Virginia Traffic Violations Legal Questions

The punishments the officer specified are the maximum punishment for misdemeanor charges.  It is unlikely you would receive the maximum.  However, it is still a good idea to have a lawyer with you for these types of cases because the lawyer can work out a deal for you with the prosecutor ahead of time.  Without a lawyer, the prosecutor may not even talk to you and you will go in front of the judge with no idea of what is going to happen.  Plus you may not know what the best deal is or what options are available.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

The primary advantage to having a lawyer in court for this kind of case is that they can talk to the prosecutor ahead of time and work out the best deal for you.  Without a lawyer, the prosecutor might not even talk to you, so you would have to go in front of the judge and defend yourself, without having it worked out ahead of time.  Plus you may not know all of the options available.  With a record like yours, it may be worth it to hire a lawyer to possibly save yourself some points. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

First of all - OUCH!  Secondly, did you get the name of the person who hit you?  It sounds like you may have a very good personal injury claim against both the driver of the car, as well as the owner of the lot.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

1st Class misdemeanors in Virginia are punishable by up to one year in jail, a fine of $2,500 or both.  Depending on exactly what you were charged with, if you are actually facing potential jail time, it is always a good idea to have a lawyer represent you.  If you can't afford a lawyer, the court will appoint one for you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

For reckless driving you should consider hiring a laywer because it is a jailable offense.  Jail time is unlikely if this is a first offense and you otherwise have a clean driving record, but a lawyer can negotiate your best deal with the prosecutor ahead of time to keep your fine and points down, which will ultimately keep your insurance rates down. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You are right that you are already fortunate that the officer did not charge you with reckless driving, as they can do when you are driving 20 or more miles-per-hour above the speed limit.  Maybe because you were right on the cusp, they knew that you could probably get that reduced to simple speeding anyway.  It is possible to make a deal with the prosecutor ahead of time to stipulate to a lower MPH in order to lower the number of points you will get on your record, but it depends on the prosecutor and some of them won't even talk to you, if you don't have a lawyer.  That's one advantage to having a lawyer - they can talk to the prosecutor ahead of time and work out a deal for you.   Another thing you can do is have your speedometer calibrated and bring proof of that to court with you. It is not unusual for speedometers to be slightly off and the court can take this into account, if you did not actually know how fast you were going.  It doesn't cost much to have that done. You seem to already have an understanding about taking a driver improvement course to reduce your negative points and build back up your positive points, the main thing here being to take after the points are deducted from your record. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     ... Read More

Obviously it will vary from attorney to attorney and will depend on the facts of your case, whether this is your first offense, and whether you expect to challenge it or work out a plea agreement.  Most lawyers who handle traffic matters will offer a free consultation for this type of case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

All of the things you mention are real possibilities and for these reasons you would be very wise to hire a lawyer to protect your rights and help ensure you get the best deal possible. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Because this is a traffic misdemeanor and, as you said, you could face potential jail time, you definitely want to have a lawyer represent you to make sure your rights are protected and that you get the best possible deal.  If you just don't show up, you could end up with a Failure to Appear - a separate offense - on your record, as well.  Unfortunately, this type of offense cannot simply be prepaid like a speeding ticket, so you will have to attend court.  Honestly, as fast as you were going, you can probably count on a few nights in jail, so be prepared for that and just face the music and get it over with.  You do not want to be a fugitive from justice. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

In certain traffic cases, if you fail to pre-pay the fine and costs and also fail to appear in court, a separate warrant may be issued against you on a new charge of failure to appear.  You then will have to stand trial on that charge, as well as the original charge.  Call the clerk’s office immediately to check on the status of your case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

It is always helpful to have a lawyer represent you in a situation like this to be sure that your rights are protected.  Because it is reckless driving charge, that carries the potential for jail time and should be taken very seriously.  Besides the fact that you may need a lawyer in your place since you will be out of the country on duty at the time of the court date, a major advantage to having a lawyer is that the prosecutor will ordinarily not even speak to unrepresented people before the court hearing.  So you will not be able to work out a deal yourself ahead of time and will have to go in front of the judge without knowing what is going to happen.  And again, I'm not sure how you are planning to do this when you won't even be there.    Another thing to consider is that while it generally is a good idea to take a driver improvement course in order to add positive points to your license, you don't necessarily want to do that before the court date, if you have an otherwise good driving record.  This is because if your driving record is perfect, you should already have 5 positive points on your record and the plus 5 that you gain from the class would have nowhere to be applied.  So you would be taking the class for nothing.  You have to wait until the court docks the points from your record and THEN take the class to build those points back up. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Because Reckless Driving is a jailable offense, you have a Constitutional right to counsel and if you can't afford an attorney, the court will appoint one for you.  An attorney can help you present your case more effectively because they know the rules of evidence and procedure, to ensure that your due process rights are protected.  An attorney can also speak to the prosecutor ahead of time and often work out a favorable plea agreement for you, since you admit that you are guilty.  If you try to represent yourself the prosecutor will probably not even talk to you, meaning that you are essentially left to throw yourself on the mercy of the court.  That strategy is often ineffective and also extremely stressful.  Having a lawyer represent you will provide you with peace of mind. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

There are several different issues which need to be addressed and more information would be needed to understand the situation.  Based on what you have stated the biggest issue you face is not a traffic violation, but that you are charged with a felony, the forgery of a public document.  In Virginia a person found guilty of forgery of a public document will be convicted of a class 4 felony, which carries a term of imprisonment of not less than 2 year and not more than 10 years.  Furthermore, felony convictions result in the loss of a number of civil liberties that non-felons possess.  In order to convict you of this felony, the Commonwealth must prove that you signed a public document (the traffic citation is a public document) and that you forged the name of another person. You are also charged with driving on a suspended license which is a class 1 misdemeanor, which could result in up to 1 year in jail.  In order to prove you guilty of this crime, the Commonwealth must prove the following elements:  1) that your license to drive was suspended, 2) that you were driving on the public highways of Virginia, and 3) that you knew your license had been suspended.  It really comes down to this third element, whether you had notice that your license was suspended. Remember the burden is on them to prove that you knew it was suspended.  One of the questions that must be explored is why your license was suspended? You are also charged with Obstruction of Justice which is another class 1 misdemeanor.  Obstruction of justice includes when a person makes a false statement to a police officer.  Based on the information you have provided it would appear that the police are attempting to charge you based on your providing a false name as a driver.  In summing this up you really do need counsel to represent you, especially because there is a felony charge against you.  It is important you do this as soon as possible because things move rather quickly when it comes to criminal cases, and the attorney will need to get all of your information and discuss these issues in person with you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read More