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Northampton Reckless Driving (87/55) Dismissed, Norfolk RD dismissed, and Hampton RD reduced to defective equipment
Reckless driving by speed trials result in dismissals in Northampton General District Court and Norfolk General District Court, and a defective equipment outcome in Hampton General District Court. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. January 27th, 2015 - Northampton General District Court, Charge: Reckless driving by speed for 87 mph in a 55 mph zone. Outcome: dismissed. No court costs or fines. Officer did not have the proper certifications on his radar equipment, showing that they were properly tested. January 20th, 2015 – Norfolk GDC, Reckless driving by speed for 78 mph in a 55 mph zone. Outcome: dismissed. No court costs or fines....
Northampton Reckless Driving (90/55) Reduced to Speeding
I was pleased with my recent case results in Northampton, Virginia. One case involved a reckless driving by speed case at 90 mph in a 55 mph zone, in Northampton County, which was reduced to a speeding infraction. The other case involved an accident case where the other driver passed away as a result of the accident. In that case, my client got minimal jail time, even though there was a fatality. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. January 12th, 2015 - Northampton Circuit Court, Charge: Reckless driving at 90 mph in a 55 mph zone. Outcome: Reduced to a simple speeding ticket, non-reckless and non-criminal. Fine was only $250.00....
Week Prior to Christmas: 12 Reckless Driving Charges Reduced or Dismissed (including 90/55)
From December 17 to December 23, 2014, my last week of work before Christmas break, I helped twelve different clients in five different cities avoid reckless driving convictions in Norfolk, Virginia Beach, Chesapeake, Newport News, and Northampton either through reductions or dismissals. So as to not bore you, I've included a sampling of the more noteworthy cases, involving speeds of 90 mph, 88 mph, and 87 mph. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. December 17th, 2014 – Norfolk GDC, Charge: Reckless Driving for a driver involved in a single vehicle accident. Outcome: Reduced to improper driving. December 17th, 2014 – Norfolk GDC, Charge:...
Possession of Marijuana and Petit Larceny Charge Dismissed
On December 9, 2014, I helped two clients in two different cities get dismissals of their charges in Norfolk General District Court and Chesapeake General District Court. See below. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. December 9th, 2014 – Norfolk GDC, Charge: Possession of Marijuana. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Officer did not give proper notice to client that he could have material tested. December 9th, 2014 – Chesapeake GDC, Charge: Petit Larceny. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Loss prevention officers did not...
Three Great Traffic Results in One Day: Virginia Beach, Newport News, Portsmouth
On October 9, 2014, I helped three clients get reductions for their traffic matters in Virginia Beach, Newport News, and Portsmouth. See below. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. October 9th, 2014 - Virginia Beach GDC, Charge: Speeding at 19 over the limit. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Judge took a plea bargain after I negotiated with the officer. October 9th, 2014 - Newport News GDC, Charge: Reckless Driving at 83 mph in a 65 mph zone. My client had a Commercial Driver's License (CDL). Outcome: Dismissed. Reason: Officer testified to the wrong traffic stop date and I made...
Three More Dismissals within Three Work Days
Previously, I mentioned that four of my clients celebrated the dismissal of their cases in early August. Three more of my clients received wins on August 14, 15, and 18, in the courts of Chesapeake, Norfolk, and Virginia Beach. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. August 14th, 2014 - Chesapeake GDC, Charge: Speeding at 80 mph in a 60 mph zone. Outcome: Dismissed. (A dismissal means no conviction and no court costs or fines.) Reason: Trooper did not have the proper calibrations on his LIDAR equipment. August 15th, 2014 - Norfolk GDC, Charge: Speeding at 35 mph in a 25 mph zone. Outcome: Dismissed. Reason: Officer did not perform a proper...
What is the Likelihood of a Suspended License for Reckless Driving?
If you are convicted of reckless driving in Virginia, a class 1 misdemeanor, penalties may include up to 6 months suspension of your driver's license, jail for up to twelve months, and a fine of up to $2,500. Many of my clients are trying to avoid a reckless driving conviction altogether, which can harm employment opportunities. Photo by Meritt Thomas on Unsplash If a conviction is given, a judge may decide to suspend your license. (Note: it is possible to appeal a conviction if you had a harsh result and you act quickly.) A judge has wide discretion in administering penalties for reckless driving. He can pick and choose. He can give jail time or he can suspend your license. He may do one and not the other, or he may do both! Previously, I have discussed the likelihood of jail,...
Negotiating a Null Pross (“Nolle Prosequi”) or Dismissal Pretrial
There are times that I am able to persuade an officer to null pross or dismiss my client's case simply by talking with him before court. (Both a null pross or a dismissal are good results. I have written about the difference between a null pross and a dismissal here.) This is a win without risk. Photo by Tingey Injury Law Firm on Unsplash This is wonderful for my client because the judge does not end up hearing the facts of the case. The judge need not weigh the evidence and determine guilt. A police officer that is persuaded by my request can simply make a motion to null pross or a motion to dismiss my client's charge when the judge calls the case. If I need to, I tell the judge that I do not object to the officer's motion. I go to court knowing that when I...
Reckless Driving Charges for 30 Miles Over the Speed Limit Reduced in Norfolk and Chesapeake
DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. A few days ago, I defended two different clients charged with reckless driving for going 30 miles per hour over the speed limit. One case was in Chesapeake General District Court and one was in Norfolk General District Court, but both received favorable dispositions. Both were reduced to speeding tickets. My clients did not receive a criminal conviction. They were able to avoid a class 1 misdemeanor and penalties associated with that, which can include jail time or a suspended license. Under Virginia law, reckless driving can be charged for going 20 or more miles above the speed limit. These outcomes...
Fighting DUI Checkpoints
Photo by Jonathan Cooper on Unsplash If you were stopped at a traffic checkpoint and charged with a crime, it is important that your defense attorney make the Commonwealth prove its case. Any evidence which was seized in violation of the Fourth Amendment needs to be suppressed. There are common defects in DUI checkpoints, such as problems in the roadblock plan or overflow plan. The Fourth Amendment protects us from unreasonable search and seizure. Mr. Justice Jackson explains that: "These [Fourth Amendment rights], I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure...