I was caught speeding by a radar, doing 37/25 on Hillwood Ave in Falls Church, VA. The 25MPH sign was covered by trees so I did not see a posted sign until after I received my ticket which was further down from where I was stopped. I went to th...
You need to speak with an attorney who regularly appears before that judge and who may also know the prosecutor. Were your case in one of the jurisdictions I go to , I could anticipate what he/she may be agreeable with as: taking a driver improvement clinic prior to trial or requesting it at trial for a dismissal.
In addition, knowing whether the prosecutor and I can reach a pre-trial agreement wherein the clinic is agreed to with a dismissal. If your car has high mileage you should consider having the speedometer calibrated. If it turns out its off, then the court may consider that in mitigation also. If your job is dependent on the outcome of this case, spending money for a lawyer is well worth it, especially on one who is familiar with the judge, prosecutor, and also the arresting officer ( who can also help or hinder). Good Luck
can you be charged with both at the same time? what are the chances youd be found guilty of both? I know jail time is possible but is it likely with these charges?
It is a criminal offense, a class one misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.00, to "with fraudulent intent" alter , forge or counterfeit a licence plate. The code section
you are probably charged under is 46.2-722 of the Virginia Code. (google it). Usually this charge arises when someone has altered the registration stickers or sometimes used plates off another vehicle..so if using another's plates it would be improper tags..In my experience, often if the defendant has obtained the proper plates and comes into court with the registration document as proof, or a picture, it may result in only a fine or a reduction to expired registration etc. It would be best to make sure the plates and/or registration is corrected prior to court. By the way, using another's car with improper plates or altered registration and ignorance of this fact is no excuse. Should you be convicted under 46.2-722 you would have a permanent criminal conviction record . Best to consult a traffic attorney in VA beach who will know what the court/prosecutor will do or not do with this case. Good luck
I was basically pulled by the same officer everytime he saw me. I always passed his sobriety test until he pulled me at 230am and he failed me for not following his finger. I passed all the other tests. He was aware of the medication I took and ar...
As Mr. Wilson says in his reply, the Code of Virginia allows a judge to waive the VSAP program. The only time in my practice this has been done is with older individuals or when person is in a program similar to VSAP (the Veterans Administration course for soldiers has worked sometimes) Quite frankly, your chances of any Richmond City judge waiving the requirement are slim. In fact, if you were convicted in 2012 and did not enroll in the program, I would expect a show cause summons or capias would have issued for you to explain to the court why you hadn't done so. Of course being incarcerated will be considered by the court as a good reason. Unless the judge does waive the VSAP program, you won't be re-licensed by DMV until a certificate of completion is filed by VSAP with that office. You may want to obtain a compliance summary from the DMV to see what they will require. I am sure VSAP will be on that list. Good LuckSee question
I got arrested for a DUI and was pulled over for a failure to yield. I was given a field sobriety test and a breathalyzer on the side of the road. The officer did not realize my license was revoked until I was already at the police station which h...
I practice in Virginia and some of our laws are similar, like driving on revoked license. I don't see anything wrong with how you were charged either for the revoked license or dui. Its not unusual in my state for a person to be charged with DUI and not the offense which got them stopped in the first place. You should definitely contact a lawyer with DUI trial experience and the sooner the better. This site has many qualified NC lawyers, Mary Guy Mendini being one who I have worked with before, Good luck and get a lawyer NOW.!See question
Hello, I have an appointment tomorrow with the courts about a recent DUI last night. I'm wondering what the First time offense in VA would be? I have a perfect driving record (until last night) and also was parked when I was pulled over. Can I req...
The only reason for your "appointment" with the court tomorrow would be for the judge to advise you that you have a right to an attorney. If you are unemployed and meet the guide lines for being indigent , then the court may appoint one for you. If however your employed then the court would rule that you must represent yourself ( bad move) or hire an attorney. Your good driving record won't be of much use in a DUI defense as it is with speeding charge, etc. Your license was suspended for 7 days ( or should have been), during that time, no you may not have a restricted license. You may however during that time challenge the cause for arrest and, if successful the license would be returned to you. Should you be convicted , a restricted license can be granted for limited purposes. I strongly advise that you consult an EXPERIENCED DUI attorney. It is very important to do this soon as you can as he/she will want to preserve any evidence and secure any witness who was with you or has knowledge of the facts prior to the arrest. Do not discuss the case with any law enforcement
person without first speaking with a lawyer. Good Luck
I'm currently suspended in NC, but there is nothing (in NC) that is preventing me from reapplying. After being notified of old tickets in VA, I called VA DMV and was told there were two old citations that needed to be paid. 1 from 02 - following t...
Just to add; Since your privilege to drive may be suspended in VA ( I suspect this is why you were suspended in NC) you should obtain a "compliance summary " from the VA DMV. You can obtain it at www.dmvnow.com That way you can be assured of your obligations. If suspended you must pay all tickets and pay a reinstatement fee to the VA DMV. I suspect that paying won't place a "new" conviction on your NC record. That should have been done shortly after the conviction dates. You can check your NC record to be sure. You might also want to consult with a NC lawyer.See question
you can email me at firstname.lastname@example.org
I could not agree more with the other attorney's , you need to consult an attorney. I handle license restorations in Richmond VA. Right now I have several clients who previously represented themselves. They were denied and are now having to repeat the petition process. This includes paying the filing fees and evaluations fees charged by our Virginia Alcohol Safety Action Program. In my opinion had they been represented they would have been reinstated.See question
I am scheduled for court 04/08/2015 in Bowling Green VA need help.
Like the other attorney's have said, your charged with a criminal offense, a good deal more serious than a simple speeding ticket and , no, the mistake regarding the year of your car won't get it dismissed. Its best right now to hire an attorney. One of the judges there was a good traffic defense attorney and, assuming your guilt can be proven and you have a passably good record, may be persuaded not to put you in jail and perhaps limit a license suspension to a brief period. If you are unlucky enough to have the other judge the outcome could be worse. I have tried these cases in that court before.See question
charged with 1st offense went to court amended to 2nd offense.nothing on my driving record in almost 20 years.have petition in now to have license restored.petitioned in 2001 granted restricted license but never went to dmv had three small childre...
As the others have said, it could simply be an error. However you had better speak to and hire an attorney because if convicted of a 1st, you will receive 10 days in jail , and if a 2nd then you will be convicted of a felony and receive one year in jail. In many jurisdictions, if you have a license restored to you prior to the trial of the Habitual Offender charge the prosecutor may reduce it and not seek a jail sentence. It would also be in our best interest to have an attorney for the restoration petition as you may not want the judge hearing that case to be aware of the pending criminal charge; that information could cause him/her to deny the petition.
I was found guilty in my absence. After reviewing the summons carefully i noticed i had not signed the summons. Would this technicality get it sponged. I still have time to have a judge re-open the case. I'm in the middle of changing my career to ...
if your career is riding on this case, either appeal immediately or file a motion to reopen/rehear the case. can be found at www.courts.state.va.us . If your filing to re-hear the case, you must provide the court with the reason you didn't show up for the trial so you had better consult with and hire and attorney first,. A re-hearing is in the discretion of the judge who may grant or reject it. It is, in my opinion, usually better to appeal if there is still time. (Appeals must be noted in the clerk's office within 10 days of the conviction, you can use the form or simply address a hand written request to the clerk). As the other attorney said, that you didn't sign the summons is of no importance and there is no expungment of the conviction available to you. Good luck.See question