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 | 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...
by admin | Jun 24, 2013 | Fairfax DUI / DWI, Reckless Driving, Traffic Charges
There have been a lot of stories about how some people have “talked their way” out of a ticket. In fact, it’s so common to try and find some “other” reason for poor driving that a poll in USA Today found the Top Ten most common reasons for excusing poor driving. In cases involving suspected DWI, the excuses (real or not) have a lot in common. The most popular reasons for not getting a ticket range from “I didn’t know it was broken” (number 3) and “I was lost” (number 2) and “I couldn’t see the sign” (number 1). Whether these excuses become good defenses to a DWI often depend on the driver working with a DWI attorney who can present the true facts. The reality for anyone who is cited for a DWI, however, is that police are supposed to follow very strict rules, excuses or not, for giving a DWI citation. Whether these rules are followed is often decided by being sure an experienced DWI attorney helps the driver. In one Fairfax County case, a woman caused an accident during rush hour. Though she seemed to be intoxicated, the woman insisted on getting medical treatment instead of agreeing to a field sobriety test. The police officer, who had the breathalyzer test ready, watched as the ambulance loaded the woman for the hospital. Hours later, the officer decided not to cite the woman for DWI. The woman may have avoided a DWI citation: but the officer received a disciplinary action for “shirking his duty.” As with the modern reasons for trying to talk an officer out of a...
by admin | Jun 18, 2013 | Reckless Driving, Traffic Charges
Want to Know How Much Your Reckless Driving, Speeding or Other Virginia Ticket is Going To Increase Your Insurance? Increased insurance premiums should be the only concern most drivers should have when they receive a Reckless driving or other traffic ticket in Virginia. The fact is, jail time and a loss of license are simply not realistic consequences except for a small percentage of drivers who were either going very fast or have horrible driving records. However, every single driver is required to carry insurance. And it is likely that your insurance company will review your record. The website Insurance.com has created a special calculator which allows a person to get an estimate of how much their insurance will increase if they are convicted for different types of driving violations. The calculator is based on a review of nearly 500,000 insurance policies across the United States. The Law Office of Faraji Rosenthall has no relationship with Insurance.com and has no idea how legitimate their claim is. However, a quick search indicates that the website has been reviewed by such reputable sites as Forbes.com and Washingtonpost.com. The calculator tells the user how much their insurance will increase based on the user’s location, marital status, whether they own or rent their home, years with the current insurance carrier, age and current premium. These are all factors most insurance companies consider when determining how much to charge. The calculator then determines how much a person can expect their premium to increase as a percentage of their current payments. This new tool takes all the guess work out of trying to figure out...
by admin | Apr 9, 2013 | Reckless Driving
Court starts promptly at 9:30am. It is important to allow plenty of time because security checks can sometimes delay entry to the courthouse. My secretary will call you the day before as a reminder and also to tell you which courtroom your case is in. Between 9am and 9:30am I will meet with the Prosecutor to remind them that I will be representing you. This serves two purposes. It tells the Prosecutor to take your case out of the judge’s stack of files. Additionally, it tells the Prosecutor to talk to your police officer about your case. Prosecutors in Fairfax do not talk to the police on traffic cases prior to the court date. They also do not get involved in cases where a person represents themselves. (Known as going pro-se). When the judge starts calling cases at 9:30 your case will be with the Prosecutor and won’t be one of the cases the judge calls. Depending on how crowded the courtroom is that day, the Prosecutor may take up to an hour to talk to the officers and get information about your case. During that time you can get breakfast, read, or otherwise simply watch the other cases. About 10:30, the Prosecutor will start talking to the lawyers. During these brief meetings the Prosecutor will share the officer’s version of events. They will also allow me to view the officer’s calibrations. Calibrations are records that prove the officer’s equipment has been tested and confirmed to be reliable. The vast majority of Fairfax Reckless Driving cases are won or lost based on whether the calibrations comply with a complex...
by admin | Apr 9, 2013 | Fairfax DUI / DWI, Reckless Driving, Traffic Charges
If you are convicted of a Fairfax DUI the judge will suspend your license for at least 12 months. Even if you live in another state the judge will suspend your “privilege to drive in Virginia” (it will be up to your home state to determine how to handle the Virginia suspension). Convictions for any reckless driving may also result in a loss of your driver’s license. Any drug conviction will have the same impact. However, an experienced DUI, drug, and reckless driving attorney will often make sure that a client who loses their license is able to receive a restricted license. A restricted license allows a person whose license is suspended for either a DUI, Reckless Driving, or Drug Conviction to still drive for certain limited purposes. Drivers using a restricted license are able to drive to: 1) Work 2) School 3) ASAP and ASAP required activities 4) School 5) Medical appointments (for yourself, elderly parent, household members, and children) 6) Your children’s school 7) Your children’s daycare 8) Probation 9) Church Applying for a restricted license in Fairfax In Fairfax, the process for obtaining a restricted license is simple. It is particularly easy if you apply for one when you are in court for your underlying case. The first step is to work with your attorney to complete the two page application. You will need to know your address as well as the addresses for all the locations where you want to travel. You will also need to identify the specific times when you wish to be allowed to drive. This timing is very important. Judges are...
