RECENT BLOG POSTS

Forgiveness From Victims Can Help in Reckless Driving Defense

Photo by Dirk Ribbler on Unsplash This week, billionaire Jacqueline Badger Mars, one of the richest women in the world and the co-owner of the Mars Inc. candy company, pleaded guilty to reckless driving in connection with a crash that killed an 86-year-old woman and an unborn child. In this tragedy, Mars fell asleep at the wheel and caused an accident. According to reports, with great sadness, she visited the victims family and apologized for the suffering and loss she caused. In court, testimony from the victims' family explained that they had only forgiveness in their hearts. They asked General District Judge Deborah Welsh “to take in consideration our feelings and not contemplate incarceration as an option." The judge gave the maximum fine of $2,500 and the maximum suspension of a...

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Attorney Presentation and Reckless Driving Defense

Photo by Laika Notebooks on Unsplash As a defense attorney, I think often about how to present my client's case. What information does the judge need to know? I don't need to lay bare the weaknesses of my client's case. That is the prosecution's job. My job is to present my client in the best light to the judge. Some times this affects how I recommend my client to plead. My client can plead guilty, not guilty, or no contest... the choice is up to my client, but pleading not guilty may cause the officer to present the "ugly" details of a defendant's case to the judge, who otherwise might not hear all the details. On the other hand, pleading guilty would be unwise if there is a deficiency in the prosecution's evidence and we can get a charge dismissed on that ground. That is why I always...

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Is Texting While Driving Reckless Driving Per Se?

Photo by Alexandre Boucher on Unsplash No, texting while driving is not reckless driving per se. I have written previously about the change in Virginia's texting while driving law, which was made a primary offense this year. In June of 2013, Attorney General Ken Cuccinelli wrote an opinion, explaining that texting while driving (Va Code § 46.2-1078.1) and reckless driving (Va Code § 46.2-852) are offenses under two separate Code Sections, each requiring proof of different elements. In other words, you can be guilty of violating one statute without being guilty of violating the other.  The Attorney General's opinion is not binding on the courts but seeks to clarify what current law states. The opinion explains that the mere operation of a handheld personal...

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May I Concealed-Carry a Handgun to Church?

Photo by Cosmic Timetraveler on Unsplash In 2011, Attorney General Ken Cuccinelli wrote an advisory opinion answering the question of whether a person with a concealed-carry handgun permit can carry his firearm into a place of worship for personal safety purposes under Va Code § 18.2-283. This statute states: "If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor." (Emphasis mine.) An official opinion is legal advice from the Attorney General's office and may be given deference by the courts, but is not binding on the courts. The Attorney General based his opinion on existing...

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What is Constructive Possession of Marijuana?

Photo by Matthew Brodeur on Unsplash I recently had a client whose possession of marijuana charge (under VA Code § 18.2-250.1) was dismissed because the police officer failed to prove that my client was aware of the presence and character of the substance, marijuana, located in the center console of the vehicle he was driving. In my client's case, he did not know that the marijuana was there, since he was not driving his own vehicle. But even if he was driving his own vehicle, it would not mean that he is guilty as charged. As mentioned previously, the prosecution has the burden of proving a defendant's guilt beyond a reasonable doubt: proving that he was aware that he was in possession of marijuana and that he knew or should have known that the substance in his possession was...

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Cuccinelli Understands that Justice Does Not Always Require a Conviction

Photo by Karsten Winegeart on Unsplash Does justice always require a conviction? Imagine being wrongfully convicted of a crime you did not commit and then wasting away in jail for 27 years of your life. Then imagine being released from jail but placed on a sex offender registry, being unable to find employment and unable to vote. This is what happened to Thomas Haynesworth, a man wrongly convicted of two rapes. Mr. Haynesworth served 27 years in prison and his good name was tainted, even though he was innocent. As Attorney General, Cuccinelli worked hard to get this man his exoneration and freedom in 2011. He even employed Mr. Haynesworth. As a defense attorney, I resonate with Ken Cuccinelli when he explains: "An Attorney General's job is not convictions. It's justice. And...

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May I Concealed-Carry a Handgun into a Bar in Virginia?

Photo by Jessica Kantak Bailey on Unsplash The answer is: Yes, but don't drink if you are carrying concealed! In 2010, Virginia law was changed to allow concealed carrying into bars and restaurants that serve alcohol.  (Of course, you will need a concealed handgun permit to be able to do this.) This has not increased violence at the bars in Virginia. It actually decreased it. "According to state police records, not only did gun violence in bars and restaurants not increase under the new law, it decreased by 5.2 percent." - World Net Daily, citing a Richmond Times-Dispatch Study. Still, unless you are a federal, state, or local law enforcement officer, you may NOT drink if you are concealed-carrying at a bar.  (You can open carry legally while...

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Reckless Driving Defense in Virginia Beach: Justice is Not Cookie Cutter

Photo by Tingey Injury Law Firm on Unsplash Virginia Beach is a jurisdiction that is well known for being very strict in its punishments of reckless driving. Still, Virginia Beach's strictness catches many people off guard. According to this WTKR news report, one driver stated, “I was in criminal court before, and I didn’t go to jail... But I am in traffic court going to jail. That's a little weird.”  WTKR compared Virginia Beach with other cities and found that it was stricter than most jurisdictions. Jail time is a real threat for those convicted of reckless driving. As a Virginia beach traffic defense attorney, part of my goal is to ensure that justice is not arbitrary. I am often surprised how different results can be between different judges. In Virginia Beach...

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Norfolk’s Commonwealth Attorney is Not Above the Law

Photo by Melody Ayres-Griffiths on Unsplash Norfolk's Commonwealth Attorney Greg Underwood, the chief prosecutor for the city was arrested by a state trooper Wednesday night and charged with three misdemeanors: DUI (Va Code § 18.2-266), refusal to take a breath test (Va Code  § 18.2-268.3), and carrying a handgun while intoxicated (Va Code § 18.2-308.012). According to PilotOnline, "Commonwealth’s Attorney Greg Underwood cut through a work zone trying to take the exit off Interstate 264 onto Brambleton Avenue about 8:50 p.m. Wednesday, according to Virginia State Police and court records.  Trooper James Ogden was sitting in his patrol car in the work zone when he saw Underwood in his Toyota 4Runner... According to court records, the trooper smelled a strong odor...

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Chesapeake Bay Bridge Tunnel Reckless Driving Tickets

Photo by Jenna Lee on Unsplash The Chesapeake Bay Bridge Tunnel is a 23 mile long bridge and tunnel that connects the Delmarva Peninsula of the Eastern Shore of Virginia with Virginia Beach and the greater Hampton Roads area. It is a beautiful scenic drive. While driving on the bridge, you may not see any land in sight. You will feel like you are driving over the middle of the ocean. Drivers are often surprised by Chesapeake Bay Bridge police who camp out at special emergency pull off sections of the bridge, which occur every few miles. Drivers often don't realize how fast they are going since there are no buildings or landmarks to help a driver perceive their actual speed. Understandably, police are concerned about safety on the bridge and officers that are assigned specifically to...

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