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Mitchell Mead Wells

Mitchell Wells’s Answers

239 total


  • How can my reckless driving summons be reduced

    Cuaght by local sherrif doing 91 in a 70 on I-64. last traffic violation in 2000.

    Mitchell’s Answer

    In general, securing reductions on reckless driving-speeding allegations in excess of 90 mph can be difficult. You need to consult with a local traffic court attorney.

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  • If my case was taken under advisement for a period of 90 days then dissmissed can it be expunged 2 years layter?

    i have no prior criminal record or convictions

    Mitchell’s Answer

    The key is did the Judge "make a finding that the evidence was sufficient for guilt." If so, then you cannot expunge the arrest from the record. The expungement statute is intended for the truly innocent and if the Judge made a "finding that the evidence was sufficient" to find you guilty, even though s/he later dismissed on other grounds, then you are not entitled to expungement under Virginia law.

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  • Virginia: Defective Equipment Summon, California License

    during DUI Checkpoint, cop stopped and asked me to roll down window; mine window does not work. He wrote me Virginia Uniform Summons:defective equipment driver window(law section 462 1003). I have California license. 1. is Virginia uniform summ...

    Mitchell’s Answer

    1. Yes.

    2. If convicted, then Yes.

    3. Probably not, but you should consult with an immigration attorney to be certain.

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  • Is it legal to get a ticket for speeding at the bottom of a hill?

    I was driving and going down a hill and a cop was at the bottom and gave me a ticket for speeding. so isnt that illegal because you pick up speed when going down hill

    Mitchell’s Answer

    Yes, it is legal to get a ticket for speeding at the bottom of a hill.

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  • How would one get charges dropped due to lack of evidence, do you need an attorney?

    A friend and I are being charged with Underage Possession of Alcohol, we were discovered by a cop whom we believe was off duty in my friend’s car asleep. We were not asked if we had been drinking instead we were asked to get out of the car. After ...

    Mitchell’s Answer

    Retain an experienced criminal defense attorney.

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  • Police officer dies after writing a ticket but before court appearance - ticket dismissed?

    We've all heard the old wives tail about a police officer not showing up for court and the judge dismissing the case, but what would happen in the case of the police officer's death? Reckless Driving ticket.

    Mitchell’s Answer

    Yes.

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  • If I have a restricted license for speeding in Va, can i move to a different county in Va and still drive with restrictions?

    I do not have to check in with a PO or anything. The courts told me if my schedule changed, I have to modify it with them. But I have plans to move so is it possible for my restrictions to carry over to another court? I have a job lined up as well.

    Mitchell’s Answer

    Your restricted privileges are not restricted or confined to driving in a single county or city. Amending or modifying your restricted privileges with the Court that granted you restricted privileges is the only court you need to deal with and then notify the DMV of the change.

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  • Can an off duty officer give you a speeding ticket?

    I was pulled over Saturday morning at 4 a.m. for speeding and then was arrested for a DWI after blowing 0.09

    Mitchell’s Answer

    If the speed was calculated by LASER, RADAR or VASCAR, then my answer would be "NO" because Va Code 46.2-882 says in part that: "The driver of any such motor vehicle may be arrested without a warrant under this section if the arresting officer is in uniform and displays his badge of authority and if the officer has observed the registration of the speed of such motor vehicle by the laser speed determination device, radar, or microcomputer device as described in this section, or has received a radio message from the officer who observed the speed of the motor vehicle registered by the laser speed determination device, radar, or microcomputer device as described in this section."

    My guesss is that the Police Officer "paced" you, but was that in a calibrated patrol vehicle? You need an DUI/Traffic Attorney.

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  • What is reckless driving? Does small voilations are also considered as reckless? I just want to know if i was reckless or not?

    I got a ticket for passing one car at a traffic signal which was right in front of me at the crossection. The guy in the car was talking, and having both his hands out of the car windows whil making gestures to another guy in the car besides it on...

    Mitchell’s Answer

    There are more than 10 specific Virginia code sections that criminalize Reckless Driving. In your case, you have not made clear what specific Reckless Driving allegation is being made; Reckless Driving-General 46.2-852, Reckless Driving-Passing 46.2-854 or -856, or Reckless Driving-Speeding 46.2-862. You should retain a local traffic attorney.

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  • Taffic ticket and appearing in court

    Recently received a traffic ticket for speeding in VA. I can either prepay the fine or appear in court. I will be out of town on the court date. Question- if I request a continuance to a later court date, and then decide I still want to prepay the...

    Mitchell’s Answer

    You should still be able to pre-pay before your "new" trial date

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