Traffic Violations Legal Questions

you only have 30 days to appeal a conviction/plea after the District Justice enters it.  If you would like to appeal a matter outside the 30 days time limit you file a "Nunc Pro Tunc" appeal which requests of the Court permission to appeal late.  You should consult/hire an attorney to handle these types of matters.  Keith Bidlingmaier... Read More

70 in a 45 is going to be a 6 point violation. In SC you are only allowed 12 points before your license is suspended.  If you go to traffic school, otherwise known as the Traffic Education Program, or "TEP", the ticket will be deferred for a period of time (usually 3-6 months) and will be dismissed if you have no more violations during this time. You may only request this prior to pleading. Typically you cannot have more than 4 points on your record to enroll, but you you should check with the local solicitor's office. If you are found guilty, you can go to a Saturday driving class and have 4 points removed. If you are going to plead, I would ask that the charge be reduced to a 4 point violation. Find a traffic attorney to represent you. It will be cheaper in the end.... Read More

You have 10 days from the date of conviction to file an appeal.  Once the case has been appealed to Superior court, you will have to deal with the DA who is handling it in Superior Court to see what deals they will offer you if you get your driver's license back.   I would suggest you retain an attorney while the case is still in District Court, as he or she may be able to secure additional continuances, and to resolve your case favorably without the added time and expense of dealing with the case in Superior court. ... Read More

Having a driver's license is a privilege, not a right.  You may have the freedom to travel on the highways, but not to drive on the highways if you do not posess a valid driver's license.  You can walk, run, or ride as a passenger in someone else's vehicle, but you are not allowed to drive with out a valid driver's license.   ... Read More

You must make an economic decision. We have a certified trial attorney who has been a prosecutor for 30 years. He would represent you at the trial for this ticket.The representation would be excellent. However, the cost would be $5000. It would be far less expensive to pay the ticket. It is your decision. We would like to help.... Read More

You must make an economic decision. We can fight the ticket. We can defeat the ticket. We can do this without you being in state. However, the cost to research background of the ticket, fight the ticket, and appear in court would be $2500. You could pay the ticket and spend for less than $2500. It is your decision.... Read More

You should speak with the prosecutor of the Municipal Court in person to determine the actual issues. You should present your valid insurance card. The insurance card should indicate that you had insurance on the date in question. You should present your current registration. The prosecutor will tell you the charges to which you can plead guilty and the consequences. If there are any issues, and you would like representation, please give us a call thank youn... Read More

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

You must address this with the Harrison municipal clerk. If you do not address this ticket, you are subject to an arrest warrant. You should explain the circumstances to the municipal clerk immediately. There is no excuse For not appearing in court. There may have been a mistake made by the officer. If so, the ticket will be dismissed.... Read More

If you are charged with hit and run under 40-6-270, your license will automatically be suspended.  If its a similar law, like striking an unattended vehicle, it will still be reported to the Dept. of Driver Services.  Consult with a local attorney to discuss how they can best represent you and try to keep your license in tact.... Read More

The police have wide discretion to pull over vehicle if in fact a minor violation is taking place. For example, a brake light. A missing headlight could be another example. In your instance, the side brake light would be sufficient for the officer to stop you and tell you that the light was not functioning. This gives the officer access to you add to your vehicle. What happened after the stop? Did you receive a violation or summons? Please call to discuss. Ed Dimon... 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

You must explain in a written statement precisely what happened and the circumstances as to why you were driving the car. You must also provide the prosecutor and judge with a written statement from your girlfriend setting forth what occurred. You must provide the prosecutor and judge with your driving record showing that there are no violations and specifically no violations for driving without a license.You will then be able to mitigate the consequences. Please contact us if we could be of assistance. I do believe an attorney will help you mitigate these consequences. You should be given a lesser charge with lesser consequences. Ed Dimon 732-797-1600 extension 235. thank you... Read More

If you live out of state it would be most difficult to fight this ticket. You have a hearing regarding this ticket and the police would testify against you. I would recommend that you hire an attorney and have them downgrade the ticket to a no point violation. I would also recommend that you have your attorney do this via a guilty plea by affidavit. We can help you if you would like us to represent you. Ed Dimon 732-7971 600 or email  edimon@cldds.com.... 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