Skip to main content
Mitchell Mead Wells

Mitchell Wells’s Answers

239 total


  • Fighting a ticket for going 9 mph over limit

    A car in the lane next to me was going far over the speeding limit, and a police officer came up and pulled him over near an upcoming intersection. I was barely going over the speed limit until I saw him. As I approached the intersection, the ligh...

    Mitchell’s Answer

    Buckle down and hire an attorney who practices in that court. Many attorneys offer some type of payment plans.

    See question 
  • Overspeeding

    i got a over speeding ticket on March 2011 and im about to apply for citizenship on April 18, 2011... would it be a problem? i also wanna ask what would i write down on the question on the n400 form regarding the dispositon made on the citation th...

    Mitchell’s Answer

    Make sure that is was only a traffic infraction for speeding. Almost all states criminalize speeding as reckless driving for excessive speeding.

    See question 
  • What is the penalty for driving with a suspended license if you got pulled over for a rolling stop at a stop sign?

    What is the penalty for driving with a suspended license if you got pulled over for a rolling stop at a stop sign?

    Mitchell’s Answer

    If you are found driving while your license is suspended, you will be charged with a misdemeanor, as long it is your first offense or your first offense within 5 years.

    For a 1st offense driving while license suspended conviction in Georgia, you face:

    1.jail time of at least two days, and up to 12 months.
    2.fines up to $1,000.
    For second and subsequent offenses, you will be charged with a misdemeanor of high and aggravated nature.

    The penalty for 2nd offense driving on a suspended license is:

    jail time of no less than 10 days to no more than 12 months.

    1.fines of $1,000- $2,500
    The same potential sentences apply to pleas of nolo contendere (no contest)

    *In all driving under suspension cases, your license will be confiscated, attached to the citation and forwarded to the Department. You suspension will be extended for 6 months.

    See question 
  • What should I do?

    I got pulled over by a cop who was standing in the middle of the road with a radar gun. He said he clocked me going 30 in a school zone. I had just turned the corner and had gone about 100ft before he pulled me over. I was on the inside lane and d...

    Mitchell’s Answer

    Hire a local experienced traffic attorney that regularly practices in that court.

    See question 
  • First time offender a class U felony LAR-2354-F9 18.2-103 and two class 1 misdemeanor FAM-3805-M1 18.2-371&JUS-4810-M1 19.2-82.1

    I need to know what to expect and if possible not get a jail time and also which way to go between a public defender or a private defender?

    Mitchell’s Answer

    Depending on the sufficiency of the evidence in your cases of course, the Virginia Sentencing Guidelines worksheet would be a good first start to sketch out what type of sentence you may be facing.

    See question 
  • Why weren't my cases expunged?

    I petitioned the court to expunge 2 charges: a refusal and a hit/run. The refusal was dismissed and the hit & run was a nolle pros. They both happened with a DUI that I entered a guilty plea for. Why wouldn't my petitions for the expungements be ...

    Mitchell’s Answer

    You have not provided enough information. Are there any other arrests that appear on the arrest recoed. What did your lawyer argue?

    See question 
  • If its mandatory 20 days in jail for a 2nd DUI in Virginia, and I served 16 days in jail awaiting trial, Do?

    If its mandatory 20 days in jail for a 2nd DUI in Virginia, and I served 16 days in jail awaiting trial, am I gonna have to serve minimum 4 more days.. Also. just to let you know, in Virginia, a 2nd DUI is considered a misdemeanor which you only h...

    Mitchell’s Answer

    A mandatory minimum sentence is day for day. No 2 for 1 credit on misdemeanor sentence when mandatory minimum ordered.

    See question 
  • Can a person be arrested for DUI in VA if the officer didnt see them actually driving the car?

    Don't have enough room for the whole story here but was at a bar, friend and her boyfriend got in fight, she left with me. When I arrived at my home he was there so I drove past the house and he followed and chased me ramming my car 6 times. To ge...

    Mitchell’s Answer

    SEE VIRGINIA CODE 19.2-81

    D. Such officers may, within THREE HOURS OF THE ALLEGED OFFENSE, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating a motor vehicle, watercraft or motorboat while intoxicated in violation of § 18.2-266, 18.2-266.1, 46.2-341.24, or subsection B of § 29.1-738; or a substantially similar ordinance of any county, city, or town in the Commonwealth, whether or not the offense was committed in such officer's presence. Such officers may, within three hours of the alleged offense, arrest without a warrant AT ANY LOCATION any person whom the officer has probable cause to suspect of operating a watercraft or motorboat in violation of an order issued pursuant to § 29.1-738.4, WHETHER OR NOT THE OFFENSE WAS COMMITTED IN SUCH OFFICER'S PRESENCE.

    See question 
  • I am out on bond & i got an alcohol charge while on bond. they didnt take me 2 jail. what is most likely going 2 happen n court?

    my other charges im out on bond for are risiting arrest and disorderly conduct.

    Mitchell’s Answer

    All cases are misdemeanors. The bond will most likely stay the same on the first arrest. Get a criminal defense lawyer to represent you. I would want to take the alcohol allegation to court first.

    See question 
  • Will I have a urine test at court after a good behavior sentence?

    I'm 18 and a college student in richmond, va. I got an underage possession of alcohol charge at a party earlier this year. When I went to court the police did not show up and i took the deal of getting a general continuance on the case with 90 day...

    Mitchell’s Answer

    I practice in the Richmond courts. Probably not.

    See question