by admin | Sep 18, 2013 | Reckless Driving
The criminal justice system is not a place that you want to go into unprepared. Although the purpose of the courts is to offer a fair and honest hearing of the facts of a case, it is inherently adversarial. That means the prosecutor is going to argue his side as strongly as possible and your defense attorney is going to argue your side as strongly as possible. If you do not have an experienced reckless driving attorney at your side, the balance is inherently tipped against you because the prosecutor will not lighten up on his arguments simply because your defense lacks the same punch. This adversarial system is why it is imperative that when you are charged with any crime, you consult a Virginia defense attorney immediately. At Faraji Rosenthall Law Offices, one of our specialties are Fairfax reckless driving cases. We have many people coming to us for free consultations, and many of them wind up hiring us as their defense attorneys. Here is the advice we give people to prepare for their reckless driving hearing. Know Your Driving Record The court puts a lot of weight on your driving record, because it provides evidence of your driving habits. The person who gave you the reckless driving ticket will almost certainly arrive at court with a copy of your driving record, so it’s important that you obtain a copy as well, as that will assist you and your lawyer in deciding upon a strategy for your case. Get Your Speedometer Calibrated In reckless driving charges, especially where speed was a factor, an inaccurate speedometer can persuade the...
by admin | Sep 18, 2013 | Reckless Driving
It’s easy to forget that driving is a dangerous task. Although most everyone jumps into a little plastic/steel box and hurtles around at speeds our great-grandparents could only dream of, we rarely think about how dangerous this habitual activity is. But the fact remains that driving is dangerous, though most people only realize it when they get pulled over. Reckless driving charges in Virginia are common, not only due to the fact that there are so many drivers, but because reckless driving covers so many different offences. Passing a school bus is considered reckless, as is speeding, passing with undue care, or driving erratically. Nevertheless reckless driving is a criminal charge, and must be given serious consideration. How To Find A Good Reckless Driving Attorney The foremost of these considerations is finding an experienced lawyer. And not just any experienced lawyer — you will need a lawyer with substantial experience in criminal law, reckless driving cases in particular, and who practices in Fairfax County. Your cousin Saul the tax attorney in New York won’t cut it. Although it’s embarrassing, the best way to find an attorney is to ask friends and family members for advice. Your network will go a long way towards helping you identify who is a successful lawyer and who buys big ads in the Yellow Pages. There are also several review sites in the style of Yelp, but like any online reviews, you have to take them with a grain of salt. Don’t pick the first lawyer that answers the phone. Arrange consultations. Most any lawyer these days offers free consultations. You should consider these...
by admin | Sep 18, 2013 | Fairfax DUI / DWI
When someone is charged with a DWI in Virginia, they naturally have many questions. Here we have answered some of the common ones so that your consultation at our offices can be more profitably spent determining your options. What’s the legal definition of a DWI? It is important to understand what must be proven in order for someone to be found guilty of DWI. The prosecutor has to prove beyond reasonable doubt that the accused was operating a vehicle while under the influence of alcohol, or any combination of alcohol and other intoxicants. There are two ways to determine whether a person is “under the influence.” Either they have a BAC of .08 or greater, or they display signs of intoxication. The latter can be more difficult to prove, but it is admissible, and you can be convicted even without breathalyzer evidence. Will My Case be Dismissed if I Was Not Mirandized? The case will not be dismissed on that basis alone. The Commonwealth of Virginia has something called the Implied Consent Law. This means that anyone using public roadways in Virginia has implicitly consented to undergoing a breath or blood test if they are arrested for suspicion of drunk driving. This “agreement” means that a driver does not have to be read their Miranda rights, nor are they required to be allowed to consult a lawyer before testing. What is a Refusal Charge, and What Are The Penalties? Since the Implied Consent Law requires you to submit a breath test or blood sample upon request, if you refuse to do so, you can be subject to another charge,...
by admin | Aug 20, 2013 | Fairfax DUI / DWI
As an experienced criminal defense attorney in Virginia I have represented more than 1,000 clients who have been accused of DUIs. One recent development I have seen recently in the Commonwealth is for drivers who have been convicted of DWI/DUIs to be ordered to install breathalyzers in their cars. In 2012 Gov. Bob McDonnell signed legislation to require first-time DUI/DWI offenders in Virginia to install a breathalyzer in their vehicle to prevent them from driving while intoxicated. A recent study revealed these interlock devices are being widely used by the criminal justice system in the state. AP reported about 8,500 drivers convicted of a DUI were enrolled in Virginia’s ignition interlock program during the first 11-month period after the enactment of the tougher law, according to data supplied by the Virginia Alcohol Safety Action Program released by AAA Mid-Atlantic. Under the new law, first-time DUI offenders have to place the breathalyzer device in every vehicle they own and operate. The court-ordered interlock device measures the offender’s blood alcohol concentration level and stops their vehicle from starting if the level is higher than 0.02 percent. Under the law it’s a misdemeanor to tamper with the devices. Virginia is one of 15 states nationwide to have mandatory or court-ordered ignition interlock provisions or laws for drunken driving offenses, states the National Conference of State Legislatures. If you are charged with a DUI/DWI you may think it’s almost impossible to avoid conviction. However, many common field sobriety tests are considered invalid by the National Highway Transportation Safety Administration and breathalyzers are notoriously unreliable. Blood tests are also routinely mishandled. A criminal defense...
by admin | Aug 20, 2013 | Reckless Driving
Reckless Driving in Virginia is considered a Class 1 misdemeanor. That term doesn’t mean much to most people, but that puts reckless driving in the same class of offenses as DUI/DWI, shoplifting, and assault. What’s more, many activities fall under the umbrella of reckless driving. We have probably all done something that was considered an act of reckless driving at some point in our lives. Nevertheless, safety on our Virginia roadways is a matter of public concern, which is why the penalties can be so severe. Much is at the discretion of the court, the prosecuting attorney, and the circumstances that led to the arrest. Your attorney will carefully weigh the options and decide how to proceed. The penalties for reckless driving can include jail time, a fine of up to $2,500, up to six demerits lost on your license, and/or the loss of your license entirely. The court can sentence you to any or all of these penalties. The effects will carry over into your daily life, as well. Even if you do not do jail time, the loss of license or the demerits will likely require that you undergo remedial education (depending on the exact nature of your crime). Some states also have reciprocity agreements with Virginia, which means that the reckless driving conviction in Virginia will show up in your record in other states, and vice versa. A reckless driving conviction, like any criminal conviction, will come up every time someone runs a criminal background check on you, which can result in some awkward explanations when you apply to rent an apartment or to get security...
