Joseph Mcgrath’s Answers

Joseph Mcgrath

Richmond DUI / DWI Attorney.

Contributor Level 7
  1. I got a dui 3rd in Maryland ,December 2013, I did 90 days rehab, and about 115 aa meetings

    Answered 2 months ago.

    1. Jonathan D. Esten
    2. Paul McGlone
    3. Joseph Mcgrath
    4. John Anthony Manuel Boneta
    4 lawyer answers

    You should get a compliance summary and driving record from VA DMV. This may help you to understand how and why the "conviction" was recorded. ( I say conviction because only a conviction would post, matters held by the court for future determinations are not final) It is possible that the problem can be rectified by the Maryland Court since it was by its communication that the "conviction" was posted. If the conviction is entered as final judgment in Maryland, VA DMV will revoke your...

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  2. Reckless driving in Henrico

    Answered over 1 year ago.

    1. Joseph Mcgrath
    2. Cassie Lynn Baudean
    3. Victoria Lee Allen
    4. Benjamin Pearce Titter
    5. Jonathan Preston Fisher
    5 lawyer answers

    If speed was the only issue, (no other improper driving behavior) and you were polite and cooperative with the officer (he didn't fuss with you nor you with him) the judge in Henrico is likely to dismiss the case upon your completion of a traffic school and payment of court costs. I do not usually recommend individuals to take a school prior to court unless their record is a bad one. I go to Henrico courts often so if you have more questions, please ask.

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  3. Will I be able to this charge dismissed? Unauthorized possession of a state inspection sticker and defective brake light?

    Answered over 1 year ago.

    1. Joseph Mcgrath
    2. Benjamin Pearce Titter
    3. Jonathan Preston Fisher
    4. William Emil Cassara
    5. Andrew Stephen Roberts
    5 lawyer answers

    Your charged with a class one misdemeanor, a criminal offense. However, here's the good news: 1..They have to prove you had knowledge 2. if you have the car inspected and bring the proof via the pink slip the inspector gave you, to court, the case will probably either be dismissed or reduced to invalid inspection sticker..( please note that by saying this I am NOT guaranteeing this outcome..only this has been my experience in Henrico Co where I practice) You are ,of course, welcome to...

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  4. Arrested for DUI in VA & if convicted, would be 2nd offense. Is There ANY way I can get charges dropped/reduced? I am desperate!

    Answered over 1 year ago.

    1. Joseph Mcgrath
    2. Anthony Michael Solis
    3. Dean George Tsourakis
    4. Peter Christian Komar
    4 lawyer answers

    Your question doesn't state that you have been charged with another DUI. Assuming that you have, you had best obtain a lawyer right away. If you are convicted of DUI within 5 years of a prior, you will be given a mandatory jail sentence of 20 days. Nothing could reduce that time. In addition, there's a 3 yrs mandatory license suspension, fines costs, etc. Again, you had best talk to an attorney right away.

    4 lawyers agreed with this answer

  5. 2 dui - one in 1994 - the other 1996 - now in 2012 got a dwi -will this be felony since it was 16 years and more since last one

    Answered over 2 years ago.

    1. Joseph Mcgrath
    2. Robert C. LeBrasseur
    3. Derek Michael Smith
    3 lawyer answers

    No. To be a felony the three offenses must be committed within a 10 year period. However, the judge will see the record upon the conviction and may, since its within his discretion, consider the priors when sentencing. If you have not hired an attorney, hire one right away. And hire one with expierence in defending DUI cases.

    4 lawyers agreed with this answer

  6. Traffic ticket

    Answered 25 days ago.

    1. Jon F. Hays
    2. Taejin Christina Pendleton
    3. Joseph Mcgrath
    4. Mark Steven Paullin
    4 lawyer answers

    As the other lawyers have recommended, you need to speak with an attorney who practices in the Juvenile and Domestic Relations General District Court where your son's case will be heard. He/she will know best what the likely outcome would be. Your son , if convicted, is facing the possibility of having his license suspended and being placed in detention. Do not go to court without a lawyer, if you cant afford one, he is entitled (because of the possibility of jail) to a court appointed...

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  7. What could I possibly be charged with?

    Answered 3 months ago.

    1. Jonathan D. Esten
    2. Jay Scott Finnecy
    3. Joseph Mcgrath
    4. Andrew Y. Kim
    4 lawyer answers

    If you have a lawyer, your question should be directed to him as he is most familiar with the evidence. If its the first time to trial, and he believes the report is necessary, he can continue the case to another time. Are there ways to fight this , yes. Call Your Lawyer!

    3 lawyers agreed with this answer

  8. Do u think the da will go for a plead guilty too reckless driveing and restricted liscense and put the device in my car

    Answered 4 months ago.

    1. Wayne Lee Kim
    2. Benjamin Harrison Hamlet
    3. Jeremy Stephen Letnick
    4. Jennifer Raimo
    5. Joseph Mcgrath
    6. ···
    6 lawyer answers

    Whether a prosecutor will reduce a DUI/DWI to reckless depends on two factors: the evidence and the politics. The more favorable the evidence for you, the better the chances for compromise. If the prosecutor is reasonable and the evidence not aggravated by things such as a reading above .09 ,bad driving, attitude, etc, and its not against his office policy to compromise, then you may indeed get the reduction. My recollection is that Prince George used to be a reasonable jurisdiction for such...

    3 lawyers agreed with this answer

  9. Do I have to pay the reinstatement fee for VA when my liscense is from WV?

    Answered 6 months ago.

    1. Jennifer Raimo
    2. Matt Clay Pinsker
    3. Jay Scott Finnecy
    4. Joseph Mcgrath
    5. Peter John Louie
    5 lawyer answers

    Yes. Virginia will not lift your suspension here until it is paid!

    3 lawyers agreed with this answer

  10. As the victim, do I have the right to know the blood alcohol content of the guilty person in a dui accident ?

    Answered about 2 years ago.

    1. Bret A. Schnitzer
    2. Matthew Stephen Kensky
    3. Kevin Coluccio
    4. Gary A Kester
    5. Joseph Mcgrath
    5 lawyer answers

    There are several ways to obtain information regarding the accident, the alcohol content, and the pending charges: 1. Get a copy of the accident report. This is with the County/or City police dept. or State Police .depending on who charged/investigated the case. You can also get a copy of the incident report as well, but not the "arrest report" or the officer's notes. 2.Go online to www.courts.state.va.us. and enter the General District Court , then the defendant's name to find the charges...

    3 lawyers agreed with this answer

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