Carleton Penn III’s Answers

Carleton Penn III

Fairfax Speeding / Traffic Ticket Lawyer.

Contributor Level 12
  1. Could I be convicted of a first offense DUI?

    Answered about 1 month ago.

    1. Carleton Penn III
    2. Timothy Kevin Wilson
    3. Taejin Christina Pendleton
    4. Matthew Oberlin Williams
    5. Mark Randolph Matney
    6. ···
    8 lawyer answers

    I agree with fellow counsel to retain an experienced DWI attorney familiar with your jurisdiction NOW. Minute details determine whether you can avoid conviction for DUI. Was the mobile home park on private property? Were the streets controlled by a homeowner's or other private authority? Can the time of driving be proven ie will the owner of the home say what time your car pulled into his driveway? What statements were made to police? What questions were answered? How heavy of a sleeper are...

    11 lawyers agreed with this answer

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  2. Officer stop me for driving with suspended license first offense I have DUI2 , but check as"habitual offender and impounded car

    Answered about 1 year ago.

    1. Carleton Penn III
    2. David A Oblon
    3. Kevin Reese Pettrey
    4. John-Paul Patrick Gilson
    5. Brenton Daniel Vincenzes
    5 lawyer answers

    Habitual Offender is a status whereby you were declared by the Circuit Court upon 3 qualifying offenses like being Driving While Intoxicated, Drive While Suspended or Hit and Run committed within a 10 year time frame. Virginia no longer declares people Habitual Offender as those code sections were repealed years ago. Get your DMV transcript and contact an attorney as soon as possible to get your car out of impound. A Petition may be filed in the general district court where you were arrested...

    10 lawyers agreed with this answer

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  3. My friend wants to have his DUI felony to be expunged I think he has a few...how hard is it to get them off, what is the process

    Answered about 1 year ago.

    1. Carleton Penn III
    2. Rixon Charles Rafter III
    3. Derek Anthony Patrin
    3 lawyer answers

    Expungement is the process where any notation of the arrest or citation is removed from the records. Virginia does not allow for record expungement except in very narrow circumstances and is limited "to those that are truly innocent" such as those that were found not guilty, had the charge nolle prossed or "dropped" or had their identity stolen or assumed by another. If he was convicted, his only route for relief is a pardon from the governor.

    10 lawyers agreed with this answer

  4. Several years ago I was found guilty of a Class 1 Misdemeanor of writing a bad check. Can I be cleared of this?

    Answered 7 months ago.

    1. Carleton Penn III
    2. Mark Steven Paullin
    3. Jason Meyer Krumbein
    3 lawyer answers

    Expungement is the process where any notation of your arrest or citation is removed from the records. Virginia does not allow for record expungement except in very narrow circumstances and is limited "to those that are truly innocent" such as those that were found not guilty, had the charge nolle prossed or "dropped" or had their identity stolen or assumed by another. If you were convicted, your only route for relief is a pardon from the governor.

    9 lawyers agreed with this answer

  5. Recent DUI was dismissed completely. Now I have been told it can or needs to be expunged. How do I do that and is there a cost

    Answered over 1 year ago.

    1. Carleton Penn III
    2. Stephen Patrick Pfeiffer
    3. James Donald Garrett
    4. Howard C Williams
    5. Anthony Michael Solis
    6. ···
    6 lawyer answers

    If you were not convicted, you must obtain a certified copy of the court disposition in EVERY jurisdiction you were arrested. A Petition for Expungement must be filed in the Circuit Court of that jurisdition along with your fingerprints. After a period of time, the Commonwealth will file an answer to determine whether your petition is opposed or not. A hearing must be scheduled for the court to decide whether the Petition for Expungement will be granted. You have filing fees to pay as well as...

    9 lawyers agreed with this answer

  6. The fire alarm was pulled at the hotel I was in, no charges filed, but I was accused and questioned. What to expect?

    Answered 7 months ago.

    1. Carleton Penn III
    2. Jennifer Raimo
    3. Jonathan L Katz
    4. J. Denise Carter
    5. Jay Scott Finnecy
    5 lawyer answers

    Possibly. Most hotels now have an elaborate security system that monitor common areas of the hotel. These security tapes can often provide great evidence on your behalf. I just had a case last week where the hotel video, when looked on a laptop, did not show anything. The police repeated what the complainant said the video did not disagree. But shown on a big screen video, the video borne out my client's version of events. Had the officer not provided me with a copy and seen on a big screen,...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Im on parole and also under strict compliance with asap. My dad drove my car while i was at work and violated the breathalizer.

    Answered 7 months ago.

    1. Carleton Penn III
    2. Alexander Joseph Conn
    3. Stephen Patrick Pfeiffer
    4. Julia E. Simmons
    5. Jerome Weldon Matthews Jr
    6. ···
    6 lawyer answers

    An attorney will know your jurisdiction, judge and policies. If you were happy with the attorney who represented you earlier, contact him/her NOW. If you were not happy, find an experienced criminal defense attorney from the area of your court. DO NOT DELAY. Your boss/supervisor will have to appear in court at your hearing who can swear under oath, without question, that you were at work at the time of the alleged violation; your dad will also have to appear in court at your hearing to swear...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I get felonies off my record?

    Answered about 1 year ago.

    1. Carleton Penn III
    2. Stephen Patrick Pfeiffer
    3. Rixon Charles Rafter III
    3 lawyer answers

    Expungement is the process where any notation of your arrest or citation is removed from the records. Virginia does not allow for record expungement except in very narrow circumstances and is limited "to those that are truly innocent" such as those that were found not guilty, had the charge nolle prossed or "dropped" or had their identity stolen or assumed by another. If you were convicted, your only route for relief is a pardon from the governor.

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  9. Can I get this Out-Of-State Speeding ticket in Virginia reduced?

    Answered over 1 year ago.

    1. Carleton Penn III
    2. James Donald Garrett
    3. Michael R Crosner
    3 lawyer answers

    I would first get a certified speedometer calibration to see if your speedometer is functioning properly. I would then have you get a current copy of your NC driving record. I have had clients hire me from out of state just so they would not have to appear. To avoid a license suspension would be for you to determine if that is true for NC speeding offenses. I appear in Fauquier and would be happy to assist and review my AVVO profile. CPIII

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  10. What are my chances of reckless driving ticket case dropped with -10 DMV points. I had completed my driving improvement previous

    Answered 6 months ago.

    1. Carleton Penn III
    2. Matt Clay Pinsker
    3. H. Eugene Oliver III
    3 lawyer answers

    Your DMV record is not going to engender any sympathy, quite the contrary. You had better get your speedometer calibrated, take pictures of the signage of the road and explore all viable defenses that are available. You are probably looking at DMV action or intervention as well. Any conviction is not subject to being expunged. You better hire good counsel on this one as Reckless Driving is punishable as a Class One Misdemeanor with a jail sentence up to 12 months, fine up to $2,500 and...

    8 lawyers agreed with this answer

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