RECENT BLOG POSTS
Nolle Prosequi (“Null Prosse”) vs. Dismissal
Photo by Brett Jordan on Unsplash Legal terminology needs to be precise. I prefer to get my client's charge dismissed, instead of getting the charge null prossed. What is the difference? A dismissal is a formal ending of a case where the court finds that there is insufficient facts or evidence to support a conviction or finds another basis to end the case. The charge can not be re-initiated. A dismissal brings complete closure and it is assumed a dismissal is done with prejudice. (See Roe v. Commonwealth)Nolle prosequi ("null prosse") is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date. This latin term means "not prosecute." Often times a prosecutor will request a "null prosse" in circumstances where...
The Simplicity of Uncontested Divorce Procedures in Norfolk
Photo by Kelly Sikkema on Unsplash Norfolk's Circuit Court has become known for its high volume of divorces. In recent years, there have been more divorces filed in Norfolk than the rest of the courts in South Hampton Roads combined. This is mainly because Norfolk has streamlined its uncontested divorce procedures and makes it easy for attorneys to keep things moving on their docket. Couples seeking to get divorced regularly choose Norfolk as their venue, even though they live in another city of Virginia. As Virginian-Pilot author Louis Hansen notes: "Family lawyers who practice in the area say Norfolk has more flexible schedules and an easier process to review and handle paperwork. Divorces can be scheduled any day of the week, and paperwork does not have to be filed far in advance, as...
Reckless Driving Ticket for an Accident and Powers v. Commonwealth
Photo by Michael Jin on Unsplash If you received a reckless driving ticket summons at the scene of an accident, you may be able to beat your reckless driving charge with the help of an attorney. Often times police will give a reckless driving summons to a driver at the scene of an accident. But just because an accident occurred does not mean that the driver caused the accident. It is unfortunate that drivers need to spend money on an attorney to make sure they don't get convicted of a criminal misdemeanor charge of reckless driving. In the case of Powers v. Commonwealth (117 S.E.2d 628, 211 Va. 386), the Supreme Court of Virginia reversed the lower courts for finding a driver guilty of reckless driving when he was involved in a singular vehicle accident. In that case, the...
Virginia Beach Man Attempts to Elude Police
Photo by Daniel J. Schwarz on Unsplash What may originally have resulted in a reckless driving ticket charge for a driver in Virginia Beach may result in additional charges against the driver. According to WTKR, a man was driving a Ford SUV at a high rate of speed when he drove past a trooper operating stationary radar at Battlefield Boulevard. The trooper attempted to pull the vehicle over, but the driver continued at a high rate of speed on I-64, and eventually struck two marked trooper vehicles. The driver then proceeded to run on foot before he was apprehended by troopers. My guess is that the man will be charged with reckless driving (by speed or for endangering life and limb) and for eluding police under Va. Code § 46.2-817. It is a Class 2 misdemeanor to elude police, although it...
Out of State Drivers and Reckless Driving in Virginia
Photo by Ludovic Charlet on Unsplash Now that it is getting warm again, there will be a lot of out of state drivers traveling through Virginia or headed to Virginia for vacation. Many drivers may be headed to Virginia Beach or travelling through Virginia to another sunny destination, perhaps in North Carolina or Florida. Out of state drivers need to be extremely careful to observe the posted speed limits while they are in Virginia. Many out of state drivers are unaware of Virginia's strict traffic laws. (Actually, even many Virginians are unaware!) Driving 20 mph or above over the speed limit in Virginia can land you a summons to court for reckless driving, which is a criminal misdemeanor charge! If you are looking at this page, maybe you've already been summoned to appear in court for a...
Undoing a Conviction of Reckless Driving: Appeal or Reopen a Case
Photo by Tingey Injury Law Firm on Unsplash If you are convicted of reckless driving in the General District Court, you have ten calendar days from your conviction date to note an appeal. It does not matter if you missed your hearing and were tried in your absence or if you appeared with or without counsel at the General District Court. You still have a right to appeal. If you appeal your conviction on time, your case will be reheard in the Circuit Court, where you will get a trial 'de novo.' This means you will get a brand new trial in front of a new judge, who will not care what happened in the lower court. A Circuit Court will not consider an appeal if it is filed after the 10 calendar day window. But if you file within the 10 day window, your appeal will be...
Reckless Driving and Pace Defense Issues
Many people charged with reckless driving in Virginia are surprised to find out that a law enforcement officer can base a driver's speed by following the target vehicle in their law enforcement vehicle. This is called a pace. Usually, a driver's reckless driving summons (that yellow sheet of paper) will state how the officer determined the driver's speed, whether it be through the use of radar or lidar, or by conducting a pace. Pacing is particularly prone to error since the officer conducting the test needs to follow proper procedure. A law enforcement officer is often multitasking when he is conducting a pace. He is watching moving traffic, driving his vehicle, glancing at his odometer, and eyeing his speedometer. Here are the issues I look for when defending a reckless driving by...
Family Mediation: An Alternative to Battling in Court
Photo by Sandy Millar on Unsplash Couples in conflict don't realize that if they go to court to solve a domestic relations or family dispute, a man or woman in a black robe, whom they probably have never met before, will make important decisions that will impact their life greatly. Often times parties are asking a judge to take a few hours to determine what is in the best interest of their minor children, help them determine when and how the parents will interact with each other and with their children, and decide how to divide all their marital property and assets. Mediation is not for everyone, but adults that understand the benefits of mediation definitely have incentive to give it a try. The most important benefit of mediation is that parties remain in control of the...
Reckless Driving for Driving Two Abreast in a Single Lane
Photo by Cristofer Maximilian on Unsplash You can get a reckless driving conviction for "driving two abreast in a single lane." This is a Class 1 misdemeanor criminal offense in Virginia. The maximum punishment can include up to 12 months incarceration, a fine of up to $2,500.00 and a suspension of your privilege to drive for six months. Virginia is just very very tough on drivers and penalties. Va Code § 46.2-857 explains what is meant by "driving two abreast in a single lane." (There is another code section making it a reckless driving offense to "pass two vehicles abreast", but that is a different code section and covers something different.) "A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed...
How Much of a Fine Can I Expect for a Reckless Driving Conviction?
Photo by Giorgio Trovato on Unsplash If you are convicted of reckless driving, a criminal misdemeanor charge in Virginia, the associated fines can range depending on how harsh the judge wants to be. Under the Virginia Code, reckless driving is a class 1 misdemeanor, for which you can receive a fine of up to $2,500. However, the judge has considerable discretion on what fine to give you. In cases where a driver is not able to get a reduced disposition such as speeding or improper driving and is convicted of reckless driving, I most regularly see fines in the range of $250 to $500 in the General District Courts in Virginia Beach, Chesapeake, Norfolk, and Newport News. On top of that, there are court costs that are around $86.00, depending on the specific jurisdiction. There is not...