RECENT BLOG POSTS
The Limit of Emergency Powers in Fighting Covid-19
Photo by Aaron Burden on UnsplashI recently wrote about how I thought the Constitution and Bill of Rights were being trampled on during the coronavirus crisis. This raised the question of whether or not I believed in the executive branch's use of "Emergency Powers." Are there special circumstances and times to restrict civil liberties? Yes, I do believe in Emergency Powers. In law school, we discussed how special powers are given to the executive branch in times of war or other exigent circumstances to give the executive branch a boost to temporarily address an emergency, until the legislature can convene or until an emergency passes. During these times we allow the government, led by the executive branch, more liberty to trample on individual rights for the sake of the public health...
Covid-19 and Constitutional Rights
Photo by Joshua Sukoff on UnsplashHow do you view the Bill of Rights? Is it essential or non-essential to America's health? In a report from the Atlantic, it is mentioned that most Americans support the taking away of freedoms granted in our constitution (also known as constitutional rights) in order to give government more control to combat the coronavirus epidemic. Most respondents in a survey were willing to force health-care professionals to work despite risks to their own health, allow forced quarantines in government facilities, criminalize speech based on content, suspend all religious services, and allow the government to seize businesses. If we learn anything from the Japanese internment camps during WWII, it is that unconstitutional violations of liberty are often made when the...
February-March 2020 Case Results: Involuntary Manslaughter and Hit and Run 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 February and March of 2020. We avoided convictions for a number of felonies, such as hit and run and involuntary manslaughter. We avoided convictions for misdemeanors such as hit and run, reckless driving by speed, reckless driving for passing a stopped school bus, possession of marijuana, driving on a suspended license, tunnel height violation, no city hauling permit, aggressive driving and no insurance. Reckless driving dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Suffolk, Newport News, Hampton, and Accomack. Reckless...
September 2019 Case Results: Racing, DUI, 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 September of 2019. We avoided convictions for a number of misdemeanors, such as reckless driving, driving under a suspended license, no insurance, no personal flotation device, DUI and RD RACING. Reckless driving dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Hampton, and Accomack. Notable speed related cases: Reckless driving by speed at 97 mph in a 45 mph zone in Accomack GDC was dismissed, reckless driving for 90 mph in a 55 mph zone in Northampton GDC reduced to speeding, and reckless driving for 94 mph in a 65 mph zone in...
Reckless Driving for Failing to Move Over for Emergency Vehicle
Photo by Ethan Hoover on UnsplashEffective July 1, 2019, Virginia Code § 46.2-861.1 (known as the "Move Over" law) increases the penalties for failing to move over for an emergency vehicle that is displaying flashing, blinking, or alternating red, blue or amber lights. The change in law makes the offense a reckless driving charge, a class 1 misdemeanor, when applied to most emergency vehicles, which means that penalties now include the possibility of jail time, a license suspension of up to 6 months (or more in certain situations of injury or death), and a fine of up to $2,500. The law requires proof of certain elements which I will explain below, but the safe thing to do when you see an emergency vehicle with flashing lights is to move over one lane when passing or slow down if it is...
Mid February 2019 to April 2019 Case Results: Felony DUI (3rd offense) Avoided and More
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 mid-February of 2019 to April 2019. On February 15, 2019, we represented nine clients: eight charged with reckless driving and one charged with DUI 3rd (felony). All eight clients avoided reckless driving convictions and the DUI client avoided a felony DUI conviction. Of those eight reckless driving charges, four were dismissed while the others were reduced to traffic infractions. Some of the screenshots are below. Clients avoided convictions for driving on a suspended license, DUI, eluding, reckless driving, fictitious tags, no license, contributing to...
Effect of a Virginia Speeding or Reckless Driving Ticket on a North Carolina License Holder
Photo by Andrew Neel on Unsplash Did you know that if you hold a North Carolina driver's license and you prepay a speeding ticket in Virginia, it could result in your license being suspended by the North Carolina DMV? Tickets in Virginia between 0-19 mph over the limit are normally prepayable without a court appearance, but paying that ticket can adversely impact a NC license holder. In Virginia, reckless driving by speed is a misdemeanor and can be charged when a person is doing 20 or more above the speed limit or driving above 80 mph (regardless of the speed limit). But even if you were not charged with reckless driving by speed in Virginia, prepaying a simple speeding ticket from Virginia would be an admission of guilt and can impact a North Carolina license holder. The...
Dec 2018 to Feb 2019: Dismissals for Felony Hit and Run, Reckless Driving at 105 mph, Racing, DUI, etc…
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 December 2018 to February 2019. Our clients had their charges either dropped OR dismissed for felony hit and run, reckless driving at 105 mph, racing, DUI, reckless driving, fictitious tags, possession of marijuana, following too closely, improper lane change, obstruction of justice, disorderly conduct, defrauding an innkeeper and more. A client avoided a conviction for felony possession of marijuana with intent to distribute and had his charge reduced to a misdemeanor. Clients avoided reckless driving convictions through dismissals or reductions to...
November 2018 – Felony Eluding, DUI, Possession of Marijuana and Reckless Driving 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 shortened sampling of case results from November 2018. Clients avoided convictions for felony eluding, DUI, reckless driving, possession of marijuana, no insurance, driving on a suspended license, improper lane change, failure to yield, no license, no motorcycle endorsement, and more. Wins occurred in cities such as Virginia Beach, Chesapeake, Newport News, Norfolk, and Northampton. November 5, 2018, Virginia Beach General District Court, Charge: Reckless Driving. Disposition: Dismissed November 5, 2018, Virginia Beach General District Court, Charge: Improper Lane Change...
August – October 2018 Case Results (Reckless Driving for 110/55 dismissed)
Below we feature a shortened sampling of recent case results, including dismissals and reductions for reckless driving and other traffic charges in cities such as Virginia Beach, Accomack, Northampton, Newport News, Norfolk, and Chesapeake. Our clients avoided misdemeanors for charges of reckless driving at "alleged" speeds of up to 110 mph. 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. August 13, 2018, Virginia Beach General District Court, Charge: Following too closely. Disposition: Dismissed August 14, 2018, Northampton General District Court, Charge: Reckless Driving at 83/55. Disposition: Dismissed! Based on a radar calibration defense....