RECENT BLOG POSTS
Can I Text While Driving in Virginia?
Photo by Ryan Porter on Unsplash A better question is, should I text while driving in Virginia? Texting while driving in Virginia is a secondary offense codified in Va Code § 46.2-1078.1. It states: A. It shall be unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1. Manually enter multiple letters or text in the device as a means of communicating with another person; or 2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information. However, the Virginia Code goes on to explain that texting while driving is a...
Should I Hire a Spotsylvania DWI Lawyer?
Guest post by Attorney Andrew Flusche. If you're charged with DWI in Spotsylvania, you really need to be thinking about whether or not to hire a lawyer. That applies to any DWI in Virginia, whether you're charged in the Virginia Beach area, where my friend Peter practices, or in the Fredericksburg / Stafford / Spotsylvania area, where I practice. Everyone knows that a DWI charge in Virginia is a serious offense. It's a class 1 misdemeanor and it carries the possibility of up to a year in jail with up to a $2,500 fine and one-year mandatory loss of your license if you are found guilty. The year in jail does not usually happen in most cases. Typically, you may be looking at only a few days in jail and in some cases no jail at all. But the license suspension is mandatory if you're found...
Reviewing a Police Officer’s Calibration Certificate Evidence
Photo by Markus Winkler on Unsplash In Virginia traffic cases where speeding is alleged, such as in Virginia Reckless Driving by speed cases, a traffic defense attorney should review the police officer's or trooper's calibration certificate evidence. Our clients have had their reckless driving by speed charges dismissed because Section 46.2-882 of the Virginia Code requires that "No calibration or testing of such device shall be valid for longer than six months." Certificate errors can be determinative in the outcome of a case if a traffic defense attorney can point out any deficiencies in the certificate. The most common error is where an officer has a calibration certificate but the date of the certification is just slightly outside of the 6 month window from the date of the traffic...
What is a Traffic Calming Zone in Virginia?
The other day in Virginia Beach General District Court, I sensed that a judge was evaluating whether or not to be lenient to a driver with a +5 Virginia driving record (the best point balance you can have in Virginia) for a speeding offense of 12 miles per hour over the speed limit. However, during the trial, the police officer made the comment that the defendant was in a "Traffic Calming Zone" even though he did not cite the driver for the increased fines associated with speeding in a calming zone. At that point, the judge decided not to give additional leniency to the driver. I was surprised that the area could be labelled a traffic calming zone, being that there were no speed limit or warning signs at the particular area and the road was a four lane road, with two lanes going north...
SB 1335 – Confidentiality for those Applying for a Concealed Handgun Permit
Second Amendment attorneys in Virginia should be glad about recent legislative activity in Richmond. One prime example is SB 1335. On February 14, 2013, the Virginia Senate passed SB 1335, a bill protecting the personal information of those applying for a Concealed Handgun Permit. If signed by Governor McDonnell, this law would protect the confidentiality of concealed handgun permittee personal information. (Author's Update: Signed into law by Governor McDonnell on March 20, 2013.) Senator Obenshain was the original sponsor of Senate Bill 1335, which was originally intended to shield information about permits obtained by those protected by a protective order seeking confidentiality. However, the House of Delegates modified the bill to put all concealed handgun permit records...
Should I Take a Driver Improvement Course (Driving School) Before Court?
Photo by Kelly Sikkema on Unsplash Should a traffic court defendant go to driving school before his scheduled court date? I tell my clients that the answer depends on what your driving record looks like, what the pending traffic charge is for, and the particular judge that will hear your case. Usually, if my client has a perfect (+5) record and is charged with a minor traffic offense (such as a moving violation that is not a criminal misdemeanor charge), I would not recommend taking the driver improvement course before going to court. My analysis may be different for more serious charges, such as the criminal charge of reckless driving, depending on the jurisdiction my client is charged in and the particular facts of his case. Some jurisdictions appreciate driving school more than...
Does a Driving Ticket in Virginia affect my Driver’s License from Another State?
Photo by Hans Isaacson on Unsplash If your driver's license is not from Virginia, and you received a summons for a traffic ticket in Virginia, you may be wondering if a traffic conviction in Virginia will go on your home state's driving record. The answer depends on your particular home state and the particular offense you were convicted of. For example, your home state may not care what happens in Virginia. Virginia will gladly report traffic violations to your home state. What your home state does with that notice will be a matter of its procedures. In deciding whether you should fight lower level speeding tickets, you should check with a traffic attorney in your home state who has knowledge of your DMV's procedures. New York for example is very...
Philadelphia’s Traffic Court Judges Charged with Ticket Fixing
Although I am an attorney licensed in both Pennsylvania and Virginia, my law practice serves the Hampton Roads area. I have never appeared in the Philadelphia traffic court system. Apparently, nine traffic court judges in the Philadelphia area have made the news. They have been indicted in an elaborate ticket fixing scheme. It is alleged that one traffic court judge campaigned on a promise that he would do favors for his supporters. Another judge is alleged to have received free car repairs, towing, seafood and videos in exchange for help with traffic tickets. If the claims are true, this allowed the well-connected to get breaks, leaving everyday citizens out of luck. According to NBC Philadelphia, Philadelphia Common Pleas Judge Gary S. Glazer, a former federal prosecutor tapped...
275 Crashes in Virginia Beach this Past Weekend
Photo by Clark Van Der Beken on Unsplash Virginia Beach police responded to 275 crashes this past weekend, as the snow started to fall Friday afternoon. While there were only a few inches on the ground, it was enough snow to cause traffic congestion and traffic accidents around the Virginia Beach area. As WAVY reports: "Grazia Moyers with the Virginia Beach Police Department said officers responded to 176 accidents and nine accidents with reported injuries between 3 p.m. and midnight Friday." Often times police appearing at the scene of an accident write a summons for reckless driving. Those charged with reckless driving need to recognize that being charged with a criminal misdemeanor is no laughing matter! Being convicted of reckless driving can affect one's livelihood and employment...
Recent Case Results for those Charged with Reckless Driving
Recent Case Results for those Charged with Reckless Driving: A SAMPLE OF OUR RECENT RECKLESS DRIVING DEFENSE OF THOSE CHARGED WITH RECKLESS DRIVING*: *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. Norfolk GDC, Charge: Reckless Driving (91/55), Disposition: Defective Equipment, $100 fine plus court costs. Norfolk GDC, Charge: Reckless Driving (80/55), Disposition: Defective Speedometer: $30 fine plus court costs. Norfolk CC, Charge: Reckless Driving (92/55) and Failure to Carry a License, Disposition: Noted to court the Speed Limit was 65 in the HOV lane, reduced to speeding 10-19 over, $250 fine plus court costs. Failure to Carry License charge...