FAIL TO YIELD RIGHT-OF-WAY (ACCIDENT) - FAIRFAX COUNTY

CHARGE:
Fail to Yield Right of Way (Accident) - VA Code 46.2-820

DISPOSITION:
Reduced to Fail to Pay Full Time and Attention - Fairfax County Code 82-4-24

NOTE:
Fail to Obey Full Time and Attention is a -0- point violation.

ASSAULT ON POLICE OFFICER; RESISTING ARREST; DRUNK IN PUBLIC & FELONY FAIL TO APPEAR - FAIRFAX COUNTY

CHARGE:
1)  Assault and Battery on Law Enforcement Officer - VA Code 18.2-57 (Felony - 6 month mandatory minimum sentence)
2)  Resisting Arrest (Misdemeanor) - VA Code 18.2-479.1
3)  Drunk in Public - VA Code 18.2-388
4)  Fail to Appear (Felony) - VA Code 19.2-128

DISPOSITION:
1)  Nolle Prossed
2)  Guilty - 90 day jail sentence, 1 year active probation.
3)  Nolle Prossed
4)  Nolle Prossed

Note:  In this case we avoided a Felony conviction which, at a minimum, carried a 6 month mandatory sentence had Client been convicted.  W also avoid a conviction on the Felony Fail to Appear.

PRESCRIPTION FRAUD - FAIRFAX

CHARGE:
Prescription Fraud - VA Code 18.2-258.1 (FELONY)

DISPOSITION:
Reduced to Possession of a Controlled Substance - VA Code 18.2-250 (Misdemeanor).  No jail time, $1000 fine, unsupervised probation for one year.

DUI 2ND W/IN 2 MONTHS - FAIRFAX COUNTY

CHARGE:

DUI 2nd Offense within 2 Months - Va. Code 18.2-266/18.2/270

DISPOSITION:

Reduced to DUI 1st Offense.  30 days in jail, all 30 days ALL suspended.  Client was required to take the ASAP class, received a 12 month loss of license, a restricted license was authorized, and a $300 fine.

NOTE:

Client was stopped due to his LICENSE PLATE HOLDER or "TAG BRACKET" partially obscuring the word Virginia at the top of the license plate.  Make sure your Tag Bracket does not interfere with, charge, alter or obscure your license plate.  It was clear to everyone that the license plate said Virginia.  However, it could be enough, and it was in this case, for the officer to stop you.  I think the prosecutor did not want to put this issue in front of the judge since it was such a ridiculous and petty reason to stop someone to begin with.  However, and legally, it's still a violation of the law if you... see below.

§ 46.2-716. How license plates fastened to vehicle; altering appearance of license plates.

A. Every license plate shall be securely fastened to the motor vehicle, trailer, or semitrailer to which it is assigned:

1. So as to prevent the plate from swinging,

2. In a position to be clearly visible, and

3. In a condition to be clearly legible.

B. No colored glass, colored plastic, bracket, holder, mounting, frame, or any other type of covering shall be placed, mounted, or installed on, around, or over any license plate if such glass, plastic, bracket, holder, mounting, frame, or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is registered, or (iv) any character or characters, decal, stamp, or other device indicating the month or year in which the vehicle's registration expires. No insignia, emblems, or trailer hitches or couplings shall be mounted in such a way as to hide or obscure any portion of the license plate or render any portion of the license plate illegible.

C. The Superintendent may make such regulations as he may deem advisable to enforce the proper mounting and securing of the license plate on the vehicle.

DUI (.22) - FAIRFAX COUNTY

CHARGE:
DUI (.22) - Va. Code Ann. 18.2-266

DISPOSITION:
Blood Alcohol Content (BAC) reduced to .20.  Ultimately, the reduction saved client an additional 5 days in jail.  Client received credit for time already served.  So, Client had to serve an additional 4 days.  Client was required to pay $250, license was suspended for 12 months, a restricted license was granted w/ ignition interlock, attend the ASAP program.

NOTE:  We worked out this deal with the Commonwealth's Attorney the first time we went to court.  We were able to continue the case for 2 months so Client could get affairs in order and scheduled some time off from work, and save some money for the fines and court costs.

RECKLESS DRIVING (83/55) - FAIRFAX COUNTY CIRCUIT COURT APPEAL

CHARGE:

Reckless Driving by Speed (83/55) - Va. Code 46.2-862

CASE NOTE:

Client had perfect driving record.  Went to court, without an attorney, and was found guilty in the General District Court.  Client hired me for the appeal.

DISPOSITION:

Reduced to speeding (64/55); $150.00 fine.  Speeding at 9 mph over the speed limit is a 3 point violation.  

NOTE: 

It's never a good idea to assume that, since you have a good driving record, the judge will simply reduce your Reckless Driving ticket.  Reckless Driving is a Class 1 Misdemeanor.  The punishment for Reckless Driving include:  up to 1 year in jail, and/or up to a $2500 fine, and/or a loss of license of up to 6 months.  

RECKLESS DRIVING GENERALLY - LOUDOUN COUNTY

CHARGE:
Reckless Driving Generally - Va. Code 46.2-852


CASE FACTS:
Client lost control of her vehicle and struck a fire hydrant.


DISPOSITION:
Reduced to Improper Driving (Va. Code 46.2-869) $50.00 fine.

NOTE:
Improper Driving is a -3 point violation that stays on your driving record for 3 years.  Reckless Driving is a -6 point violation that stays on your record for 11 years.  Reckless Driving is also a Class 1 Misdemeanor in Virginia.

RECKLESS DRIVING (79/55); FOLLOW TOO CLOSELY; FAIL TO DRIVE IN MARKED LANE - FAIRFAX COUNTY

CHARGES:
1)  Reckless Driving by Speed - Va. Code 46.2-862
2)  Follow too Closely - Va. Code 46.2-816
3)  Fail to Drive in Marked Lane - Va. Code 46.2-804

DISPOSITION:
1)  Reckless Driving - Reduced to Speeding (74/55)
2)  Following too Closely - $50.00 fine
3)  Dismissed

Note:
Reckless Driving is a Class 1 Misdemeanor.  It is a -6 point violation and it stays on your driving record for 11 years.

DRIVING ON SUSPENDED LICENSE - FAIRFAX

Charge:

Driving on Suspended License - Va. Code 46.2-301

Disposition:

Reduced to No Operators License - Va. Code 46.2-300. $50.00 fine.

DRIVING UNDER INFLUENCE 2ND W/IN 10 YEARS (.22) - SPOTSYLVANIA COUNTY

Charge:

Driving Under Influence of Alcohol 2nd w/in 10 years (.22) - Va. Code 18.2-266/18.2-270

Disposition:

Case reduced from 2nd offense to 1st offense. Client was looking at a mandatory minimum term of incarceration of 20 days. Client received a 12 days jail sentence. Additionally, Client was allowed to report later in the month and serve the time on weekends instead of a straight term of incarceration so as to not interfere with work and school schedule.

DUI (.17) - FAIRFAX COUNTY (GEORGE MASON UNIVERSITY POLICE)

Charge:
Driving Under the Influence of Alcohol (.17) - Va. Code 18.2-266/18.2-270

Facts:
Client struck curb and was driving down the road with a flat tire. A traffic stop was then conducted by a Geroge Mason University police officer. Client allegedly failed three Field Sobriety Tests (FSTs) and blew a .17 on the Preliminary Breath Test.

Disposition:
Prosecutor struck reference to Client's Blood Alcohol Content (BAC) of .17. Therefore, Client avoided the mandatory minimum 5 days in jail, and the installation of the ignition interlock device.

DUI (DRUGS) - LOUDOUN COUNTY

Charge:

Driving Under Influence of Prescription Drugs -Va. Code 18.2-266

Facts:

Client involved in one car accident where he drove off of road into ditch. Law enforcement responded to the scene to find Client disoriented. A series of Field Sobriety Tests (FST) were conducted. According to the officer who responded, Client failed the FSTs. Preliminary Breath Test result was 0.00. Client was taken to hospital where blood was taken and submitted to the Department of Forensic Science (DFS) for analysis. Results were positive for Alprazolam and Diazepam. A toxicologist opined that the levels of the two drugs in Client's system were higher than what is commonly considered therapeutic.

Results:

Reduced to Reckless Driving - Va. Code 46.2-852. No ASAP, no jail time, no loss of license.

POSSESSION OF MARIJUANA - FAIRFAX COUNTY

Charge:

Possession of Marijuana - Va. Code 18.2-250.1

Facts:

Client pulled over due to his windows being too tinted. Officer smelt marijuana coming from Client's car. Officer asked Client about the smell and Client told officer that he did, in fact, possess marijuana.

Disposition:

Reduced to Possession of Paraphernalia - Va. Code 54.1-3466. No jail time and a $200 fine.

Note:

This disposition spared Client a 6-month loss of license.

Problems with this case:

1) It was a very strong case for the prosecutor. 2) Client had been charged with this crime twice previously. Once, the prosecutor dropped the charge (nolle pros), the other time Client was found guilty but was able to enter into a disposition pursuant to 18.2-251 ("251"). So, in this case, Client could not receive the 251 disposition again.

RECKLESS DRIVING (89/55) - FAIRFAX COUNTY

Charge:

Reckless Driving by Speed (89/55) - Va. Code 46.2-862

Disposition:

Reduced to simple speeding, an infraction not a misdemeanor, Va. Code 46.2-870.

IGNITION INTERLOCK VIOLATION - FAIRFAX COUNTY

Charge:

Violation of ASAP due to Ignition Interlock violation - Va. Code 18.2-271.1

Facts:

Client tried to start her automobile on New Years Eve with a Blood Alcohol Level of .139.

Disposition:

No jail. $200 fine. Client's probation was extended by the court for 6-months. Client must remain in classes recommended by ASAP.

DUI - FAIRFAX COUNTY (GEORGE MASON POLICE)

Charge:

Driving Under the Influence - Va. Code 18.2-266

Facts:

Client was driving back on Braddock Road after being out socially. Officer observed Client speeding and allegedly swerving on Braddock Road. Officer initiated traffic stop. Client allegedly failed all of his Field Sobriety Tests (FST). Preliminary Breath Test (PBT) result was .14.

Disposition:

Reduced to Reckless Driving - Va. Code 46.2-852. Prior to trial, I instructed Client to enter into the Alcohol Safety Action Program (ASAP). Client not only enrolled, but was able to complete the class prior to going to court. Therefore, Client was not required to take the class pursuant to the court's disposition. Pursuant to the agreement, Client was required to service 2-days in the Fairfax ADC. Client's license was suspended in Virginia for 6 months. However, Client was a Maryland resident, and did not work in Virginia, so the loss of license had little effect, overall, on Client.

POSSESSION OF ALCOHOL - PRINCE WILLIAM COUNTY

Charge:

Possession of Alcohol - Va. Code 4.1-305

Facts:

Law enforcement officers "busted" a party in Prince William County. Client submitted to a Preliminary Breath Test with a result of .019.

Disposition:

I advised client to perform 25 hours of community service prior to trial. He did perform all 25 hours and the case was dismissed.

RECKLESS DRIVING GENERALLY (.08 BAC) & RECKLESS DRIVING BY SPEED (89/55) - FAIRFAX COUNTY

Charges:

1) Reckless Driving (Generally) - Va. Code 46.2-852

2) Reckless Driving (Speed 89/55) - Va. Code 46.2-862

Disposition:

Reckless Driving (Generally) nolle prossed (dismissed) by prosecutor. Client pled guilty to Reckless Driving by speed (89/55) with $100 fine.

RECKLESS DRIVING (80/55) - LOUDOUN COUNTY

Charge:

Reckless Driving by Speed (80 mph/55mph) - Va. Code 46.2-862

Facts:

Nothing notable. Client's driving record was terrible.

Disposition:

Reduced to simple speeding (74/55) in violation of Va. Code 46.2-870.

Note:

Reckless Driving is a 6-point violation, and the conviction stays on your DMV record for 11 years. Since this case was reduced from Reckless Driving to Speeding, it is a 4-point violation that will stay on my Client's DMV record for 5 years.