Misdemeanor & Felony Traffic Offenses in Virginia Beach
Traffic Lawyer in Virginia Beach
If you have recently received a traffic ticket or were arrested for a serious driving offense, it is important that you hire an attorney who can provide you with aggressive protection. Although traffic tickets are common, certain offenses are taken more seriously in the eyes of the law. You need a license to be able to get around on a daily basis to your job, school, or to take care of your errands and responsibilities.
At The Law Offices of Daniel J. Miller, we understand how stressful it can be to be arrested or have your license threatened. Our Virginia Beach traffic defense attorney provides quality representation to clients throughout Southeast Virginia.
We handle a wide range of traffic violation cases, including:
- Driving under the influence (DUI)
- Underage DUI charges
- Driving on a suspended license
- Driving on a revoked license
- Hit and run
- Reckless driving
- Speeding tickets
Depending on the severity of the offense, such as with speeding tickets, you may not be facing serious consequences. However, what seems like a minor offense can stay on your record and cause you problems in the future. With more serious traffic offenses, like hit and run incidents or DUI, you could be facing jail time. You will need a dedicated criminal defense lawyer on your side to protect you against the repercussions.
Get a confidential consultation today! Call (757) 267-4949.
Reckless Driving Charges in Virginia
One of the most frequently asked questions by individuals who are charged with reckless driving is whether they should retain an attorney to represent them. Reckless driving is a class one misdemeanor.
If convicted, possible penalties include:
- 12 months in jail
- $2500 fine
- 12 months suspension of your driving privileges
Can I Really Go to Jail for Speeding in Virginia?
The short answer is yes. By statute an individual charged with speeding 20 miles over the speed limit or over the speed of 80 may wind up behind bars.
The likelihood of active incarceration is based upon:
- The city in which you were charged
- The specific judge you will be appearing in front of
- Your driving record
- The level of cooperation afforded the officer
- Whether there were any egregious factors such as heavy traffic, near accidents, or alcohol use
The most important key to avoiding jail time is to have an attorney who is familiar with the local Bench. Reckless driving may coincide with other criminal charges such as DUI. Knowing how to present a case and what factors to avoid and what factors to highlight could be the difference between jail and reduction of the charges.
Contact a Virginia Beach Traffic Offense Defense Attorney
Traffic tickets can pile up and lead to your license being revoked and more serious offenses can affect your record. Working with an experienced Virginia Beach traffic lawyer can help protect you from jail time or having your license suspended. Would you like to schedule an initial consultation to discuss the details of your situation?
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I feel very confident walking into the courtroom with him by my side.- C.A.
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Defective Equipment and Driving on Revoked License Traffic Violations
Our client was stopped for a defective taillight. The officer noted that the client’s privilege to operate a motor vehicle had been suspended based upon a prior DUI with no restrictions. The officer agreed to dismiss both charges based upon our client’s ability to have obtained his driver's license and fix the broken taillight.
Reckless Driving Traffic Violations
Our client was charged with reckless driving after he was alleged to have run off the road and taken down several trees. We appeared in our client’s absence and, based upon cross-examination of the officer and argument, the charge of reckless driving was dismissed.
Possession of Heroin Traffic Violations
Our client was charged with possession of heroin when an officer searched his vehicle for a traffic violation. We were able to convince the commonwealth attorney’s office to dismiss the charge based upon insufficient evidence to show that our client knew that the substance was present in the vehicle.
Paid Court Costs Hit and Run, Reckless Driving and Providing a False Police Report
Our client was charged with hit and run, reckless driving, and providing a false police report. We negotiated a plea agreement wherein the client plead guilty to providing a false police report and the remaining charges were dismissed. Based upon argument made at the time of sentencing, the client was fined $50 and ordered to pay court costs.
Case Dismissed Reckless Driving
Our client was charged with reckless driving – operating his motor vehicle at a speed of 91 miles per hour in a 55 mph zone. On cross-examination, the officer was able to produce a calibration for the vehicle for which he used to pace but the calibration was not properly authenticated. Court held the calibration inadmissible and the case dismissed.
Reduced to Defective Equipment Reckless Driving 92/55
Our client was charged with reckless driving 92/55. At our request, our client obtained a vehicle calibration and attended a driver improvement school. We argued that a reckless driving offense would create an unreasonable hardship. The charge was reduced to defective equipment, a non-moving violation.
Case Dismissed Reckless Driving
Our client was charged with a reckless driving accident. On cross-examination of the commonwealth's witness, it became apparent that the complainant was partially at fault. We successfully argued that under relevant case law the mere occurrence of an accident in and of itself is insufficient for a finding of guilt. The charge was dismissed.
Case Dismissed Reckless Driving and Open Container
Our client was charged with reckless driving and open container after he made an illegal U-turn to avoid a DUI checkpoint. We were able to prove that the operation of the motor vehicle did not in and of itself endanger life and that because the container was located on the floor of the passenger seat, they could not prove that my client knew of its presence. Both charges were dismissed.
Case Dismissed Hit and Run and Driving on Suspended License
Our client was charged with hit and run and three counts of driving on a suspended license. The court could not prove that he was operating the vehicle at the time of the accident since they pulled him over long after the accident occurred and they couldn't prove notice on any of the suspended license charges. The charges were dismissed.
Case Dismissed Traffic Violation
Our client was charged with driving down a one-way street. The court dismissed the charge on the basis that our client may have lacked proper notice.