RECENT BLOG POSTS
Reckless Driving by Speed in Virginia
Photo by Ludovic Charlet on Unsplash What will get you a speeding ticket in most states may land you a class 1 misdemeanor for reckless driving in Virginia. Recently Dodgers outfielder Yasiel Puig was stopped by a highway patrol officer in Florida for driving 110 mph in a 70-mph zone and charged with reckless driving. Prosecutors in Florida decided to drop the reckless driving charge after review because they determined that on the morning of the incident, traffic was "moderate to light," and the weather was clear and the roads were dry. According to the Florida prosecutor, "Puig wasn't observed weaving in and out of traffic or losing control of his vehicle, was sober and had a valid Florida driver's license." While I strive to point out any helpful traffic conditions and the positives...
“VA Reckless Driving Speeding Ticket” is a Misnomer
Photo by Joshua Hoehne on Unsplash "Reckless Driving by Speed" in Virginia is not simply a speeding ticket. Reckless driving by speed is codified under VA Code § 46.2-862. As a Class 1 misdemeanor, it can carry jail time of up to a year, a suspended license for up to 6 months, and a fine of up to $2,500. If you were charged with going 74 mph in a 55 mph zone in Virginia, speeding at 19 over the limit, you could prepay that fine if you chose not to fight the charge. However, if you were charged with going 75 in a 55 zone, most likely the officer charged you with reckless driving by speed, the misdemeanor charge. You can get charged with reckless driving by speed for going 20 or more miles per hour above the speed limit, or for going over 80 mph, regardless of the...
Justice for Victims of Forced Sterilization
Photo by Mulyadi on Unsplash Imagine being forcibly sterilized by the government (being operated on so that you are biologically unable to have children) because your state deemed you "unfit" to have children. You don't need to imagine. Forced sterilization was a real chapter in Virginia's history. Virginia implemented its eugenics program in 1924 and kept it on the books until 1979. Virginia sterilized 7,325 victims under its law. The programs often targeted the poor and African Americans, many times at a young age. Virginia's eugenics program and laws served as a model for Adolf Hitler. For the second year in a row, Delegates Robert G. Marshall (R) and Patrick A. Hope (D), are introducing a bill that Eric Metaxes argues "would compensate victims of one of the most terrible...
How You Should Respond When Stopped by a Police Officer
Photo by Erik Mclean on Unsplash Recently a friend of mine, a young lady, was pulled over by a male police officer in Virginia Beach. She noticed she was being followed by an officer and was eventually stopped for "weaving" as she drove, which she adamantly denies. She blew into the breathalyzer for the preliminary breath test, just to be done with the officer. After the machine returned a reading of "zero," the young officer proceeded to ask my friend what she was doing with her life and what she was up to. This wasn't the first time my friend ran into this particular officer. While this sounds like a case of harassment and a failed attempt to flirt, it reminds me of the importance of knowing how to respond to officers if you are stopped. My friend took the handheld preliminary breath...
Will a Reckless Driving Conviction Impact my Ability to Get a Concealed Handgun Permit?
Photo by Jay Rembert on Unsplash I have previously discussed how reckless driving in Virginia is classified as a class 1 misdemeanor and how this can impact your employment opportunities. While there is certainly a lot of down side to having a reckless driving conviction, a.k.a. a criminal record, a reckless driving conviction should NOT disqualify you from getting a concealed handgun permit in Virginia. According to VA Code § 18.2-308.09, persons that are NOT qualified to get a Concealed Handgun Permit include: "An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors...
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...
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...
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...
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...
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...