RECENT BLOG POSTS
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...
Virginia DUI Law Update: Ignition Interlock Required for a Restricted License
Photo by Zé Ferrari Careto on Unsplash As of July 1, 2012, everyone convicted of DUI in Virginia will need to install an ignition interlock device on their vehicle in order to receive a restricted license. This expensive machine allows you to drive only after blowing into it. Currently, first time offenders are required to install an ignition interlock device if their BAC is .15 or higher. However, starting July 1, 2012, everyone convicted of any DUI will be required to get the interlock device in order to drive on a restricted license. You should consult with an attorney about whether you need a restricted license and whether it is worth the burden and cost for you. The court has discretion to give a restricted license to allow a person...
Recent Traffic Case Results
Traffic Case Results: A SAMPLE OF OUR RECENT TRAFFIC DEFENSE CASES*: *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 nolle prossed. Norfolk GDC, Charge: Reckless Driving (80/55), Disposition:...
Modification of Custody Orders
Photo by Alvin Mahmudov on Unsplash In Virginia, custody orders can be modified if there has been 1) a material change of circumstances since the entry of the last order and 2) it is in the best interest of the children to modify custody. The change of circumstances may be either positive or negative. For example, a parent may have received a better job or more flexible work schedule. The change could also be negative, such as a parent receiving a criminal conviction or if a child's developmental needs have changed. If a parent has not behaved and followed the court's orders, that would also be grounds for a modification of custody. Virginia Code § 20-108 states: "The intentional withholding of visitation of a child from the other parent without just...
What is a Separation Agreement?
Our firm does not handle divorce matters where we wear an attorney hat and represent one party in a conflict. However, we offer mediation to help conflicted parties reach an agreement and seek resolution of conflict. Mediation is an alternative to battling it out in the courts. You can learn more about mediation here. Mr. Louie has been trained in Christian Conciliation, an alternative dispute resolution process that seeks to help parties get unstuck in conflict. During mediation, which requires willing participants, Mr. Louie can help you work on either a separation agreement or reconciliation agreement. A separation agreement is a legally binding document where a husband and wife agree on issues such as spousal support, child support, child custody, and equitable division of assets. In...