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.