Traffic Violations Legal Questions

It depends on how old you are, or whether you are a commercial driver's license holder. Most people are looking for something called "Court Supervision".  If you are a commercial driver's license holder, Court Supervision will not really help you and you should probably get an attorney.    ... 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

I think you are hoping the "average" miles per hour you traveled is the same thing as the speed the Officer caught you at.  Here is an example to show it is incorrect: You travel one mile, at one mile per hour = 1 hour travel time at one mile per hour. You travel one mile, at X speed = 1 hour average travel time, at X miles per hour. In the first example, you know you are only traveling at one mile per hour the entire hour. In the second example, you could have traveled at different speeds during the hour. For example, for 1 minute you could have traveled at 60mph, and for 59 minutes, you could have been stuck in traffic unmoving. Whether you get an attorney or not is going to depend on how confident you are that you understand what needs to be proved against you.  Simple math does not appear to aid you.      ... Read More

Assuming what you say is true and the evidence at the trial matches up to what you are saying, you will likely be found guilty.   What most people are looking for when they say "I don't want it on my record" is they want a disposition of Court Supervision. Court Supervision is not a conviction.  It only shows up to certain people on a driver's abstract request.  The vast majority of my clients are very happy with a disposition of Court Supervision.  ... Read More

If you plead guilty without going to court in August of 2012, then you were probably convicted. If you received another speeding ticket since then, and plead guilty, your license will likely be suspended under the 2 in 24 rule (2 convictions in 24 months will suspend your license). I recommend seeking an attorney so that you can negotiate for a disposition of "Court Supervision", which does not count as a conviction.  ... Read More

we have had good fortune working with both the court system and nj dmv is restoring driving privileges. the process is tedious because every issue has to be addressed in every venue. the cost is driven by the number of issues and venues. we just did one case involving seven different courts and seven-ten driving violations and seven arrest warrants. ed dimon, esq. 732-797-1600... Read More

The speeding ticket is a class A misdemeanor, the range of punishment is up to one year in the county jail and/or a $1000 fine.  The careless and imprudent driving is a class B misdemeanor, the range of punishment on that is up to six months in the county jail and/or a $500 fine.  He definitely needs to get an attorney.  Since he's active duty, the PA may take that into account. This answer does not create an attorney/client relationship.... Read More

You have three options it sounds like.  You could hire an attorney and probably not have to go to court and try to get the ticket amended.  You could mail in the fines and court costs which would result in points on your driver license.  Finally, you could show up in Court and try to get the Prosecutor to reduce the charges. This answer does not create an attorney/client relationship.... Read More

If the hearing is for the ticket for marijuana possession, then you do not need an attorney.  If the ticket includes any crimianl charges, such as drunk driving then you should hire an experienced criminal attorney. Your son does not want any criminal charge on his record.  Stopping the criminal charge from issuing at the hearing stage will prevent the creation of any criminal record.  For more information see my website.  ... Read More

She should definitely hire a lawyer.  The lawyer may spot defenses that you or she may never think of.  The lawyer will know how the system works and what to do in court.  The lawyer will know what to do and what might happen if the officer does not show up (it might be better to take a plea to a lower charge that will not result in a suspension - 40 mph over the speed limit will result in a suspension).  Some Judges will always give the police at least one continuance - you want someone on your side who knows all of this.  Check out the section on traffic offenses at our website for more relevant information: http://fairlielaw.net/practice-areas/traffic-related-offenses/... Read More

the police report would have to support your 'possession' of the marijuana. if the report does not support your possession, the prosecutor will not allow the guilty plea. in addition, you only have one 'conditional discharge' which you would use in this plea. this is a not a good use of the one 'conditional discharge'.  please let me know if we can help. ed dimon, esq. 732-797-1600... Read More