faced an AUTOMATIC suspension.

2. How the Process Works for Out of State Drivers

You get a ticket, and you may or may not realize it’s for reckless driving. Sometimes the officers write “RD” on the ticket and many people think that stands for radar when it means reckless driving. So you don’t pay a lot of attention. The speed may have been fairly low, 81 mph up to 89 mph and maybe the officer tells you to just call a number and pay the ticket. So you call the number, you pay the ticket, and then BAM, you get a letter in the mail from your home state saying that YOUR LICENSE WILL BE SUSPENDED.

So here is how the process actually works:

Virginia Reckless Driving: What Should I Expect to Happen?

Answer: It depends, it really does. But let me give some helpful guidance.

Every judge is different, but here are some general guidelines, by far the three biggest factors for what will happen in your case are:

Your outcome will usually be driven by where you got the ticket, the speed you were cited for going, and what your driving record looks like. There is no excuse for speeding that the judge will accept as a legal defense usually. If you sit through traffic court you will hear the following excuses:

None of these reasons is a legal defense to speeding or reckless driving and the judges typically have a response because they hear them so frequently. Outside of a medical emergency that you can document there really is not a legal excuse for speeding or reckless driving.

As a general rule, the lower the speed your charge is for and the better driving record you have the better your chances are of getting a good result. That result may look like a dismissal or it may look like a reduction depending on where you got the ticket.

What Are Legal Defenses to Virginia Reckless Driving by Speed or Speeding?

At Leavitt & Martin , we have entered a plea of NOT GUILTY and won many cases for speeding and reckless driving by speed after a trial. Here are the most common legal defenses:

Virginia Reckless Driving Calibration issues: § 46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.

Calibration issues deal with the officer’s calibration of his/her radar or lidar. Believe it or not, but many officers do not know the law regarding radar/lidar calibration. There is really good case law on what is required to mount a good defense in this area and MOST attorneys don’t know it. There are very few lawyers who have successfully tried these issues.

Example: I was in court and my client had a TERRIBLE driving record. The judge would never help nor would the prosecutor. In other words, my client was getting convicted 100 percent of the time UNLESS I could find a legal defense. I asked the Virginia State Police trooper to see his calibration certificate, pursuant to 46.2-882.

As he looked for it, he (sarcastically) told me how I was a good lawyer because most lawyers don’t check them. So I reviewed it and I found a legal defense. I knew he could not fix it so I told him I had found an issue and then I left him there. I noticed him scrutinizing the calibration report but he could not find the issue.

I entered a plea of NOT GUILTY. After a trial, I won the case . The judge agreed with me and dismissed the case. I have done this many times and I have found that prosecutors, officers, and even judges are not familiar with this law. So this legal defense is the most common.

Virginia Reckless Driving: The Officer Clocks the Wrong Vehicle

I have also won cases where the officer does not clock the correct vehicle. Radar operates in such a way that it does not pinpoint an exact vehicle. And so the issue becomes, how does the officer know the vehicle that is breaking the law?

Sometimes the officer will pull over two vehicles that both appear to be driving the same speed. However, if the officer does not individually clock each vehicle then the charge must be dismissed. And they do this pretty frequently. For this defense you need an honest police officer to admit they did not actually clock the vehicle and I have won cases this way.

Virginia Reckless Driving: The Officer Makes a Mistake on the Ticket

Not every error on a ticket will result in a dismissal. For instance, if the officer spells your name wrong or if the officer gets the address wrong. These are common mistakes.

However, some mistakes WILL result in a dismissal.

Example 1: I entered a plea of NOT GUILTY for a client where the officer wrote down the offense date on the ticket but it did not match up with the correct DAY OF THE WEEK on the ticket. In other words, one of the two HAD TO BE WRONG. As a result there was no valid offense date. The officer was honest and could not remember when the ticket was written and the judge dismissed the case.

Example 2: The officer pulled over my client and gave my client the ticket. However, the officer wrote the name of the person whose vehicle it was registered in when filling out the ticket but used my client’s license number when he completed the ticket. Therefore essentially two different people were on the ticket. The judge had to dismiss the case because the officer could not identify who the actual driver was in court.

Other Common Reckless Driving in Virginia; Reckless Driving General

Virginia Reckless Driving § 46.2-852. Reckless driving; general rule.

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

This law is the general rule against reckless driving. You see this where someone spins their tires, whether they get in an accident, and you often see this as a reduced DUI. The range of punishment is identical to the reckless driving by speed law in Virginia.

These charges are often MORE SERIOUS than reckless driving by speed. Accident cases in particular are generally more serious due to the potential for injury, the risk to law enforcement and public safety, etc. Even within accident cases there is a hierarchy of how serious these charges are based on the following:

Reckless driving accident cases often depend on statements made to the police. If there was one area of law I could tell people to REMAIN SILENT this would be it. However, most people do not. In most accident cases the officer does not witness the accident. And there are rarely witnesses who are brought to court. So the only way many people can get convicted are based on their OWN statements as to the cause of the accident.

Even if there is evidence sufficient to find you guilty, WE CAN OFTEN GET CHARGES REDUCED OR DISMISSED.

Is Improper Driving a Misdemeanor in Virginia? What is Improper Driving?

Improper driving is a not a misdemeanor. It is a traffic infraction, and if you are convicted it will NOT leave you with a criminal record. The punishment for improper driving is simply a fine up to $500. Here are some important facts about Improper Driving:

In Virginia, Improper Driving is the lowest moving violation you can get. If you are licensed here in Virginia it carries the fewest points you can get for a moving violation. If you are licensed out of state, it sometimes will not show up on your out of state license. It really depends on your home state and who is in charge of transferring charges. Some states have a “careless driving” law that is similar. Either way, this is a minor moving violation, and not reckless driving. Here is the text of the law:

§ 46.2-869. Improper driving; penalty.

Virginia Reckless Driving Article 7. Reckless Driving and Improper Driving.

Virginia Reckless Driving § 46.2-852. Reckless driving; general rule.

Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.

Virginia Reckless Driving § 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

Virginia Reckless Driving § 46.2-854. Passing on or at the crest of a grade or on a curve.

Virginia Reckless Driving § 46.2-855. Driving with driver’s view obstructed or control impaired.

Virginia Reckless Driving § 46.2-856. Passing two vehicles abreast.

Virginia Reckless Driving § 46.2-857. Driving two abreast in a single lane.

Virginia Reckless Driving § 46.2-858. Passing at a railroad grade crossing.

Virginia Reckless Driving § 46.2-859. Passing a stopped school bus; prima facie evidence.

Virginia Reckless Driving § 46.2-860. Failing to give proper signals.

Code 1950, §§ 46-209, 46-209.1 ; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727.

Virginia Reckless Driving § 46.2-861. Driving too fast for highway and traffic conditions.

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

Virginia Reckless Driving§ 46.2-862. Exceeding speed limit.

Virginia Reckless Driving § 46.2-863. Failure to yield right-of-way.

Virginia Reckless Driving § 46.2-864. Reckless driving on parking lots, etc.

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

Virginia Reckless Driving § 46.2-865. Racing; penalty.

Code 1950, § 46-209.2; 1956, c. 686; 1958, c. 541, § 46.1-191; 1972, c. 33; 1984, c. 780; 1989, c. 727.

Virginia Reckless Driving § 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.

A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or

2004, c. 859 ; 2006, c. 348 .

Virginia Reckless Driving § 46.2-866. Racing; aiders or abettors.

Any person, although not engaged in a race as defined in § 46.2-865 , who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.

1968, c. 575, § 46.1-191.1; 1989, c. 727.

Virginia Reckless Driving § 46.2-867. Racing; seizure of motor vehicle.

The penalties imposed by these sections are in addition to any other penalty imposed by law.

1972, c. 702, § 46.1-191.2; 1989, c. 727; 1993, c. 866; 2004, c. 859 ; 2012, cc. 283 , 756 .

Virginia Reckless Driving § 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, § 46.1-192; 1962, c. 302; 1970, c. 337; 1980, cc. 29, 221; 1989, c. 727; 2004, c. 349 ; 2013, cc. 752 , 790 .

Virginia Reckless Driving § 46.2-868.1. Aggressive driving; penalties.

2002, cc. 752 , 782 .

§ 46.2-869. Improper driving; penalty.

1966, c. 511, § 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770; 2000, c. 340 .

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Emporia, Virginia Reckless Driving Attorney Gets 4 Cases Reduced Yesterday with NO POINTS

Fri, 02 Nov 2018 16:28:00 GMT

Reckless Speeding in Emporia, Virginia is Serious The potential punishment for reckless driving is: 0-12 months in jail (yes, a judge can put you in jail for 12 months for reckless driving by speed although jail time is normally seen at higher speeds) 0-6 months license suspension (watch out for this, some states automatically suspend[...] The post Emporia, Virginia Reckless Driving Attorney Gets 4 Cases Reduced Yesterday with NO POINTS appeared first on Leavitt & Martin.

Reckless Speeding in Emporia, Virginia is Serious

The potential punishment for reckless driving is:

Usually the worst results (jail time and license suspension) are reserved for cases where you are driving at a very high speed. Most Virginia judges will not consider the possibility of jail until you get to either 90 mph OR 30 mph over the speed limit but that is not an absolute rule.

Yesterday All FOUR of Our Emporia Reckless Driving Charges Were Reduced with No Points

Disclaimer: every case is unique and past results do not predict the future

That said, we represented clients in Emporia, VA traffic court charged with reckless driving by speed and speeding. All four clients had their charges reduced to non moving violations that have no points.

Here is a picture of the highest speed, 80 mph in a 55 zone and the lowest 76 mph in a 60:

As you can see the fine amount is different for a simple speeding ticket, but the fine for 80 mph in a 55 was fairly low as well. Call today for a free consultation (804) 873-4004.

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Prince George, Virginia Reckless Driving Lawyer Reduces with No Points

Wed, 31 Oct 2018 00:17:00 GMT

Prince George VA Reckless Driving Cases Reduced 90 mph and 89 mph It is HIGHLY unusual to reduce charges of 90 mph and 89 mph for reckless driving by speed ALL the way to a non moving violation that has no points. When a charge gets reduced this low, there are no insurance issues and[...] The post Prince George, Virginia Reckless Driving Lawyer Reduces with No Points appeared first on Leavitt & Martin.

Prince George VA Reckless Driving Cases Reduced 90 mph and 89 mph

It is HIGHLY unusual to reduce charges of 90 mph and 89 mph for reckless driving by speed ALL the way to a non moving violation that has no points. When a charge gets reduced this low, there are no insurance issues and it is as good as a dismissal. See the following two cases we did this week in Prince George, Virginia traffic court:

And here is the 89 mph case:

Every case is unique and past results do not predict the future.

Reckless driving is a serious offense.

It can carry up to 12 months in jail, although jail time at 90 mph in Prince George is rare. However, convictions are not rare. And if you are convicted of misdemeanor reckless driving, it is not the same thing as a traffic infraction.

Misdemeanors can often have consequences that go way beyond your normal traffic violation. Call today to get a free consultation on your case.

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Kyle Lauletta of the New York Giants May Have Been Charged with Reckless Driving by Speed in 2017

Tue, 30 Oct 2018 19:12:00 GMT

DISCLAIMER: I am a lifelong New England Patriots fan. I don’t like the New York Giants, especially since 2007 when the Giants beat the greatest football team ever despite Eli Manning. So when I saw that Kyle Lauletta was charged in New York I did some quick digging since he played football in Virginia. Also, I cannot say with 100 percent certainty that the Kyle James Lauletta (from Exton, PA) convicted in Fairfax General District Court in 2017 is the SAME Kyle Lauletta who plays for the New York Giants. On the Fairfax court website it lists the birthday as “03/17/****” and while MANY websites list Kyle Lauletta’s birthday as March 17, 1995 others such as NFL.com list it as November 27, 1995 as well as ESPN.com.

Kyle Lauletta was Charged with Reckless Driving by Speed 84 mph in a 55 mph zone, but Convicted of Fail to Obey a Highway Sign

Let’s keep this in context, 84 mph is not a very high speed and Mr. Lauletta was not convicted of that charge. He was technically charged with reckless driving by speed, which is a misdemeanor. Under Virginia law, anything OVER 80 mph, or 20 mph or more over the limit may be charged as reckless driving by speed.

Mr. Lauletta was charged with that offense. That is not a very high speed compared with other athletes like former Washington Nationals player Jason Werth who was convicted of driving 105 mph in a 55 mph zone in Fairfax. Jason Werth was convicted and spent time in jail for doing that.

Mr. Lauletta was presumed innocent prior to trial and he was only found guilty of a minor traffic infraction, fail to obey a highway sign. Fail to obey a highway sign is a minor traffic infraction and not a misdemeanor and not reckless driving. That said, take it easy on the roads Kyle Lauletta. If paying court fines and costs doesn’t slow you down, the NEW ENGLAND DEFENSE WILL .

Here is the text of the law:

§ 46.2-830. Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section.

The public Virginia website to search for case information is HERE: https://eapps.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing

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New Kent, Virginia Underage Possession of Alcohol Dismissed, University of Richmond student

Sun, 28 Oct 2018 20:47:00 GMT

New Kent, Virginia Underage Possession of Alcohol Consequences Every criminal charge carries the possibility of consequences. Underage possession of alcohol is a class 1 misdemeanor in Virginia. As such it carries the possibility of: up to one year in jail a fine up to $2500 but mandatory $500 or 50 hours of community service license[...] The post New Kent, Virginia Underage Possession of Alcohol Dismissed, University of Richmond student appeared first on Leavitt & Martin.

New Kent, Virginia Underage Possession of Alcohol Consequences

Every criminal charge carries the possibility of consequences. Underage possession of alcohol is a class 1 misdemeanor in Virginia. As such it carries the possibility of:

College Students May Have Additional Consequences

In addition to the above consequences, college students may:

Employers Care About Criminal Offenses

Employers now are placing a greater emphasis on criminal offenses. This may be a product of the economy, or it may just be that information is more readily available than it once was. In the digital age, it is very easy to find criminal charges.

A well planned approach can often result in a dismissal of your underage possession of alcohol charge. See the following case where we got the charge completely dismissed in New Kent General District Court.

Every case is unique and past results do not guarantee or predict the future. Call today for a free consultation. 804-873-4004.

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VCU Underage Possession of Alcohol Richmond, Virginia Case Dismissed

Sun, 28 Oct 2018 20:22:00 GMT

Richmond, Virginia Underage Possession of Alcohol is a Misdemeanor If convicted, the charge is a criminal misdemeanor and can leave you with the following: permanent criminal record fine up to $2500, minimum of $500 or 50 hours of community service jail sentence up to one year license suspension up to one year ASAP alcohol and[...] The post VCU Underage Possession of Alcohol Richmond, Virginia Case Dismissed appeared first on Leavitt & Martin.

Richmond, Virginia Underage Possession of Alcohol is a Misdemeanor

If convicted, the charge is a criminal misdemeanor and can leave you with the following:

Employers these days are looking more so than ever at background checks. Don’t let a small mistake make yourself less marketable when you get your college degree.

Dismissed Underage Possession of Alcohol Charge, VCU Student

Everyone makes mistakes and no one is perfect. Recently we represented a college student for Richmond, VA underage possession of alcohol and his case was dismissed:

Call today for a free consultation. Every case is unique and past results do not guarantee the future. Call to see what we might be able to do. This client got his case completely dismissed with no fine or court costs and he did not even have to enter a plea to the charge.

Here is the text of the law:

§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services.

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Chesterfield, Virginia Reckless Speeding Dismissed

Sat, 27 Oct 2018 16:05:00 GMT

Chesterfield, VA Traffic Lawyer Gets Reckless Speeding Ticket Dismissed Reckless driving by speed is like a speeding ticket on steroids. The DIRECT consequences of reckless driving are potentially far more severe than simple speeding. Let’s take a look: Direct Consequences of Simple Speeding versus Reckless Driving by Speed Simple Speeding punished as a traffic infraction[...] The post Chesterfield, Virginia Reckless Speeding Dismissed appeared first on Leavitt & Martin.

Chesterfield, VA Traffic Lawyer Gets Reckless Speeding Ticket Dismissed

Reckless driving by speed is like a speeding ticket on steroids. The DIRECT consequences of reckless driving are potentially far more severe than simple speeding. Let’s take a look:

Direct Consequences of Simple Speeding versus Reckless Driving by Speed

Simple Speeding

Reckless driving by speed

This does not address the indirect consequences of speeding tickets versus reckless driving but those are more severe as well.

How do I tell if I am Charged with Speeding, or Reckless Driving by Speed?

Answer: Your summons will tell you. The Virginia law section for Reckless Driving by Speed is HERE . Reckless driving by speed is defined as anything 20 or more over the limit OR anything over 80 mph. So 81 mph in any speed zone (even a 70 zone) is reckless driving assuming they wrote the reckless law section which they usually do.

Just Because you are Charged With Reckless Speeding Does not Mean You Need to Get Convicted

See the following Chesterfield traffic court case we did where we got the charge COMPLETELY DISMISSED:

Every case is unique and past results do not guarantee the future. Call today for a free consultation to see if we can help. 8048734004.

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Chesterfield Speeding Ticket Dismissed, No Fine and No Court Costs

Sat, 27 Oct 2018 15:49:00 GMT

Chesterfield, Virginia Speeding Tickets can be Costly In addition to the costs of your fine and court costs, you can often have the following consequences: points on your license expensive insurance increases employment consequences license suspension for certain offenses or for accumulation of points See the Following Chesterfield Speeding Ticket that was Dismissed This case[...] The post Chesterfield Speeding Ticket Dismissed, No Fine and No Court Costs appeared first on Leavitt & Martin.

Chesterfield, Virginia Speeding Tickets can be Costly

In addition to the costs of your fine and court costs, you can often have the following consequences:

See the Following Chesterfield Speeding Ticket that was Dismissed

This case was completely dismissed with no fine and no court costs. Call today for a free consultation. 804-873-4004

Disclaimer: Past results do not guarantee or predict the future and every case is unique.

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Chesterfield, Virginia Reckless Driving Accident Dismissed

Sat, 27 Oct 2018 15:38:00 GMT

Chesterfield, VA Reckless Driving Accident Lawyer Gets Case Dismissed Law enforcement in Virginia commonly write reckless driving charges whenever there is an accident. The two most commonly charged reckless driving laws in Virginia are: § 46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on[...] The post Chesterfield, Virginia Reckless Driving Accident Dismissed appeared first on Leavitt & Martin.

Chesterfield, VA Reckless Driving Accident Lawyer Gets Case Dismissed

Law enforcement in Virginia commonly write reckless driving charges whenever there is an accident. The two most commonly charged reckless driving laws in Virginia are:

§ 46.2-852. Reckless driving; general rule.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

Call today for a free consultation about your reckless driving charge. 804-873-4004

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Hopewell, Virginia Traffic Lawyer Reduces Three Reckless Driving Speeding Cases

Sat, 27 Oct 2018 03:50:00 GMT

Reckless Speeding in Hopewell, Virginia is Serious Reckless driving is a class 1 misdemeanor. As such, it carries the possibility of: jail time (0-12 months) significant fine ($0-2500) loss of employment (people with security clearances, CDL drivers, military, anyone in finance subject to criminal checks, school personnel) insurance issues (insurance companies frequently drop people from[...] The post Hopewell, Virginia Traffic Lawyer Reduces Three Reckless Driving Speeding Cases appeared first on Leavitt & Martin.

Reckless Speeding in Hopewell, Virginia is Serious

Reckless driving is a class 1 misdemeanor. As such, it carries the possibility of:

Three Recent Cases Reduced and ALL Avoided the Misdemeanor and Points

Each case was written as reckless driving by speed. One was written at 86 mph, one at 87 mph, and the last was written as 97 mph in a 70. Cases get more serious the faster you are going. As a general rule, anything over 90 mph is VERY serious. Some courts consider jail at 90, however Hopewell is not one of those locations. That said, even in Hopewell 97 mph is VERY serious and is HARD to get reduced. We were able to get this reduced to IMPROPER DRIVING, which will not give my Canadian client any points:

As you can see, the fine was set at $500 which is really not a high fine at all for 97 mph. The next case we did was in Hopewell traffic court and was written as 89 mph in a 70. In Hopewell, VA we can often get this reduced, but avoiding points is next to impossible. However that is what we accomplished in this case:

You can see the fine went down to $250 at 89 mph. The next case in Hopewell traffic court we did was reckless speeding, 86 mph in a 70. Once again, it is not that hard to get this reduced, but they again almost NEVER reduce this to a non moving violation at 86 mph:

The fine for 86 went down to $215. We have been practicing law for a combined 16+ years, and have handled THOUSANDS of reckless driving cases. Every case is unique and past results do not predict the future. Call today for a free consultation.

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Dinwiddie Virginia Reckless Driving Dismissed and Reduced NO POINTS

Fri, 26 Oct 2018 22:50:00 GMT

Severe Consequences for Dinwiddie, Virginia Reckless Driving Speeding in Traffic Court If you have a reckless driving charge, don’t let it ruin your life. If you are found guilty, reckless driving leaves you with a permanent criminal record. That alone can have the following effects: ability to keep and maintain security clearance ability to keep[...] The post Dinwiddie Virginia Reckless Driving Dismissed and Reduced NO POINTS appeared first on Leavitt & Martin.

Severe Consequences for Dinwiddie, Virginia Reckless Driving Speeding in Traffic Court

If you have a reckless driving charge, don’t let it ruin your life. If you are found guilty, reckless driving leaves you with a permanent criminal record. That alone can have the following effects:

Dinwiddie Reckless Speeding Dismissed and Reduced with No Points

Today we had two cases in Dinwiddie, Virginia traffic court dismissed with no fine. When a charge of speeding or reckless driving is dismissed, then it will not appear on your driving record. So you will not get points and you will not be penalized for it.

We had another case that was reduced with no points. Sometimes the judge will not want to send you to driving school to get a charge dismissed. An alternative to this would be to reduce the charge to something that has no points. That way the judge can still set a fine, but the judge is not giving you any points so outside of paying the fine it should be almost as good as a dismissal.

Today we had a case reduced with no points, and two cases dismissed:

Here is the other case that was dismissed:

Every case is unique and past results do not guarantee or predict future results. Reckless driving is a serious offense in Virginia , review some of our RECENT CASE RESULTS and call us at 804-873-4004 for a free consultation.

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Virginia Cyclist Dies After Fatal Hit and Run; Update Still Seeking Help from Public

Fri, 26 Oct 2018 17:30:00 GMT

Virginia State Police Investigating Hit and Run *UPDATE VIRGINIA STATE POLICE STILL SEEKING ASSISTANCE FROM THE PUBLIC VSP Continues to Seek the Public’s Assistance in Locating Suspect in Fatal Hit-and-Run in York County A week ago today, York County, Virginia resident Brian L. Utne, was killed on his way home in a motor vehicle accident on Lakeside[...] The post Virginia Cyclist Dies After Fatal Hit and Run; Update Still Seeking Help from Public appeared first on Leavitt & Martin.

Virginia State Police Investigating Hit and Run

*UPDATE VIRGINIA STATE POLICE STILL SEEKING ASSISTANCE FROM THE PUBLIC

VSP Continues to Seek the Public’s Assistance in Locating Suspect in Fatal Hit-and-Run in York County

A week ago today, York County, Virginia resident Brian L. Utne, was killed on his way home in a motor vehicle accident on Lakeside Drive. The unknown vehicle fled the scene and has yet to be found.

On October 25, 2018, the State Police Accident Reconstruction team was called to the scene at Lakeside Drive and Yorkville Road to investigate the scene of the crash. Based on the evidence on the scene, it has been determined that Mr. Utne was struck by a large Ford vehicle – possibly an Excursion or large Ford truck that was manufactured between the years of 1999-2001.

The vehicle is grey in color. It should have damage to the front end bumper, marker lights, and possibly front right quarter panel damage.

State Police continue to seek the public assistance and/or witnesses to this crime. If you have any information on the possible where about of the vehicle, please contact the State Police at (757) 424-6800 or questions@vsp.virginnia.gov.

PLEASE SHARE THIS TO ANYONE WHO MAY BE ABLE TO HELP LOCATE THE DRIVER

There are only so many 1999-2001 Gray Ford Excursions on the road. And this one will have sustained damage. Please get the word out and help the VSP locate this hit and run driver.

Original post:

Police are investigating the Hit and Run death of 50 year old cyclist Brian Utne. The hit and run took place around 7:07 p.m. in York County on Thursday, October 25, 2018. Brian Utne was taken to Riverside Regional Hospital, but he did not survive.

The Virginia State Police are investigating. A grey Ford pickup truck is believed to have been involved. If you or anyone you know has information about the hit and run you can CONTACT THE VIRGINIA STATE POLICE right away.

Photos of Brian Utne posted on popular cycling training site Strava do not appear to show use of a bike camera. Front and rear cycling cameras are readily available now and could potentially assist in any road incident. As a cyclist, I know firsthand how dangerous it can be on the roadways. I began using a Cycliq Fly6, which acts as a flashing light and also a camera. I have known several other cyclists who have used this to identify reckless drivers. I would urge all cyclists to research cameras like this.

law on moving over

CARS AND TRUCKS MUST GIVE CYCLISTS THREE FEET WHEN PASSING, AND PASS AT A REASONABLE SPEED

§ 46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.

9 Emporia Virginia Speeding and Reckless Driving Cases Reduced No Points in Traffic Court

Thu, 25 Oct 2018 20:17:00 GMT

Emporia Virginia Speeding and Reckless Driving Ticket is Not Fun We take many calls from people every week charged with speeding and reckless driving by speed. We also take many calls from people who want us to fix a conviction they had in the past because they are experiencing the ugly consequences of it. Usually[...] The post 9 Emporia Virginia Speeding and Reckless Driving Cases Reduced No Points in Traffic Court appeared first on Leavitt & Martin.

Emporia Virginia Speeding and Reckless Driving Ticket is Not Fun

We take many calls from people every week charged with speeding and reckless driving by speed. We also take many calls from people who want us to fix a conviction they had in the past because they are experiencing the ugly consequences of it. Usually they want to fix one of the following consequences:

We Can Probably Help if it is BEFORE the Court Date, and We MAY be able to Help After

In Virginia you have a limited time to appeal or file a motion to reopen. So many times I have to tell people we cannot help them even though they are facing a severe consequence. In the cases where we can go back in and fix it, our fee is more because of the nature of it.

It is Always Better to Take Care of a Speeding or Reckless Driving Ticket

If you can get your speeding ticket reduced or dismissed then that is best. If you have a reckless driving charge, you want to avoid the criminal misdemeanor. And beyond that, you want to get it reduced as low as you can to minimize the consequences.

9 Emporia Reckless Driving and Speeding Tickets in Traffic Court

Today I went to court for 9 clients charged with speeding or reckless driving by speed in Emporia, Virginia traffic court. They were charged as follows:

Case 1: Speeding 72/55 RESULT : reduced to defective equipment, NO POINTS, fine of $102

Case 2: Speeding 71/55 RESULT : reduced to defective equipment, NO POINTS, fine of $96

Case 3: Speeding 73/55 RESULT : reduced to defective equipment, NO POINTS, fine of $108

Case 4: Speeding 73/55 RESULT : reduced to defective equipment, NO POINTS, fine of $108

Case 5: Reckless Driving by Speed 77/55 RESULT : reduced to defective equipment, NO POINTS, fine of $169

Case 6: Speeding 71/55 RESULT : reduced to defective equipment, NO POINTS, fine of $96

Case 7: Speeding 70/55 RESULT : reduced to defective equipment, NO POINTS, fine of $90

Case 8: Speeding 74/55 RESULT : reduced to defective equipment, NO POINTS, fine of $114

Case 9: Speeding 74/55 RESULT : reduced to defective equipment, NO POINTS, fine of $114

Here Are the Highest Speed and the Lowest Speed from the Court Website:

Here is the lower speed ticket:

At Leavitt & Martin we represent clients in MANY DIFFERENT LOCATIONS charged with SPEEDING and RECKLESS DRIVING . We are an A+ Rated BBB organization. See our RECENT CASE RESULTS .

Every case is unique and past results do not predict the future.

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EMPORIA VA RECKLESS DRIVING SPEEDING, REDUCED WITH NO POINTS

Wed, 24 Oct 2018 00:51:00 GMT

Over 12 Recent Emporia, Virginia Reckless Driving and Speeding Tickets Reduced with No Points Disclaimer: Every case is unique and past results do not guarantee future results. Recently we went to court in Emporia General District Court with over 12 cases. Five of our clients were charged with reckless driving by speed, with speeds as[...] The post EMPORIA VA RECKLESS DRIVING SPEEDING, REDUCED WITH NO POINTS appeared first on Leavitt & Martin.

Over 12 Recent Emporia, Virginia Reckless Driving and Speeding Tickets Reduced with No Points

Disclaimer: Every case is unique and past results do not guarantee future results.

Recently we went to court in Emporia General District Court with over 12 cases. Five of our clients were charged with reckless driving by speed, with speeds as high as 80 mph in a 55 and speeding tickets as low as 73 mph in a 55.

Sometimes when you win cases, you do so because of a legal defense. However, with these cases we were able to position them in such a way that everyone avoided points. That is highly unusual for driving 25 mph over the speed limit. And the fine amounts were not high either.

We frequently get retained because reckless driving tickets can have the following consequences:

For speeding tickets, the issue is often:

Here are some of the recent results we achieved:

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Dinwiddie VA Reckless Driving Speeding DISMISSED

Tue, 23 Oct 2018 18:11:00 GMT

DINWIDDIE RECKLESS DRIVING, TANGIBLE RESULTS I am posting case results from the same exact docket in Dinwiddie at the same speed of 83 mph. Case 1 is a case that Leavitt & Martin got dismissed. Case 2 is a different attorney. Case 3 got the worst result and someone represented themselves. Leavitt & Martin, Dinwiddie[...] The post Dinwiddie VA Reckless Driving Speeding DISMISSED appeared first on Leavitt & Martin.

DINWIDDIE RECKLESS DRIVING, TANGIBLE RESULTS

I am posting case results from the same exact docket in Dinwiddie at the same speed of 83 mph. Case 1 is a case that Leavitt & Martin got dismissed. Case 2 is a different attorney. Case 3 got the worst result and someone represented themselves.

Leavitt & Martin, Dinwiddie Reckless Speeding 83 MPH DISMISSED

See the following case where we recently represented a client charged with Dinwiddie VA reckless driving. We met with the client in advance and discussed the case and came up with a path forward. Putting in the time we did, and having the client follow our advice we got the following result:

As you can see, there is not fine and because the case was dismissed, nothing will show up on the client’s driving record at all.

Different Lawyer, Much Different Result

To be fair, this case result was the same jurisdiction (Dinwiddie) on the same day, with the same judge, and yet this attorney did not earn a dismissal for his client. As a result, this client will have to pay a fine of $200 that our client never paid, and they will have something show up on their driving record:

As you can see, both cases were heard in court on 10/18. I was there and it was the same judge for both cases yet Leavitt & Martin got their case dismissed and this attorney only got the charge reduced.

Example 3, the Worst Outcome No Lawyer

By far the worst outcome was the following case. This case was also at 83 mph on 10/18 so it was the same day in Dinwiddie with the same judge. This person elected to go forward WITHOUT a lawyer and it backfired to some extent. While they still got their case reduced, it was reduced to a speeding ticket and it was barely reduced. So this person is going to get 3 demerit points on their driving record and likely take a big hit to their insurance. In trying to save some money they are going to pay more in the long run most likely.

Disclaimer: Every case is unique and past results do not guarantee future results.

Reckless Driving and Speeding are Cases you Want to Get Reduced or Dismissed

Even the worst case result here still got a reduction. And a reduction is an excellent outcome compared to a lifelong criminal conviction for reckless driving. Leavitt & Martin has been representing clients charged with Dinwiddie VA reckless driving for over 8 years now and is very experienced in these types of cases.

We can advise you on what to expect in your case, and help you present your case in the most favorable light. Call today for a free consultation: (804)873-4004.

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Amelia Va Reckless Driving 88 mph in 60 DISMISSED

Tue, 23 Oct 2018 15:29:00 GMT

Reckless Driving by Speed in Amelia DISMISSED Every case truly is unique. I went to court recently for my client who had an AMELIA RECKLESS DRIVING CHARGE for speeding, 88 mph in 60. This was not a low speed by any means. Any time you start approaching 90 mph the cases get more serious. In addition,[...] The post Amelia Va Reckless Driving 88 mph in 60 DISMISSED appeared first on Leavitt & Martin.

Reckless Driving by Speed in Amelia DISMISSED

Every case truly is unique. I went to court recently for my client who had an AMELIA RECKLESS DRIVING CHARGE for speeding, 88 mph in 60. This was not a low speed by any means. Any time you start approaching 90 mph the cases get more serious. In addition, the driving record had a recent DUI/DWI in Virginia.

Speeding Reckless in Amelia

However, not every speeding or reckless driving case at a higher speed means you have to get convicted. Some cases can get dismissed due to legal defenses:

SEE LEGAL DEFENSES FOR RECKLESS DRIVING

In this case, we did not have the luxury of a legal defense. This case was won by properly advising my client on what to do BEFORE the court date. Once we got to trial, my client was prepared to put her best foot forward and I was able to convince the prosecutor to dismiss the case.

Call today, (804)873-4004, to speak with a Better Business Bureau A+ rated attorney about your case. At Leavitt & Martin we maintain 100 percent client 5 star reviews across all review sites:

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Call today: (804)873-4004

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How to Find a Legal Defense to Virginia Reckless Driving or Speeding

Mon, 22 Oct 2018 21:27:00 GMT

Reckless Driving or Speeding? You will locate this under the Law Section of your ticket. There are many different Virginia speeding and Virginia reckless driving offenses: DIFFERENT TYPES OF VIRGINIA SPEEDING TICKETS The most commonly charged Virginia speeding law is 46.2-870. But you can see the full list here: FROM 46.2-870 until about 46.2-881. As[...] The post How to Find a Legal Defense to Virginia Reckless Driving or Speeding appeared first on Leavitt & Martin.

Reckless Driving or Speeding?

You will locate this under the Law Section of your ticket. There are many different Virginia speeding and Virginia reckless driving offenses:

DIFFERENT TYPES OF VIRGINIA SPEEDING TICKETS

The most commonly charged Virginia speeding law is 46.2-870.

But you can see the full list here: FROM 46.2-870 until about 46.2-881.

As you can see, there are quite a few Virginia speeding laws. These are just traffic infractions and they are not criminal. The judge has no direct ability to suspend your license for a speeding ticket that is NOT reckless driving. The DMV can still suspend your license, but the judge cannot for simple speeding.

DIFFERENT VIRGINIA RECKLESS DRIVING LAWS

Reckless driving IS a criminal misdemeanor and the judge DOES have the ability to suspend your license for reckless driving. There are many different reckless driving laws:

§ 46.2-852. Reckless driving; general rule.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

§ 46.2-861. Driving too fast for highway and traffic conditions.

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

§ 46.2-862. Exceeding speed limit.

RECKLESS DRIVING BY SPEED IS THE MOST COMMON RECKLESS DRIVING CHARGE

By far, the greatest number of reckless driving charges are written for reckless driving by speed. As it is written, if you are driving 81 mph in a 70 mph zone then you are guilty of reckless driving by speed. This is a strict liability crime so you don’t have to be aware of how fast you are going.

WHAT LEGAL DEFENSES DO I HAVE FOR SPEEDING OR RECKLESS DRIVING?

There are a number of different legal defenses to speeding or reckless driving by speed.

Radar and Laser work very differently. Radar does not identify a specific vehicle. So if you were driving in a pack of vehicles the officer will need to prove that you were the one driving at the speed cited. I have won cases where the officer pulls over two vehicles at the same time, and he did not actually clock the second vehicle. The officer estimated the speed based on clocking the first vehicle. That is not enough. The officer has to clock your vehicle, and be able to prove he got the right vehicle.

2. The Officer is Not in Court

Every court is different in how they handle it when the officer does not come to court. I personally think the judge should dismiss cases where out of state clients come to court, or hire an attorney to go for them and the officer is not present. However, some courts will continue the case until the next court date.

3. The Officer Cannot Prove That you Were Speeding or Reckless Driving because the Calibration is Not in Order

Calibration defenses are very technical. There is a law that requires officer’s to have their radar/laser calibrated within 6 months of the offense date. If it is not calibrated then the judge should dismiss your case.

In addition, the calibration must be an ORIGINAL calibration report, or a TRUE COPY. This is a legal term of art and there are court cases that determine what counts as an original or true copy, and what does not.

FOR CALIBRATION DEFENSES YOU MUST KNOW THIS LAW

There are also important cases where the Virginia Court of Appeals has weighed in on what the officers need to testify to.

JUST BECAUSE YOU ARE CHARGED WITH SPEEDING OR RECKLESS DRIVING, DOES NOT MEAN YOU NEED TO BE CONVICTED

I have won cases based on each of the above defenses. I have also caught the officer unaware MULTIPLE, MULTIPLE times on the calibration issues. Most attorneys, even most traffic lawyers, have not done the legal research to truly know and understand how to present and try a case based on a defective calibration.

In my experience, even prosecutors and judges are not familiar with the law regarding calibrations. I had an officer tell the court that he had up to 12 months to have his radar calibrated. And the prosecutor told the judge he wasn’t familiar with the law and had to research the case.

My client won her case despite having a very bad driving record, but it was because we won on a legal issue.

CALL TODAY TO TALK TO A RECKLESS DRIVING AND SPEEDING SPECIALIST

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How to Get a Virginia Reckless Driving or Speeding Ticket Dismissed or Reduced

Mon, 22 Oct 2018 20:06:00 GMT

WHAT COURT IS YOUR RECKLESS DRIVING OR SPEEDING TICKET IN? What does this matter? Every case is unique and every court does things just a little bit different. It is important to analyze what type of case you have. I may represent someone in Dinwiddie, VA for reckless driving at 84 mph and in Hopewell,[...] The post How to Get a Virginia Reckless Driving or Speeding Ticket Dismissed or Reduced appeared first on Leavitt & Martin.

WHAT COURT IS YOUR RECKLESS DRIVING OR SPEEDING TICKET IN?

What does this matter? Every case is unique and every court does things just a little bit different. It is important to analyze what type of case you have. I may represent someone in Dinwiddie, VA for reckless driving at 84 mph and in Hopewell, VA they may only be charged with Speeding, not reckless driving.

In Virginia, the officer can write the ticket for EITHER reckless driving (more serious) or speeding. So you need to know where your case is.

In addition, you need to know if the prosecutor will get involved or not.

How Fast Did They Say You Were Speeding or Driving Recklessly?

Many people call me and swear they were driving 78 mph and were ticketed for reckless driving, 82 mph. If the person has a great driving record, then the best way to proceed might actually be to not contest guilt or innocence and try to get it reduced to a non moving violation that has no points, or get it dismissed with driving school.

Does it make sense for someone who admits they were speeding at 78 mph to drive to court from out of state and plead NOT GUILTY in this scenario? No, it doesn’t. If I have a case where my client admits to speeding, but they were driving slow enough to where the judge will reduce or dismiss (eg give a BETTER result) then why would you plead not guilty and try the case?

I see people come to court and do this, and I have seen judges reduce to the speed they admitted they were going. So they came to court, they put on a full trial, and the judge found them guilty of speeding. That is a bad result. If you can plead NO CONTEST, and the judge will dismiss the case with driving school or reduce it to something that has no points then that is what you should do since you are getting a better result and quite frankly taking up much less time in court.

Is There a Legal Defense to Speeding?

If you are in the situation where you speed is so high or your driving record is bad enough to where the judge won’t help you, then you are going to need to locate a legal defense. Legal defenses exist where the Commonwealth cannot prove their case beyond a reasonable doubt. I represented someone who had so many prior speeding tickets the judge was not going to help. So I found a legal defense with the calibration:

Legal defenses can exist where the police officer does not show up, or they show up unprepared (don’t have a copy of the ticket, don’t have up to date or proper calibrations). So there are legal defenses.

Every case is unique and past results do not guarantee or predict the future. Call today to discuss your speeding ticket or reckless driving charge with an experienced traffic attorney. 8048734004

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How to Get a High Speed Reckless Driving Speeding Case Reduced or Dismissed

Mon, 22 Oct 2018 16:19:00 GMT

STEP ONE: FIND OUT WHAT YOU ARE CHARGED WITH What Law Section you are Charged with Determines the Potential Punishment If you have a high speed reckless driving or speeding ticket in Virginia then you may be facing serious consequences. The first thing you need to check is to see if you are charged with[...] The post How to Get a High Speed Reckless Driving Speeding Case Reduced or Dismissed appeared first on Leavitt & Martin.

STEP ONE: FIND OUT WHAT YOU ARE CHARGED WITH

What Law Section you are Charged with Determines the Potential Punishment

If you have a high speed reckless driving or speeding ticket in Virginia then you may be facing serious consequences. The first thing you need to check is to see if you are charged with reckless driving by speed, or speeding. You can check this by looking for the LAW SECTION on your ticket. The law section will tell you what you are charged with.

In Virginia, reckless driving by speed is charged under law section 46.2-862. Speeding is commonly charged under law section 46.2-870. There is more than one speeding section, but there is only one reckless driving by speed law section. You can look up and read your law section online here:

RECKLESS DRIVING BY SPEED LAW SECTION 46.2-862

What is the Difference Between Reckless Driving by Speed and Speeding?

RECKLESS DRIVING BY SPEED

It is a big difference. Reckless driving by speed is a class 1 criminal misdemeanor and it leaves you with a permanent criminal record if you are convicted. The potential range of punishment in Virginia for a class 1 misdemeanor is:

Class 1 Misdemeanor Range of Punishment

SPEEDING

Speeding is a traffic infraction and not a misdemeanor. Therefore, it does not leave you with a criminal record if you are convicted, unlike reckless driving by speed. A Virginia judge cannot suspend your license for speeding, however your DMV can in some cases.

Speeding is punished as follows:

POTENTIAL CONSEQUENCES IN ADDITION TO JAIL, FINE, COSTS, and LICENSE SUSPENSION

WHY DID THEY CHARGE ME WITH RECKLESS DRIVING? I WAS NOT DRIVING RECKLESSLY

In Virginia, reckless driving by speed is defined as driving EITHER 20 or more mph over the limit regardless of the speed zone OR ANYTHING OVER 80 MPH. The officer has discretion as to whether or not the charge is written as reckless driving but if you are driving over 80 mph or 20 or more mph over the limit they ALMOST ALWAYS write it for reckless driving.

So check the law section on your ticket as that determines what you are charged with and what potential consequences you face. Reckless driving is a STRICT LIABILITY crime, which means that you do not have to KNOW you are violating it. As long as you were actually driving over 80 or 20 or more over the limit then you are technically guilty of the crime.

JUST BECAUSE YOU ARE CHARGED WITH RECKLESS DRIVING OR SPEEDING, DOES NOT MEAN YOU HAVE TO GET CONVICTED

Here is a case we did where the client was driving 108 MPH. Not only did our client avoid jail and a license suspension, but his charge was actually reduced:

Call today to speak with reckless driving and speeding ticket lawyers who are in traffic court pretty much every single day and who can advise you on what to expect in your case.

STEP 2: KNOW THE JUDGE AND KNOW THE COURT WHERE YOU ARE CHARGED

A high quality traffic defense lawyer will be familiar with the jurisdiction where you got your ticket. Every jurisdiction in Virginia is different. Sometimes the prosecutor gets involved and sometimes they don’t. If they do get involved, sometimes it is helpful and sometimes it is not. Here is another case we did recently where the judge reduced a 96 mph in a 55 in Brunswick, VA traffic court:

Where you got the ticket will usually determine what, if anything, can be done with your case. I represented 3 high speed charges within one year, all of them were OVER 120 MPH and NONE of my clients spent even a day in jail.

SOME SPEEDS ARE SO HIGH THAT AVOIDING JAIL IS A HUGE WIN

You can reach a point where avoiding jail time is a huge win in and of itself. Honestly, any case 40 or more over the speed limit, or over 100 mph it is a very good result to avoid jail time.

Prince George General District Court: Reckless driving by speed, 120 MPH in 70 :

The prosecutor gets involved and asks for jail time at 120 mph. I was able to convince the prosecutor to try my client in her absence. So my client did not have to come to court, and there was no jail time.

Dinwiddie, Virginia General District Court: Reckless driving by speed, 127 MPH in 70 :

The prosecutor got involved on this case as well. I was again able to convince the prosecutor to agree to a result that carried NO JAIL TIME. At 127 mph that is HIGHLY unusual. In Virginia, once you reach 100 mph most jurisdictions give jail time. And I have seen the judge in Dinwiddie give 10 days in jail at 92 mph. So this was a fantastic result.

In addition, the driving record was terrible. My client had FIVE tickets for moving violations (4 were speeding/reckless driving) within the last three years. However, I was able to position the case to avoid jail.

Brunswick, VA Reckless Driving, 121 MPH in 70 :

This case was the most challenging because the judge gives jail 100 percent of the time once you get to 100 mph, and the prosecutors ask for more jail than the judge normally gives. However, in this case I scoured the officer’s calibration report and I LOCATED A LEGAL DEFENSE THAT EVEN THE PROSECUTOR MISSED.

HERE IS THE VIRGINIA LAW THAT GOVERNS THE ADMISSIBILITY OF RADAR, LASER, ETC.

As you can see from this law, calibrations of radar, laser or other speed measuring devices are only valid for SIX MONTHS. When I reviewed the officer’s calibration, IT WAS NOT WITHIN 6 MONTHS.

This defense was not obvious. The prosecutor mistakenly believed it was within 6 months. Most attorneys would have missed this. However, this legal defense let my client avoid probably 5-15 days in jail.

THREE DIFFERENT CASES, ALL OVER 120 MPH and NOBODY WENT TO JAIL

These are three highly unusual results. See Washington Nationals former player Jason Werth who went to jail for driving 105 mph.

NATIONALS’ PLAYER GOES TO JAIL FOR 105 MPH

It is important at these speeds to try to exploit every possible avenue to avoid jail. Call today for a free consultation about your reckless driving charge.

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GREENSVILLE/EMPORIA RECKLESS DRIVING BY SPEED 102 MPH QUALITY REPRESENTATION

Mon, 22 Oct 2018 14:49:00 GMT

TWO EMPORIA/GREENSVILLE RECKLESS DRIVING CASES, TWO DIFFERENT LAWYERS AND TWO VERY DIFFERENT RESULTS Leavitt & Martin represented a client charged in traffic court in Greensville/Emporia who was charged with driving 102 mph in a 70 zone. In any court in Virginia this is a serious charge that carries the possibility of jail time and a[...] The post GREENSVILLE/EMPORIA RECKLESS DRIVING BY SPEED 102 MPH QUALITY REPRESENTATION appeared first on Leavitt & Martin.

TWO EMPORIA/GREENSVILLE RECKLESS DRIVING CASES, TWO DIFFERENT LAWYERS AND TWO VERY DIFFERENT RESULTS

Leavitt & Martin represented a client charged in traffic court in Greensville/Emporia who was charged with driving 102 mph in a 70 zone. In any court in Virginia this is a serious charge that carries the possibility of jail time and a license suspension and a high fine.

In court today, the prosecutor (as expected) would not agree to reduce the charge. So we came up with a plan that may very well result in a reduced charge, as it has in the past. Here is a copy of the case information:

Speeding Ticket, Reckless Driving by Speed Emporia Greensville 102 Likely to be Reduced

While I cannot guarantee this case will be reduced, every case I have had in the past 8 years HAS been reduced. So that is my expectation. See the result though, there is a fine of $400 and there is NO LICENSE SUSPENSION and NO JAIL TIME. If my client does what he needs to, I expect the court will reduce the charge to a traffic infraction in Emporia Greensville traffic court that is not reckless driving and not a criminal misdemeanor.

DIFFERENT LAWYER, MUCH DIFFERENT RESULT FOR 102 MPH in GREENSVILLE EMPORIA TRAFFIC COURT

Note that every case is unique and past results do not guarantee or predict the future. I have blocked out this attorney’s name, but this is someone known for charging low fees. In my opinion, this person saved a little on the front end for the attorney fee but they greatly overpaid on the back end in the form of a conviction, a license suspension, and a MUCH MUCH MUCH HIGHER FINE.

As you can see, whereas our client got not jail sentence, no license suspension, a fine of $400 this “low price” attorney got a conviction for misdemeanor reckless driving, a fine of $1000, a license suspension of 90 days, and a 30 day suspended jail sentence which means they are on unsupervised probation for 3 years.

CHEAPER REPRESENTATION OFTEN MEANS LOW QUALITY REPRESENTATION IN MY OPINION

I see cases like this every day where people hire someone who does not do things the right way and it often has tangible results. And those results are not good. Call today to see what we might be able to accomplish in your case.

Leavitt & Martin reckless driving lawyers

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HOPEWELL, VA DWI 2nd WITHIN 5 YEARS REDUCED, NO LICENSE SUSPENSION NO VASAP

Wed, 17 Oct 2018 23:30:00 GMT

Disclaimer: Every case is different and past results do not guarantee or predict future results. Hopewell, VA DWI 2nd Offense within 5 years Reduced Every once in a while you get a result that is eye popping, and quite frankly probably should not have happened. This is one of those cases. I represented a client[...] The post HOPEWELL, VA DWI 2nd WITHIN 5 YEARS REDUCED, NO LICENSE SUSPENSION NO VASAP appeared first on Leavitt & Martin.

Disclaimer: Every case is different and past results do not guarantee or predict future results.

Hopewell, VA DWI 2nd Offense within 5 years Reduced

Every once in a while you get a result that is eye popping, and quite frankly probably should not have happened. This is one of those cases. I represented a client charged with DWI 2nd within 5 years which carries a mandatory jail sentence if you are convicted and the license suspension is mandatory and lengthy. To make matters worse, the prior conviction was not anywhere near five years ago it was a year and a month prior. So my client had just finished his license suspension for the first DWI about a month before getting the DWI 2nd within 5 years.

Unfortunately for my client, there was no legal defense. As you will see, I took an approach where I proactively got my client to get some treatment for his alcohol issues. We continued the case a number of times. In my discussions with the prosecutor we never had an agreement as to what the final result would be.

You will see the final result is that I convinced the prosecutor to amend the charge to a reckless driving charge with no license suspension and no VASAP. There was no ignition interlock either. The agreement I got was so good I was not sure the judge would accept it but he did.

MY RESULT

Now I am going to post a screenshot of the first offense that my client had been convicted of just 13 months prior. To be clear, I DID NOT REPRESENT HIM AT THE FIRST TRIAL. You will see that while the charge of DWI 1st is nowhere near as severe as a 2nd DWI within 5 years, the outcome was far worse.

Sometimes it is possible to get excellent results in cases where the charge is severe and the facts are not favorable. I have blurred out the name of the attorney who represented him at the first trial. Far too often I think court appointed attorneys rush through DWI cases and plead guilty and take the consequences.

DIFFERENT LAWYER, DIFFERENT RESULT (and an easier case)

As you can see, my client on the DWI 2nd offense within 5 years got a much more favorable result than his first conviction. Call today for a free consultation on your DWI case in Hopewell, VA or other location.

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Powhatan, VA DUI DWI Cases REDUCED to Reckless Driving

Wed, 17 Oct 2018 22:47:00 GMT

Disclaimer: Every case is different and past results do not guarantee or predict future results. TWO POWHATAN, VA DUI/DWI CASES REDUCED DUI cases are challenging because they bring a lot of public attention. There are many people and groups who track DUI/DWI charges and in my experience they tend to be more political. No one[...] The post Powhatan, VA DUI DWI Cases REDUCED to Reckless Driving appeared first on Leavitt & Martin.

Disclaimer: Every case is different and past results do not guarantee or predict future results.

TWO POWHATAN, VA DUI/DWI CASES REDUCED

DUI cases are challenging because they bring a lot of public attention. There are many people and groups who track DUI/DWI charges and in my experience they tend to be more political. No one wants to come across as being soft on driving under the influence. That said, with LOWER blood alcohol cases many prosecutors are willing to work with you.

On the cases I recently had, NEITHER case was a lower BAC case. Each one was WELL ABOVE where any prosecutor would consider reducing the charge. And so many times these cases would wind up as convictions for DUI.

LEAVITT & MARTIN DUI LAWYERS FIND LEGAL DEFENSE ON BOTH CASES

The importance of having skilled trial lawyers for DUI cases cannot be overstated. There are any number of possible defenses that can come up. In cases like this, it was imperative to find a legal defense. The prosecutor outright told me he would not amend to reckless driving at these BAC levels.

So I did my criminal discovery, and in that process I found a potential legal defense in each case. At that point, I was able to use the legal defenses as a bargaining chip to get each case to reckless driving which was very important to each of my clients for a number of reasons.

There are many issues a prosecutor might have when trying these cases. It is very important to do a thorough review and exploit any potential issues to your benefit.

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BRUNSWICK VA RECKLESS DRIVING LAWYER GETS 96 MPH in 55 REDUCED

Wed, 17 Oct 2018 21:59:00 GMT

Disclaimer: Every case is different and past results do not guarantee or predict future results. Brunswick, Virginia Attorney Gets 96 mph REDUCED I am going to highlight two cases. Case number one Leavitt & Martin represented a client charged with reckless driving by speed, 96 mph in a 55 mph zone. To make matters worse,[...] The post BRUNSWICK VA RECKLESS DRIVING LAWYER GETS 96 MPH in 55 REDUCED appeared first on Leavitt & Martin.

Disclaimer: Every case is different and past results do not guarantee or predict future results.

Brunswick, Virginia Attorney Gets 96 mph REDUCED

I am going to highlight two cases. Case number one Leavitt & Martin represented a client charged with reckless driving by speed, 96 mph in a 55 mph zone. To make matters worse, he did not have a license either so he was not even supposed to be driving at the time.

Case number two was with a different lawyer on the same day and with the same exact judge. I am not going to name the other attorney and I have blurred out the name.

We try to put a lot of time and effort into each case and we personally handle each case at Leavitt & Martin. We find that by doing so we can consistently achieve the best results possible for each case. In this case, the normal result is a conviction for reckless driving, jail time (1-10 days in jail), and a license suspension.

Case 1: Brunswick Reckless Driving 96 mph REDUCED to Improper Driving, No Misdemeanor

As you can see, the court date was October 11. Our client’s reckless driving charge was reduced to improper driving which is just a fine and does not carry a license suspension.

Case 2: DIFFERENT LAWYER But Same Day, Convicted of Reckless Driving at 76 mph in 55

Call us today to see what you can do about trying to get your case reduced or dismissed for Brunswick, VA traffic court. 8048734004 See what difference a personalized approach might make in your case.

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DINWIDDIE RECKLESS DRIVING LAWYER GETS 93 MPH IN 70 DISMISSED

Wed, 17 Oct 2018 21:40:00 GMT

Disclaimer: Every case is unique and past results do not guarantee or predict future results. DINWIDDIE VA RECKLESS DRIVING LAWYER 93 in 70 DISMISSED Recently I went to court for a client charged with driving 93 mph. The judge was definitely not easy. I have seen this judge give up to 10 days in jail[...] The post DINWIDDIE RECKLESS DRIVING LAWYER GETS 93 MPH IN 70 DISMISSED appeared first on Leavitt & Martin.

Disclaimer: Every case is unique and past results do not guarantee or predict future results.

DINWIDDIE VA RECKLESS DRIVING LAWYER 93 in 70 DISMISSED

Recently I went to court for a client charged with driving 93 mph. The judge was definitely not easy. I have seen this judge give up to 10 days in jail before for driving at lower speeds. Because reckless driving by speed is a criminal misdemeanor, it will leave you with a criminal record if you are convicted. In addition, at higher speeds (over 90 mph) the judge often considers jail time and a license suspension.

My client hired me with the goal to get the best outcome possible. On high speed cases it is often difficult to see where the case will end up. We were able to present the case in such a way that the charge got completely dismissed with NO FINE. My client will not have a criminal misdemeanor record, he won’t have any points on his license, and he did not have to pay a fine.

Call today for a free consultation: 8048734004

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Amelia Reckless Driving Dismissed

Wed, 17 Oct 2018 21:28:00 GMT

Reckless driving is classified as a criminal misdemeanor that carries up to 12 months in jail, up to a $2500 fine, and up to a 6 month license suspension. There are many different reckless driving laws in Virginia but they all carry this potential punishment, at a minimum. Some of them are more severe. In[...] The post Amelia Reckless Driving Dismissed appeared first on Leavitt & Martin.

Reckless driving is classified as a criminal misdemeanor that carries up to 12 months in jail, up to a $2500 fine, and up to a 6 month license suspension. There are many different reckless driving laws in Virginia but they all carry this potential punishment, at a minimum. Some of them are more severe. In addition, if you are convicted of a misdemeanor, you have a permanent criminal record that never goes away and can never be expunged.

Virginia code 46.2-856 defines reckless driving if you pass two vehicles “ABREAST” of each other. My client was charged with passing two vehicles. However, the vehicles were not side by side, they were one in front of the other. This is clearly not “ABREAST” which means side by side. Many officers mistakenly believe that you cannot pass two vehicles in a row. However, as long as you don’t speed or commit a lane violation or other infraction then it is perfectly fine as long as the vehicles are not SIDE BY SIDE.

For this case we had to educate the officer and through our discussions with the prosecutor he agreed with our legal analysis and we were able to get the charge dismissed. Every case is unique and past results do not guarantee future results.

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AMELIA VA RECKLESS DRIVING PASSING TWO ABREAST § 46.2-856

Tue, 16 Oct 2018 16:04:00 GMT

Virginia Code § 46.2-856 defines Reckless Driving Passing Two Abreast. See the language of the code § 46.2-856. Passing two vehicles abreast. A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes[...] The post AMELIA VA RECKLESS DRIVING PASSING TWO ABREAST § 46.2-856 appeared first on Leavitt & Martin.

Virginia Code § 46.2-856 defines Reckless Driving Passing Two Abreast. See the language of the code

§ 46.2-856. Passing two vehicles abreast.

WHERE PROBLEMS ARISE

Many police officers mistake ABREAST, which means side by side, with one in front of the other. There is no Virginia law saying you cannot pass two vehicles at the same time. So if you are behind two slow moving vehicles, it MAY very well be legal to pass both of them at the same time. I say MAY because I can think of circumstances where it could be considered reckless driving to pass two vehicles at once. If you don’t have enough room to pass, or you don’t have the visibility to see that far ahead. However, it would not be penalized under this code section for passing two abreast.

If you speed to pass two vehicles or commit a lane violation then that would be against the law. But there is nothing inherently against the law in Virginia if you pass two vehicles at the same time that are positioned single file, one in front of the other.

IT IS FAIRLY COMMON FOR OFFICERS TO MISTAKENLY CITE PEOPLE FOR RECKLESS DRIVING, PASSING TWO ABREAST WHO ARE ACTUALLY NOT PASSING ABREAST

As noted, this code section only criminalizes passing two vehicles that are SIDE BY SIDE. The plain meaning of abreast is shoulder to shoulder. See the following analysis by the Virginia Office of the Attorney General. This is not BINDING, but it is certainly a persuasive authority:

ATTORNEY GENERAL OPINION ON PASSING TWO ABREAST

The attorney general agrees with the plain meaning of abreast, that you have to pass two vehicles traveling side by side or shoulder to shoulder in order to violate this law. Today we represented a client improperly charged with reckless driving, passing two abreast and we got the charge dropped. Call today to speak with a traffic specialist who can properly advise you. Many attorneys, prosecutors, and officers do not realize that you are allowed to pass two vehicles in a row as long as they are not side by side and as long as you don’t violate the law in a different manner.

Every case is unique and past results do not guarantee or predict the future. Call today for a free consultation: 8048734004.

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11 mph over the Speed Limit Can Be a Criminal Misdemeanor in Virginia

Sat, 13 Oct 2018 01:23:00 GMT

Yes, you read that right. Virginia classifies reckless driving by speed to include driving 20 or more mph over the limit, OR anything OVER 80 mph. Therefore, if you are driving, like many people, in a 70 mph speed zone and you drive 81 mph you have violated this law. The range of punishment for[...] The post 11 mph over the Speed Limit Can Be a Criminal Misdemeanor in Virginia appeared first on Leavitt & Martin.

The range of punishment for reckless driving by speed in Virginia is up to 12 months in jail, a fine of up to $2500, and a license suspension up to 6 months. Fortunately for every Virginia judge I have seen understands the difference between driving 81 mph and driving 100 mph. I have NEVER seen anyone get jail time for driving 81 mph.

That said, if you are convicted of reckless driving by speed, you will have a permanent criminal record. And it can never be expunged. So if you are charged with this in Virginia it is important to make sure that you don’t get convicted of a misdemeanor because of this offense.

WHAT CAN THIS BE REDUCED TO? CAN MY CHARGE BE REDUCED OR DISMISSED?

Often, these charges in Virginia DO get reduced or dismissed, especially at lower speeds like 81 mph. Call an experienced Virginia lawyer who can guide you through the process.

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Does Reckless Driving in Virginia Leave You with a Criminal Record?

Sat, 13 Oct 2018 00:52:00 GMT

The motor vehicle code in Virginia is found under 46.2 but the criminal code is under 18.2. However, the Virginia code reads that reckless driving shall be punishable as a class 1 misdemeanor. So does a conviction for Virginia reckless driving mean you have a criminal record? If you are convicted of reckless driving under[...] The post Does Reckless Driving in Virginia Leave You with a Criminal Record? appeared first on Leavitt & Martin.

If you are convicted of reckless driving under any of the reckless driving laws in Virginia then you will have a criminal record:

List of Virginia Reckless Driving Laws:

§ 46.2-852. Reckless driving; general rule.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

§ 46.2-854. Passing on or at the crest of a grade or on a curve.

§ 46.2-855. Driving with driver’s view obstructed or control impaired.

§ 46.2-856. Passing two vehicles abreast.

§ 46.2-857. Driving two abreast in a single lane.

§ 46.2-858. Passing at a railroad grade crossing.

§ 46.2-859. Passing a stopped school bus; prima facie evidence.

§ 46.2-860. Failing to give proper signals

§ 46.2-861. Driving too fast for highway and traffic conditions.

§ 46.2-862. Exceeding speed limit.

§ 46.2-863. Failure to yield right-of-way.

§ 46.2-864. Reckless driving on parking lots, etc.

§ 46.2-865. Racing; penalty.

§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.

§ 46.2-866. Racing; aiders or abettors.

§ 46.2-867. Racing; seizure of motor vehicle.

§ 46.2-868. Reckless driving; penalties.

Under Virginia law, you cannot expunge a criminal record for which you were found guilty of. This is important because of Virginia’s reckless driving by speed law which defines reckless driving by speed to be over 80 mph or 20 or more mph over the limit. So you can be charged with misdemeanor reckless driving by speed for driving 81 mph in a 70 mph zone. And if you are convicted you will have a permanent criminal record unless you appeal the case within ten days of the conviction date.

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University Underage Possession of Marijuana and Underage Possession of Alcohol Charges DISMISSED

Wed, 26 Sep 2018 01:41:00 GMT

We have represented many hundreds, if not thousands of college students over the years charged with offenses ranging from traffic violations to possession of marijuana, alcohol and assault and battery. As a college student preparing to enter the “real world” it is especially important to maintain a clean record. In this economy, employers are scrutinizing[...] The post University Underage Possession of Marijuana and Underage Possession of Alcohol Charges DISMISSED appeared first on Leavitt & Martin.

If you are charged with an offense like underage possession of alcohol, driving while intoxicated, possession of marijuana, or even public intoxication we may be able to help. These are all misdemeanor criminal offenses, and while you may not get jail time on a first offense you do not want a conviction to limit future employment opportunities.

At Leavitt & Martin, we have represented many college and university students over the years on traffic tickets up to serious felonies. Our success rate is close to 100 percent in getting these charges reduced or dismissed. Every case is unique and past results do not guarantee or predict future outcomes. Our approach is to put as much time and effort into each case as we can to get the best outcome possible.

As a result of our approach, we have had college students charged with felonious breaking and entering and grand larceny get their charges reduced, and have had many charges of underage possession of alcohol, public intoxication, and marijuana possession completely dismissed.

Don’t let one mistake potentially have long term consequences. Give us a call today for a free consultation. 804-873-4004.

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Recent Dinwiddie, Virginia Reckless Driving Cases Dismissed

Mon, 14 May 2018 18:36:00 GMT

*Note that every case is unique and past results do not guarantee or predict future results. Getting stopped for reckless driving or speeding is not going to be the highlight of your day. Once you get ticketed with reckless driving in Virginia you face the following possible consequences: license suspension permanent criminal record that never[...] The post Recent Dinwiddie, Virginia Reckless Driving Cases Dismissed appeared first on Leavitt & Martin.

*Note that every case is unique and past results do not guarantee or predict future results.

Getting stopped for reckless driving or speeding is not going to be the highlight of your day. Once you get ticketed with reckless driving in Virginia you face the following possible consequences:

If you approach your case in the right way, we might be able to get your reckless driving case reduced or even dismissed.

RECENT CASES IN DINWIDDIE VIRGINIA RECKLESS DRIVING AND SPEEDING COMPLETELY DISMISSED

Case 1: 86 mph in a 60 mph zone RESULT: CASE DISMISSED

Case 2: 87 mph in a 70 mph zone RESULT: CASE DISMISSED

Case 3: 83 mph in a 70 mph zone RESULT: CASE DISMISSED

Case 4: 85 mph in a 70 mph zone RESULT: CASE DISMISSED

Case 5: 82 mph in a 70 mph zone RESULT: CASE DISMISSED

Case 6: 80 mph in a 70 mph zone, speeding RESULT: CASE DISMISSED

This is just a small sampling of the cases we have done in Dinwiddie. Give us a call to talk about your case. We can get you started towards getting the best outcome possible once you retain us. Cases in Dinwiddie take time to prepare so the sooner you begin working on it the better the result might be.

We promise that if you call you will talk to either Daniel Leavitt or Corey Martin , partners with our firm and you will not talk to a low level assistant. You will speak with attorneys who have successfully handled thousands of reckless driving cases and we will give you a very good idea of what to expect in your case.

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Brunswick, Virginia Reckless Driving Lawyer Successful Representation

Fri, 11 May 2018 21:43:00 GMT

8 RECENT CASES OF RECKLESS DRIVING BY SPEED IN BRUNSWICK VIRGINIA REDUCED Disclaimer: Past results do not guarantee or predict future results and every case is unique. Brunswick VA Reckless Driving is a Class 1 Criminal Misdemeanor If you are convicted of reckless driving by speed, even for driving 81 mph in a 70 you[...] The post Brunswick, Virginia Reckless Driving Lawyer Successful Representation appeared first on Leavitt & Martin.

8 RECENT CASES OF RECKLESS DRIVING BY SPEED IN BRUNSWICK VIRGINIA REDUCED

Disclaimer: Past results do not guarantee or predict future results and every case is unique.

Brunswick VA Reckless Driving is a Class 1 Criminal Misdemeanor

If you are convicted of reckless driving by speed, even for driving 81 mph in a 70 you will automatically have a criminal record that never goes away and can never be expunged. It is permanent. That is usually the biggest impact for someone because it shows up on criminal background checks and it can impact insurance, employment, education, and immigration. In addition, some states will suspend your driver’s license because of this.

IF YOU HAVE A BRUNSWICK COUNTY RECKLESS DRIVING CHARGE WE CAN PROBABLY HELP

Here is a small sampling of very recent cases we successfully handled in Brunswick, Virginia for speeding and reckless driving:

CASE 1 : Speeding, 68 mph in a 55: This is a speeding ticket and not reckless driving. The issue here is points. This case was reduced to DEFECTIVE EQUIPMENT , which has no points.

CASE 2 : Reckless driving by speed, 92 mph in a 70: Reduced to the lowest moving violation you can get in Virginia, IMPROPER DRIVING .

CASE 3 : Brunswick, Virginia traffic ticket for reckless driving by speed, 85 mph in a 70: Reduced to DEFECTIVE EQUIPMENT , no points, and a fine of $165.

CASE 4 : Traffic ticket in Brunswick, reckless driving by speed, 84 mph in a 70: Reduced to DEFECTIVE EQUIPMENT , no points and a small fine.

CASE 5 : Reckless driving 77 mph in a 55 mph zone: Reduced to speeding, 64 mph in a 55 zone. Client received NO POINTS for this offense of 9 mph over and it is a traffic infraction not a criminal misdemeanor. His state does not assess points for 9 mph over the limit on out of state tickets.

CASE 6 : Reckless driving by speed, 90 mph in a 70: Reduced to IMPROPER DRIVING with just a fine. Cases at 88 mph and up are more serious and require more work usually to get it reduced.

CASE 7 : Reckless driving by speed, 81 mph in a 70: Reduced to DEFECTIVE EQUIPMENT with a small fine.

CASE 8 : Brunswick VA traffic ticket, reckless driving by speed, 82 mph in a 70: Reduced to DEFECTIVE EQUIPMENT, NO POINTS with a small fine.

BRUNSWICK VIRGINIA TRAFFIC TICKETS ARE USUALLY WORTH FIGHTING CALL FOR A FREE CONSULTATION 8048734004

Daniel Leavitt and Corey Martin are well versed in fighting Brunswick, VA speeding and reckless driving traffic tickets. We have both done thousands of cases personally in Brunswick traffic court over the years so we know what to expect. We have practiced in front of the regular judge thousands of times in multiple jurisdictions. We will provide you with a very good idea of what to expect if you retain us. Call us for a FREE CONSULTATION at 8048734004.

We personally speak to each client who calls us. We promise that you will get a free consultation from a law partner at Leavitt & Martin, Daniel Leavitt or Corey Martin . You will receive a free consultation from either Corey Martin or Daniel Leavitt . We are the actual lawyers who will be handling your case in court, and we believe it is important for you to speak to the attorneys who are going to be going to court for you.

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MECKLENBURG VA RECKLESS DRIVING LAWYER CASES REDUCED

Fri, 11 May 2018 16:40:00 GMT

Did you get charged with Reckless Driving in Mecklenburg, Virginia and you are looking for a Mecklenburg, VA reckless driving lawyer or Mecklenburg, Virginia Reckless Driving Attorney? Disclaimer: past results do not guarantee or predict future results and every case is unique MECKLENBURG RECKLESS DRIVING CASES REDUCED We represented clients charged with Reckless Driving in[...] The post MECKLENBURG VA RECKLESS DRIVING LAWYER CASES REDUCED appeared first on Leavitt & Martin.

Did you get charged with Reckless Driving in Mecklenburg, Virginia and you are looking for a Mecklenburg, VA reckless driving lawyer or Mecklenburg, Virginia Reckless Driving Attorney?

Disclaimer: past results do not guarantee or predict future results and every case is unique

MECKLENBURG RECKLESS DRIVING CASES REDUCED

We represented clients charged with Reckless Driving in Mecklenburg, Virginia 82 mph in a 70, 83 mph in a 70, 85 mph in a 70, 87 mph in a 70 and 90 mph in a 70 within the last two weeks. In each case we were able to get a plea agreement to reduce the charge so it is not reckless driving.

CASE 1: Mecklenburg Reckless Driving by Speed, 82 mph in a 70: This case was resolved via a plea agreement to defective equipment, which is a non moving violation that has no points.

CASE 2: Mecklenburg, Virginia Reckless Driving by Speed, 83 mph in a 70: This case was resolved via a plea agreement to defective equipment, which is a non moving violation that has no points.

CASE 3: Mecklenburg, Va Reckless Driving by Speed, 85 mph in a 70: This case was resolved via a plea agreement to defective equipment, which is a non moving violation that has no points.

CASE 4: Mecklenburg Reckless Driving by Speed, 87 mph in a 70: This case was resolved via a plea agreement to defective equipment, which is a non moving violation that has no points.

CASE 5: Mecklenburg Reckless Driving by Speed, 90 mph in a 70: This case was resolved via a plea agreement to be reduced to a simple traffic infraction that is not reckless and not a misdemeanor.

HOW DID WE GET THESE RESULTS?

Every case is unique. It is HIGHLY unusual to get a Mecklenburg reckless driving charge at 85 mph and above reduced to a non moving violation. Those are not typical results for that speed. We were able to negotiate an unusual result based on the facts of each particular case. We will always do our best to get the best outcome possible. Often that is a reduction out of reckless driving, but sometimes we do better depending on the facts of each case.

In most cases, if you are willing to put in some effort we can get a reduction out of reckless driving depending on the speed and driving record.

In each of the cases, except for the 90 mph case, the end result is going to be a reduction out of reckless driving.

INTERSTATE 85 SPEEDING OR RECKLESS DRIVING CHARGE MECKLENBURG VIRGINIA

If you want to speak directly with a Mecklenburg, VA reckless driving lawyer or a Mecklenburg speeding ticket attorney give us a call at 8048734004. We are happy to consult with you about the facts of your case and advise you about the best path forward.

We guarantee you will speak directly with either Daniel Leavitt or Corey Martin, partners in the firm and that we will handle the case for you in court if you retain us.

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Virginia Ticket but Connecticut License Suspended

Fri, 11 May 2018 16:18:00 GMT

CONNECTICUT SUSPENDED MY LICENSE BECAUSE OF A SPEEDING TICKET IN VIRGINIA Note that we are Virginia traffic attorneys dealing with out of state (and in state) clients who received Reckless Driving or Speeding Tickets in Virginia. If you are not visiting due to a Virginia traffic charge then we cannot help. Did you get a[...] The post Virginia Ticket but Connecticut License Suspended appeared first on Leavitt & Martin.

CONNECTICUT SUSPENDED MY LICENSE BECAUSE OF A SPEEDING TICKET IN VIRGINIA

Note that we are Virginia traffic attorneys dealing with out of state (and in state) clients who received Reckless Driving or Speeding Tickets in Virginia. If you are not visiting due to a Virginia traffic charge then we cannot help.

Did you get a ticket in Virginia and you paid the ticket and now Connecticut suspended your license?

You might be surprised to learn that you may have actually paid a RECKLESS DRIVING TICKET and NOT a speeding ticket. Many states’ dmv’s will automatically suspend your license upon any conviction for reckless driving. Connecticut will automatically suspend your driver’s license if you are found guilty of Reckless Driving by speed in Virginia. We represent many Connecticut clients who received reckless driving charges in Virginia and Connecticut sent them notice of a license suspension in the mail.

ARE YOU CHARGED WITH RECKLESS DRIVING BY SPEED OR JUST SIMPLE SPEEDING?

You need to look at the law section on your ticket as this determines if you are charged with reckless driving or speeding. Law section 46.2-862 is Reckless Driving and if you are licensed in Connecticut and are found guilty of this offense (even if you pay in advance and did not know it was reckless driving) then you will receive a notice of license suspension from Connecticut DMV.

If your law section says 46.2-870 then that is simple speeding. It is still possible that based on point accumulation or other Connecticut law that they might suspend your license but the reckless driving conviction in Virginia is an automatic suspension.

WHAT CAN I DO NOW?

If your court date has not passed then you have not been convicted yet. Your court date will be on your ticket. If your court date did pass, and you already got the letter from Connecticut DMV notifying you of the license suspension then you will be in one of the following three categories:

CATEGORY 1:

In Virginia you have an automatic right to appeal your case in Virginia within 10 days of the conviction date. Look at your ticket. If you are within 10 days of the conviction date (almost always the date on the ticket you were summoned to appear in court) then you can appeal your case. Time is of the essence. I have not seen anyone get the letter from Connecticut within the appeal period.

CATEGORY 2:

In Virginia you can file a MOTION TO REOPEN within 60 days of the conviction date. If you are within this 60 day window, and you might be, then you can file a motion to reopen. The judge does not have to grant the motion to reopen. The motion to reopen is at the discretion of the court. The judge can deny the motion for any reason. They are to be granted for GOOD CAUSE only. Usually when a license suspension is at stake the judges in my experience will grant the motion if you retain us but they do not have to.

CATEGORY 3:

You are beyond the 60 day motion to reopen period. Sometimes the Connecticut DMV will mail these letters out BEYOND 60 days after the conviction date. Some judges in Virginia are willing to grant a motion to reopen BEYOND 60 days and some will not. So you might still be able to get your case reopened in you are BEYOND 60 days, depending on what court you are in and who the judge is.

FEES FOR MOTIONS TO REOPEN

We intentionally try to limit these types of cases. The courts do not like these cases in my experience. Time is of the essence in many cases and they involve more time. In addition, having a judge grant a motion to reopen does not automatically erase what happened. I tell clients they are trying to “un-ring” a bell. So when we take cases like this, our fees are significantly higher than if we were retained BEFORE the court date.

I am happy to consult on these cases to advise if we might be able to help.

THE MOTION TO REOPEN WAS GRANTED AND THE CASE WAS REDUCED, HOW TO UN-RING THE BELL

When you are convicted of reckless driving in Virginia, the court will notify the Virginia dmv. They typically do this about 30 days after the court date but it could be sooner. The Virginia dmv will then make that information available and/or notify your home state of the conviction. Then your home state (assuming it is Connecticut) will mail you the notice of license suspension.

When you file a motion to reopen and the judge grants the motion and amends the charge to simple speeding, it does not automatically reverse what will happen. The court will again need to notify the Virginia dmv and they will need to notify your home state’s dmv. There are issues involved when you are talking about two government DMV’s and a court clerk’s office. We do not get involved with dealing with the clerk’s office or the dmv. Our representation is limited to filing the motion to reopen and going to court to try to get the charge fixed in court.

We will provide a copy of the court information that is online which shows the amended charge (assuming we are successful).

The post Virginia Ticket but Connecticut License Suspended appeared first on Leavitt & Martin .

Chesterfield Virginia Ticket Dismissed

Fri, 11 May 2018 15:50:00 GMT

CHESTERFIELD VA TICKET DISMISSED Do you have a Chesterfield VA Traffic Ticket? Did you get a Chesterfield reckless driving ticket or a Chesterfield, VA speeding ticket or other ticket? I have been practicing in Chesterfield General District Court for almost 8 years. My client was charged with a Chesterfield traffic matter that carries points. She[...] The post Chesterfield Virginia Ticket Dismissed appeared first on Leavitt & Martin.

CHESTERFIELD VA TICKET DISMISSED

Do you have a Chesterfield VA Traffic Ticket?

Did you get a Chesterfield reckless driving ticket or a Chesterfield, VA speeding ticket or other ticket? I have been practicing in Chesterfield General District Court for almost 8 years. My client was charged with a Chesterfield traffic matter that carries points. She did not want her insurance to go up so she retained us to represent her in court.

Case results depend on a number of factors unique to each case and past results do not guarantee or predict future results.

My client did not appear in court and we got the charge dismissed today. My client did not have to pay a fine and her case was not continued. It was dismissed and there will be no conviction on her driving record and she will not get any points. Her insurance will not go up due to this charge.

If you have a Chesterfield reckless driving, speeding ticket, or other moving violation in Chesterfield County VA give us a call for a free consultation. I will advise you about what I expect will happen and what we can do in court. I usually have a very good idea if we can help or not.

The post Chesterfield Virginia Ticket Dismissed appeared first on Leavitt & Martin .

Is Reckless Driving a Felony or a Misdemeanor in Virginia

Fri, 16 Mar 2018 14:10:00 GMT

Short Answer: Usually a Misdemeanor, but Sometimes a Felony Disclaimer: Every case is unique and case results depend on a number of factors unique to each case. Past results do not guarantee or predict future results. Is Reckless Driving a Misdemeanor in Virginia? Or, Is Reckless Driving in Virginia a Felony? Reckless Driving is Almost[...] The post Is Reckless Driving a Felony or a Misdemeanor in Virginia appeared first on Leavitt & Martin.

Short Answer: Usually a Misdemeanor, but Sometimes a Felony

Disclaimer: Every case is unique and case results depend on a number of factors unique to each case. Past results do not guarantee or predict future results.

Is Reckless Driving a Misdemeanor in Virginia? Or, Is Reckless Driving in Virginia a Felony?

Reckless Driving is Almost Always a Class 1 Criminal Misdemeanor

Virginia law punishes Reckless Driving as a class 1 misdemeanor offense. That means that if you are convicted, there are the following consequences:

That is a big range of punishment. In my experience, jail time and license suspensions are reserved for cases that are more serious due to either a bad driving history or high speed or other endangerment such as weaving and tailgating. However, if you are convicted of reckless driving you will have a permanent criminal record that never goes away and can never be expunged.

COMMON RECKLESS DRIVING CHARGES IN VIRGINIA

Is Reckless Driving in Virginia a Felony? Here is the most commonly written Virginia misdemeanor reckless driving charge:

Reckless Driving by Speed 46.2-862

Here is the link defining the most common reckless driving charge in Virginia, reckless driving by speed under Virginia Code 46.2-862:

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-862/

As you will note, anything EITHER 20 mph or more regardless of the speed (eg: 60 mph in 40 mph, 80mph in 60 mph) is reckless driving by speed OR anything over 80 mph is also reckless driving by speed (eg: 81 mph in a 70 mph; 83 mph in a 70 mph zone) in Virginia. Note that 80 mph in a 70 mph is NOT reckless driving by speed because it must be IN EXCESS (starting at 81 mph) of 80 mph.

So there are two ways to violate Virginia’s reckless driving by speed law. 81 mph or above, or anything 20 mph or more regardless of the speed zone. Note that 90 mph in a 70 and higher violates the law BOTH ways. But it carries the same potential range of punishment as 81 mph in a 70.

Reckless Driving General: Often accidents but really any driving that endangers life, limb or property

There are also many other Virginia Reckless Driving laws in addition to Reckless Driving by Speed. We commonly represent accident cases charged under the reckless driving general section 46.2-852:

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-852/

Most cases under 46.2-852 are accident cases but I have seen screeching tires (burnouts) charged here. I have seen weaving in and out of traffic charged here. I have also seen people charged under this who were driving 83 mph in a 60 mph zone where there was the odor of alcohol. There was not enough to charge the DUI. Interestingly it is much easier for the prosecutor to get a conviction under the reckless driving by speed (46.2-862) section because under that code section merely driving 20 mph or more, or in excess of 80 mph is always per se reckless driving.

Compare that to 46.2-852 and driving 20 mph or more ALONE would not be enough. The prosecutor proceeding under reckless driving general 46.2-852 has to prove endangerment to life, limb, or property.

Reckless Driving, Failure to Maintain Control

In addition to Reckless Driving General, there is Reckless Driving Failure to Maintain Control under 46.2-853:

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-853/

These are almost always accident cases charged as Virginia reckless driving. Accident cases often depend on the facts of each particular case. Was it a single vehicle accident (not as serious) or were multiple vehicles involved? (more serious) Was anyone injured? Was anyone transported to the hospital? How much property damage was involved? Were any drugs or alcohol involved? Does the person have insurance and has insurance paid for the damage yet?

Accident cases also depend on CAUSATION. What statements were made to the responding officer regarding how the accident happened? There are frequently few witnesses to an accident, so officers often rely on statements made by the defendant as to the cause of the accident.

Accident cases tend to be more serious than a run of the mill reckless driving by speed case, and they tend to be more fact intensive. And results vary more. A bad accident does not in any way, shape or form mean the prosecutor can actually prove reckless driving.

Virginia Reckless Driving Accident Cases Can Frequently be Dismissed or Reduced to Improper Driving

Either the judge, or the prosecutor can reduce the reckless driving charge to improper driving. An officer responding to an accident scene in Virginia does not have the discretion to charge this offense. However, if the officer charges reckless driving then EITHER the judge hearing the case or the prosecutor has the authority to reduce the reckless driving charge to a simple traffic infraction called improper driving.

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-869/

§ 46.2-869. Improper driving; penalty.

Other Reckless Driving

Other reckless driving laws include racing, aggressive driving, passing a stopped school bus, etc. They are charged but they are statistically less frequent. Virginia code 46.2-868 defines reckless driving as a misdemeanor in most cases, and a felony in the rare cases noted above:

https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-868/

Virginia code 18.11 defines the potential jail sentence for Class 1-4 misdemeanors:

https://vacode.org/2016/18.2/1/3/18.2-11/

How Long Does it Stay on My Record?

There is no such thing as one unified “record.” When you are convicted of the criminal misdemeanor, the conviction will go on your criminal record AND your driving record . Many states, including Virginia, will have time periods for how long a Virginia reckless driving offense will stay on the driving record. And then they will not appear. Or sometimes the points go away. In Virginia, the conviction for misdemeanor reckless driving stays on your driving record for 11 years.

However, the more important part of this is the criminal record . Once you are convicted of the misdemeanor, that never goes away . That means that if you apply for a job 10 years down the road this can show up on a criminal background check.

We take calls all the time from people who ask to expunge this charge, sometimes over TEN YEARS later because they are still negatively impacted by this conviction. Most times it is people calling who have been offered a job and then had a job offer held up or withdrawn due to this conviction. Often it is insurance related. I have spoken to many people whose insurance has DROPPED them from coverage, or had their rates DOUBLE and TRIPLE .

In addition, since this is a MISDEMEANOR, it can have immigration consequences as well. I frequently represent people who are here on a student visa, or have a green card, and are applying for full citizenship. The consequences of this are often far reaching and difficult to know. But it is VERY IMPORTANT to treat this seriously and try to get it reduced or dismissed.

When is Reckless Driving Actually a Felony?

Is Reckless Driving a Felony in Virginia?

As noted in my post, reckless driving in Virginia is almost always a class 1 misdemeanor. However, sometimes Virginia reckless driving is a felony. It is a felony in the following situations:

Virginia Code 46.2-868 B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

I have never seen this offense charged. It certainly could be charged, but as noted in the law it is a narrow set of circumstances that would result in a felony charge for reckless driving.

I Understand Now it Is Very Serious, What Can You Do to Help?

Sometimes the answer depends on the answer to the following questions:

Is my reckless driving in Virginia a misdemeanor? Is my reckless driving in Virginia a felony?

The vast majority of Virginia reckless driving tickets that are written are Virginia reckless driving by speed. And most of those are lower level charges where the most serious realistic impact would be the permanent criminal record. We do represent people who face the realistic possibility of jail and a license suspension, but statistically there are fewer of those cases written because by definition they are the outliers. Those are the truly high speed cases, or terrible driving records.

Statistically speaking, most reckless driving by speed cases in Virginia are in the 81-89 mph range in a 70 mph zone. These are cases that we can often get reduced depending on the facts of the case. Every jurisdiction is different and every judge is different in how they handle these cases. Sometimes we can get these cases reduced to a non moving violation that has no points, and sometimes we can get it reduced to a simple speeding ticket that is not reckless and not a misdemeanor. Sometimes we can get the case completely dismissed.

In the last two weeks alone we handled nearly three dozen cases. These reckless driving cases ranged from speeds as high as 90-96 mph to reckless driving by speed, 81 mph in a 70 mph zone. Every case was reduced or dismissed!

case dismissed

In the last two weeks I had cases that I had to litigate via a trial. In one case I found a legal defense on the ticket and tried the case and WON a complete dismissal. In another case I found a different error that resulted in a fantastic result. In other cases we were able to get dismissed with driving school. In yet other jurisdictions we were able to have charges reduced to either non moving violations that have no points or reduced to a minor traffic infraction that is not a misdemeanor and not reckless, again, often avoiding points.

Call Us for a Free Consultation 8048734004

We have the experience necessary to discuss your case and we know what to expect in each particular case. Every jurisdiction is different in how they treat these types of cases. In many locations you might face the realistic possibility of jail at 90 mph, where under the same facts I can frequently get the charge reduced in your absence .

We know the court policies on when clients need to appear in court, and when they do not. We know when it is helpful to appear even if you are not required to. And we know when it is best NOT to appear.

The post Is Reckless Driving a Felony or a Misdemeanor in Virginia appeared first on Leavitt & Martin .

Emporia Va Speeding Ticket Lawyer Cases Reduced No Points

Thu, 15 Mar 2018 21:58:00 GMT

Emporia Virginia Speeding Ticket Disclaimer: Every case is unique and hinges on a number of factors unique to each case. Case results vary and past results do not guarantee or predict future results. Recently we had two very different cases of Emporia, VA speeding tickets that we represented in court. They were very different because[...] The post Emporia Va Speeding Ticket Lawyer Cases Reduced No Points appeared first on Leavitt & Martin.

Emporia Virginia Speeding Ticket

Disclaimer: Every case is unique and hinges on a number of factors unique to each case. Case results vary and past results do not guarantee or predict future results.

Recently we had two very different cases of Emporia, VA speeding tickets that we represented in court. They were very different because one was an Emporia, Virginia Work Zone Speeding Ticket and the other was a regular speeding ticket.

Work zones are inherently more challenging because you are speeding where workers are present. Many judges do not like that. I watched the judge in Emporia, VA traffic court (the person had an attorney who in my opinion provided terrible service) convict several clients of speeding and it resulted in a license suspension because the person had a North Carolina driver’s license.

So Emporia, Virginia speeding tickets can be classified as either work zone tickets or regular speeding tickets. And Emporia, VA traffic tickets in a work zone are more serious.

BOTH OF OUR EMPORIA VA SPEEDING TICKETS REDUCED TO NON MOVING VIOLATIONS

Both of our cases presented challenges. The work zone in Emporia is always problematic due to workers present. In addition, one of the driving records had 4 prior tickets in the last five years which is a very bad record. Finally, one of the speeds was not a low level speed.

We know the judges who regularly sit in Emporia and Greensville traffic court for speeding and reckless driving tickets. We know how to present cases in the best light possible to get the best outcome possible in each case.

In this instance, were were able to reduce the Emporia speeding tickets to a non moving violation that has no points. That means that my clients did not get any points and their insurance was not impacted. Both of my clients were very pleased!

EMPORIA VIRGINIA TRAFFIC TICKET LAWYER

The difference we can make is sometimes big. I was in court yesterday and I watched a lawyer botch one of these cases because of his inexperience in my opinion. At Leavitt & Martin, we have an office right across from the courthouse. I have served on the 6th Judicial District Bench-Bar committee (includes Greensville and Emporia) and I know all of the judges very well and what they do.

We can frequently use this knowledge to get the best outcome possible for any given case. And we are equipped to fight cases when necessary. I had a Greensville Virginia reckless driving charge dismissed this week in Emporia, Virginia traffic court based on a technical legal defense.

When you combine our knowledge of the local courts in Greensville and Emporia Virginia with our legal skill and knowledge we frequently obtain results that leave our clients satisfied. Read our reviews and call us for a free consultation at 8048734004.

https://www.google.com/search?q=leavitt+and+martin+review&oq=leavitt&aqs=chrome.0.69i59l2j69i60l3j69i57.2494j0j4&sourceid=chrome&ie=UTF-8#lrd=0x89b1074d100d06b3:0x2b1b1ae522ff561b,1,,,

The post Emporia Va Speeding Ticket Lawyer Cases Reduced No Points appeared first on Leavitt & Martin .

Dinwiddie, Virginia Reckless Driving Dismissed With Bad Record

Thu, 15 Mar 2018 21:36:00 GMT

SOMETIMES BY BEING PROACTIVE YOU CAN GET A BETTER RESULT Disclaimer: Every case is unique and hinges on factors unique to each case. Past results do not guarantee or predict future results. Dinwiddie, Virginia reckless driving client charged with reckless driving by speed, 84/70 Driving record reflected recent tickets One of the prior convictions was[...] The post Dinwiddie, Virginia Reckless Driving Dismissed With Bad Record appeared first on Leavitt & Martin.

SOMETIMES BY BEING PROACTIVE YOU CAN GET A BETTER RESULT

Disclaimer: Every case is unique and hinges on factors unique to each case. Past results do not guarantee or predict future results.

THIS CASE COULD HAVE GONE EITHER WAY

I have seen cases like this with other lawyers and the judge convicts the person of reckless driving. Judges care about prior tickets on a person’s record, and they care even more when there is a prior high speed (20 mph or up) conviction. In addition, most judges will count recent tickets against someone more than a ticket that has some age on it.

In this case, the client had two recent moving violations. One of the recent tickets was a high speed conviction. I knew this was a borderline case and that just to get it out of reckless would require some work.

You Can Often Get a Better Result by Being Proactive

I watch a lot of lawyers walk up to the judge with a bad driving record and just ask for a break. Often, the judge does not help and just convicts their client. What sort of a message are you sending the court when you have a bad record and you have done NOTHING before court? You only get one chance to make a good first impression. This holds true in traffic court frequently.

When I have a bad case, due to high speed or a bad driving record, I want to position the case in the best light possible BEFORE I walk into court. In a case like this, it made all the difference.

I made several recommendations to my client before court. My client listened to my advise. When I walked into court I was FULLY PREPARED. When I spoke to the judge, I presented my client in such a way that the judge was impressed.

Hard Work and Being Proactive Set My Client Apart From Everyone Else in Court

Judges all too often are faced with unrealistic, unappreciative people who don’t do what they are supposed to. Judges FREQUENTLY show grace and offer reductions to people if they jump through some hoops and yet they get people who do not follow instructions.

When you are proactive, you have done everything in advance. It can make a big difference in how the court views the client.

CASE DISMISSED!

By thoroughly reviewing the driving record and understanding how the judge would view the case we were able to craft an approach to the case that put my client in the best position possible BEFORE court.

With a case like this, there would be close to a zero percent chance of getting a dismissal by just walking into court and requesting a dismissal. However, by handling the case in this manner it made the judge’s job easy.

The result was a complete dismissal and my client was very pleased with the outcome.

THE DIFFERENCE OF THE LEAVITT & MARTIN APPROACH

The key to getting a great result is to know the law and to know your judges. We approach each case in such a way that we are fully prepared before the court hearing . We have handled thousands of reckless driving by speed cases over the years successfully. This might take the form of a complete dismissal, or a reduction out of reckless driving.

We know the law and we will fight the appropriate cases. We personally handle our cases in court and you will talk to either Mr. Leavitt or Mr. Martin directly about your case. We will not pass off the phone to a legal secretary, paralegal, or associate attorney. We believe it is important for us to know the details of the case. If you speak to a legal assistant/secretary/paralegal who jots down information, then passes it along to an associate attorney who takes notes and discusses the case. Then you call back and you may talk to a different lawyer at the firm. Or worse, the attorney you spoke with then hands the case off to a different lawyer, there are just too many links in that chain of communication.

At Leavitt & Martin you will only speak with Mr. Leavitt or Mr. Martin. You will have a senior law partner handling your case in court, and not a new associate who is not familiar with the specific details of your case. Give us a call for a free consultation to discuss your case in Dinwiddie, VA traffic court: 8048734004

The post Dinwiddie, Virginia Reckless Driving Dismissed With Bad Record appeared first on Leavitt & Martin .

Hopewell Virginia Reckless Driving 10 Cases Reduced

Wed, 14 Mar 2018 22:56:00 GMT

Hopewell, Virginia Reckless Driving by Speed and Speeding What is the Difference Between Reckless Driving by Speed and Speeding? Virginia law classifies reckless driving by speed as a criminal misdemeanor. It in theory carries up to one year in jail, a license suspension up to six months, and a fine up to $2500. Virginia law[...] The post Hopewell Virginia Reckless Driving 10 Cases Reduced appeared first on Leavitt & Martin.

Hopewell, Virginia Reckless Driving by Speed and Speeding

What is the Difference Between Reckless Driving by Speed and Speeding?

Virginia law classifies reckless driving by speed as a criminal misdemeanor. It in theory carries up to one year in jail, a license suspension up to six months, and a fine up to $2500. Virginia law classifies Speeding as a traffic infraction that is not a misdemeanor. There is no license suspension the court can impose directly (DMV can always suspend based on an accumulation of points, etc) and there is no jail time for simple Speeding.

The way to determine if you have been charged with Reckless Driving by Speed is to look at the “Law Section” on your summons/ticket. The Law Section for Reckless Driving by Speed is 46.2-862. If you see that, then you are charged with a criminal offense and not a traffic infraction

10 Hopewell Virginia Reckless Driving by Speed and Speeding Charges Reduced

Disclaimer: Every case is unique and results are based on factors unique to each case. Past results do not guarantee or predict future results.

Just Because You are Charged with Hopewell Va Reckless Driving by Speed Does Not Mean You Will Be Convicted of That Offense

We have over 17 years of combined legal experience. I opened my first law office in the City of Hopewell and I served as the President of the Hopewell Bar Association for over two years. I also served on the 6th Judicial District Bench-Bar committee. I am very familiar with the judges and the prosecutors in Hopewell General District Court and I know how to evaluate all types of cases in Hopewell.

We recently had ten cases in Hopewell, VA traffic court for Hopewell, Virginia Reckless Driving by Speed and Speeding that we had reduced. The speeds ranged from 81 mph in a 70 all the way to 95 mph. In general, cases get more complicated the faster you are going and Hopewell is no different in that regard. However, we were able to prepare each case in a way that the charge got reduced.

WHAT MAKES LEAVITT & MARTIN DIFFERENT

We get this question all the time. If you spend five minutes on the phone with us you should be able to get a picture that we know what we are talking about. We usually know what to expect in each case. If we don’t know, it is because the case is a borderline case. Examples of this might be high speed cases over 100 mph. Or it could mean the driving record is so bad that the outcome of the case might depend on what the client is willing to do before court, and what kind of mood the judge is in.

Every jurisdiction does traffic court different. Sometimes the prosecutors get involved and sometimes they don’t. Sometimes judges use driving school, or calibrations, or are swayed by different facts and sometimes they don’t care about any of that. We have specialized knowledge in each traffic court that we practice in.

In Hopewell, Virginia the prosecutors do not get involved in general district court traffic matters unless it is a drug case, or a high speed case involving jail time. We know the best path forward on each case and how to position cases favorably before the court to get the best outcome possible.

We personally handle each case so you are getting a senior partner with specialized knowledge to handle your Hopewell, VA reckless driving or speeding charge.

CALL US TO DISCUSS YOUR HOPEWELL, VA RECKLESS DRIVING OR SPEEDING CHARGE

We will provide an initial consultation for free for anyone looking to retain a Hopewell, Virginia Reckless Driving Lawyer or Hopewell Speeding Ticket Lawyer. 804873400

Either Mr. Leavitt or Mr. Martin will speak to you directly about the case and give you a good idea about what to expect.

The post Hopewell Virginia Reckless Driving 10 Cases Reduced appeared first on Leavitt & Martin .

Sussex Virginia Reckless Driving Lawyer Gets Cases Reduced

Wed, 14 Mar 2018 15:58:00 GMT

SUSSEX VIRGINIA RECKLESS DRIVING IS A MISDEMEANOR If you received a Sussex, Virginia Reckless Driving summons you are charged with a criminal misdemeanor. People have described this as a speeding ticket on steroids. A conviction gives you a criminal record. The consequences of that can be far reaching and long lasting because in Virginia you[...] The post Sussex Virginia Reckless Driving Lawyer Gets Cases Reduced appeared first on Leavitt & Martin.

SUSSEX VIRGINIA RECKLESS DRIVING IS A MISDEMEANOR

If you received a Sussex, Virginia Reckless Driving summons you are charged with a criminal misdemeanor . People have described this as a speeding ticket on steroids. A conviction gives you a criminal record. The consequences of that can be far reaching and long lasting because in Virginia you cannot expunge a charge you are found guilty of for Sussex, Virginia reckless driving by speed.

The point here is, treat this seriously and do everything you can to get the charge reduced. We can frequently get these charges reduced, and our clients usually do not need to even appear in court.

Disclaimer: Every case is unique and the outcome depends on factors unique to each case. Past results do not guarantee or predict future results.

DO YOU HAVE A SUSSEX VIRGINIA RECKLESS DRIVING CHARGE?

What Can We Do to Help?

Sussex General District Court holds traffic court pretty much every Tuesday and Thursday, depending on which law enforcement agency issued the ticket. The Tuesday docket in Sussex, Virginia for reckless driving tends to be bigger than the Thursday docket as a general rule. There are usually two different judges sitting in Sussex traffic court and they each do things a little different.

I have been practicing regularly in Sussex Virginia for reckless driving by speed and speeding tickets for almost eight years. I have had thousands of cases of speeding and reckless driving in Sussex, Virginia and other jurisdictions and so I know what to expect.

I can advise you about what to expect in your case. Give us a call at 8048734004 to discuss your case.

15 Recent Sussex Virginia Reckless Driving and Sussex VA Speeding Charges Reduced

Recently we had over 15 cases for Sussex reckless driving and speeding charges and every charge was reduced. The speeds in mph were 88, 87, 87, 93, 81, 93, 84, 86, 81, 83, 86, 84, 87, 92, 92, and 95. As you can imagine, the higher the speed the more difficult the case.

However, if you approach the case in the right way you can often figure out a way to get the charge reduced so it is not a criminal misdemeanor and you can sometimes even avoid points.

THE LEAVITT & MARTIN DIFFERENCE

How do we often get charges reduced that other firms cannot? We approach each case differently than most firms. We do not hire low level, newer attorneys to handle cases.

1. We Do Not Hire Low Level Associates to Handle Cases in Court

Many firms will have senior partners talk to clients but that is not who is actually going to court . In other words, the senior partner may answer the phone and talk to the potential client, but they then pass the case off to an associate attorney who just does not have the same level of expertise or experience.

We do not do that. When you call Leavitt & Martin, you will talk to either Daniel Leavitt or Corey Martin. With other firms you often do not know who you are actually hiring to go to court. The senior partner may have a lot of experience, but the associate does not have the same level of experience.

2. We Prepare Cases Fully BEFORE Going to Court

Most law firms will not do much work before the hearing, and this often negatively impacts the results. There are many cases where the result is variable. That means that you might have a set of facts where if you approach the case diligently, you can obtain a great result. Or, you can walk into court and just ask for a break and you will get a much different (and worse) result.

Experience matters. At Leavitt & Martin we know how to prepare cases for court to get the best result possible in each case. I watched an attorney today (associate attorney) go to court and he got terrible results. There was a substitute judge in court and the judge does things much differently.

I was able to handle my cases in such a way that I got excellent results and their client unfortunately wound up with a 30 day license suspension that in my opinion, was completely unnecessary and due to poor representation.

If this NEW ASSOCIATE had the experience, it is possible he would have approached his cases differently and obtained much better results.

3. We Specialize in Traffic Matters and We Have the Experience Necessary

When you hire Leavitt & Martin, you are getting experience. We have well over 15 years of experience combined doing traffic work and reckless driving cases. We have literally personally handled THOUSANDS of speeding and reckless driving charges over the years. We have handled serious cases involving death and high speeds (see three cases 120 mph NO JAIL). We have personally handled thousands of more routine reckless driving and speeding cases as well.

4. We Know the Judges and the Prosecutors

Every jurisdiction is different. Sometimes the prosecutors get involved, and sometimes they do not. Sometimes they offer better deals than the judge, and sometimes they don’t. It is important to know each judge very well and what they do.

Attorneys frequently ask us what a particular judge will do at different speeds because they know we specialize in traffic work and we have been doing this for a long time. We know when to try to get a plea agreement with a prosecutor, and when to go before the judge and try to get a better result.

I see attorneys all the time accept plea deals where the judge would have given a better result, and vice versa. We use our particular knowledge to get the best outcome for our clients.

Call us for a free consultation at 8048734004 to discuss your case with either Corey Martin or Daniel Leavitt.

The post Sussex Virginia Reckless Driving Lawyer Gets Cases Reduced appeared first on Leavitt & Martin .

Brunswick, VA Reckless Driving and Speeding Ticket Lawyer

Tue, 13 Mar 2018 21:56:00 GMT

BRUNSWICK, VIRGINIA RECKLESS DRIVING SPEEDING TICKET LAWYER Disclaimer: Every case is unique and hinges on a number of factors unique to each case. Past results do not guarantee or predict future results. DO YOU HAVE A BRUNSWICK, VA RECKLESS DRIVING OR SPEEDING TICKET? Reckless driving in Brunswick, VA is considered a class 1 criminal misdemeanor.[...] The post Brunswick, VA Reckless Driving and Speeding Ticket Lawyer appeared first on Leavitt & Martin.

BRUNSWICK, VIRGINIA RECKLESS DRIVING SPEEDING TICKET LAWYER

Disclaimer: Every case is unique and hinges on a number of factors unique to each case. Past results do not guarantee or predict future results.

DO YOU HAVE A BRUNSWICK, VA RECKLESS DRIVING OR SPEEDING TICKET?

Reckless driving in Brunswick, VA is considered a class 1 criminal misdemeanor. If convicted, it leaves you with a permanent criminal misdemeanor that never goes away and can never be expunged. In addition, some states have automatic license suspensions for any conviction of reckless driving. As if that is not enough, the misdemeanor can impact insurance significantly, employment prospects, and it can have immigration consequences. I take phone calls frequently from people who were convicted of reckless driving 1, 2, even 10 years after the fact who are still experiencing the negative impact. At that point there is usually nothing I can do to help.

IF YOU HAVE A BRUNSWICK VA RECKLESS DRIVING OR SPEEDING TICKET YOU WILL WANT TO GET IT REDUCED

I have used my expertise in the past to avoid some of the more severe consequences of reckless driving by speed in Brunswick and speeding. Recently we had 9 cases in Brunswick County, Virginia charged with reckless driving by speed in Brunswick, VA. All 9 cases were reduced. The speeds ranged from 81 mph in a 70 zone up to 95 mph in a 70.

Each of these cases was different but they all got reduced.

EXPERIENCED BRUNSWICK VIRGINIA TRAFFIC TICKET LAWYER AND RECKLESS DRIVING LAWYER

I have almost 8 years of specialized traffic experience. I usually know with a high degree of confidence what I can accomplish on each particular case. Often we can get reckless driving charges reduced or dismissed depending on the facts of the case. If the charge gets reduced then it is not a criminal misdemeanor and that can often avoid points as well.

Call us for a free consultation. I will talk with you about your case and advise you on what I expect will happen in your case.

THE LEAVITT & MARTIN DIFFERENCE

At Leavitt & Martin you get a law partner personally handling your case . Many firms will let you talk to an associate attorney, or worse, a paralegal or secretary. There can be several issues with this. One is that paralegals and secretaries cannot offer legal advice. Another issue is that most low level associate attorneys are newer (less than 5 years experience) attorneys who just don’t have the experience necessary.

We personally handle our Brunswick, Virginia reckless driving and speeding charges so that you get a partner at the firm personally dealing with you and handling your case in court. Our results and testimonials speak for themselves. We have never had a client leave a bad review, it has never happened. We try to be honest and upfront about each case so that you have a realistic expectation about what is going to happen with your case.

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Call us for a free initial consultation at 8048734004 to discuss your case personally!

The post Brunswick, VA Reckless Driving and Speeding Ticket Lawyer appeared first on Leavitt & Martin .

Dinwiddie Virginia Speeding and Reckless Driving Lawyer

Tue, 13 Mar 2018 21:15:00 GMT

Dinwiddie, VA Reckless Driving Lawyer and Speeding Lawyer Do you have a Dinwiddie, Virginia speeding or reckless driving charge? Last week in Dinwiddie Virginia traffic court I had five cases. Four of the five cases were dismissed and one case was reduced. Dinwiddie, Virginia Speeding Ticket and Reckless Driving Cases Dismissed Disclaimer: Every case is[...] The post Dinwiddie Virginia Speeding and Reckless Driving Lawyer appeared first on Leavitt & Martin.

Dinwiddie, VA Reckless Driving Lawyer and Speeding Lawyer

Do you have a Dinwiddie, Virginia speeding or reckless driving charge? Last week in Dinwiddie Virginia traffic court I had five cases. Four of the five cases were dismissed and one case was reduced.

Dinwiddie, Virginia Speeding Ticket and Reckless Driving Cases Dismissed

Disclaimer: Every case is unique and hinges on a number of factors unique to each case. Past results cannot guarantee or predict future results.

Case number 1: Reckless driving by speed, Dinwiddie VA 81/60 DISMISSED

This Dinwiddie traffic matter was difficult. My client had three tickets (2 for speeding) plus another ticket on his driving record and they all happened within the last few years. In Dinwiddie, VA traffic court this frequently results in a conviction. However, I used my knowledge as an experienced Dinwiddie Virginia reckless driving lawyer and the judge dismissed my client’s case. I made recommendations that my client followed and the result was a dismissal.

Case number 2: Dinwiddie VA speeding ticket 76/60 DISMISSED

Dinwiddie, Virginia speeding tickets can sometimes get dismissed with driving school. In this case, the judge continued the case to be dismissed if my client completes a specific driving school.

Case number 3: Dinwiddie, Virginia reckless driving 81/70 DISMISSED

My client listened to my advice and when I walked into court the judge agreed to dismiss the reckless driving charge in Dinwiddie, Virginia for driving 81 mph in a 70. In Dinwiddie, every case is truly unique. I watch some attorneys handle cases in a way that results in a reduction. In Dinwiddie traffic court, there are often ways to position the case where the speeding or reckless driving charge gets dismissed instead of reduced. My client was willing to listen to my advice and her reckless driving charge in Dinwiddie General District Court was dismissed.

Case number 4: Dinwiddie, Virginia reckless driving by speed Completely Dismissed

Once again, after reviewing my clients’ driving history I made recommendations that I felt would put my client in the best position possible for the court hearing. My client listened to me and on his court date the judge in Dinwidde traffic court dismissed his misdemeanor reckless driving charge in Dinwiddie.

Case number 5: Dinwiddie, Virginia reckless driving by speed, 87/70 reduced with NO POINTS

The judge in Dinwiddie traffic court reduced my client’s reckless driving charge. My client was concerned with the possible criminal misdemeanor, and also wanted to avoid points. It can be difficult to avoid points at 87 mph. However, I convinced the Dinwiddie, Virginia judge to reduce the charge in such a way that the Dinwiddie reckless driving charge did not result in any points going on my client’s driving record.

IF YOU HAVE A DINWIDDIE RECKLESS DRIVING OR SPEEDING TICKET, CALL AN EXPERIENCED DINWIDDIE, VIRGINIA TRAFFIC LAWYER

I specialize in traffic law, reckless driving and speeding charges. I have been a Dinwiddie, Virginia reckless driving lawyer and Dinwiddie, VA speeding ticket lawyer for almost eight years. I have successfully handled thousands of these cases personally. Over those years of cases I have identified ways to get the best result possible in each particular case.

My goal is to position each case so that I can get the best outcome possible in each case. That might look different based on the facts involved. Over the years I have handled cases ranging from reckless driving where my client’s driving resulted in the death of someone to less complicated reckless driving and speeding tickets. The case involving death was in Dinwiddie, Virginia and the goal there was to avoid jail and avoid a license suspension and I was successful. On other cases, the goal is to get the charge dismissed.

At this point in my career, I have been before pretty much every judge and substitute judge in the area and I know what to expect in most cases based on the facts of the case. Feel free to contact me to get a free initial consultation on your Dinwiddie, VA reckless driving ticket, speeding ticket or Dinwiddie Traffic Ticket.

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Reckless Definition: Reckless Driving in Virginia

Wed, 07 Mar 2018 23:11:00 GMT

Virginia Reckless Definition What is the reckless definition for Virginia reckless driving? So you have been charged with what you think is a speeding ticket in Virginia, but the ticket says reckless driving. What does that mean? The Reckless definition in Virginia usually means reckless driving by speed. There are many reckless driving laws in[...] The post Reckless Definition: Reckless Driving in Virginia appeared first on Leavitt & Martin.

Virginia Reckless Definition

What is the reckless definition for Virginia reckless driving? So you have been charged with what you think is a speeding ticket in Virginia, but the ticket says reckless driving. What does that mean? The Reckless definition according to Virginia Reckless Driving Law usually means reckless driving by speed. There are many reckless driving laws in Virginia but the most commonly cited is reckless driving by speed. Virginia law section 46.2-862 defines reckless driving by speed. You can break the law in one of two ways, or both: 1. driving 20 or more mph over the speed limit, regardless of the speed zone, or 2. driving in excess of 80 mph.

RECKLESS DRIVING BY SPEED LAW

Reckless definition: 60 mph in a 40 mph is reckless driving by speed, but 59 mph in a 40 mph zone is not

Reckless definition

The way that Virginia law codifies reckless definition, it is reckless driving by speed for driving 60 mph in a 40 but not 59 mph in a 40. The reason for this is that Virginia law says that 20 mph or more over the speed limit IS reckless driving but 59 mph in a 40 is only 19 mph over the limit.

There is a way under the definition of reckless driving in Virginia where 19 mph over the limit is reckless driving, but it has to be IN EXCESS OF 80. Therefore, anything over 80 mph is ALSO reckless driving. So there are two ways to violate the law, (1) drive 20 mph or more over the limit or (2) drive OVER 80 mph.

Under the Virginia reckless definition those are the two ways to violate the law for reckless driving by speed. At Leavitt & Martin , we help clients avoid the severe consequences of Virginia’s reckless definition.

Reckless definition: 81 mph in 70 mph zone IS reckless driving by speed, but 80 mph in a 70 mph zone is NOT reckless driving by speed

Reckless definition

As noted above, the reckless definition states that anything OVER 80 mph is reckless driving by speed. What this means is that if you are charged with driving 81 mph you are technically guilty of a criminal misdemeanor, IF you are found guilty. For that reason, it is often worthwhile to go ahead and try to get the charge reduced or dismissed. No one wants the severe consequences of reckless driving for simply driving 11 mph over the speed limit.

Reckless definition: 90 mph in a 70 mph zone is reckless driving because it is both 20 or more over the limit AND it is over 80 mph

If you drive BOTH 20 mph or more over the limit AND over 80 mph you are still only guilty of one offense for reckless driving in Virginia. So now you understand the reckless definition for reckless driving by speed in Virginia. What are the potential consequences for reckless driving by speed? How is this going to impact me?

Reckless definition for Reckless Driving by Speed, Potential Consequences

Reckless driving is a class 1 criminal misdemeanor. That means that if you are convicted of it, you will have a permanent criminal record that never goes away and can never be expunged. This is different and entirely separate from your driving record and your driving history. Aside from the criminal record, reckless driving by speed carries a fine of up to $2500, a jail sentence of up to one year, and a license suspension of up to 6 months.

DO NOT PANIC, WE CAN OFTEN HELP

Even though the reckless definition in Virginia is clear, judges are often willing to help. Most people charged with reckless driving by speed were driving 81-89 mph in a 70 zone. These cases are much different than cases at 90 mph and up. I can usually get the charge reduced and sometimes dismissed. And depending on the facts I can often avoid points. The cases get more serious the faster you were going.

RECENT CASE RESULTS HERE

I take many phone calls from people who have been convicted of this charge anywhere from 1-10 years prior and experience a consequence from the conviction. Usually it is employment related (job offer rescinded or loss of employment) but sometimes it is insurance related. People have told me their insurance dropped them from coverage, or that their rates doubled or even tripled.

If it is possible, I would highly recommend that anyone get this charge reduced or dismissed if possible. Most of my clients who retain me get their charges reduced. The difficult cases are very high speeds and/or bad driving records. But even those cases can often work out well depending on the facts of the case and where the charge is.

What Can I Do About My Charge? Can you help me get the charge reduced or dismissed even though the reckless definition is technically met?

We provide free consultations to anyone charged with reckless driving by speed in Virginia. Once I know how fast the ticket was written for, where the charge is, and what your driving record looks like then I have a very good idea of what we might be able to do.

I can frequently get these charges dismissed or reduced, depending on the facts of the case. Call us at 804-873-4004 to discuss your case.

Disclaimer: Every case is unique and each case result depends on a number of factors unique to each case. Past results cannot guarantee or predict future results.

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At Leavitt & Martin you will always discuss your case with a law partner. We focus on quality representation and results and do not hire assistants to handle cases in court. Give us a call to discuss your case.

The post Reckless Definition: Reckless Driving in Virginia appeared first on Leavitt & Martin .

Virginia Reckless Drivin g Law

You can read the Virginia Reckless Driving Laws on the Virginia Legislative Information System section on traffic regulation .

§ 46.2-852. Reckless driving; general rule.

Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.

SUSSEX VIRGINIA 100 MPH SUSSEX CASE REDUCED

Wed, 07 Mar 2018 19:01:00 GMT

HIGH SPEED SUSSEX CASE REDUCED 100 MPH in 70 Every case is truly unique. In Virginia jail time is common once you reach 100 mph. In addition, the judges frequently will suspend your privilege to drive. However, sometimes judges can be convinced to reduce these types of cases. SUSSEX CASE REDUCED! In this case my[...] The post SUSSEX VIRGINIA 100 MPH SUSSEX CASE REDUCED appeared first on Leavitt & Martin.

HIGH SPEED SUSSEX CASE REDUCED 100 MPH in 70

Every case is truly unique. In Virginia jail time is common once you reach 100 mph. In addition, the judges frequently will suspend your privilege to drive. However, sometimes judges can be convinced to reduce these types of cases. SUSSEX CASE REDUCED!

In this case my client was very proactive in working on his case. I made recommendations to improve the posture of the case. If you walk into court at 90 mph and up it usually does not look good if you do nothing before the court date. It sends the wrong message to the court. My recommendations resulted in SUSSEX CASE REDUCED 100 MPH in 70!

HIGH SPEED CASE REDUCED

Sussex, Virginia reckless driving cases are serious cases. Even a conviction for reckless driving can have severe consequences because it is a criminal misdemeanor. As a Sussex, Virginia reckless driving attorney I frequently take phone calls from people who did not understand the consequences of this charge. In many cases, they simply paid the ticket and thought that was the end of if. I have had dozens of people call after the fact, years after, who get dropped from insurance coverage, had their rates double and triple, lost jobs and job offers. And I have had people involved in the immigration process as well.

RECKLESS DRIVING IS A PERMANENT CRIMINAL MISDEMEANOR IF YOU ARE CONVICTED

In this case, my client did not want a conviction for reckless driving and he was willing to put the work in to avoid a conviction. 100 MPH is a serious case. Many judges will not only convict, but they will impose jail time at 100 mph. Ultimately, my client’s Sussex reckless driving charge was reduced to the lowest moving violation you can get in Virginia. And the reduced charge did not even show up on his New York driving record!

SUSSEX CASE REDUCED 100 in 70

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AVOID JAIL OVER 120 MPH RECKLESS DRIVING IN VIRGINIA NO JAIL

Wed, 07 Mar 2018 18:17:00 GMT

THREE CASES IN THREE JURISDICTIONS 120 MPH OR GREATER NO JAIL Driving 120 MPH or Greater Usually Results in Jail Time in Virginia Disclaimer: Every case is unique and each case result depends on a number of factors unique to each case. Past results cannot guarantee or predict future results. In fact, each one of[...] The post AVOID JAIL OVER 120 MPH RECKLESS DRIVING IN VIRGINIA NO JAIL appeared first on Leavitt & Martin.

THREE CASES IN THREE JURISDICTIONS 120 MPH OR GREATER NO JAIL

Driving 120 MPH or Greater Usually Results in Jail Time in Virginia

Disclaimer: Every case is unique and each case result depends on a number of factors unique to each case. Past results cannot guarantee or predict future results. In fact, each one of these results are HIGHLY unusual given the results.

Consider the case of Washington Nationals’ outfielder Jason Werth, who served five days in jail for driving 105 mph in Virginia.

https://www.washingtonpost.com/local/crime/nationals-jason-werth-pleads-guilty-to-reckless-driving-gets-5-days-in-jail/2015/01/29/0049a229-6b9c-443e-92da-9257579b60e3_story.html?utm_term=.1de1a1407046

Virginia treats reckless driving seriously, and active jail time is common over 100 mph. Some jurisdictions impose jail starting at 90 mph. Sometimes it is possible to get no jail for driving as high as 120 mph.

THREE CASES AT 120 MPH or GREATER, NO JAIL

PRINCE GEORGE, VIRGINIA NO JAIL 120 MPH

My client in Prince George was charged with driving 120 mph. The judge sitting in court that day gives jail starting at 90-95 mph depending on the facts of the case. The prosecutor did get involved in the case. After much communication, I convinced the prosecutor to agree to try my client in her absence so she would not need to appear in court. If I did not have that agreement in place, the judge would normally issue a warrant for failing to appear in court. The judge accepted that agreement and convicted my client in her absence, but she did not serve any jail sentence which was the goal.

DINWIDDIE, VIRGINIA NO JAIL 127 MPH

This case featured a client who had an absolutely atrocious driving record, with multiple prior reckless driving convictions. I knew the prosecutor at the time who was handling the case and I was able to present some very good evidence to help minimize what they did. My client did appear in court, which is customary at that speed. I was able to work out a plea agreement with the prosecutor whereby my client agreed to plead guilty to reckless driving, b ut he did not serve any jail time . The judge accepted the plea agreement and my client did not go to jail.

BRUNSWICK, VIRGINIA NO JAIL 121 MPH

In some ways this case had the best facts. My client was a student with a perfect driving record. However, the prosecutor would only offer to let my client plead guilty and get a 15 day jail sentence. My client, and his family, were not going to accept that plea offer. The judge who was sitting in court would have absolutely given active jail time, probably in the range of 10-30 days.

The key to this case was diligence. I scrutinized the officer’s calibration report. I noticed that the calibration report was dated exactly six months prior to the offense date. That would make the calibration valid. However, although the report was dated on a valid date, the body of the report indicated that the report was generated six months prior, but the actual calibration test was done MORE THAN six months before the offense date, which means the calibration was NOT VALID!

I went back to the prosecutor and asked him if he noticed the calibration. He said it was done exactly six months prior. I pointed out that the actual test was done more than six months out and so the calibration was not valid. The officer turned out to be pretty worked up by this turn of events. However, it did not matter and once again my client was able to avoid jail.

EVERY CASE TRULY IS UNIQUE AND HINGES ON A NUMBER OF FACTORS UNIQUE TO EACH CASE

Past results do not guarantee or predict future results and these three cases prove that. Each case was completely unique and I was able to leverage something from every case to avoid jail. That is HIGHLY unusual and I am the only attorney I know of who has been fortunate enough to have three clients driving 120 MPH or greater all avoid jail. These types of cases are very serious and each case involved a lot of time and effort to achieve the results. However, with the right set of facts it is possible to get unusual results sometimes!

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Greensville/Emporia Reckless Driving Case Dismissed

Tue, 06 Mar 2018 20:48:00 GMT

Greensville, Virginia Reckless Driving Case Dismissed Recently I represented a client charged with reckless driving by speed. I reviewed the ticket and noticed the officer wrote the wrong offense date. Not every error on a ticket is considered a DISMISSABLE ERROR. Officers make mistakes all the time, but they rarely result in a dismissal. I[...] The post Greensville/Emporia Reckless Driving Case Dismissed appeared first on Leavitt & Martin.

Greensville, Virginia Reckless Driving Case Dismissed

Recently I represented a client charged with reckless driving by speed. I reviewed the ticket and noticed the officer wrote the wrong offense date. Not every error on a ticket is considered a DISMISSABLE ERROR. Officers make mistakes all the time, but they rarely result in a dismissal.

I interviewed the officer before court to see if he had caught his mistake and he didn’t. So I entered a plea of NOT GUILTY and I WON THE CASE.

Disclaimer: Every case is unique and each case result depends on a number of factors unique to each case. Past results cannot guarantee or predict future results.

How the Trial Process Worked

In Greensville, Virginia traffic court you can enter a plea of GUILTY, NOT GUILTY, or NO CONTEST. I entered a plea of NOT GUILTY. This means that the officer had to testify and we had a full trial.

At the end of the trial, I made a MOTION TO DISMISS and the judge AGREED WITH ME and he DISMISSED the reckless driving charge. My client did not have to pay a fine or court costs.

Legal Defenses Exist

It is important to review each case for potential legal defenses. Not many attorneys would have caught this error, and realized that it could result in a dismissal. In fact, the judge at first did not agree with me. I had to point out a flaw in the judge’s reasoning.

The judge did agree with me and the case was completely dismissed. Nothing will show up on my client’s driving record or criminal record and my client had zero consequences for this.

Case dismissed!

There Were Many Cases in Court That Day, and This is the ONLY Case That was Dismissed

There are many law firms who just take your money and try to get a minimal reduction without actually reviewing your case. Even worse, many of these firms hire NEW LAWYERS who are the ones that go to court for you. In my experience, they often don’t know what they are doing.

Call today to speak directly with Mr. Martin or Mr. Leavitt. We have been practicing a combined 16+ years and we can properly analyze your case AND review your case for any legal defenses that may exist.

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How to Beat a Possession Charge in Virginia and How Many Years in Jail for Drug Possession?

Fri, 29 Sep 2017 09:00:00 GMT

If you want to learn how to beat a possession charge in Virginia then read down. It is possible to win these cases, depending on the facts of the case. See the following Chesterfield marijuana case that was completely dismissed with no fine or court costs. This case proceeded on a NOT GUILTY plea. It was NOT a plea agreement. We found a legal defense and won our case at trial because the Commonwealth could not prove their case.

How to beat a possession charge in Virginia is complicated. The drug laws in the Commonwealth of Virginia are very strict. How many years in jail for drug possession? Even a simple possession charge can land you in jail for quite a while. Especially if it is a second or subsequent conviction. Here are the penalties you may face with a drug possession charge in Virginia .

Virginia drug possession is classified by what types of drugs you possess. First I will discuss how to beat a possession charge. Then I will get into some of the penalties that possession of marijuana and felony possession and answer the question of how many years in jail for drug possession.

How to Beat a Possession Charge in Virginia: Marijuana Possession Penalties

How to beat a possession charge in Virginia

Possession charges vary somewhat depending on WHAT you are possessing. But the legal defenses are similar. There are several ways to beat a possession charge in Virginia :

2nd Possession Charge in Virginia

First offense charges are different than 2nd offense possession marijuana charges in Va. While a 1st offense marijuana charge is considered an unclassified misdemeanor and carries a maximum of 30 days in jail, a 2nd offense possession charge in Virginia for marijuana is a full class 1 misdemeanor . This means that the range of punishment is the same as assault and battery , trespassing, reckless driving , DUI , and other class 1 misdemeanors. It carries up to a year in jail.

In addition, there is a mandatory license suspension for 2nd possession charges in Virginia. Also, offenders are not eligible for first offense programs. However, some prosecutors will help even on a 2nd offense marijuana charge. And of course, there may be a legal defense to the 2nd offense possession charge.

How to Beat a Possession Charge in Virginia: Virginia first offender possession of marijuana

First-time offenders caught with less than half an ounce of marijuana face a maximum sentence of 30 days in jail and a $500 fine. If it is your second or later conviction, you face up to 12 months in jail. You also face fines of $2,500 for less.

Possessing more than a half ounce may lead to a more serious charge. Police may charge you with Possession with Intent to Distribute (PWID). This charge carries a mandatory minimum of one year in jail.

Virginia has a first offender program for first offense possession of marijuana. This may solve the problem of how to beat a possession charge in Virginia. However, under the Virginia first offender program, the judge must find that evidence is sufficient for a finding of guilt. This means they do not actually find you guilty, but it means you cannot expunge the charge later in life.

Under the Virginia first offender program for marijuana possession, your case gets dismissed after successfully completing the program. What does the program involve?

Most courts give you 6 months to a year to complete the first offender program. You must keep a clean record and stay out of trouble while the charge is pending. Upon successful completion your case is dismissed.

Pros: the case gets dismissed

Cons: you cannot expunge the record of the dismissal because evidence was sufficient to find you guilty, you cannot do the first offender program again in the future, you are on probation

How to Beat a Possession Charge in Virginia: Felony first offender and drug court

Felony first offender works similarly to the marijuana first offender. You are on probation, you have to jump through some hoops concerning community service and drug education classes. And you are on probation. If you are successful the case gets dismissed.

Drug court in Virginia is different. Not every location offers a drug court, but many do and they have different rules on who can do it and who cannot.

How to Beat a Possession Charge in Virginia: Agreement with the prosecutor to dismiss your possession case

Another way to solve the problem of how to beat a possession charge in Virginia revolves around a plea agreement with the prosecutor. Many jurisdictions now realize that the public tide is going towards accepting marijuana use and legalization of marijuana. I think Virginia is far from legalizing marijuana, but there is a clear public perception that we have been too harsh with this drug.

Many prosecutors are now offering plea agreements that are better than the first offender program for possession of marijuana in Virginia. This is often referred to as a “General Continuance.” Here is how it works:

Pros: the case gets dismissed, it is eligible for expungement, there is no fine or costs, you are not technically on probation

Cons: sometimes you have a shorter amount of time to do everything you need to do

Usually prosecutors do not offer this for felony drug possession charges. It is usually limited to marijuana charges.

How to Beat a Possession Charge in Virginia: Find a Legal Defense to Virginia Marijuana Possession and Felony Possession Charge

At Leavitt & Martin , we have found legal defenses to these charges frequently. I have won many marijuana and drug cases based on several Virginia and Federal legal issues that helped my client win their case. Legal defenses DO exist, if you use due diligence.

Marijuana Possession Legal Defenses and Felony Legal Defenses

In order to possess marijuana, you need to know what the drug is. In other words, the Commonwealth of Virginia needs to show that you knew the nature and characteristic of marijuana. In addition, someone must exercise dominion and control over the marijuana. If marijuana is found on your person, then possession is presumed.

However, if marijuana is NOT found on you, then you are in a CONSTRUCTIVE POSSESSION situation and the case is more difficult to prove.

How to Beat a Possession Charge in Virginia: Examples of Legal Defenses on Real Cases we Have Won in Court

How to beat a possession charge in Virginia

Constructive Possession in Virginia Marijuana Cases

Leavitt & Martin represented someone in court this week in Chesterfield, Virginia and the case was dismissed. Our client wen to a party. He had been there five minutes. There was marijuana in the open, and everywhere. Our client never admitted that any of the marijuana was his. The judge had to dismiss the case because the Commonwealth could not prove beyond a reasonable doubt that our client possessed the marijuana that was in the home, and it was a LOT of marijuana.

Leavitt & Martin represented a client in Hopewell, Virginia charged with Virginia possession of marijuana. Our client was driving friends home in his car. He got pulled over and the police found marijuana in the passenger side door. The judge dismissed the case because the Commonwealth could not prove beyond a reasonable doubt that our client possessed marijuana.

Mere proximity is never enough to prove constructive possession in a Virginia marijuana case.

Beat a Possession Charge in Virginia Based on Suppression Issue

Leavitt & Martin won a case where the police officer testified that our client drove through an apartment building parking lot so fast that his vehicle lifted into the air when he went over a speed bump. The officer testified that our client drove fast towards a group of kids playing basketball, and at the last second swerved into a parking spot. The officer then initiated a traffic stop. We made a motion to suppress during the trial, based on the argument that the police officer did not have reasonable suspicion to pull over my client because he was on PRIVATE PROPERTY.

What is interesting, is that the passenger in the vehicle went to court BEFORE us and he plead guilty. I told my client that we have a legal defense. So we tried the case and the judge agreed and he DISMISSED the case because the traffic stop occurred on private property. There is a specific reckless driving law that allows police officers to write reckless driving charges on private property but apartment buildings are not on the list.

How Many Years in Jail for Drug Possession? Penalties for Possession of Controlled Substance

Schedule I or II:

Schedule III: Schedule III drugs are prescription drugs with some potential for abuse. Examples include testosterone and prescription strength acetaminophen. Virginia considers these a Class 1 Misdemeanor, which can mean up to 12 months in jail and a $2,500 fine.

Schedule IV: Possession of schedule IV drugs like Ambien and Klonopin are Class 2 Misdemeanors. Jail time is unlikely, but you could serve up to 6 months and face fines up to $1,000.

Schedule V or VI: Schedule V and VI are drugs like codeine, Lyrica, and other prescription medications with a low risk for abuse. Virginia considers possession of these drugs a Class 3 or 4 Misdemeanors. Possession of a schedule V or VI drug carries no jail time, but you face a fine up to $500.

How Many Years in Jail for Drug Possession? Probation for First Time Offenders

A first offense for possession of marijuana or any controlled substance has the possibility of probation in lieu of jail time. The judge will assign terms and conditions to your probation sentence, including:

The judge may also set other conditions at his discretion. For example, they may require the defendant to maintain steady employment duration probation. If you violate the terms of your probation at any time, you may receive the maximum penalty for your original possession charge.

How Many Years in Jail for Drug Possession? How to Beat a Possession Charge in Virginia: Other Drug Related Charges

Depending on the circumstances surrounding your drug-related arrest, the officer may decide to tack on additional charges. Common charges include:

If the state charges you with any other drug-related crimes in addition to possession, the penalties will be more severe.

Virginia Drug Laws

Have you ever wondered where Virginia publishes their drug laws? In Virginia, the drug laws are mainly codified in the criminal code title 18.2. However, the exception to this is that paraphernalia is charged under title 54.1. PARAPHERNALIA LAW .

Marijuana is the most common Virginia drug law violated. It is gaining acceptance across the United States for recreational and medicinal use. But right now, it is illegal in Virginia to possess marijuana. The Virginia drug law for marijuana possession is HERE IN VA CODE 18.2-251.

Cocaine, Opium, and other Schedule I/II Drugs are defined as drugs that have a high potential for abuse. The Virginia drug laws regarding possession of Schedule I and II, and other controlled drugs HERE IN VA CODE 18.2-250 .

Virginia drug laws that define Schedule I and II and other controlled drugs are found HERE . While possession of marijuana is considered an unclassified misdemeanor for a first offense, it is a class 1 misdemeanor for a second offense or more. In addition, distribution of marijuana can be a felony or a misdemeanor under the Virginia drug laws.

For the vast majority of controlled substances, possession of a controlled substance is usually a Class 5 felony under Virginia drug laws. That means that the charge carries up to 10 years in jail for possessing a controlled substance (in most cases).

How to Beat a Possession Charge in Virginia: Get Legal Help Today.

Facing possession of marijuana or a controlled substance in Virginia? How Many Years in Jail for Drug Possession? You may be able to get your case dismissed. An experienced drug possession lawyer will know the relevant constitutional issues involved. It is important to reach out to an experienced criminal defense attorney as soon as possible. The skilled attorneys at Leavitt & Martin, PLLC will fight for the best possible outcome in your case. Contact us today at (804) 873-4004 .

The post How to Beat a Possession Charge in Virginia and How Many Years in Jail for Drug Possession? appeared first on Leavitt & Martin .

What Is the Average Semi-Truck Accident Settlement in Virginia?

Fri, 22 Sep 2017 09:08:00 GMT

Average Semi Truck Accident Settlement What is the average semi truck accident settlement? Injury and fatality accidents involving semi-trucks and other big rigs are unfortunately common. The United States sees about half a million accidents with 18-wheelers every year. If you are one of these thousands of people this year, you may have a valid[...] The post What Is the Average Semi-Truck Accident Settlement in Virginia? appeared first on Leavitt & Martin.

Average Semi Truck Accident Settlement

What is the average semi truck accident settlement? Injury and fatality accidents involving semi-trucks and other big rigs are unfortunately common . The United States sees about half a million accidents with 18-wheelers every year. If you are one of these thousands of people this year, you may have a valid claim for compensation. It’s normal to wonder your semi-truck accident claim might be worth. Contact a Virginia personal injury attorney as soon as possible after an accident. They will be able to help you gauge the situation.

What Is a Normal 18-Wheeler Accident Settlement in Virginia?

Semi truck accident settlements are usually higher because commercially licensed drivers have higher insurance requirements for commercial carries. Also, there are often many parties involved in commercial motor vehicle accidents liability claim. In addition, tractor trailers often cause more damage due to their size. For these reasons, semi truck accident settlements in Virginia are often higher.

Commercial drivers of semi trucks must hold a commercial driver’s license. This is known as a CDL. In order to obtain a CDL, drivers have to undergo a lot of training. They must know the Department of Transportation safety requirements, as well as the laws of each state they drive through. Commercial drivers have to train under someone with a full commercial license before they can drive alone. In addition to these minimum requirements, US tractor trailer drivers are often subject to additional requirements for the company they drive for.

The addition training that commercial drivers get means they are held to a higher standard than regular drivers. There are a maximum number of hours truck drivers are allowed to drive on any given day. If a trucker drivers more than those hours, and they end up hurting someone in a semi truck accident then criminal penalties can result. In addition to criminal penalties, the trucker would face personal liability if that was the reason for the semi truck accident.

The nature of a CDL means that commercial drivers must exercise more due care than a driver of a non commercial vehicle. Weather conditions often play a role in semi truck accidents, and CDL drivers must take care to drive appropriately for the weather conditions. Police will investigate serious truck accidents. Frequently, CDL drivers get charged when their is evidence that the driver did not follow state or federal rules.

There area a wide range of settlements for semi-truck accidents . Therefore, there is no true “average” settlement. The value of a semi-truck accident claim is highly dependent on the circumstances of the case. The compensation you are eligible to receive depends on several factors. They include your financial losses, the scope and permanence of your injuries, and the degree to which the other driver was at fault. The quality of your legal representation may also impact your settlement. The insurance companies that cover 18-wheelers are notoriously difficult to deal with.

Many semi-truck accident lawsuit plaintiffs receive millions of dollars. However, this amount varies greatly depending on the facts. Some cases settle for as little as $10,000-$15,000. To estimate how much your individual claim may be worth, you must understand how we calculate damages.

How Does One Calculate Damages in a Semi Truck Accident Case?

There are two kinds of damages in personal injury cases: compensatory and punitive .

Punitive damages punish the defendant for extremely harmful behavior. Not every semi-truck accident claim will include punitive damages. Due to stories of juries gone wild, many states place caps on the amount of punitive damages. Virginia state law limits the total amount of punitive damages in personal injury cases to $350,000.

Compensatory damages do not intend to punish the defendant. Rather, they seek to compensate a plaintiff for her economic and non-economic losses. Economic damages are also called special damages. They have a tangible financial value. This includes hospital bills, ongoing medical expenses, and lost wages. Non-economic damages, sometimes referred to as general damages, do not have a specific dollar amount. However, they do carry great intrinsic value. These damages include pain and suffering, mental anguish, and loss of enjoyment of life. To calculate non-economic damages, an attorney will determine the amount of economic damages, then multiply it. Less serious cases may have a multiplier of 1.5. Truly horrific cases sometimes receive 5 times the economic damages.

Virginia Truck Accident Attorney

If you were injured in an accident involving a semi-truck, tractor trailer, 18-wheeler, or other commercial vehicles, you need the help of a dedicated personal injury attorney. For strong, aggressive legal representation contact the attorneys at Leavitt & Martin PLLC. Call (804) 873-4004 for a free consultation today.

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What Is the Penalty for Underage Drinking in Virginia?

Fri, 15 Sep 2017 08:14:00 GMT

Virginia Drinking Laws for Anyone with an Underage Drinking Charge If you are charged with underage drinking, you will want to know what the penalty for underage drinking is. Virginia drinking laws can be difficult to navigate since they include driving while intoxicated, and underage possession of alcohol. However, I will go through the different[...] The post What Is the Penalty for Underage Drinking in Virginia? appeared first on Leavitt & Martin.

Virginia Drinking Laws for Anyone with an Underage Drinking Charge

Penalty for Underage Drinking

If you are charged with underage drinking, you will want to know what the penalty for underage drinking is. Virginia drinking laws can be difficult to navigate since they include driving while intoxicated, and underage possession of alcohol. However, I will go through the different Virginia drinking laws, and what the penalties are.

Virginia Drinking Laws: Penalty for Underage Drinking

Many of the Virginia drinking laws are found under Virginia code 4.1-305 . These underage drinking laws penalize and prohibit the purchase, possession, and sale of alcohol for someone who is under 21. At Leavitt & Martin , we specialize in misdemeanor cases like this.

If you want to read the Virginia drinking laws, you can view them online HERE . I will try to answer some of the common questions I get asked about Virginia drinking laws and underage drinking charges. Underage drinking is a criminal charge, and so the consequences can be long lasting if you don’t address them. Many cases involve college students, who get in trouble with their local campus police who enforce these laws strictly. Colleges and universities have strict alcohol policies, and the police issues summons for underage drinking.

Is Underage Drinking a Misdemeanor or is Underage Drinking a Felony?

Fortunately, Virginia is not THAT strict with underage drinking to classify it as a felony. Virginia classifies underage drinking as a CLASS 1 MISDEMEANOR. So, it is not a felony, but it is the most serious misdemeanor. The range of punishment is:

These are some of the direct consequences for Virginia drinking laws. But they do not come close to addressing the potential secondary consequences many people face after a conviction:

Underage Drinking Charge: How to Get a Drinking Ticket Dropped

How to get a drinking ticket dropped

If you have an underage drinking charge, the you likely want to know the best way to proceed. There are several options moving forward:

How to get a Drinking Ticket Dropped with a Legal Defense

There are really three ways to get your underage drinking charge dismissed in Virginia. You can get your underage drinking charge dismissed with a legal defense. You might think these cases are very simple, but they often are not simple. The officers will need to get past hurdles to show why they were legally in a position to arrest you for underage drinking. Did the drinking happen on private property, or public? Were you in public view? Who, if anyone, gave the officer’s permission to be in a position to charge you with an underage drinking charge.

Even if the officers were in a position to give you an underage drinking charge, can they prove you were drinking alcohol? This is something that is often just assumed. This came to mind when I was considering drinks like O’Douls and other non alcoholic drinks that contain some alcohol. If the officers don’t perform any sort of breath analysis, then how do they know that the drink was an alcoholic beverage? In Virginia, not all beverages with alcohol are illegal. The alcohol by volume in the drink must reach a certain level before it becomes illegal. Otherwise, it is not technically an alcoholic beverage.

Virginia Drinking Laws Allow for the Charges to Get Dropped With a First Offenders Program

Virginia judges have the authority to let someone enter a program for first offenders who have an underage drinking charge. Under this first offender program, the judge continues the case for a period of time (usually 6 months to a year). It is a probationary period. The judge can suspend the license. The judge has to order alcohol classes and the defendant is usually put on formal probation, and must do community service. At the end of the probation period, the charge gets dismissed (dropped) and does not result in a conviction for underage drinking.

The benefit to this is that there is no conviction. The negative is that it is a more formal program, and there is more of a record of it than other types of dismissals. The conviction cannot be expunged if the charge is dropped with first offender. There is a better way to get an underage drinking charge dropped.

Underage Drinking Charge Dropped by Agreement

Some locations are very reasonable, and the prosecutor will agree to dismiss an underage drinking charge by agreement. To get this result, your attorney would need to negotiate this deal with the prosecutors office. You cannot get this result unless the prosecutor agrees to it.

The deal works SIMILAR to the first offender program but it is much better. There is no formal probation, and you never enter a plea. The benefit here is that when the underage drinking charge is dropped, then the dismissal is EXPUNGABLE. That means that it is eligible to be expunged if you want to do that in the future. Also, on job applications it is better when the case is dismissed this way. Any conditions the agreement calls for are completely optional. On the outside looking in, it just looks like a simple continuance and then a dismissal. So this is a great result if there is no legal defense to the underage drinking charge.

Virginia Drinking Laws

4.1-305: You cannot purchase, possess or consume alcohol unless you are at least 21 years old in Virginia. In addition, you cannot use a fake ID or alter an ID. This applies to a driver’s license AND also a student ID at college.

4.1-306: Buying alcohol for some who is not allowed to possess it is illegal, and it is a class 1 misdemeanor as well. If you purchase alcohol for someone who is not 21, or who is intoxicated, then you are guilty of a class 1 misdemeanor.

4.1-307: Must be at least 18 to sell or serve alcohol and it is a class 1 misdemeanor against the person who allowed it to happen.

4.1-308: Drinking in public. You cannot either drink in public OR offer a drink to someone else in public and it is a class 4 misdemeanor if convicted. There is a lot of case law on what it means to drink in a “public place.”

18.2-388: Drunk in public. In Virginia, public intoxication is a class 4 misdemeanor if you are intoxicated in public.

18.2-323.1: Driving with an open container. In Virginia it is illegal, and a class 4 misdemeanor to drive a vehicle with an open container.

18.2-266: Driving while intoxicated. This is the Virginia DUI law.

18.2-266.1: Underage drinking and driving. You do not have to be intoxicated, and if you are, you would get charged with a normal DUI. You just have to have at least a .02 BAC and it is a class 1 misdemeanor. This is known as a “baby” DUI but that’s not an accurate description as it is a class 1 misdemeanor and carries most of the same penalties as a DUI.

Penalty for Underage Drinking Under the Virginia Drinking Laws

I noted some of the penalties above, but what is the difference between a class 4 misdemeanor and a class 1 misdemeanor. In Virginia, misdemeanors are classified as 1, 2, 3, or 4. They are all serious to the extent that they leave you with a permanent criminal record if you are convicted. However, in Virginia a class 1 misdemeanor is the most serious and a class 4 misdemeanor is the least serious. Here is the range of punishment under the Virginia drinking laws that give the penalty for underage drinking:

CLASS 1 MISDEMEANOR: 0-12 months in jail, fine of $0-2500, license suspension up to one year

CLASS 2 MISDEMEANOR: 0-6 months in jail, fine of $0-1000, license suspension up to one year

CLASS 3 MISDEMEANOR: fine of up to $500

CLASS 4 MISDEMEANOR: fine of up to $250

Leavitt & Martin Specialize in Helping Clients With Misdemeanors Like Underage Drinking

Drinking is often considered a normal part of the college experience. But the purchase, consumption, or possession of alcohol is illegal in Virginia to anyone under the age of 21. In Virginia, the charge is Underage Possession of Alcohol and is a Class 1 Misdemeanor. The “possession” of alcohol includes alcohol already consumed. Police can prove this by smelling alcohol on the breath or seeing signs of intoxication. Drinking while underage in Virginia is a serious offense. You should not take the charge lightly.

Underage Possession of Alcohol for Ages 18-20

When charged with underage possession of alcohol, a conviction results in a criminal record. The person will not have the ability to have the record expunged. This can have serious ramifications on the career options for a young adult. The penalties for adult underage drinking include:

These are the maximum penalties allowed under the law. But you should not assume the Court will let you off with a slap on the wrist. If it is not your first offense or you’re facing additional charges (such as disorderly conduct), there could be serious consequences for a momentary lapse in judgment.

First Time Offenders for Underage Drinking Charge

As noted above, the best result is to have a legal defense to your charge. If that is not available, then we try to negotiate a dismissal for underage drinking that does not involve the first offender program. As a last resort, we use the first offender program to dismiss underage drinking charges.

If you have no prior underage possession charges and a clean criminal record, a more lenient sentence may be available to you. There is a mandatory minimum fine of $500. You may still be able to drive on a restricted license, often only to work and school. Virginia also offers a diversionary program that allows first-time offenders to defer a conviction by seeking substance abuse treatment. This program helps young adults maintain a clean criminal record. It is also common for first-time offenders to receive probation until they are 21 years old. It is very important to abide by the terms and conditions of your probation, or you could be subject to the maximum penalties allowed for the original charge.

Recent Cases of Underage Possession of Alcohol Dismissed

How can I get my underage drinking ticket dropped? We can usually get these cases dismissed so they don’t ruin your future. Sometimes we can get the case completely dismissed, or you MAY HAVE A LEGAL DEFENSE .

Minors Charged with Underage Possession of Alcohol

If police catch someone under the age of 18 possessing alcohol, juvenile court will handle the case. A conviction will not stay on his permanent record. However, the penalties for a juvenile are (perhaps surprisingly) strict. They can include:

The sentence a minor receives for an underage drinking charge will depend on the circumstances of his case. and the discretion of the judge. A skilled criminal defense attorney may be able to negotiate a lighter sentence.

Need Legal Assistance? Call a Virginia Criminal Defense Attorney.

If you or your child is facing underage possession of alcohol charges, it is highly recommended you consult with a criminal defense attorney as soon as possible. An underage possession conviction can have long-term consequences. An experienced attorney can help. The attorneys at Leavitt & Martin PLLC will fight for the very best outcome in your case.

The post What Is the Penalty for Underage Drinking in Virginia? appeared first on Leavitt & Martin .

Virginia Motorcycle Accident Claims: The Process

Fri, 08 Sep 2017 18:14:00 GMT

If you’re facing injuries from a motorcycle accident, you may be wondering what happens next. You may be entitled to compensation for the damages you suffered. But it can be difficult to know what to expect or where to start. In any injury accident, the first thing you should do is seek medical attention. The[...] The post Virginia Motorcycle Accident Claims: The Process appeared first on Leavitt & Martin.

If you’re facing injuries from a motorcycle accident, you may be wondering what happens next. You may be entitled to compensation for the damages you suffered. But it can be difficult to know what to expect or where to start. In any injury accident, the first thing you should do is seek medical attention. The next step to take is calling a personal injury attorney .

Statute of Limitations for Personal Injury in Virginia

The term “statute of limitations” refers to a law that limits the amount of time you have to file a lawsuit. The amount of time allotted depends on the particular type of claim. The statute of limitations for a personal injury claim in Virginia is two years. You must file your claim within this time limit. If you do not, the Court will not allow you to pursue damages. Filing a personal injury lawsuit takes time. You should contact an attorney as soon as possible after a motorcycle accident.

Understanding the Extent of Your Injuries

An important aspect of the motorcycle accident claims process is calculating damages. You base the damages on losses you have suffered. To accurately determine damages, you must have a full understanding of the scope and severity of your injuries. When determining damages, you will want to include expected future damages. These include ongoing medical expenses or wages lost from a forced early retirement. Receiving a reliable medical prognosis after your motorcycle accident could take several months. This is even more likely if you are recovering from surgery.

Gathering Evidence

When making a personal injury claim after a motorcycle accident , you must prove that the other party was responsible. You must also prove that you suffered the damages requiring compensation. One way you can establish proof is through police traffic accident reports. You can also use photographs of the accident, witness statements, detailed medical records, and testimony from a medical expert.

Law requires all parties to share any information or evidence they intend to use to support their claim. Discovery is the process of gathering evidence during a personal injury lawsuit.

Negotiating a Settlement

Settlement negotiation is an important part of the motorcycle accident claim process. Once you calculate damages, your attorney will send a demand letter to the defense. Back and forth negotiations may go on for some time. The parties may decide to attend mediation to reach an agreeable settlement. About 95% of all personal injury claims settle out of court. However, if parties do not reach an agreement, your motorcycle injury claim will go to trial.

Litigating a Motorcycle Accident Claim

When a motorcycle accident claim goes to trial, a judge or jury will decide the extent to which the defendant is liable for your injuries. Then, they will award damages based on this determination. In some cases, the defendant’s actions were particularly egregious. In these instances, the judge or jury may award punitive damages up to $350,000.

Get Legal Help for Your Virginia Motorycle Accident Claim Today.

If you have been injured in a motorcycle accident, reach out to an experienced personal injury attorney right away. The dedicated personal injury attorneys at Leavitt & Martin PLLC will fight for you and get you the compensation you deserve. Contact the Leavitt & Martin team today.

The post Virginia Motorcycle Accident Claims: The Process appeared first on Leavitt & Martin .

Simple Assault Charges and Punishment in Virginia

Fri, 25 Aug 2017 04:16:00 GMT

Assault and Battery in Virginia There is a lot of confusion about what is assault and battery in Virginia. There are many different ways to assault someone. When we talk about assault and battery in Virginia there are two different offenses. Assault is the fear you put someone in of a battery and the battery[...] The post Simple Assault Charges and Punishment in Virginia appeared first on Leavitt & Martin.

Assault and Battery in Virginia

There is a lot of confusion about what is assault and battery in Virginia. There are many different ways to assault someone. When we talk about assault and battery in Virginia there are two different offenses. Assault is the fear you put someone in of a battery and the battery is the actual offensive contact. Sometimes a simple misjudgement will end with an arrest or a charge of assault. At Leavitt & Martin , we have successfully handled hundreds of Virginia assault cases, both domestic assault and simple assault.

Assault and battery mean two different things in Virginia. Assault is the fear of getting hit, and battery is the actual hitting. Think about the scenario where someone pulls balls up their fists and swings at someone to their face. When you pull your hand back to hit someone the assault is everything leading up to the contact. So if the person ducks and does not get physically hit, then there is only an assault and not a battery in Virginia.

Likewise, if someone walks up to a person whose back is turned and punches them in the head then it is a battery only, not an assault and battery in Virginia.

The Punishment for Assault and Battery in Virginia

The potential punishment for committing an assault and battery in Virginia is the SAME whether you commit a SIMPLE ASSAULT or and ASSAULT AND BATTERY in Virginia. It is classified as a class 1 misdemeanor either way, and the range of punishment is 0-12 months in jail and a fine of $0-2500. Keep in mind that domestic assault and batteries have potentially different consequences.

Also, if you commit an assault and battery in Virginia against someone where bodily injury occurs it is a class 6 felony based on their:

If there is no bodily injury, but the victim was selected due to race, religious conviction, color or national origin then there is a mandatory sentence of 30 days in jail.

In addition, certain assault and batteries are more severe:

What Is Simple Assault?

Simple assault is the most common assault and battery charge . It is an unlawful attack, attempt, or threat of harm. Unlike aggravated assault, simple assault does not involve a weapon or serious injury. Is pushing someone assault? Yes. Pushing can be prosecuted under the Virginia assault and battery law.

Examples of simple assaults include:

A person can be charged with simple assault without even touching the victim. Simple assaults do not cause actual injury. These charges usually stem from a confrontation in which one party decides to press charges.

Simple Assault Examples

In addition to the behaviors noted above, which are technically batteries, here are some examples of simple assaults that come up:

How to Drop Assault Charges in Virginia

drop an assault charge

This question comes up all the time. It is more frequent in the DOMESTIC assault and battery situation where someone takes out charges against someone and then wants to drop the assault charges. So here is how the assault process in Virginia works:

After an Assault Charge is Brought, Some Charges for Assault can be Dismissed with an Accord and Satisfaction

Either the police officer or the alleged victim will initially take out the charge for assault in Virginia. In the case of a domestic assault and battery, the police officer can bring out a charge for domestic assault if he/she did not witness the assault, assuming there is evidence of an assault.

Once the charge is brought, it is technically up to the judge or prosecutor to drop the charge. The alleged victim, or the police who initiated the charge are then witnesses once the charge is brought. There is an exception to this general rule. For simple assault cases, NOT DOMESTIC, the parties involved can reach what is called an ACCORD AND SATISFACTION. It is basically a signed agreement and once the judge accepts it the simple assault charge is dismissed according to the accord and satisfaction. Both parties have to agree, and the judge has to accept it.

What if this is Domestic Assault?

Domestic assault and batteries cannot be dismissed with an accord and satisfaction. Those charges would need to be either Nolle Pros’d, or dismissed by the judge. A nolle pros means “decline to prosecute.” In some cases, the prosecutor may decline to prosecute a simple assault or domestic assault case. It is in the prosecutors discretion to nolle pros a charge or not.

Other Ways to Drop an Assault Charge

Only the prosecutor or judge can “drop” a Virginia assault charge. Prosecutors sometimes drop an assault charge by nolle pros’ing the charge. They do this in some cases where the assault may be pretty weak. It may be a father/son or husband and wife situation and after reviewing all of the information they may not want to prosecute the case. If that happens, they can drop the charge.

Sometimes prosecutors will drop the charge because they cannot prove the charge.

can’t prove it

Example: Wife/girlfriend is in a fight with significant other. Wife/girlfriend alleges an assault and a charge is brought. The prosecutor refuses to drop the charge even though the alleged victim wants to drop the charge. At trial, there is not enough evidence to prove the assault beyond a reasonable doubt because the alleged victim did not cooperate. The assault charge gets dropped.

There are multiple ways this can happen. Some alleged victims outright refuse to cooperate with the prosecutor. Sometimes this can result in the alleged victim getting charged with filing a false police report, or some similar charge. Some prosecutors offices have a policy to prosecute alleged victims in cases like this.

Other times, the alleged victim gets called as a witness and testifies under oath that they cannot remember what happened. If the alleged victim does not remember, then the assault case would be dismissed if that was the only evidence of the assault or if the evidence was necessary and vital to the case.

Finally, some alleged victims want to drop an assault case and they consult with a lawyer. Sometimes the facts of a case are such that there is potential criminal liability for the alleged victim which could trigger criminal liability for the alleged victim if they testified. In that situation an alleged victim might plead the fifth, since everyone has a right not to incriminate themselves. The prosecutor then will sometimes grant immunity which could take away the right to plead the fifth.

The bottom line is that prosecutors have the discretion on whether or not to continue a prosecution. It is up to the judge on whether or not to dismiss the case after a trial. In simple assault cases, an accord and satisfaction is an easy way to drop an assault charge in Virginia. For domestic cases, hopefully the prosecutor is reasonable and uses appropriate discretion. An alleged victim does NOT want to be subject to prosecution for filing a false police report, or perjury. It is best to consult with a lawyer who can best advise you of your rights. These are tricky situations, but if someone lies under oath they will be prosecuted most of the time. Many alleged victims get prosecuted trying to drop an assault charge.

How to Press Assault Charges in Virginia

press assault charges

How do you press assault charges in Virginia? For most misdemeanor offenses, the police have to witness the crime. However, there are exceptions. For instance, a DUI accident does not have to be committed in the officers presence. And there are other exceptions.

To file assault charges, either a police officer will need to take out a warrant for assault and battery in Virginia or a victim can go directly to a magistrate. If the magistrate listens to the facts and determines that probable cause exists for assault and battery then the magistrate will issue a warrant.

Once the magistrate issues a warrant for assault and battery, it will need to be served on the person who committed the assault and battery. So, if you want to press charges for assault and battery then either a police officer will need to bring the charges if they can, or a magistrate. Also, some police officers choose not to bring charges for various reasons. However, victims can always go to the magistrate and the magistrate can issue a warrant for assault if probable cause exists. And that is how to press assault charges.

Simple Assault Laws in Virginia

Virginia state law classifies simple assault as a class 1 misdemeanor. A class 1 misdemeanor carries the following penalties:

These are punishments allowed under the law for a simple assault charge. For a first offense, a judge usually does not hand down the toughest penalties. Depending on your case, a defense attorney may be able to convince the judge to allow a lighter sentence. Examples of this would be probation or community service. A skilled lawyer may even be able to get your simple assault charge dismissed.

Penalties will be more severe if simple assault combines with other charges. The same severity will apply if it is part of a hate crime. Assaulting someone based on their race or religion will result in a felony and mandatory jail sentence.

Impact of a Simple Assault Charge

A simple assault charge will drop if the alleged victim testifies. They will also dismiss if he signs an affidavit acknowledging “accord and satisfaction”. This indicates the victim and the accused have settled their differences and may involve a payment of money to the victim.

If convicted of simple assault, the conviction will show up on background checks. A conviction may also prevent you from obtaining a permit to carry a concealed handgun .

The victim of the assault may decide to file a civil case demanding restitution. The burden of proof in civil lawsuits is different from that in criminal court. You might lose a civil case even if your criminal charges get dismissed.

First Offense Assault Charge

There is no such thing as a first offense assault charge in Virginia, under the regular Virginia assault and battery law 18.2-57. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.2-57.2. Under the first offense program, your case can be deferred for two years and if you successfully complete the program the case gets dismissed. This is sometimes a good option.

Under the regular, non domestic assault and battery law in Virginia there is no first offender program. There may be a way to dismiss the case, but there is no first offender program to dismiss the case. In addition, judges and prosecutors will be looking at the criminal history so it is better to have a first offense assault charge then to have a history of assault.

Virginia Criminal Defense Lawyers

A simple assault charge can either be a minor headache or have long-term negative consequences. The punishment received depends on the details your case and the skill of your legal representation. If you have a simple assault charge in the greater Richmond area, contact the experienced defense attorneys at Leavitt & Martin PLLC to schedule a free consultation .

Daniel Leavitt and Corey Martin have successfully defended many clients in general district court, juvenile and domestic relations court, and in circuit court for simple assault charges. We can often help get these charges dismissed, or help minimize what happens.

The post Simple Assault Charges and Punishment in Virginia appeared first on Leavitt & Martin .

Dealing with a Back Injury from a Car Accident

Mon, 21 Aug 2017 17:47:00 GMT

A Back Injury from a Car Accident Can be a Serious Issue Back injuries are common in motor vehicle accidents. They can cause severe pain, difficulty breathing or sleeping, and inability to walk or move. Injuries to the spinal column may cause paralysis or permanent disability. Here are some quick tips for getting back on[...] The post Dealing with a Back Injury from a Car Accident appeared first on Leavitt & Martin.

A Back Injury from a Car Accident Can be a Serious Issue

Back injuries are common in motor vehicle accidents . They can cause severe pain, difficulty breathing or sleeping, and inability to walk or move. Injuries to the spinal column may cause paralysis or permanent disability. Here are some quick tips for getting back on your feet after a car accident back injury.

Seek Medical Attention

Don’t let your pride or white coat syndrome keep you from getting checked out by a doctor after an auto accident. Some serious injuries may not be immediately clear and could take a week or longer to develop. While some soreness is normal, you should see a doctor right away if you experience:

With car accidents, people need to be on the lookout for serious injuries to the back, neck, and spinal column. Some common injuries include vertebrae fractures, herniated discs, and soft tissue tearing.

Follow Your Doctor’s Instructions

When you’re suffering a back injury from a car accident, your physician and/or chiropractor will give you instructions for recovery. These guidelines include which medicine to take, rehabilitative therapy, and recommended procedures.

Sometimes Home remedies can be helpful, but always check with your doctor before trying any new treatments. Neglecting doctor’s instructions may extend your recovery time and cause permanent damage.

Get Plenty of Rest

You may feel anxious to get back to normal after you’re injured in a car accident. Rushing your recovery and/or refusing to rest will only make the process more difficult. Your body needs rest to heal. If you have trouble sleeping, talk to your doctor. He may be able to recommend a non-habit forming sleep aid for your specific type of injury.

Stay Hydrated to Reduce Constipation

Pain medications and reduced movement can wreak havoc on your bowels. Unfortunately, straining to have a bowel movement can also exacerbate your back injury. The best way to combat constipation is to drink plenty of fluids. If you need a little extra help, a gentle stool softener will usually do the trick. Avoid powerful laxatives which may cause muscle spasms.

Don’t Forget About Your Mental Health

Besides physical injuries, a devastating car crash can take a toll on your mental and emotional health as well. Traumatic experiences can cause stress, anxiety, and symptoms of PTSD. If you have suffered a long-lasting or permanent disability from the accident, reduced quality of life can also lead to depression. If you experience any of these issues, reach out to a mental health professional for help.

Call a Virginia Personal Injury Lawyer

After seeking medical attention, you should call an attorney. An experienced lawyer will protect your rights and interests so you can focus on recovering. If you or a loved one suffered injuries in a car accident, contact our Richmond personal injury practice for a free, no obligation consultation.

The post Dealing with a Back Injury from a Car Accident appeared first on Leavitt & Martin .

Possession of Marijuana in Virginia: What Are the Laws?

Thu, 17 Aug 2017 22:48:00 GMT

The use of marijuana has become more accepted recently. This is true for recreational and medicinal use. Currently, medical marijuana is legal to some extent in 29 states and the District of Columbia. Eight states (plus D.C.) have passed legislation to open the doors for recreational use. With this social movement to legalize and normalize[...] The post Possession of Marijuana in Virginia: What Are the Laws? appeared first on Leavitt & Martin.

With this social movement to legalize and normalize the use of cannabis, you may start to feel a little more comfortable toking up at home or private parties. However, in the state of Virginia, possession of marijuana is not legal in any situation, amount, or form. Make sure you understand the law and potential consequences of your actions.

Virginia Simple Possession Laws and Penalties

The DMV will also suspend your license for six months. There is a possibility of retaining a restricted license for driving to school or work. You will also not a concealed handgun permit for three years.

These are the maximum penalties for simple possession. An experienced criminal defense lawyer can help, though. They may be able to convince the judge to assign probation and/or a drug treatment program instead of jail time. Alternatively, a judge may allow you to serve your sentence in a way that allows you to keep your job. This would include things like weekend jail time. Be careful not to violate the terms of your probation. This may result in receiving the full penalty for your original charge.

Felony Marijuana Charges in Virginia

If police catch you with more than half an ounce of marijuana, you will face tougher penalties . The state may charge you with possession with intent to distribute (PWID). This is a felony charge with a mandatory minimum sentence of one year in jail. Additionally, THC oils and concentrates carry serious charges. Possessing even small amounts may carry felony charges if they contain more than 12% THC.

Arrested for possessing a large amount of marijuana and charged with intent to sell, distribute, or manufacture? It is very important to seek legal counsel right away. A skilled defense attorney may be able to prove that by simply carrying more than 0.5 ounces of marijuana, you did not show intent to distribute. A judge may be willing to give you a sentence for simple possession.

Arrested for Possession of Marijuana? Call a Virginia Criminal Defense Lawyer

After an arrest for possession of marijuana, consult with an attorney as soon as possible. Even a simple possession charge could throw your life off track. However, a skilled attorney will be able to recognize the defenses available to you. They’ll fight for the best possible outcome in your case. Contact our offices today.

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Four Reasons to Contact an Auto Accident Attorney After a Crash in Virginia

Fri, 28 Jul 2017 12:41:00 GMT

If you’re injured in a car accident in Virginia, the law allows you to recover for the losses you sustain. Medical bills, lost wages, pain, and suffering, and other damages are available as compensation. But there are many complications with these cases. You’re at a disadvantage if you try to pursue the responsible party on[...] The post Four Reasons to Contact an Auto Accident Attorney After a Crash in Virginia appeared first on Leavitt & Martin.

If you’re injured in a car accident in Virginia, the law allows you to recover for the losses you sustain. Medical bills, lost wages, pain, and suffering, and other damages are available as compensation. But there are many complications with these cases. You’re at a disadvantage if you try to pursue the responsible party on your own. Negotiations with an insurance company are stressful. And, if it becomes necessary to take the matter to court, you are at a big disadvantage. While there are many reasons you should contact an auto accident attorney in Virginia after a crash, four are especially critical.

1. A Lawyer Has In-Depth Legal Knowledge and Experience

Without a legal education and training, you don’t have the skills to fight for your right to compensation. An attorney with the proper credentials and courtroom experience will:

2. Insurance Companies Don’t Have Your Best Interests in Mind

3. Proving Damages is a Challenge

You will suffer financial losses as a result of your injuries. This includes medical expenses for treatment and lost wages for time off work. Still, there are additional damages that aren’t so easy to determine. You’re entitled to recover for damages like pain and suffering, loss of society, and future earnings. But it can be difficult to prove your claim. Many factors complicate the process. A lawyer has expertise in presenting the right evidence and expert testimony to establish the essential proof.

4. You Risk Insufficient Compensation for Your Injuries

Without a strong background in personal injury cases, you don’t have a general idea of how much your claim is worth. When your injuries are severe, they may impact your future. Attorneys know the details of calculating the value of your case. They will help you understand what amount may be reasonable to accept as compensation.

There’s a lot at stake when you’ve suffered injuries in a car crash. Your legal rights are at risk if you attempt to go it alone it pursuing the responsible party. Without a legal background, you may not recover the full amount of compensation available under state law.

A car accident attorney has the experience necessary to represent your interests in negotiations. A lawyer also knows when it’s time to file a lawsuit to obtain the compensation you deserve. For more information on car accident cases in Virginia, please contact the personal injury team at Leavitt & Martin, PLLC today. You can call today at (804) 873-4004. We’re happy to answer your questions or set up your free consultation in our Midlothian, VA office. We serve Richmond, Virginia and beyond.

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I Was Hit By a Car on My Bicycle, What Now? Bicycle accident

Fri, 21 Jul 2017 09:24:00 GMT

One minute, you’re riding along on your bicycle and enjoying the great outdoors; the next, you’re writhing in pain after being hit by a car. Bike accidents can happen in a fraction of a second, but you can be sure that your injuries will last much longer. You’ll likely need medical attention in the immediate[...] The post I Was Hit By a Car on My Bicycle, What Now? Bicycle accident appeared first on Leavitt & Martin.

Bicycle accident

One minute, you’re riding along on your bicycle and enjoying the great outdoors; the next, you’re writhing in pain after being hit by a car. Bike accidents can happen in a fraction of a second, but you can be sure that your injuries will last much longer. You’ll likely need medical attention in the immediate aftermath, and you’ll experience pain and suffering for some time as well. In severe cases, you may even be out of work due to the bicycle accident.

As your mind is racing with these thoughts and others after the accident, you’ll certainly be questioning what to do. The law may allow you to recover compensation from the driver that hit you, so your next steps are critical. An experienced Virginia accident attorney can provide more detailed advice, but here are a few tips to help you through the incident.

Seek Proper Medical Treatment

Your physical health is a paramount concern after any type of accident, so call 911 right away in the event of a serious bike accident. Plus, you should take precautions even if you believe your injuries are minor and you’re able to walk away. As soon as you’re able, head to an urgent care center or visit your primary care physician. It’s critical to seek proper medical treatment right away so you’re better able to prove that your injuries entitle you to compensation.

Exchange Contact Information with the Car’s Driver

Make sure you get the name, contact information, and insurance details from the driver of the vehicle that hit you. You’ll eventually need to reach out to that person through your attorney, so exchange this information at the scene if possible.

Don’t Talk to an Insurance Company Representative

In the days following the accident, you may receive a call from an agent for the responsible driver’s insurance company. Other than confirming your identity, don’t make any other statements. The representative may ask you about what happened in the incident, and you want to avoid speculation about who was at fault.

Consult with a Virginia Bicycle Accident Attorney

When your injuries have stabilized and you’re able to get around, contact a personal injury lawyer about your case. There are a few things you need to learn about potential candidates. Ask about their experience with bicycle accident cases, specifically. It’s important to retain an attorney that’s dedicated to these types of matters.

When you suffer injuries in a bicycle accident, you may also experience a great amount of confusion and bewilderment. Therefore, following these tips on what to do next should be helpful. If you’d like to hear more about what to do after a car hits you while you’re riding, call us at (804) 317-2385. We’re happy to discuss your case over the phone. We can also schedule a free case evaluation in our Midlothian, VA office to discuss your case in more detail.

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What is the Statute of Limitations on Personal Injury Cases in Virginia?

Fri, 14 Jul 2017 19:17:00 GMT

Most personal injury cases rely upon the theory of negligence, where a person’s careless conduct harms a victim. Whether the scenario involves a car accident, medical malpractice, wrongful death, or some other circumstances, these matters share one common detail. Under Virginia’s laws regarding the statute of limitations, you have a limited amount of time to[...] The post What is the Statute of Limitations on Personal Injury Cases in Virginia? appeared first on Leavitt & Martin.

Most personal injury cases rely upon the theory of negligence, where a person’s careless conduct harms a victim. Whether the scenario involves a car accident, medical malpractice, wrongful death, or some other circumstances, these matters share one common detail. Under Virginia’s laws regarding the statute of limitations, you have a limited amount of time to file a lawsuit. These rules exist so that a victim doesn’t procrastinate in bringing a claim. The rules also ensure all litigants receive fair treatment. Plus, a statute of limitations ensures evidence doesn’t degrade over time and the recollections of witnesses don’t become fuzzy.

However, the law requiring you to sue within a limited period of time differs depending on the type of case. Your Virginia personal injury lawyer can explain more details on how the statutes of limitations would apply to your situation, but here are the basics you need to keep in mind.

Car Accidents Statute of Limitations

A traffic accident is among the most common type of personal injury cases. The statute of limitations for these matters is two years. According to the statutory language, the clock starts to run when the cause of action accrues. Therefore, the statute of limitations begins to run when you suffer your injuries. In car accident cases, this is the day the incident occurred. A qualified car accident attorney can help identify and prepare for the statute of limitations.

Medical Malpractice Statute of Limitations

Wrongful Death Statute of Limitations

When a loved one dies due to the negligence of another person, the deceased’s beneficiaries can file a wrongful death action to recover compensation. These cases are similar to personal injury actions. The difference is that the victim died instead of merely suffering injuries. They’re also like personal injury matters with respect to the statute of limitations. Beneficiaries have two years from the date of death to file a lawsuit.

No matter what the circumstances of your injuries, it’s important to understand that you have limited time to file a lawsuit. Virginia’s statute of limitations starts to run when the harm occurs. There are very few exceptions that would stop the clock.

Still, a personal injury attorney with experience in negligence cases has the legal knowledge necessary to make sure you meet deadlines. Call the personal injury lawyers at Leavitt & Martin today. We are happy to provide information on statutes of limitations. Additionally, we’ll other laws that impact your case. We can answer your questions or set up a free consultation at our Midlothian, VA office.

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I Live In Virginia, Should I Hire an Attorney for a Traffic Ticket?

Fri, 07 Jul 2017 16:36:00 GMT

It’s essential to retain legal counsel whenever you’re involved in a matter that impacts your legal rights. This is true even for seemingly simple cases like a traffic ticket. It’s tempting to think you can handle the issue yourself or to accept the charges and plead no contest. Also, as a Virginia resident, you may believe that it’s not a hassle to go to court and represent yourself. However, hiring a lawyer is about much more than convenience. The financial implications of a traffic ticket are severe. Your driving privileges are also at stake. Here are the reasons you should hire a Virginia criminal defense lawyer to fight the matter and protect your interests.

You Face Stiff Financial Penalties

Violations of Virginia’s Rules of the Road , including speeding, are infractions that can hit your wallet hard. Different factors affect the amount of your fine, such as:

You May Face Criminal Charges

In addition, Virginia law does elevate certain traffic violations to criminal misdemeanors. Police may charge you with reckless driving if you’re driving over 80 miles an hour or more than 20 miles over the posted limit. The most serious traffic violations may even be a felony in the event of a third DUI or a hit and run where you injure or kill someone.

You Risk Losing Your Driving Privileges

Virginia has established a points system for punishing traffic offenders. For instance:

The points system impacts your driving privileges because of how they accumulate in a certain window of time. Ultimately, if you accrue 18 points in a year or 24 points in 2 years, you’ll face license suspension for 90 days.

You may think that you’re saving money by not hiring an experienced attorney to act on your behalf when fighting a traffic ticket. The investment is worth it when you consider the alternatives, though. High fines and increased insurance rates have financial implications. Plus, Virginia’s points can affect your ability to drive. This makes life very difficult if you’re unable to travel to work or assist with household errands.

Contact us to Hire An Attorney to Fight Your Speeding Ticket

If you’re facing charges based upon a traffic violation, please contact the Virginia speeding ticket lawyers at Leavitt & Martin, PLLC. You can reach us online or by calling (804) 873-4004. We can answer your questions and tell you more about your options for fighting the violation. We can also schedule a consultation for you at our Midlothian, VA office.

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DUI Punishments in VA – What are You Facing?

Fri, 30 Jun 2017 16:30:00 GMT

The State of Virginia considers Driving under the influence (DUI) a serious offense. Those convicted face harsh penalties. Generally, the severity of a DUI charge depends on a number of factors. They include the driver’s age, the number of prior DUIs, and Blood Alcohol Concentration (BAC). Understanding the various DUI laws can be difficult. If[...] The post DUI Punishments in VA – What are You Facing? appeared first on Leavitt & Martin.

What Constitutes Driving Under the Influence?

Driving under the influence occurs when a driver operates a vehicle and has a BAC of 0.08 percent or more. However, drivers can face DUI charges if their BAC was under the limit. The arresting officer must establish that the driver was too intoxicated to drive in this case.

Potential Penalties for DUI in Virginia

Being convicted of a DUI can have serious penalties, even for a first offense. For instance, defendants face a minimum fine of $250 and a one-year driver’s license revocation. The penalties for a second offense are even more severe and include:

Furthermore, if the second offense occurred within five years of the first conviction, the driver must spend a minimum of 20 days in jail. A third DUI offense is a Class 6 felony. It is punishable by a minimum of one year in prison, and the payment of a $2,500 fine. The DMV will also revoke offender’s license for an indefinite period of time.

If the offense occurred within ten years of a prior conviction, the driver faces permanent forfeiture of the vehicle. Additionally, anyone arrested for a third or subsequent DUI within a five year time period will be ineligible for bail before the trial. Finally, for a fourth or subsequent offense, a convicted driver will spend at least one year in jail.

Ignition Interlock Devices

Even first time DUI offenders must install an ignition interlock device in at least one of their vehicles. These devices are breathalyzer tests that a driver must pass before the engine will start. If convicted of a second DUI within five years, the driver must install these devices in all of their vehicles, the cost of which can exceed $1,000 per device. Violating this requirement can lead to a driver’s license revocation of up to three years.

Call Today to Speak With an Experienced Virginia DUI Attorney

Having the advice of an experienced Virginia DUI attorney can make all the difference in the outcome of a DUI-related case. If police arrested you for DUI, please call Leavitt & Martin at (804) 873-4004 . We’re ready to talk to you today, and consultations are free.

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Filing a Wrongful Death Lawsuit in Virginia – Who and How?

Mon, 19 Jun 2017 15:56:00 GMT

In Virginia, someone who loses a loved one as a result of another person’s negligence can recover compensation. However, the state allows only certain individuals to bring these claims. They must do so within two years of the date of the victim’s death. Collecting damages cannot compensate someone for the death of a beloved relative.[...] The post Filing a Wrongful Death Lawsuit in Virginia – Who and How? appeared first on Leavitt & Martin.

In Virginia, someone who loses a loved one as a result of another person’s negligence can recover compensation. However, the state allows only certain individuals to bring these claims. They must do so within two years of the date of the victim’s death. Collecting damages cannot compensate someone for the death of a beloved relative. But it can go a long way towards covering medical bills and other expenses. These would otherwise overwhelm the bereaved family. So, if you lost a loved one in an accident, it is important to speak with an experienced wrongful death attorney . They can explain your legal options.

Defining Wrongful Death

Virginia law defines a wrongful death as a death caused by another party’s:

It is also of primary importance that the circumstances of the accident would have supported a personal injury suit if the victim had survived. If the case meets these requirements, the deceased’s beneficiaries can file a wrongful death claim.

Who Can File a Wrongful Death Claim?

In Virginia, only statutory beneficiaries can file a wrongful death claim, which includes:

Although all these individuals are eligible to file a wrongful death claim, certain family members have precedence. For instance, surviving spouses, children, and grandchildren have the right to file a claim first. But, if there is not one of these, any surviving parents, siblings, or dependents can file a suit. If none of these individuals exist, anyone who considered an heir under the laws of intestacy could file the claim.

Potential Damages

If a beneficiary is able to establish that a decedent lost his or her life as a result of injuries suffered in an accident caused by the defendant, he or she may be able to recover compensation for:

Call Today to Schedule a Consultation With a Virginia Wrongful Death Attorney

Losing a loved one in an accident is one a painful and traumatic experience. No one should have to suffer through these times alone. If your relative lost his or her life in an accident as a result of someone else’s negligence, please contact an experienced wrongful death attorney. Reach out to Leavitt & Martin, PLLC by calling (804) 873-4004 today.

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Steps to Take After a Virginia DUI First Offense

Thu, 15 Jun 2017 17:26:00 GMT

What Should You After Your First DUI Arrest? Being arrested for driving under the influence is serious. It can leave people feeling stressed, emotional, and confused about what to do next. There are a few steps that people should take after a DUI arrest. They can help increase their chances of avoiding major penalties. To[...] The post Steps to Take After a Virginia DUI First Offense appeared first on Leavitt & Martin.

What Should You After Your First DUI Arrest?

Being arrested for driving under the influence is serious. It can leave people feeling stressed, emotional, and confused about what to do next. There are a few steps that people should take after a DUI arrest. They can help increase their chances of avoiding major penalties. To learn more about what to do after police arrest you, please contact an experienced DUI attorney. They will defend you in Court and fight for the best possible outcome.

In the meantime, here are a few to take:

Write Down What You Remember

An arrest can be an emotional experience. However, it is critical for drivers to remain calm. That way they can remember as many details as possible about the event. Afterwards, it is important for the driver to write down everything that they remember, including:

Taking these types of notes can help drivers explain the details of the event to their attorneys. The lawyers will then be better equipped to plan a defense.

Obtain Your License

Even when a court has not convicted a person has not of driving under the influence, they will lose their license. This happens after the arrest. If it is the driver’s first offense, the suspension will last a week. However, for a second offense, the suspension lasts 60 days or until the trial starts. In order to get a license back, the driver will need to pick it up at the General District Court clerk’s office. Keep in mind that drivers will not be able to drive until they actually have their license in hand. So if you were arrested for driving under the influence, you’ll need to get a ride to the courthouse to pick up your license.

Arraignment

Eventually, the court will schedule the driver’s arraignment. This is essentially a status hearing. At the arraignment, the driver hears their charges. In addition, the judge explains the potential consequences of conviction. The judge will also ask the defendant if they intend to hire an attorney. Finally, they will inform the driver of the official trial date.

Hire an Experienced DUI Attorney

One of the most important steps to take after a Virginia DUI arrest is to retain an attorney. You need someone who can defend your interests in court. There are a lot of attorneys out there, so it’s critical to do careful research. Ensure that a lawyer has experience representing defendants charged with DUIs. Attorneys need to have a thorough understanding of the breathalyzer and blood tests. In many cases, a defendant’s strongest argument is that the officer administers the test incorrectly. Also, they may argue the officer gave the test too late.

Contact a Virginia DUI Attorney Today

To learn more about what to do after a DUI arrest, please contact a member of the legal team at Leavitt & Martin, PLLC by calling (804) 873-4004 today. Our Virginia DUI lawyers have extensive experience representing clients in court.

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What is the Average Motorcycle Accident Settlement in Virginia?

Thu, 08 Jun 2017 21:43:00 GMT

Motorcycle Accident Virginia If you have been involved in a motorcycle accident in Virginia, you may have a number of questions. Motorcycle accidents can be especially dangerous due to the fact that motorcycles are hard to see and motorcycles don’t have the protection that cars have. Therefore, motorcycle accidents in Virginia are common. Depending on[...] The post What is the Average Motorcycle Accident Settlement in Virginia? appeared first on Leavitt & Martin.

Motorcycle Accident Virginia

If you have been involved in a motorcycle accident in Virginia, you may have a number of questions. Motorcycle accidents can be especially dangerous due to the fact that motorcycles are hard to see and motorcycles don’t have the protection that cars have. Therefore, motorcycle accidents in Virginia are common. Depending on who was at fault, and what the damages are, you may be entitled to a motorcycle accident settlement. Your settlement will depend on a number of issues. At Leavitt & Martin , Corey Martin has handled complex medical malpractice and personal injury lawsuits and he knows how to get the best motorcycle accident settlement.

Every motorcycle accident is unique. Each settlement for injuries sustained in those accidents will differ accordingly. How much an accident victim is able to collect depends on many factors. These include who was at fault in causing the crash and the severity of the victim’s injuries. It can be difficult to know what you are able to recover from a motorcycle crash. It is crucial to speak with an experienced motorcycle accident attorney . They can help you evaluate your case.

Liability

To receive any settlement after an accident, the victim must prove that someone else caused it. Virginia is a contributory negligence state. This means that if an injured party was partly responsible in any way for the accident, they will be unable to collect compensation at trial. This is true even if a plaintiff was only one percent at fault and the defendant was 99 percent responsible. If liability is not clear, then that may factor into the settlement discussion. Insurance companies will not be as keen to settle a motorcycle accident case where liability is disputed. However, this does not mean you cannot get a motorcycle accident settlement, it just means you may go further into the lawsuit until liability is more clear. An injured party needs to prove liability in order to win at trial.

Sometimes the insurance company will not want to risk the potential for a large jury verdict, and may offer to settle your motorcycle accident case in Virginia.

Damages for Motorcycle Accident Virginia

There are two types of damages that an injured party can recover. The first are economic damages. They compensate the injured party for medical costs, lost wages, and property damage. You can calculate this amount using invoices, pay stubs, and receipts. The other type of damages cover losses that are more difficult to quantify. For example, the pain and suffering endured by the victim as a result of his or her injuries. Generally, the more significant an injury, the more damages the victim can expect. In an effort to avoid paying this entire amount, the at-fault party may offer a settlement. However, this will be somewhat lower than what the injured party could receive at trial. It will also allow the injured party to avoid the stresses and risks involved in a trial, though.

How much can a person receive in a settlement for a motorcycle accident in Virginia? It is contingent on whether he or she can show that the other party was at fault. For instance, if an injured party cannot prove that someone else caused the accident, there will be either a very small settlement from the other party’s insurer or no settlement at all. In these types of cases, it is especially important to have the advice of an experienced motorcycle accident attorney. They will help you build a strong case.

Contact us Today to Speak With an Experienced Motorcycle Accident Attorney

If you are the victim of a motorcycle accident in Virginia, please contact Leavitt & Martin, PLLC . Call (804) 873-4004 to schedule a free consultation. You can speak with a knowledgeable motorcycle accident attorney today.

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Eight Reasons to Work with a Virginia Car Accident Attorney

Tue, 23 May 2017 17:48:00 GMT

Injured in a car accident in Virginia? You can seek compensation for your damages. This includes medical bills, lost wages, and any other expenses related to the injury through a personal injury claim. Your lawyer will make sure to file your claim on time. If you need to file a lawsuit, your lawyer will work[...] The post Eight Reasons to Work with a Virginia Car Accident Attorney appeared first on Leavitt & Martin.

1. Your Attorney will Make Sure you Do Not Miss Deadlines

In Virginia, the statute of limitations for personal injury claims is two years from the date of the accident . Your lawyer will make sure that your claim is filed on time. If you need to file a lawsuit, your lawyer will make sure all court deadlines are met.

2. Your Attorney Can Guide you Through the Legal Process

Facing the personal injury claim process on your own can be daunting. Your lawyer will be your advocate. They will be your guide through each step of your claim’s progress – from gathering its supporting evidence to negotiating a fair settlement.

3. Your Attorney Can Determine a Fair Settlement Amount and Help you Seek It

The insurance provider will offer you a lowball settlement amount. Do not accept it without first discussing it with your lawyer. Your lawyer has experience seeking personal injury compensation and can use this to determine an appropriate amount for your case.

4. Your Attorney Can Negotiate on your Behalf

After receiving the lowball offer, your lawyer can negotiate with the insurance provider to secure a more appropriate amount of compensation for your damages. Do not attempt to negotiate the amount on your own.

5. Your Attorney will Know When to Litigate your Case

If you cannot reach a fair settlement with the insurance provider, your lawyer may suggest filing a lawsuit. If he or she does this, the court will determine your case’s outcome.

6. Your Attorney Understands Car Accidents, Negligence, and Liability

Car accident cases are rarely cut-and-dry. You might be facing a claim that you were the negligent party and thus not entitled to recover anything. Your lawyer can help you navigate issues related to determining and proving negligence in your case.

7. Your Attorney Can Help you Obtain the Necessary Evidence to Build a Claim

Evidence to support a personal injury claim can include:

If you do not have all of this evidence, your lawyer can help you obtain it by drawing upon his or her professional network or contacting parties such as your doctor and your employer.

8. Your Attorney will Handle the Hard Work while you Recover

As an injured claimant, you have to focus on your own health and recovery. Your lawyer can remove the burden of interacting with the insurance provider and the court to give you the time and space you need to help yourself recover.

Work with an Experienced Virginia Car Accident Attorney

Working with a personal injury attorney to handle your car accident case is an investment in your likelihood of securing an appropriate settlement. Contact our team at Leavitt & Martin, PLLC online or call 804-873-4004 to set up your free consultation in our office.

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What Can I Expect from a Free Consultation with a Personal Injury Lawyer?

Thu, 11 May 2017 21:21:00 GMT

An injury from a car accident is generally a serious matter. The first thing you should do after the collision is seek medical attention for your injury. The next thing you should do is contact an experienced personal injury lawyer. You need to discuss the possibility of filing a personal injury claim. Virginia is a[...] The post What Can I Expect from a Free Consultation with a Personal Injury Lawyer? appeared first on Leavitt & Martin.

An injury from a car accident is generally a serious matter. The first thing you should do after the collision is seek medical attention for your injury. The next thing you should do is contact an experienced personal injury lawyer . You need to discuss the possibility of filing a personal injury claim. Virginia is a fault state for car accident claims . This means that if another party acted in a negligent manner to cause your accident, you have the right to seek compensation for your related damages. You do so through a claim with his or her automobile insurance provider.

You will Learn About the Personal Injury Claim Process

Most people have not filed a personal injury claim before. It is likely you will enter the meeting without a strong understanding of how the personal injury claim process works and what you can expect from it. They will walk you through the process. They will start with the initial filing of your claim. Then, they will walk you through the process step by step.

Expect a Quote for Services and an Estimate About your Potential Compensation

Your lawyer should be able to glean an estimate of the compensation package he or she will seek on your behalf after reviewing your medical bills, pay stubs, and any other documentation of expenses related to the injury. This is why you should bring all relevant documents to the consultation. If you are not sure whether you should bring a specific document, call the lawyer ahead of time to ask.

Expect to Discuss your Case in Detail and How it Fits into the Personal Injury Claim Process

After giving you a general overview of the personal injury claim process, your lawyer can discuss what you can expect with your unique circumstances. Your lawyer should go over the difference between general and special damages. This includes what you can expect to recover. He or she may also discuss the evidence you have to support your claim. This is evidence such as photographs of the accident and a report. They will also determine whether they need to collect more evidence. Expect to discuss fault with your lawyer. You will explore how you can prove that the other driver was at fault for the collision.

Work with an Experienced Virginia Personal Injury Lawyer

Although you can pursue your car accident claim without a lawyer’s help, it is not recommended that you do so. A car accident lawyer will negotiate with the other driver’s insurance provider. To learn more about the personal injury claim process, contact our team of car accident lawyers. Schedule your free consultation with our firm today.

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What is the Average Cost for a Traffic Lawyer? Guide to Traffic Lawyer Cost

Fri, 28 Apr 2017 10:10:00 GMT

Virginia traffic lawyer's charge fees that vary greatly. See what goes into an attorney fee quote so you know what to expect.

Guide to Traffic Lawyer Cost: What is the Average Cost of a Traffic Lawyer in Virginia?

average cost of traffic lawyer

Many potential clients want to know the traffic lawyer cost, “what is your fee?” The average cost of a traffic lawyer in Virginia will depend on a number of different factors.

Are you dealing with a specialized traffic firm, or a law firm that does traffic work on the side? How much experience does the firm have in traffic law? Does the law firm send associate attorneys (new lawyers) to the court, or does the partner whose name is on the firm letterhead actually go to court? What is the Virginia traffic charge?

In Virginia, there is a HUGE difference between reckless driving by speed (criminal misdemeanor, carries up to a year in jail even for 11 mph over) versus a simple speeding ticket (maximum fine of $250, no potential jail or license suspension by the judge). There is a HUGE difference between a single vehicle accident, and an accident where someone died.

What is the Expected Time Your Case Will Take? How Complex is Your Case?

Any conversation about traffic lawyer cost will naturally revolve around the expected time a particular case may take. Every Virginia lawyer will bill you for their time.

If you call a law firm, and they quote a really low fee, it just means they aren’t going to put time into your case. EVERY lawyer bills for their time. So you have a right to question high fees as well as low fees. Someone who bills TOO HIGH , is probably acting as a contractor and is paying someone else to do the case in court. Someone who charges fees that are TOO LOW , is almost certainly not putting any time or effort into your case.

Most non-complicated traffic cases (speeding, reckless driving) take between 2-5 hours from start to finish. DUI cases and high speed reckless driving, or accident cases take longer, so you should expect the traffic lawyer cost will be higher for these cases.

If you want a high quality traffic lawyer to represent you in court, they are going to spend enough time on your case that your case demands. That may vary based on:

The bottom line is that traffic lawyer cost should be directly tied to the expected amount of time that your attorney expects to spend on your case. You can bring the traffic lawyer cost down by not spending time on the case (having a new lawyer handle the case in court, letting a secretary deal with the client) BUT YOU CANNOT DO THIS WITHOUT SACRIFICING QUALITY .

Traffic Lawyer Cost: Important Factors that Determine Fees

What level of service and experience are you getting? This can be boiled down into one word: quality. Hallmarks of a quality traffic lawyer in Virginia:

The primary determining factors for quality representation in traffic court are WHO is going to court, HOW long have they been specializing in traffic court, DO they have an excellent reputation with the court, and DO you have personal communication with the actual attorney who is handling your case in court? Traffic lawyer cost is going to be related directly to WHO is handling your case in court, and how long they intend to spend on your case.

Leavitt & Martin consists 100 percent in Daniel Leavitt & Corey Martin . We maintain a 100 percent 5 star rating by former clients across all review platforms. We personally handle our cases in court, and we strive to provide the best representation, service, and quality. We know how to prepare each case for court, and we make sure our clients have the information necessary to get the best outcome possible.

Average Traffic Lawyer Cost is Directly Related to the Time Spent on the Case

The average cost of a traffic lawyer should be tied to the expected time that that lawyer spends handling the case from start to finish. Most non complex traffic matters will take 2-5 hours in court. You can find out the average billable hour rate among lawyers in a geographical area and get an idea of an expected range. Complex cases, and more serious cases, take more time to handle from start to finish and you should expect to pay a higher fee if you want quality representation. Factors that add complexity to a case:

Attorney rates vary based on location. Lawyers in Northern Virginia tend to bill more than lawyers in the Richmond area. It makes sense. The cost of living in Northern Virginia, and the cost to operate a law practice is higher in Northern Virginia than in Richmond.

Every lawyer bills for their time. So if you see a quote that is really low, it means they are not actually putting any time into your case. Conversely, if you see a that is too high, it is possible the attorney is acting like a general contractor and then paying someone else to handle your case in court. Some lawyers charge higher fees but then pay other lawyers to go to court.

Make sure that your attorney promises to handle your case in court, and is not passing your case off to someone else. Some attorneys use clever marketing language like “trusted team of traffic lawyers” and such. You need to be careful that whoever you hire promises to personally handle your case in court.

Average Cost for Criminal Defense Lawyer

Criminal cases are often more time intensive than traffic cases. More serious or more time intensive cases will factor into the fee as will the location of the criminal charges. In criminal cases, the cost for a good criminal defense attorney will often depend on the number of charges, whether the charges are misdemeanors or felonies, and whether or not the case is expected to plead out or go to trial. Contested trials always cost more because they take more time. In addition, jury trials always cost more because they take more time.

Once you’ve decided to hire an attorney, you might still have a few questions. Primarily, how much does it cost for a criminal defense lawyer? The cost of hiring a traffic and criminal defense attorney varies depending on several factors. However, a good lawyer with plenty of experience and a solid track record will usually cost a bit more upfront. In the long run, though, you’ll likely save thousands of dollars.

Important Factors to Consider

When determining how much to charge a potential client, many criminal defense attorneys consider a series of factors, including:

Based on an analysis of these factors, an attorney will be able to estimate how much time will be spent in preparing the case.

Case Preparation

Depending on the complexity of a case, preparation could require some or all of the following activities:

A person charged with a single misdemeanor can expect to pay an attorney much less than someone who has multiple felonies pending. Felonies carry greater penalties, require more preparation, and often demand repeat court appearances. However, most cases fall somewhere between these two categories. Misdemeanor DUI charges often go hand in hand with other minor traffic violations. For this reason, someone with a DUI charge can expect to pay more than someone charged with a single misdemeanor traffic violation. Still, their fees will not be as high as those of someone accused of a violent felony.

Finally, it may be tempting to hire an attorney based on cost alone. This isn’t always the best idea. Remember, you get what you pay for. That goes for legal service as well.

Contact an Experienced Criminal Defense Attorney Today

Arrested for or charged with a criminal offense? Please contact Leavitt & Martin today. Call (804) 873-4004 or contact us online . Our office is open from 9:00 a.m. to 5:00 p.m., Monday through Friday. However, we understand that our clients lead a busy life and so make ourselves available 24 hours a day to answer your questions or concerns. We’re also more than happy to arrange a consultation during the evening or on a weekend.

The post What is the Average Cost for a Traffic Lawyer? Guide to Traffic Lawyer Cost appeared first on Leavitt & Martin .

Reckless Driving Virginia Out of State Ticket, What Now?

Thu, 20 Apr 2017 09:00:00 GMT

Reckless driving in VA is really serious for out of state drivers . You would not think that driving 16 mph over the speed limit would be reckless driving. Nor would you think that doing so would result in an AUTOMATIC license suspension from your home state. And yet, that is what happens to many out of state drivers with Virginia reckless speeding tickets.

Did You Get a Virginia Speeding Ticket Out of State? Or Did You Get a Virginia Reckless Driving Out of State Driver Charge?

Virginia Speeding Ticket for Out of State Drivers

I get calls all the time from people with a Virginia speeding ticket who are out of state drivers. The Virginia State Police write a lot of tickets. They ticket Virginia drivers and outofstate drivers frequently. If you are a Virginia driver, then you probably know about reckless driving. There is a big difference between a Virginia speeding ticket and a reckless driving Virginia out of state ticket. So did you get a Virginia speeding ticket out of state or a Virginia reckless driving as an out of state driver ticket? The difference can be significant for out of state drivers charged with speeding or reckless driving in Virginia.

Out of state drivers getting charged with a Virginia speeding ticket or a Virginia reckless driving charge is common. Yet, regardless of the specific circumstances, the offense is a misdemeanor if it is charged as reckless driving. It is punishable by up to one year in jail and a hefty fine as well. If you recently received a ticket for reckless driving, but you live out of state, it is critical to contact an experienced traffic and criminal defense attorney who practices in Virginia. Even Virginia speeding tickets can have hefty penalties for out of state drivers, and sometimes a license suspension.

What is Reckless Driving? And How does my Reckless Driving Virginia Out of State Ticket Impact Me Since I Live Out of State?

Anyone charged with a Virginia reckless driving charge, but lives out of state, is guilty of reckless driving if a prosecutor can demonstrate one of the following:

If you were driving LESS than 86 mph and LESS than 20 mph over the limit then it will be a speeding ticket. A Virginia speeding ticket out of state is better than reckless driving. The potential range of punishment for a speeding ticket is less severe than reckless driving.

Virginia Speeding Ticket Out of State Driver

How will a Virginia speeding ticket effect me? Will this go on my record? Will I get points? Will my insurance go up because of the Virginia speeding ticket? Out of state drivers call me all the time. And these are common questions I get. When I talk to someone charged with a Virginia speeding ticket, I first try to verify their charge. As noted above, reckless driving in Virginia can be 16 mph over the limit. So I need to make sure if people are charged with a Virginia speeding ticket or reckless driving.

A lot of people tell me they have a speeding ticket but they mean reckless driving. There is a big difference. A Virginia speeding ticket carries the following potential range of punishment:

For out of state drivers, the consequences can be more severe. Many states have special rules on speeding tickets. For example, in North Carolina, if you are driving in a 55 mph zone and drive 15 mph or more over the limit then you are subject to an automatic license suspension. In addition, the North Carolina penalties for a speeding ticket for insurance can be severe. It is always important to get it reduced as low as possible in all states.

If you have a Virginia speeding ticket, you need to be aware that your insurance company may significantly increase your rates, or they may get rid of good driver discounts. And you may not even know the consequences until it is too late. In my experience, people often call 6 months to 3 years after a ticket and that is when the insurance increase happens. At that point, there is nothing we can do.

Reckless Driving in VA: Everything you Need to Know about Virginia Reckless Driving

Virginia reckless driving and speeding

In Virginia, anything over 85 mph is reckless driving and it is a criminal misdemeanor. It does not matter if you live out of state. Virginia decides what constitutes reckless driving, and whether it is a criminal misdemeanor or not. Your home state, if you live out of state, has no say in the matter. If you are convicted, it leaves you with a permanent criminal record across all 50 states if you are convicted. That conviction never goes away and can never be expunged. Potential out of state consequences for Virginia reckless driving:

Even if an out of state driver’s actions do not fall under the Virginia reckless driving by speed law, a reckless driving charge is still possible. Under Virginia’s catch-all provision , it a crime to drive a vehicle at a speed or in a manner that endangers the life, limb, or property of another person. As long as a police officer is willing to testify that your driving endangered others, a Virginia reckless driving charge is possible.

What Can We Do to Help Fix the Virginia Speeding Ticket for an Out of State Driver?

Reckless driving and speeding ticket solutions

Just because you face consequences that are potentially severe does not mean that is the end of the story. We specialize in Virginia speeding tickets and reckless driving tickets and many of our clients are out of state drivers. The reasons that most people hire me are:

When an out of state driver calls me about their Virginia speeding ticket, I try to gather as many facts as possible about their case. I want to know exactly what court the case is in, the alleged speed cited, the driving record, etc. This will give me a much better idea of what to expect for any given case. I know what to expect for each particular case, and I will honestly advise clients and potential clients about what to realistically expect in each case.

Leavitt & Martin can Usually Get Your Virginia Speeding or Reckless Driving Ticket Reduced or Dismissed Even When you are an Out of State Driver

The outcome on any given speeding or reckless driving ticket can hinge on a number of factors unique to each case:

Some charges can get dismissed based on a legal defense. Others get dismissed or reduced with driving school, or by agreement with the prosecutor (if you are in a jurisdiction where they get involved). And in other jurisdictions the judge will reduce or even dismiss the case even when there is no legal defense. Common reductions to Virginia speeding tickets and reckless driving tickets for out of state drivers include:

All of these factors play a role in what ultimately happens with your reckless driving charge. Out of state clients need to be aware of what to expect in any given case. No attorney can guarantee a result ethically, but if you specialize in traffic work in Virginia, you should know what to expect.

What is Considered Reckless Driving in VA?

The reckless driving by speed law in Virginia is by far the most commonly written reckless driving charge. Police are on the major highways, I95, I85, and I64 enforcing these speeding and reckless driving laws. Many people consider some areas to be speed traps . Either way, enforcement is high when it comes to speeding in Virginia. So take care to watch your speed. If you find yourself with a speeding or reckless driving ticket, you will want to get it reduced as low as possible. Here are some of the other reckless driving laws in Virginia:

Reckless driving Virginia Out of State Drivers: § 46.2-853 Driving vehicle which is not under control; faulty brakes

Virginia Reckless driving Out of State Drivers § 46.2-854 Passing on or at the crest of a grade or on a curve

Reckless driving Virginia Out of State Drivers § 46.2-862 Exceeding speed limit

Reckless driving Virginia Out of State Drivers § 46.2-863 Failure to yield right-of-way

Reckless driving Virginia Out of State Drivers § 46.2-864 Reckless driving on parking lots, etc.

Reckless driving Virginia Out of State Drivers § 46.2-865 Racing; penalty

Reckless driving Virginia Out of State Drivers Mitigating Factors

Those convicted of reckless driving who are licensed out of state can have their licenses suspended for up to six months. They can also have six points added to their license, pay a fine as much as $2,500, and even spend time in jail. Fortunately, judges do take certain mitigating factors into account, such as:

In some cases, a judge will reduce a Virginia out of state reckless driving charge to a charge of improper driving. This is a traffic infraction that is punishable by a fine of $500. This charge only carries three DMV points and falls off the driver’s record after three years if you are licensed in Virginia. A driver, especially from out of state, is much more likely to have the charge reduced with the help of an attorney.

What are the Penalties for a Virginia Speeding Ticket when you Live Out of State?

If you are charged with a Virginia speeding ticket and you live out of state, then you want to make sure that you address the ticket. Speeding tickets in Virginia carry points, and those points almost always transfer to your home state. In addition, if you live out of state, your insurance may raise your rates for a Virginia speeding ticket. In today’s day and age, insurance companies do not like drivers who speed. Traffic school, or defensive driving courses SOMETIMES help.

Many people believe that getting a speeding ticket out of state will magically not impact them in their home state but that is not the case. DMV administrators across all 50 states share information with each other. There is a uniform speeding code to allow DMV’s to communicate with each other. This means that your out of state speeding ticket in Virginia will be reported to your home state.

The Virginia speeding ticket laws are found HERE . Law section 46.2-870 is the most commonly written speeding ticket in Virginia. At Leavitt & Martin , we are experienced challenging these Virginia speeding tickets for out of state drivers. Call today for a free consultation.

Consequences for Out of State Drivers Charged with Virginia Reckless Driving

Those charged with reckless driving in Virginia may face consequences in their home state as well. The Interstate Driver License Compact is an agreement between some states. This means your home state might penalize for a charge in another state. In other words, you could be facing even worse penalties. As a Virginia defense attorney, I look for reckless driving defenses. If there is one, I can complete dismissal for outofstate drivers or drivers in Virginia.

At Leavitt & Martin, we take phone calls every week from people who want to expunge a reckless driving charge or speeding ticket. Usually, they are calling because they are facing one of the following:

When people call in this situation, I usually cannot help. Once you are convicted, you have a limited right to appeal or file a motion to reopen. The bottom line is that these are costly tickets and it is always best to get them reduced as low as possible.

Will My Home State Find Out About my Reckless Driving Virginia Out of State Ticket? How about a Virginia Speeding Ticket Out of State Driver?

When you are convicted of reckless driving, the Virginia DMV notifies your home state for out of state drivers. Many states like, Connecticut, Michigan, Georgia, Washington D.C., and others have provisions where reckless driving will trigger an automatic license suspension for up to 6 months as well. So for out of state drivers, a Virginia reckless driving charge is often MORE serious.

The problem is that you will probably not find out until it is too late to change it or do anything about it. It often takes 30-60 days for your out of state dmv to find out about the Virginia reckless driving conviction and then they have to notify you of the license suspension. In the meantime, you only get up to 60 days to file a motion to reopen in Virginia. We can probably help you avoid all of these issues, if you hire us BEFORE you get convicted of your Virginia reckless driving out of state ticket.

Virginia Speeding Ticket Out of State

Can I just pay the ticket? Virginia speeding tickets are traffic infractions. So you can pay the ticket. If you pay the traffic ticket fines, they you will have demerit points. Virginia is part of the driver license compact. We report traffic violations to every state. Your home state will give you demerit points for traffic tickets. Insurance premiums increase for traffic tickets.

Reckless driving by speed is different. If you are charged with reckless driving, you cannot pay the ticket without severe consequences. Virginia traffic law says you cannot prepay reckless driving. It is a Virginia criminal offense. You do not always have to appear in court. Often, you can hire a reckless driving attorney or ticket lawyer to go to court for you. Every court has their own rules on when you need to appear in court.

Even if your Virginia traffic tickets or traffic violations are prepayable, you might want to fight the tickets. Our law firm can usually avoid demerit points or get the ticket dismissed. If you pay the ticket you will face:

Virginia traffic tickets are costly. An experienced ticket lawyer can often get traffic violations dismissed. Sometimes the judge will dismiss with a driver improvement course and sometimes a defense lawyer can outright avoid demerit points. If you drove above the posted speed limit, don’t just pay the fines. Call our law firm and we can help.

Contact an Experienced Traffic and Criminal Defense Attorney Today Who Has Handled Thousands of Virginia Reckless Driving Out of State Tickets

When you look for a defense lawyer, look for don’t just look for any Virginia defense attorney. Look for a specialized traffic ticket lawyer and reckless driving attorney who knows reckless driving defenses.

Did you receive reckless driving Virginia out of state ticket and need help? A traffic ticket lawyer can often help with your traffic offense. Contact Leavitt & Martin as soon as possible. Call (804)873-4004 to schedule a free consultation with an experienced traffic and criminal defense attorney .

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How to Choose a Traffic Attorney

Wed, 12 Oct 2016 18:06:00 GMT

When you or a loved one receives a traffic citation or summons, from a minor infraction to a class 1 misdemeanor like DUI/DWI, Reckless Driving, or Driving While Suspended, it is important to know what to look for when choosing a traffic attorney that is right for you. If you contact different attorneys, you will find there is a broad range of legal fees depending on which firm you select; and paying more money does not mean you are getting better representation in court. I have highlighted a few factors that I think are important in helping you to make your decision.

Attorney/Client relationship : When you are considering who to choose, you need to consider how accessible the attorney is. When you contact the attorney, are you speaking with a paralegal, legal assistant, or the actual attorney who is handling your case? Does the attorney return your emails and calls in a timely manner? You want to make sure the attorney who represents you keeps in contact with you and answers your questions/concerns.

Price : Some firms charge really low fees, and others charge really high fees. You will find there is a broad range of fees when you consult with different attorneys. Any quoted fee should be reflective of the complexity of your matter. If you are charged with a DUI, second offense within five years (which carries mandatory jail time) you should expect to pay more than if you stand charged with a first offense DUI with a low blood alcohol content. Likewise, you should expect to pay LESS for a reckless driving by speed charge at 81 mph in a 70 (generally not going to carry jail time) versus a reckless driving by speed charge at 110 mph in a 70 (where jail time is a near certainty).

If you are charged with a class 1 misdemeanor and someone quotes a really low fee, I would question how much work that attorney is going to put into the case. I see firms that handle a very high volume of cases. In my experience, really low fees combined with high volume means less personal attention that the firm can put into your case. And the representation naturally suffers. Recently, a representative of one such firm incorrectly told the judge that their client’s charge carried a mandatory jail sentence of ten days. And the client was sentenced to ten days in jail! Unfortunately, this attorney was wrong. The charge did NOT carry mandatory jail time. Perhaps if the attorney had spent a little more time understanding the law, their client would have received no active jail time.

Likewise, if an attorney quotes a really high fee, I would want to know why the fee seems so out of line with other attorneys. Any quoted fee should reflect the difficulty in handling your case, and the personal attention the attorney will spend on you and your case. If someone quotes a really high fee in relation to the complexity of the matter, I would question the reason for the high fee. Really low fees, and really high fees may be a red flag that you are not getting the best representation.

Experience in the particular court your case is in : It is important that you choose an attorney who has experience working with the clerks, the deputies and police officers, the prosecutors, and most importantly the judge who will hear your case. You will want to find out how much experience the attorney has in a given court so they can advise you accurately as to what to expect.

Honest representation: No attorney can ethically guarantee a result. You do not want to select an unethical attorney. I tell prospective clients my honest evaluation of their case. If I think it is a tough case, I will advise the prospective client honestly and make recommendations to improve their chances of getting a good result.

Experience trying cases : You want an attorney who has experience actually trying cases. Trying a case means pleading not guilty and putting on a full trial. Not every case should be handled this way for various reasons. Many times the client admits guilt, and sometimes a cost/benefit analysis shows it is not worth it to try the case because you can get a great outcome without putting on a full trial.

However, there will be cases where there is a legal defense, or the record or facts are so bad that the best way to proceed is to try the case. You want to find an attorney who has particular experience trying your type of case. There are many attorneys in traffic court who I have never seen actually try a case. Don’t be afraid to ask any prospective attorney about their experience trying even a simple speeding ticket. Ask them how you challenge the radar/lidar. Ask them what code section governs the admissibility of radar/lidar. If they cannot answer basic questions like these, then it may be an indication of a lack of experience. Ask them how many cases they have had fully dismissed after a real trial (dismissals after traffic school don’t count since that is not a real trial).

The bottom line when choosing any attorney is that you must be comfortable with the representation. You should be comfortable with the attorney/client relationship you are entering into, you should be comfortable with their experience and competence in handling your case, and you should be comfortable with their fee.

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Reckless Driving by Speed

Sat, 01 Oct 2016 18:05:00 GMT

I get phone calls all the time and people will frequently start the conversation by saying they received a speeding ticket. More often then not, I am able to clarify they are really charged with Reckless Driving by Speed, and not simple speeding. Reckless Driving by Speed is a class 1 misdemeanor offense, which carries[...] The post Reckless Driving by Speed appeared first on Leavitt & Martin.

Reckless Driving by Speed is a class 1 misdemeanor offense, which carries a possible jail sentence of 0-12 months, a fine of $0-2500, and a possible license suspension of up to six months. If you are convicted of Reckless Driving by Speed, no matter what state you reside in, you will have a misdemeanor criminal record regardless of what happens to your driving record.

By contrast, simple speeding is a mere traffic infraction. It does not carry the possibility of jail time, and the fine can range from $0-250. If you are convicted of simple speeding there will be no criminal record.

Virginia’s Reckless Driving by Speed law is 46.2-862. The law makes it a misdemeanor to drive EITHER twenty or more miles per hour over the posted speed limit OR in excess of eighty miles per hour, regardless of the speed limit. So you can be convicted of reckless driving for driving 81 mph in a 70. It does not matter that your home state, or your licensing state does not treat your speed as reckless driving. The fact that Virginia criminalizes it means that if you are convicted you will have a misdemeanor record.

Many people believe that to prove reckless driving, you must show weaving, tailgating, swerving, or other reckless behavior. That is not true in Virginia. In Virginia, the Commonwealth must only prove you were driving your vehicle EITHER twenty or more mph over the speed limit OR that you were driving in excess of 80 mph.

If you are charged with this offense you should take this very seriously. I frequently get phone calls from people who are fired from their jobs three to six months after being convicted of Reckless Driving by Speed for simply driving 81 mph in a 70. When their employer finds out three to six months later, they lose their job because of the misdemeanor. And then they contact me to see what they can do about it. However, at that point it is too late.

In this economy it is difficult enough to find work. If an employer has to choose between two equally qualified candidates do you think they will choose the candidate with a clean criminal record or the candidate with a misdemeanor? If you find yourself charged with this offense, contact a knowledgable traffic attorney. Depending on the facts of your case, you can often get your charge reduced so it is not a misdemeanor, or even dismissed.

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Danger of Not Contesting Reckless Driving Charge

Thu, 15 Sep 2016 18:04:00 GMT

What follows is part of a blog post published on the Washington Post that highlights the dangers in not treating a Reckless Driving by Speed charge seriously: “Meet Kenny Johnson. In February, he was driving with a friend to a funeral in North Carolina. While in southern Virginia, his companion got a little antsy and[...] The post Danger of Not Contesting Reckless Driving Charge appeared first on Leavitt & Martin.

What follows is part of a blog post published on the Washington Post that highlights the dangers in not treating a Reckless Driving by Speed charge seriously:

“Meet Kenny Johnson .

In February, he was driving with a friend to a funeral in North Carolina. While in southern Virginia, his companion got a little antsy and told Johnson to pick up the pace a little. A few minutes later, he was pulled over by an Emporia police officer and ticketed for doing 81 mph in a 70 mph zone.

Because the city of Emporia treats speeding offenses over 80 mph as “reckless driving,” as they are allowed to under Virginia law, the officer also cited him for that misdemeanor offense. It was his first ticket in 22 years.

Two months later, Johnson got a letter from the D.C. Department of Motor Vehicles informing him that the perfunctory speeding violation was enough for him to lose his license for six months.”

What the blog failed to mention is that Mr. Johnson did not contest this charge AND/OR failed to hire an attorney to contest his charge. Because he failed to treat this seriously, he now has a misdemeanor criminal conviction as well as some unforeseen consequences in his loss of license. D.C. is not the only jurisdiction to do this. I have represented clients in Michigan and New Hampshire who both had their licenses suspended for three months (Michigan) and two months (New Hampshire) because they did not treat this charge seriously and contest the charge. Since they were convicted of reckless driving in Virginia, their own state suspended their license. I had to file a motion to reopen the case after the fact and fix the situation. Fortunately, both clients hired me within sixty days of their convictions in Virginia and I fixed them both and got them both reduced charges that were not misdemeanors and therefore carried no license suspension.

Don’t make the mistake of believing this is a simple speeding ticket. If you are charged under Virginia Code 46.2-862 then you are charged with a criminal misdemeanor and you may be subject to having your license suspended in your own state.

To read the full blog of the quoted section above click here.

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Texting While Driving in Virginia

Wed, 07 Sep 2016 18:03:00 GMT

Virginia drivers take caution. Texting while driving in Virginia will now be considered a primary offense. The law has been a secondary offense, which means the police cannot pull you over ONLY for texting while driving. However, starting Monday it will become a primary offense and the police can pull you over for this offense[...] The post Texting While Driving in Virginia appeared first on Leavitt & Martin.

It may seem like a good idea. However, how will the officer know by looking at a passing vehicle moving quickly that the operator is actually texting versus dialing a phone number? Using a cell phone while driving is not illegal in Virginia. The law that prohibits texting while driving states:

§ 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

It prohibits the following actions:

A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person; or

This law is poorly written. As written, it does not prohibit typing out a note into your smartphone, or searching the internet. You can still use your keypad, just not for communicating with someone else.

The main problem with this law is that it gives officers too much latitude in initiating a traffic stop. I’m concerned that officers will pull people over who may simply be calling someone while driving. Entering phone numbers in a phone (perfectly legal) looks identical to entering text into a phone (illegal for the purposes of communicating with someone else). How would an officer be able to tell the difference without actually looking at the phone?

Virginia’s law regarding window tint suffers a similar flaw. Since officers are not required to be tint meters, they can pull you over if they THINK your tint MIGHT be too dark. How can an officer really tell if window tint is too dark at night? They cannot. Yet many courts will allow the traffic stop because they say officers are not required to be tint meters.

The result is that officers can pull people over for essentially no reason. I have had many clients stopped for window tint alone, and their window tint turned out to be perfectly legal. And I cannot see how this texting while driving law will be any different. There is no way an officer will be able to tell if someone is using their phone to communicate with someone else, or using it to dial a number, or browse the internet. Take caution before using your phone, even for something perfectly legal.

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A Note About Fees for Reckless Driving

Mon, 29 Aug 2016 18:02:00 GMT

People frequently ask me what my fee is. Sometimes it is the first question they ask. I understand that it is important, especially in this economy, to be discerning about how we spend our money. However, if the first thing out of the mouth of a potential client is “what do you charge?” it is[...] The post A Note About Fees for Reckless Driving appeared first on Leavitt & Martin.

1. Reckless driving is a serious offense : Reckless driving is a class 1 misdemeanor offense that carries the potential for jail time, high fines, and if convicted it gives you a misdemeanor criminal conviction for the rest of your life. My point is that it is a serious offense.

2. Not all attorneys are the same : I have personally witnessed a “low-price firm” that offers a “low-price guarantee” send a new and inexperienced associate into court and that attorney incorrectly advised the court that their client faced a mandatory ten days in jail for a driving charge. The information was completely wrong, but the attorney did not know the law. Guess what the client got? Ten days in jail, and all because of that attorney’s malpractice.

That is an extreme example of really poor representation, however it is not uncommon. I recently had a discussion with another attorney who mentioned how poorly one particular low price firm represents clients because the new attorney they sent to court essentially bad-mouthed the firm’s own clients and had no idea how to present a case to the judge. Sometimes attorneys represent clients with bad driving records. But there is a good way to present bad information, and there is a bad way.

If you have a bad driving record, there are things you can do to minimize the consequences and improve the chances of getting a great result. It is often the difference between getting a conviction and getting a reduction. The problem is that when you offer a low price guarantee (without even knowing what someone’s driving record looks like) you are advertising that all cases are the same when they are not. Judges do look at driving records and they do convict people even at low speeds if the record is bad. Firms that charge really low fees need to make up for the low fees with high volume. So the question becomes, is the new and inexperienced attorney who actually goes to court putting more time and effort into the cases that require more time and attention?

3. Not all cases are the same : In some cases (because we have a tough judge or the record is terrible or the speed is so high) the best way to proceed is to try the case. I have won the last four cases I tried for reckless driving with bad facts because I found a legal defense for my clients. In one case the client had more than five recent convictions. Another client was driving 96 mph and insisted he was driving 75. The last two were driving 28 mph over the speed limit with a judge who had a rule that at 25 mph or more over the limit he would convict. Interestingly, after I plead two clients Not Guilty and successfully challenged the radar that policy changed. The judge will now reduce some cases over 25 mph.

If you represent enough clients you will have to try a case. By that I mean you will have to plead a client Not Guilty and actually put on a full blown trial. I have never witnessed a firm with a low price guarantee try a case. In general I have seen them send new attorneys who do not know what they are doing into court to “defend” the case. What that tells me is they are not looking for legal defenses like calibration issues and radar issues.

I promise to charge a reasonable fee for my services, and that fee includes full representation and responsive service when you deal with me. When you call, you will speak to me directly and not a paralegal or assistant. I will honestly and fully advise you of the best way to proceed. And I promise NOT to offer a low price guarantee, because I find that a low price guarantee often equates to a low quality guarantee based on what I have seen in court.

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VIRGINIA 46.2-829: FAIL TO YIELD TO EMERGENCY VEHICLE

Tue, 23 Apr 2013 21:45:00 GMT

Failure to Yield to an Emergency Vehicle Charge Dismissed in Virginia Today in Sussex General District Court, I represented a client charged under the Code of Virginia section 46.2-829 which states: “Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way: Upon the approach of any emergency vehicle…giving audible[...] The post VIRGINIA 46.2-829: FAIL TO YIELD TO EMERGENCY VEHICLE appeared first on Leavitt & Martin.

Failure to Yield to an Emergency Vehicle Charge Dismissed in Virginia

Today in Sussex General District Court , I represented a client charged under the Code of Virginia section 46.2-829 which states:

Due to its status as an “infraction” in Virginia, failing to yield to an emergency vehicle does not carry jail time (unless you pass an emergency vehicle with its lights on). This does not mean, however, that it is a charge to take lightly. If convicted, this infraction can be fined up to $250 and (more importantly) carries 4 points on your driving record in Virginia which is the same amount as a speeding ticket.

In this particular case, my client was given a ticket after she passed a State Trooper’s vehicle which was pulled over on the side of the road. I was able to present a defense which allowed for my client’s charge to be completely dismissed.

If you have received a ticket for Failure to Yield to an Emergency Vehicle in Virginia, contact me as soon as possible to discuss your case.

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COLONIAL HEIGHTS FELONY CHARGE REDUCED

Wed, 20 Mar 2013 19:33:00 GMT

Distribution of Marijuana Felony Charge Reduced in Colonial Heights, Virginia Today in Colonial Heights General District Court, I represented a client charged with a serious Distribution of Marijuana class 5 felony under the Code of Virginia section 18.2-248.1 which states: “§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or[...] The post COLONIAL HEIGHTS FELONY CHARGE REDUCED appeared first on Leavitt & Martin.

Distribution of Marijuana Felony Charge Reduced in Colonial Heights, Virginia

Today in Colonial Heights General District Court, I represented a client charged with a serious Distribution of Marijuana class 5 felony under the Code of Virginia section 18.2-248.1 which states:

In the Commonwealth of Virginia, a Class 5 Felony is punishable by:

I was able to get my client’s felony reduced to a misdemeanor Possession of Marijuana charge, which has much less of a negative impact.

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NEW KENT RECKLESS DRIVING TICKET REDUCED

Thu, 14 Mar 2013 20:51:00 GMT

Reckless Driving Ticket (60/35) in New Kent County, Virginia Reduced to a Speeding Ticket (54/35) Infraction Today in New Kent County Traffic Court, my client was charged with reckless driving (46.2-862) for going 60 mph in a 35 zone. This was a serious charge in that it was 25 mph over the speed limit and[...] The post NEW KENT RECKLESS DRIVING TICKET REDUCED appeared first on Leavitt & Martin.

Reckless Driving Ticket (60/35) in New Kent County, Virginia Reduced to a Speeding Ticket (54/35) Infraction

Today in New Kent County Traffic Court, my client was charged with reckless driving (46.2-862) for going 60 mph in a 35 zone. This was a serious charge in that it was 25 mph over the speed limit and a class 1 misdemeanor.

Fortunately, I was able to present a case in which the judge allowed for my clients charge to be reduced to a speeding ticket of 54/35. By doing so, her charge was reduced from a misdemeanor to an infraction; therefore it will not show up on her criminal record.

If you have a pending speeding or reckless driving ticket in New Kent County, Virginia , contact me as soon as possible to discuss your case.

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RECKLESS DRIVING TICKET REDUCED IN DINWIDDIE CIRCUIT COURT

Wed, 13 Mar 2013 21:18:00 GMT

Reckless Driving Ticket Appeal in Dinwiddie Circuit Court Before the client retained me, he was unable to appear in Dinwiddie Traffic Court for his trial. As a result, he was convicted of Reckless Driving (85/70) in his absence. After learning the consequences of a Reckless Driving conviction, he decided to hire me to appeal his[...] The post RECKLESS DRIVING TICKET REDUCED IN DINWIDDIE CIRCUIT COURT appeared first on Leavitt & Martin.

Reckless Driving Ticket Appeal in Dinwiddie Circuit Court

Before the client retained me, he was unable to appear in Dinwiddie Traffic Court for his trial. As a result, he was convicted of Reckless Driving (85/70) in his absence. After learning the consequences of a Reckless Driving conviction , he decided to hire me to appeal his conviction to Dinwiddie Circuit Court. Please note that a Speeding Ticket or Reckless Driving Ticket conviction in any General District Court in the Commonwealth of Virginia can be appealed to Circuit Court within 15 days of conviction.

When the trial in Circuit Court came up two months later, I was able to reach a plea bargain with the prosecutor in which my client would plead guilty to “Defective Speedometer,” a non-moving violation which carries no points in Virginia, instead of a Reckless Driving (Misdemeanor) conviction.

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WAVERLY VA DISMISSED RECKLESS DRIVING TICKET

Tue, 12 Mar 2013 21:50:00 GMT

Reckless Driving Ticket in Waverly, VA Dismissed The City of Waverly Police Department often write tickets on Rt. 460, taking advantage of the multitude of Speed Limit changes. Often times, a speed trap can be spotted within a short distance of a lower posted speed limit sign. As a result, many commuters are cited with[...] The post WAVERLY VA DISMISSED RECKLESS DRIVING TICKET appeared first on Leavitt & Martin.

Reckless Driving Ticket in Waverly, VA Dismissed

The City of Waverly Police Department often write tickets on Rt. 460, taking advantage of the multitude of Speed Limit changes. Often times, a speed trap can be spotted within a short distance of a lower posted speed limit sign. As a result, many commuters are cited with both Speeding and Reckless Driving tickets . The City of Waverly is located within Sussex County; therefore, defendants charged with traffic offenses report to Sussex General District Court .

In this particular case, the defendant received a Reckless Driving ticket for going 69 in a 45. The charge began in Sussex General District Court , but due to the severity of the charge as well as the facts and circumstances of the case, we appealed to Circuit Court. During a trial in Sussex Circuit Court, I presented an argument which convinced the prosecution to drop the case.

If you have received a Speeding or Reckless Driving Ticket in Waverly, VA, contact me as soon as possible to discuss your case. My rates are reasonable and I offer a free consultation. Don’t let your charge(s) in Waverly, VA go unrepresented: Contact an experienced lawyer in Waverly, Virginia today.

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GREENSVILLE – RECKLESS DRIVING DISMISSED

Wed, 20 Feb 2013 20:12:00 GMT

Dismissed Reckless Driving Ticket in Greensville County, Virginia Today in Greensville County, VA Traffic Court, I was able to get my client’s Reckless Driving ticket completely dismissed. The post GREENSVILLE – RECKLESS DRIVING DISMISSED appeared first on Leavitt & Martin.

Dismissed Reckless Driving Ticket in Greensville County, Virginia

Today in Greensville County, VA Traffic Court , I was able to get my client’s Reckless Driving ticket completely dismissed.

The post GREENSVILLE – RECKLESS DRIVING DISMISSED appeared first on Leavitt & Martin .

DINWIDDIE – DISMISSED RECKLESS DRIVING CHARGE

Thu, 14 Feb 2013 19:39:00 GMT

Dismissed Reckless Driving Ticket in Dinwiddie County, Virginia Today in Dinwiddie General District Court, my client was found not guilty after a trial in Dinwiddie Traffic Court. By being found not guilty, he avoided possible jail time, a large fine, license suspension, and points on his driving record. Reckless driving dismissals don’t happen every day.[...] The post DINWIDDIE – DISMISSED RECKLESS DRIVING CHARGE appeared first on Leavitt & Martin.

Dismissed Reckless Driving Ticket in Dinwiddie County, Virginia

Today in Dinwiddie General District Court, my client was found not guilty after a trial in Dinwiddie Traffic Court. By being found not guilty, he avoided possible jail time, a large fine, license suspension, and points on his driving record.

Reckless driving dismissals don’t happen every day. Typically cases can be dismissed only in the case of an error by the officer, by a legal argument, or after driving school.

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