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Robert Emmett Battle
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Robert Battle’s Answers

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  • I need to know if you think I can fight this and have the interlock removed around the original removal time.

    Hello! I have an interlock in my car because of a DUI. I have had the interlock for 5 months now. A few days ago I tried to start my car and failed twice. Please read the following and help me: The interlock asks for a retest within 5 minutes, I r...

    Robert’s Answer

    I suggest that any lawyer who answered this question above read my article criticizing Ignition Interlock in Virginia and pointing out the many glitches in the machines. http://www.bobbattlelaw.com/blog/virginia-ignition-interlock-program-criticized.cfm
    You MAY have a very strong case if (A) you have a camera installed in your car and, thus, can prove it was you that blew every time, and (B) the readings on the 2 "fails" vs. the later pass are inconsistent with the facts about the rate of dissipation of alcohol from the body. (Average is about .015 per hour.) So, if you initially blew a .05 and 20 minutes later blew a .00, the only logical explanation is a false positive earlier. However, you not only should hire a lawyer, but you may even need an expert to explain the rates of dissipation of alcohol. As my article explains, LifeSafer has had more problems than any other of the approved Interlock vendors plus all Interlock providers have been told by the VASAP Commission to NEVER put anything in writing even when it is to explain the malfunctioning of one of their interlocks.

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  • I was pulled over for speeding 80/55 I received a ticket and I paid it before the due date.

    Should this show up in my back ground check and if so should it state that I was arrested. I was never arested.

    Robert’s Answer

    Attorneys Carlos & Wayne are wrong. They practice in Northern VA, where it is unheard of that someone could pre-pay a misdemeanor charge. However, this is precisely what happens in certain areas of the state. The worst offender is the area of Greensville and Emporia located at the VA- North Carolina border on Interstate 95. This is an excerpt from my website www.VirginiaRecklessDrivingLawyer.com :
    "In Virginia, when you send in your payment, YOU ARE PLEADING GUILTY, PERIOD. You not only have a traffic conviction, you have a criminal record. Most people do not learn this nightmarish outcome until they are applying for a job, a security clearance, grad school or anything that requires a background record check. And by that time, there is nothing that can be done- the record is permanent.
    Bob Battle recently spoke to a young woman who was charged in Greensville/Emporia passing through on her way home from Spring Break a year ago. She contacted the clerk's office and was told that, in lieu of coming all the way back to court, she could just pay a fine. Fast forward a year later and her acceptance to a prestigious graduate school was rescinded because of her criminal conviction of Reckless Driving Speeding!"

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  • Would it be beneficial to hire an attorney for a speeding ticket ?

    Got a speeding ticket (38 in 25) in VA. Have a good driving record , +3 (+5 being perfect) No record of speeding ticket last 11 years, according to DMV's diver's record, though I had one speeding ticket about 8 months ago (went to court & got it...

    Robert’s Answer

    I am a traffic lawyer and I do not recommend that you hire a lawyer. First, as a lawyer who has actually handled cases in Arlington, Arlington handles their traffic docket differently than just about everywhere else in Virginia. In the vast majority of jurisdictions in Virginia, if you do not have a lawyer, you do not get an opportunity to speak to the prosecutor about a possible plea bargain. Arlington and Prince William County VA are notable exceptions to this policy. So, if you are charged with just the minor traffic infraction of speeding in Arlington, save your money on lawyer's fees and see if you can work it out on your own.
    Note- don't confuse a Speeding charge with "Reckless Driving Speeding." Reckless Driving Speeding is usually charged for doing 20+ mph above the speed limit or above 80 mph in any speed limit. Reckless Driving Speeding is a serious criminal charge and I do recommend that you hire a lawyer for Reckless Driving Speeding.

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  • Can a DWI be expunged from a driving record in the State of Virginia?

    Can a DWI be expunged from a driving record in the State of Virginia?

    Robert’s Answer

    No- the Virginia expungement statute, Virginia Code Section 19.2-392.2 only allows the court to consider expungement on charges that were ultimately dropped or dismissed.

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