March-April 2021 Case Results: RD by speed avoided at 98 mph and 95 mph, RD racing avoided at 107 mph, misdemeanor eluding charge avoided, and Elevated BAC on a DUI 2nd kept out.

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. Below we feature a sampling of notable case results for March and April of 2021. We helped clients avoid reckless driving convictions for speeds as high as 98 mph and 95 mph and avoid jail for speeds as high as 100 mph. Clients also avoided misdemeanors for reckless driving for racing at 107 mph, failure to appear, no operator's license, eluding the police, misdemeanor tunnel height violation, and more. A client with a DUI 2nd offense avoided additional mandatory jail time when her BAC was kept out of the charge. Dismissals occurred in cities such as Virginia Beach, Norfolk, Suffolk, Newport News, and...

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Reckless Driving for Failure to Yield Right of Way

Virginia makes it a reckless driving offense for failing to yield the right of way. Most of the time that we see this type of reckless driving charge it is because an accident occurred. Specifically, Virginia Code § 46.2-863 states: A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction. It is interesting to note that law enforcement could have charged the same event as a traffic infraction...

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Why I Enjoy Being a Criminal Defense Attorney

When I first started doing criminal defense work a decade ago, family and friends would wonder how I could with a clear conscience defend guilty people. How is that standing up for justice? Although I do defend some guilty people, I would rephrase the question to, “Why would I want to defend those charged with crimes?” Notice that I did not say that I defend criminals because not all my clients are criminals. Not all of my clients are guilty of the crime for which they are accused. I am however a lawyer who specializes in being a defender of the accused, each and every time we face a trial. Consider our client Keith, who was charged with reckless driving by speed for going 116 mph when he was in fact innocent. The officer pulled over the wrong person and Keith found himself on the...

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January-February 2021 Case Results: Felony Destruction of Property, Felony Eluding, Racing, DUI 2nd, and Reckless Driving Charges Avoided

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. Below we feature a sampling of case results for January and February of 2021. We avoided convictions for racing (a type of reckless driving charge), felony eluding, felony destruction of property, misdemeanor hit and run, reckless driving by speed for speeds as high as 116/55, driving under suspended license, no operator's license, and more. Dismissals occurred in cities such as Virginia Beach, Hampton, Norfolk, Suffolk, Accomack, and Portsmouth. Notable cases: January 5, 2021, Norfolk GDC 85/55 RD reduced to 19 over. January 7, Virginia Beach GDC 104/55 RD, no active jail time or license suspension....

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Why Everyone Needs a Dashcam: My Client’s Story of Being Charged With 116 mph in a 55 mph Zone

What would you do if you were wrongfully stopped by a police officer and charged with a jailable offense when you were actually doing nothing wrong? This happened to my client on July 5, 2020 on his way to the midnight shift at Norfolk Naval Base on I-564. Keith was driving to his work shift but was not in a rush. As a military service member for 18 years, he had it ingrained from military training to arrive early and be ahead. Keith was stopped by a Norfolk police officer shortly after 11:00 p.m. and his life was interrupted. Thankfully the officer didn’t arrest Keith on the spot and take him to jail. Instead, Keith was summoned to appear in Norfolk General District Court and charged with going 116 mph in a 55 mph zone! In Virginia, it is not uncommon for judges to give jail time for...

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November-December 2020 Case Results: Felony Hit and Run, DUI’s and Reckless Driving by Speed Avoided

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. Below we feature a sampling of case results for November and December of 2020. We avoided convictions for felony hit and run, driving under the influence (DUI), reckless driving by speed, possession of marijuana, failure to appear in court, no operator's license, and more. Dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Northampton, Accomack, Newport News, Hampton and Suffolk.  Notable cases: Driving Under the Influence (DUI's) avoided on November 30 (Hampton General District Court) and December 2 (Virginia Beach General District Court). Attorney Braden Carroll put on a...

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What is the Mens Rea Required for Reckless Driving? (Cady v. Commonwealth)

(Previously Attorney Louie discussed that just because an accident happened, that should not automatically mean that the driver involved was driving recklessly. Here, Attorney Carroll discusses the mens rea required for reckless driving generally in Virginia.) Cady v. Commonwealth, (Va. Ct. App. Aug. 11, 2020) is a recent Virginia Court of Appeals decision that may provide much more guidance to those charged with Reckless Driving in Virginia. The case was decided by the Court of Appeals on August 11, 2020, and the published opinion contains some great language for Virginia traffic defense attorneys with regards to what level of mens rea, or intent, is required to prove a reckless driving case in a Virginia General District Court. The facts introduced at trial were quite tragic. On...

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September-October 2020 Case Results: DUI, Reckless Driving (105 mph), and Eluding Charges (Felony and Misdemeanor) Avoided

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. Below we feature a sampling of case results for September and October of 2020. We avoided reckless driving convictions for a number of high speed cases, involving speeds as high as 105 mph! We avoided convictions for criminal charges such as: DUI, reckless driving by speed, eluding the police (felony) and eluding the police (misdemeanor), no operator's license, and a misdemeanor tunnel height violation in Hampton. Reckless driving dismissals occurred in cities such as Virginia Beach, Norfolk, Suffolk, Southampton, and Hampton.  Notable cases:  September 1, 2020: DUI in Hampton GDC was reduced to a...

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May-August 2020 Case Results: DUI dismissed, Reckless Driving by Speed at 106, Racing, and Aggressive Driving charges avoided

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. Below we feature a sampling of case results from when the courts reopened after the Covid-19 closures, through the end of August 2020. We avoided reckless driving convictions for a number of high speed cases involving speeds as high as 106 mph and 99 mph. We avoided convictions for misdemeanor charges such as: racing, DUI, reckless driving by speed, aggressive driving, misdemeanor tunnel height violation, and no insurance. Reckless driving dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Portsmouth, Newport News, Hampton, Williamsburg, Northampton, and Accomack.   Notable...

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Virginia Traffic and Misdemeanor Law Changes, July 1, 2020

On July 1, 2020, Virginia changed some of the laws for reckless driving, DUI, and other traffic law violations.As of July 1, 2020 these Virginia laws changed: Reckless Driving Threshold Increased to Driving Above 85 mph - It will still be reckless driving by speed for going 20 mph or more above the speed limit. However, the 80 mph threshold has been increased to 85 mph to take into account the inequity of getting a misdemeanor charge for going 11 mph over the limit in a 70 mph speed zone. Decriminalization of Simple Possession of Marijuana - Simple possession of marijuana will be a civil offense, with a fine of $25. No longer will simple possession of marijuana be a misdemeanor. Possession with intent to distribute is still a crime. Virginia DUI "Any Purpose" Restricted License Option -...

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