by Faraji Rosenthall | Jan 26, 2016 | Traffic Charges
Can I Face Criminal Penalties for a Hit and Run? We are human beings and because of this we are not perfect all of the time. However, because we are human, whenever we are in the wrong, one of two things tends to happen: We accept whatever consequences come from our actions or we flee from the harm that our actions have caused. Facing the consequences is admirable, but fleeing the scene of an incident can have huge consequences. This is especially true when there is a hit and run accident. If you or a loved one have been charged with a hit and run you should contact an experienced Virginia hit and run attorney to look into your case. What is a Hit and Run? A hit and run is a car accident with either an object, another car, or a pedestrian, in which the driver intentionally leaves the scene without leaving proper contact information. When there is a hit and run, the crime is committed as soon as you leave the scene of an accident that you have caused without following proper protocol. What are the Consequences of a Hit and Run? In Virginia, it is illegal to leave an accident without following the proper protocol set out in Virginia’s laws. Generally, whenever you are involved in a car accident, you are required to wait at the scene until the police arrive and investigate. Virginia Code Section 46.2-894 states that if a driver is involved in an accident with an injured person, or damaged property, the driver is required to stop and report his or her name,...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Traffic Charges
What Happens If You Are Caught Driving After Your License Was Suspended From a DWI? If you are caught driving when your license was suspended for a DWI, you may face a possible conviction under 18.2-272. Unless you have previously been convicted of a driving on suspended these charges can often be resolved with no jail time. However, the tangential impacts of such a conviction can be much worse. The DMV will suspend your license for at least a year. The DMV suspension is typically equal to the length of time that your original suspension was for. So if you were caught driving during a 12 month suspension, the DMV will add another 12 month suspension on to the end. During that period of suspension you will not be eligible for a restricted license and will essentially have to walk everywhere. Regardless of whether you lose your job or cannot provide for your family you will not be able to drive at all. Additionally, you will likely be subject to receiving some or not all of your suspended jail time imposed. In most Fairfax DWI cases, the initial sentence is 30 days of suspended jail time. If you are caught in violation of your initial sentence you will likely have to face a judge who can impose some or all of that sentence. The 18.2-272 charge applies if: You are driving and do not have a restricted license You are driving outside the terms of your restricted license (either time and/or location) You are driving after drinking (the limit is .02) Regardless, the potential...
by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
How to Fight a Traffic Ticket in Fairfax County If you’ve ever experienced Fairfax traffic court, you know just how heavy-handed the justice system can be. If you’re charged with reckless driving by speeding for instance, you won’t get the opportunity to take a driver’s course in lieu of conviction, as is the case with other jurisdictions in Virginia. Traffic misdemeanors are also heavily penalized including driving without a license or on a suspended one. You could also end up with a criminal record for fleeing the scene of an accident, or altering tags. There is hope however, for both simple traffic infractions What about Simple Traffic Infractions? If you have a simple traffic infraction that’s not criminal, should you go to court? Is it worth fighting for? This depends on several factors including whether you can afford points, higher insurance, or a bad driving record. Top Facts Regarding Traffic Tickets in Fairfax County Upon issuance of a simple traffic ticket you will usually have 30 days to pay. Fines in Virginia can be paid online or through the county clerk. For criminal traffic offenses like those discussed earlier, you will need to attend court. If you hire a lawyer, he or she can attend trial on your behalf in some circumstances. If a simple traffic ticket or civil infraction isn’t paid, the consequences can include a driver’s license suspension and added late fees. Alternately, drivers can opt to attend court and see how it all plays out, whether they’re pleading guilty or innocent. A traffic lawyer can also help to negotiate on the driver’s behalf to fight for...
by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
What Can I Do If I Have Been Charged with Driving on a Suspended License? Driving on a suspended license is a very commonly charged offense. A license can be suspended for a variety of reasons. A license may be suspended for the failure to pay court fines. A license is often suspended as the result of the conviction of a crime. For example, after a DUI or DWI conviction the defendant’s license is suspended for a period. Finally, driving without a valid operator’s license is also illegal. What are the Penalties for Driving on a Suspended License? The penalties for driving on a suspended license depend on the reason for the suspension. In many cases, the offense is charged under Va. Code 46.2-301. Under this statute, driving on a suspended license is a Class 1 Misdemeanor. It carries up to 12 months of jail time and a fine up to $2,500. Of course, the defendant’s license will be re-suspended for the same period as the prior suspension or up to 90 days. A third offense of driving under a suspended license also contains a 10 day mandatory period of incarceration. When a license has been suspended because of a DUI, DWI or refusal to take a breathalyzer, the punishment can defer slightly if the offense is charged under Virginia Code 18.2-272. Driving while a license is suspended for a DUI or DWI is still a Class 1 Misdemeanor, but is elevated to a Class 6 Felony on the third offense within three years. The defendant’s license suspension is also increased for one year for a first offense and...
by Faraji Rosenthall | Mar 23, 2015 | Traffic Charges
Does A Traffic Offense Go On Your Criminal Record? All traffic tickets may seem the same on the surface, but not every traffic offense is just that. Some are criminal. The most common criminal offenses that can occur while driving include: Driving Under the Influence – this may seem like the most obvious, and it occurs when drivers exceed the state’s limits on blood alcohol counts when operating a vehicle. Driving Without a License – it’s illegal to drive without a license all over the nation. In Virginia, this is considered a class 2 misdemeanor. What happens if you have a license but simply forgot it at home? In this event, the validity of the license can usually be searched by referring to the driver’s birth date or other personal information. Reckless Driving – can occur in several ways including driving over the speed limit, running a stop light, failing to yield, or simply operating a vehicle with wanton disregard for life, property or limb. Reckless driving is a little different from the other charges in that if may not appear on your criminal record under many circumstances. Even though it is technically a criminal charge in Virginia, you should talk to a lawyer to see if your specific case will result in a blemish to your criminal record. Many times it will not. It will certainly appear on the court records and on your driving record, which may eliminate many of the problems people often associate with a criminal conviction. Driving On Suspended License – this is also a misdemeanor in the state of Virginia, which subjects offenders...
by admin | Jan 24, 2014 | Traffic Charges
Should you hire a lawyer for a traffic ticket? It depends. That ticket may just be a simple matter. However, it may also cause unintended consequences. If your ticket states that you are required to appear in court, talk to an attorney. Officers only check that box when you’ve committed an offense that can lead to jail time. It doesn’t mean you will definitely be imprisoned. It does mean having a lawyer is a great idea, though. The Fairfax traffic court is a vast and busy system. You’ll want to have someone on your side who knows how it all works. Here are three charges for which we suggest you involve an attorney. Driving without a License or No Operator’s License This charge means you were caught driving without a valid license. The first offense is usually a minor one. Common penalties include a license suspension and three points that stay on your record for three years. Subsequent offenses are more serious. These may result in jail time. A lawyer can help in both cases. However, you will definitely want to hire a lawyer if this isn’t your first offense. Driving on a Suspended License It is illegal for you to drive if your license has been suspended for any reason. If you’re caught, you will face serious consequences. These include a fine and jail time. You may also receive another license suspension. You won’t be able to get a restricted license. If you’re facing this charge, get an attorney involved before you appear in court. Working with one makes it much more likely your case will end favorably....
