Reckless Driving, 37 MPH Over The Limit, Amended to Speeding
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Mark Matney
DUI & Traffic Court Lawyer
Dismissal of Brandishing a Firearm
Dismissal of Brandishing a Firearm, DUI Attorney, Matney Law PLLC - Newport News VA, Traffic Court AttorneyGloucester Virginia, Hampton Roads area of Virginia, Hampton VA, Newport News, Surry County, Williamsburg, Yorktown VA
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Dismissal of Brandishing a Firearm
Defending against a charge of brandishing a firearm requires carefully evaluating the language of the Virginia Code and comparing it to the facts and circumstances of the case. The brandishing code section applies whenever someone points or handles a firearm in a manner that reasonably induces “fear in the mind of another.” There is a exception for self-defense. In our case, my client was charged with brandishing a firearm by the police officer who arrived and saw him pointing a gun at his friend. At the trial, the friend was not called as a witness. After cross-examining the police officer and questioning two neutral witnesses, it became clear that the person who the gun was pointed toward had been asked to leave the property twice and that one of the witnesses had actually escorted him from the property. It was also evident that he supposed victim had continued to advance toward my client despite being told to stop and to leave the property. The officer and the witnesses did not provide any statements that indicated that the gun had actually “induce[d] fear in the mind of another of being shot or injured.” In fact, the continued advancing toward the weapon showed that he was not afraid. Other factors that the judge considered were the intoxication of the supposed victim and that my client was the one who had called the police. Brandishing is not to be taken lightly, but this charge can be successfully defended by analyzing the facts and challenging whether the officer or prosecutor has proven the elements set forth in the Virginia Code.
Virginia Code § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
Reckless Driving in the Juvenile and Domestic Relations Court
Matney Law PLLC - Newport News VA, Reckless Driving & Speeding, Traffic Court AttorneyGloucester Virginia, Hampton Roads area of Virginia, Hampton VA, Newport News, Newport News DUI Defense Attorney, Surry County, Williamsburg, Williamsburg VA, Yorktown VA
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Reckless Driving in the Juvenile and Domestic Relations Court
Reckless Driving
Posted by Mark Matney of Matney Law PLLC Newport News, VA
www.matneylawpllc.com
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Two recent cases demonstrate that extra preparation by minors can have an extraordinary impact on their cases. The two clients, both age 17 when they were stopped, were charged with reckless driving at speeds over 100 mph. I have seen Circuit Court judges on the Peninsula sentence minors to active jail time at these speeds. However, both of these clients had their cases dismissed. No reporting to DMV, no demerit points, no misdemeanor convictions, no insurance rate adjustments, no suspended licenses, no jail. The charges were outright dismissed.
For the first case, the young lady was placed on house arrest with an ankle bracelet pending the trial date. She was only permitted to leave her home to go to school and work and was not permitted to drive for most of the pretrial period. In addition to all of these complications, she volunteered many hours of community service before her court date. After court she had to avoid any new violations pending a review date. The second client, a young man, completed two driver improvement classes and volunteered before court. After the court hearing the judge required a significant number of additional community service hours and the avoidance of any new charges before his review date.
These clients helped me and my associate attorney, Abigail Hockett, to achieve the best possible results by following our preparation instructions and then exceeding the judge’s expectations before their review dates.
Guilty of Reckless Driving
Matney Law PLLC - Newport News VA, Reckless Driving & Speeding, Traffic Court AttorneyGloucester Virginia, Hampton VA, Newport News, Surry County, Williamsburg, Yorktown VA
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Guilty of Reckless Driving
Reckless Driving
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
Mark, why are you writing about someone who was found guilty of reckless driving? To warn you not to make matters worse when you see police lights!
My client was charged with reckless driving by speed at a speed where judges will often amend the charge from reckless driving to speeding. However, instead of stopping immediately for the state trooper, my client just kept driving. The trooper testified that he activated his lights for ¾ mile but my client kept driving, that he then activated his siren, but my client kept driving, that she stopped for a red light, but took off again when the light turned green, and that she then continued driving despite lights and sirens. Finally, my client stopped suddenly in the left lane. The trooper graciously refrained from charging my client with evading / eluding police or from arresting her at the scene and instead issued her a summons for Reckless Driving by speed. However, the judge was not impressed when my client had no explanation for the failure to respond to the trooper’s emergency equipment and refused to amend the charge from reckless driving.
If you see police lights, then you are required to yield. Move promptly to the right lane or shoulder to permit the police to pass you. If you realize the police lights are for you, then pull off of the road as soon as possible. You may proceed to a safe place to pull over if there is no shoulder or no light, but do it quickly and do not pass reasonable places to pull over.
You were going how fast?
Matney Law PLLC - Newport News VA, Reckless Driving & Speeding, Speeding Ticket Defense LawyerGloucester Virginia, Hampton Roads area of Virginia, Hampton VA, Newport News, Williamsburg, Yorktown VA
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You were going how fast?
Reckless Driving & Speeding Charge
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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I traveled out of the local area in September to help someone who was charged with Reckless Driving at 90 in a 55 mph zone – that’s right, 35 mph over the limit. The officer suspected that my client was actually racing another driver. My client could have been more cooperative with the officer, but despite this we were able to avoid any active jail! In fact, he ended up with only a $100 fine to pay and 30 days loss of license. Amazing when you consider that many judges start putting people in jail at 30 mph hour and the maximum license suspension for reckless driving is 6 months!!
Another client in a local court received an amendment of her charge from Reckless Driving, 92 in a 70 mph zone, to Speeding at 10 mph over the limit. This result avoided the criminal misdemeanor conviction and reduced the DMV reporting period from 11 years to 5 years.
Did You Win?
BLOGs by Mark Matney of Matney Law PLLC, DUI Attorney, Matney Law PLLC - Newport News VAHampton Roads area of Virginia, Hampton VA, Newport News, Williamsburg VA, Yorktown VA
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Did you win?
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Did you win?... Dismissal is the best result in a traffic or criminal result, but is dismissal the only way to determine victory? Matney Law PLLC serving Newport News, Williamsburg, Hampton, Yorktown. Avvo Attorney Reviews...
Blood Alcohol Content (BAC)
Consider this recent DUI / DWI case. My client was charged with DUI with an elevated Blood Alcohol Content (BAC), Felony Hit and Run, Open Container, and Driving with a Suspended License. The final result: Guilty of DUI with only the mandatory minimum sentence, Dismissal of the charges of Open Container and Driving with Suspended, and Amendment of the Felony Hit and Run to a misdemeanor. Avoided two misdemeanors, avoided a felony conviction that would have resulted in the loss of certain rights, but convicted of DUI. A loss on the DUI itself, but I submit that the case was a victory since two misdemeanors were dismissed and a felony conviction (with its loss of civil rights) was avoided.
Demerit Points
Driving Demerit Point, Matney Law PLLC - Newport News VADUI Traffic Court Attorney Mark Matney, Gloucester Virginia, Hampton VA, Newport News, Surry County, Williamsburg VA, Yorktown VA
Demerit Points
Ever wondered about how driving demerit points are calculated? Mark Matney explains everything in his video... Questions on DUI, Speeding, Reckless driving, or driving while suspended please call Matney Law at 757-784-3507.
Avoid DMV Demerit Points
BLOGs by Mark Matney of Matney Law PLLC, Can you reduce or avoid DMV Demerit, DUI Attorney, Matney Law PLLC - Newport News VADMV Demerit Points, DUI Traffic Court Attorney Mark Matney, Hampton VA, Williamsburg, Williamsburg VA, Yorktown DUI Defense Attorney, Yorktown VA
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DMV Demerit Points
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
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Can you avoid DMV Demerit Points? Today in Hampton I helped two clients charged with speeding achieve amendments to defective equipment. Both avoided 4 DMV demerit points. [May 1, 2018, Mark Matney].
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Handling a wide array of traffic violation cases
Matney Law PLLC of Newport News Virginia regularly represent clients charged with traffic violations, including:
Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.
DWI Amended to Reckless Driving
BLOGs by Mark Matney of Matney Law PLLC, DUI Lawyer, Matney Law PLLC - Newport News VA, Reckless Driving & SpeedingDUI Traffic Court Attorney Mark Matney, Gloucester Virginia, Hampton Roads area of Virginia, Hampton VA, Newport News, Newport News DUI Defense Attorney, Surry County, Williamsburg, Williamsburg VA, Yorktown DUI Defense Attorney, Yorktown VA
DWI Amended to Reckless Driving
Posted by Mark Matney of Matney Law PLLC Newport News VA
www.matneylawpllc.com
__________________________________
Today I was glad to help a client achieve an amendment from DWI 1st offense to Reckless Driving General. This result avoided the DWI label while also helping the client avoid the ignition interlock and reduce the period of license suspension from 12 months to 6 months.
Each case involves its own set of circumstances and facts, so I cannot guarantee a particular outcome in a specific case. In some recent DWI cases the charges associated with the DWI case were dismissed and/or reduced without an amendment of the DWI itself. However, three other recent DWI clients in the past two weeks received amendments of their DWI charges. Two clients charged with DWI 2nd offense had their cases reduced to DWI 1st offense and another client received an amendment from a DWI with an elevated 0.20 blood alcohol level to the standard blood alcohol level of below 0.15.
Traffic Violations
Traffic ViolationsThe Lawyers at Matney Law PLLC in Newport News Virginia defend people against traffic violations. The Matney Law firm defends people in traffic court against reckless driving, speeding, expired registration, expired license, running a red light or stop sign, failure to wear a seat belt, DUI, DWI, driving without a license or with a suspended license, leaving the scene of an accident, hit-and-run accidents, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry County, Toano.
So You Got A Ticket
So You Got A TicketTraffic tickets are serious business.
While many view traffic violations as minor infractions and nuisances, traffic tickets and moving violations have the power to wreak havoc on your life. Fees quickly mount, and points from tickets can cause your insurance premiums to skyrocket or result in a revoked or suspended license. Matney Law PLLC does not underestimate the seriousness of traffic violations and doggedly works on your behalf to get the charges you face reduced or dismissed.They can result in fines, court costs and points being placed against your driving record. Accumulating enough points within a two-year period subjects a person to additional sanctions by the Motor Vehicle Administration, including driving school, an official warning letter, a point system conference, suspension or even revocation or driving privileges. And imagine how high your car insurance will be.
Call 757-784-3507
I Welcome Your Comments
Handling a wide array of traffic violation cases
I regularly represent clients charged with traffic violations, including:
Reckless driving
Speeding
Expired registration
Expired license
Running a red light or stop sign
Failure to signal when changing lanes
Failure to wear a seatbelt
Driving under the influence (DUI)
Driving without a license or with a suspended license
Leaving the scene of an accident
Violating license restrictions
Hit-and-run accidents
Passing a Stopped School Bus
Failure to Yield
Unsafe Lane Change
Following too Closely
Whether you have been charged with a moving or nonmoving violation, I possess the knowledge needed to protect your best interests in traffic court.
2017 Case Results
DUI & Traffic Court Attorney Mark Matney, DUI Attorney - Traffic Court Lawyers - Newport News VA, DUI Attorney - Traffic Court Lawyers - Williamsburg VA, Matney Law Case Results 2017, Matney Law PLLC - Newport News VA2017 Case Results, DUI, DUI Lawyer, Newport News DUI Defense Attorney, Surry County, Williamsburg VA
2017 Case Results
This is a listing of the 2017 Case Results handled by Matney Law, PLLC. Matney Law defends people in traffic court charged with, DUI, DWI, drunk driving, reckless driving, traffic law, speeding, accident, suspended license, failure to yield. Our coverage area includes all of Hampton Roads, especially Newport News, Hampton, Yorktown, Williamsburg, York County, James City County, Virginia Beach, Norfolk, Chesapeake, Suffolk, and Isle of Wight.
Disclaimer for Case Results...
I am frequently asked for the results of my representation. I have therefore summarized the cases I handled in 2017 and provided them on the website for your review. I chose not to post only the most successful cases or a sampling of cases. Instead, I have provided outcomes for all of my traffic related matters. In some instances I have reported only the final Circuit Court result when a case was presented in the General District Court and then appealed to the Circuit Court.
To protect confidentiality, I have removed the identities of clients, judges, and law enforcement personnel.
This information accurately reflects the outcomes of those cases but the results in each situation depend on many factors and cannot be relied on to guarantee the result in your particular matter. Each case is unique because it involves its own combination of evidence, client history, law enforcement, prosecutor, and judge.
Comment for Reckless Driving Cases
In every case where a Reckless Driving charge is amended to Speeding or Improper Driving, the criminal misdemeanor is avoided and the result is a traffic infraction. This reduces the length of time the charge remains on the driver's DMV transcript and in most cases it also reduces the number of DMV demerit points.
CASE RESULTS 2017
January
Charge: Reckless driving in parking lot (accident). Result: Amended to following too closely. No fine, court costs only. Avoided misdemeanor and fine. Reduced DMV demerit points and length of time reported on DMV transcript.
Charge: Speeding 30/25 in school zone. Result: Withheld finding with review date. To be dismissed without court appearance if no new violations.
Charge: Reckless driving by speeding 76/55. Result: Amended to Defective Equipment with $150.00 fine.
6 Charges: (1) DUI 2nd in 5 years - Amended to DUI 2nd in 10 years, ASAP, $1000 fine with $500 suspended, 180 days jail with 150 days suspended (20 to serve on weekends), 3 years suspended license with restricted in 4 months. (2) Driving while suspended - $100 fine, 90 days suspended license, 90 days jail with 86 suspended (2 days to serve on weekend). (3) & (4) Refusal 2nd offense & Failure to have vehicle inspected - Both dismissed by Nolle Pros. (5) Capias for violation of pretrial conditions - Dismissed. (6) Display tags on wrong vehicle - Dismissed upon payment of court costs. Dismissal of the Refusal 2nd offense avoided 3 years license suspension. Amendment from DUI 2nd in 5 years to DUI 2nd in 10 years made client eligible for a restricted license in 4 months instead of in 12 months.
4 Charges: (1) Driving without License (46.2-300). Result: Amended to No License in Possession (46.2-104) with $10.00 fine plus costs. (2) Failure to Provide Proof of Insurance at Accident. Result: Dismissed with payment of costs. (3) Open Container. Result: Guilty, $75.00 fine and costs. (4) RD General (Accident). Result: Guilty with $750.00 fine with $500 suspended and costs; 90 days Restricted License; 40 hours community service. Appealed Reckless Driving and Open Container. (The reckless driving and open container were later dismissed in Circuit Court).
Charge: Reckless driving by Speed, 47/25. Result: Amended to speeding 44/25, $114.00 fine.
Charge: Speeding, 63/45. Result: Dismissed with payment of court costs.
Charge: Speeding 77/60. Result: Amended to Defective Equipment, $30.00 fine.
Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 20+ mph, $120.00 fine.
Charge: Speeding, 57/45. Result: Dismissed with payment of Court costs.
Charge: Reckless driving, Improper Brakes. Result: Amended to Defective Equipment, $100.00 fine.
Charge: Reckless driving by Speed, 95/70. Result: Reckless driving by Speed. 95/70, $450.00 fine, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted License. Avoided active jail sentence and obtained Restricted License.
Charge: Reckless driving by Speed, 104/60. Result: Dismissed - Motion to dismiss for failure to prosecute.
Petition for Expungement of three felony charges that were resolved by nolle prosequi. The prosecutor in this case opposed expungement claiming that my client did not demonstrate that there was a manifest injustice in allowing the dismissed charges to remain on my client’s record. Trial before judge. The judge granted expungement of all three of the charges.
Charge: Reckless driving by Speed, 67/45. Result: Dismissed on Motion to Dismiss due to officer's radar calibration certificate was expired.
Charge: Reckless driving by Speed 85/60. Result: Amended from Speeding 85/60 to Speeding 79/60, $114.00 fine.
3 Charges: (1) Refusal 2nd offense: Dismissed by Nolle Pros. (2) Speeding 54/35: Dismissed by Nolle pros. (2) DUI, 2nd in 5 years. Result: ASAP, $1,000 fine with $500.00 suspended, 3 year suspended license, 180 days jail - 160 days suspended (20 days mandatory), restricted license after one year. Dismissal of the Refusal 2nd offense avoided 3 years suspension of driver’s license.
Charge: DUI, 2nd within 5 years, 0.15 elevated BAC. Result: DUI 2nd in 5 years with standard BAC. Sentence: ASAP, $1,000 fine with $500.00 suspended, 3 years suspended License, eligible for Restricted License in one year, 3 years good behavior, 12 months jail with 11 months suspended. Amendment of the BAC reduced the mandatory minimum jail.
Charge: DUI, 1st, 0.19 BAC, and Improper Signal. Result: Improper Signal dismissed by Nolle pros. DUI = VASAP, $250.00 fine, 6 months interlock, 12 months suspended/restricted license, 60 days jail - 55 days suspended, 2 years good behavior.
Charge: Speeding 77/60. Result: Amended to Speeding 69/60.
Charge: Speeding 65/45. Result: Amended to Speeding 59/45 with $100 fine.
Charge: Speeding 81/60. Result: Amended to Speeding 74/60, $84.00 fine.
Charge: Reckless driving by Speed 83/60. Result: Amended to Speeding 78/60, $120.00 fine.
February
2 Charges: DUI 1st and Reckless Driving General. Result: Agreement with prosecutor: (1) DUI dismissed by nolle pros. (2) Reckless driving - $250.00 fine, VASAP, 30 days jail - all suspended, 2 years good behavior, 6 months suspended/restricted license. This result avoided the DUI conviction and the ignition interlock requirement.
2 Charges: (1) Driving Under Revoked/Suspended License 3rd Offense and (2) Speeding 78/60. Result: dismissed! Avoided the misdemeanor and no demerit points!
2 Charges: (1) DUI 1st and (2) Failure to appear. Result: Agreement with prosecutor. Dismissed failure to appear by nolle pros. DUI sentence: VASAP, $500.00 with $250 suspended, 12 months suspended/restricted license, 6 months ignition interlock and 2 years good behavior.
Charge: DUI 1st. Result: Agreement with prosecutor to amend from DUI to Reckless Driving in Parking Lot. Result: $250 fine, 90 days jail - all suspended, 90 days suspended/restricted license. Avoided DUI, ASAP, ignition interlock.
Charge: Reckless driving by Speed 112/55. Result: Guilty of reckless driving by Speed 112/55, $500 fine, 90 days jail with 75 suspended (8 to serve on weekends after good time credit applied), 6 months suspended/restricted license with 30 days before eligible for restricted. Weekend jail.
Charge: Reckless driving by Speed 63/35. Result: Amended to Speeding 54/35, $114 fine.
Charge: Reckless Driving by Speed 96/70. Result: Amended to Improper Driving with $500 fine. Avoided misdemeanor, jail & license suspension, reduced DMV demerit points from -6 to -3.
Charge: Reckless driving by Speed, 85/60. Result: Amended to Speeding, 79/60, $114.00 fine.
Charges: Reckless driving by Speed 91/70, Suspended License (13th offense). Result: Guilty of both charges. (1) Reckless driving by Speed: $500 fine, 90 days jail-all suspended, 90 days license suspension, (2) Suspended license: $500 fine, 90 days license suspension, 12 months jail - 6 months suspended (3 months to serve). Client appealed to Circuit Court with $2500 appeal bond for reckless driving and $5000 appeal bond for Suspended License.
3 Charges: (1) DUI 1st, (2) Refusal, (3) Failure to Yield. Results: Agreement with prosecutor = (3) Nolle Pros Failure to Yield, (2) Withheld finding for Refusal - to be dismissed on review date, if no new violations. (1) DUI 1st - Sentence - ASAP, 12 months suspended/restricted License, 6 months ignition interlock, $500.00 fine with $250.00 suspended, jail = 365 days - ALL suspended.
Charge: Reckless Driving by Speed. Result: Amended to Improper Driving, $180.00 fine.
Charge: DUI 1st, elevated BAC (0.22), Accident with injuries. Result: DUI with mandatory minimum sentence (avoided enhancements for the accident). Sentence: ASAP, $500 fine with $250 suspended, 365 days jail with 355 suspended (10 days mandatory due to elevated BAC, 12 months suspended / restricted license, 6 months ignition interlock.
Petition for Restricted License. Result: Judge granted petition and awarded Authorization for Restricted License.
3 Charges: Reckless Driving by Speed, 84/55, Unapproved windshield sticker, No Muffler. Result: Dismissed 2 charges - Unapproved windshield sticker and No muffler. Withheld finding for Reckless Driving. Reckless Driving to be amended to Speeding on review date if no new violations and complies with terms of restricted license.
Charge: Reckless Driving General (Accident). Result: Amended to Improper Driving, $50.00 fine.
Charge: Speeding, 56/40. Result: Amended to Defective Speedometer with $50.00 fine. This result avoided DMV demerit points.
Charge: Speeding, 55/45. Result: Amended to Speeding, 54/45, $54.00 fine.
Charge: Reckless Driving by Speed 65/45. Result: Amended to Speeding 60/45.
Charge: Reckless Driving by Speed, 76/55. Result: Amended to Speeding, 64/55, $54.00 fine.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, 79/60, $114.00 fine.
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Charge: Reckless Driving by Speed, 85/70. Result: Dismissed!
2 Charges: (1) Reckless Driving by Speed (81/60). Result: Amended to Speeding (75/60), $90.00 fine. (2) Failure to Display License Plate - Dismissed.
March
Charge: Unsafe Lane Change - Not guilty plea. Result: Guilty of Unsafe Lane Change with $50.00 fine.
2 Charges: Illegal Window Tint and Speeding, 78/60. Result: (1) Dismissed Window tint and (2) Amended Speeding 78/60 to Defective Equipment (no demerit points).
Charge: Speeding, 44/25. Result: Amended to Speeding 34/25, fine $54.00.
2 Charges: (1) Failure to appear (misdemeanor) and (2) Driving with suspended license 3rd offense (misdemeanor). Result: Dismissed Failure to Appear. Amended Driving with suspended license to No Operator's License in Possession (traffic infraction). Avoided 2 misdemeanors. Avoided 10 days mandatory jail and 90 days license suspension that would have been imposed for 3rd offense suspended license charge, avoided DMV demerit points. Fine: $10.00.
Charge: Reckless Driving by Speed, 85/70. Result: Amended to Speeding 85/70 in General District Court. Amended to Speeding 79/70 in Circuit Court.
Charge: Reckless Driving by Speed, 90/60. Result: Reckless Driving by Speed, 90/60 with $250 fine. Avoided 40 hours community service imposed by General District Court. Also avoided jail and license suspension.
Charge: Reckless Driving by Speed, 48/25. Result: Amended to Speeding 48/25 with $200 fine. Avoided misdemeanor. Judge declined to amend speed due to driving record.
2 Charges: (1) Failure to obey stop sign. (2) Speeding 39/25. Result: Dismissed Failure to obey stop sign. Fine for speeding.
Charge: Reckless Driving by Speed 68/45. Result: Amended to Speeding 64/45, $138 fine.
Charge: Speeding 71/55. Result: Dismissed!
Charge: Reckless driving by Speed 80/60. Result: Amended to Speeding 69/60, $54 fine.
Charge: DUI 1st. Result: $250 fine, ASAP, 180 days jail - all suspended, one year good behavior, Out of state resident so did not apply for restricted license and not required to have ignition interlock.
Charge: DUI 1st. Result: Agreement to amend from DUI to Reckless Driving General. Sentence: $250 fine, $25 special assessment, 12 months suspended/restricted license, ASAP. Avoided DUI and ignition interlock.
Charge: Reckless Driving by Speed, 49/25. Result: Amended to Speeding, 44/25, $100.00 fine, $5.00 special assessment.
3 Charges: DUI with elevated BAC, Reckless Driving, Underage Possession of alcohol. Results: (1) DUI - Amended from elevated 0.15 BAC to 0.14 BAC, 1 year good behavior, ASAP, $250.00 fine, 12 months suspended/restricted license, 180 days jail - all suspended. (2) Reckless Driving and (3) Underage Possession charges both dismissed. Amendment of the BAC avoided 5 days mandatory minimum jail.
Charge: Reckless Driving by Speed, 90/70. Result: Amended to Improper Driving.
Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, with $114 fine.
Charge: Reckless Driving by Speed 85/70. Result: Amended to Speeding 79/70, $125.00 fine.
Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $350 fine.
Charge: ASAP Show Cause. Result: Show cause dismissed with payment of court costs. Reinstated into ASAP.
2 Charges: Suspended License 3rd (misdemeanor) and Speeding 60/45. Result: (1) Amended to No license in possession (traffic infraction). (2) Speeding 60/45 amended to Speeding 54/45.
Charge: Reckless Driving 101/60. Result: Guilty of Reckless Driving with $250.00 fine only. NO jail and no License Suspension!
April
Charge: Reckless Driving General (accident). Result: Judge granted review date for charge to be dismissed if client completes driver improvement, pays court costs, and has no new violations before the review date.
2 Charges: Reckless Driving by Speed (84/60) and Driving in Violation of Learner's Permit. Result: (1) Learner's Permit Charge Dismissed and (2) Reckless Driving amended to Speeding (69/60). Avoided misdemeanors and reduced DMV demerit points.
Charge: Speeding (78/60). Result: Amended to Defective Equipment with $30 fine. No DMV demerit points.
Charge: Failure to Comply with Visitation. Result: Dismissed with no court costs! [Not a typical case for us. Helped a client at the time with this other matter].
Charge: Speeding 76/55. Result: Amended to Speeding, 64/55 with $54.00 fine.
4 Charges: (1) Forged License plate (2) Expired registration, (3) Fail to display license plates, (4) Suspended license. Results: (1) Dismissed!, (2) Dismissed!, (3) $30 fine, (4) $200 fine, license suspended for 90 days.
2 Charges: (1) Reckless Driving, 71/45, and (2) No Registration in Posession. Result: (1) Reckless driving amended to speeding 71/45 with $240.00 fine. (2) Registration charge dismissed.
2 Charges: (1) Felony Eluding Police and (2) Driving with suspended license, 3rd offense. Result: (1) Felony Eluding Police amended to Misdemeanor Eluding Police, $100 fine. (2) Suspended license: $100 fine, 90 days jail with 80 suspended leaving 10 days mandatory minimum to serve, one-year good behavior, 90 days suspended license. Avoided felony, limited total fine to $200, avoided all but 10 days mandatory minimum jail.
2 Charges: (1) Following too closely. (2) Driving with suspended license (11th offense). Result: (1) $50 fine for following too closely. (2) Driving with suspended license: $2500 fine with $2500 suspended, 3 years good behavior, 4 hours community service to be monitored by Community Corrections, 365 days jail with 305 suspended (35 days to serve on weekends after applying mandatory time and good time credit). Improved on General District Court result by avoiding $500 fine, reducing active jail sentence by 15 days, and obtaining weekends instead of straight time.
Charge: Speeding 51/25 in Active School Zone. Result: Amended to Speeding 34/25, with $54.00 fine.
Charge: Reckless Driving by Speed (88/60) and HOV violation. Result: Amended Reckless Driving by Speed to Speeding (69/60) with $54 fine. HOV violation: $100 fine.
Charge: Speeding 49/35. Result: Dismissed with payment of court costs!
Charge: Failure to obey traffic signal (accident). Trial on not guilty plea. Result: Guilty of Failure to obey traffic signal with $100 fine.
3 Charges: (1) Fail to update license, (2) Speeding 78/60, (3) DUI 1st. Result: Dismissed failure to update license. $108 fine for speeding. DUI sentence: ASAP, $500 fine with $250 suspended, 30 days jail - all suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.
Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding 79/60 with $114 fine.
2 Charges: (1) Counterfeit Inspection Sticker (misdemeanor), (2) Operating uninspected vehicle. Result: Dismissed Counterfeit Sticker dismissed, $75 fine for operating uninspected vehicle.
Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 69/60, with $54 fine.
Charge: Reckless Driving by Speed 77/55. Result: Amended to Speeding 70/55 with $105 fine.
Speeding 41/25. Result: Judge continued the case for review. The charge will be dismissed if the following terms are complied with: (1) Reimburse parents for court costs and cost of driver improvement course, (2) No new violations with updated DMV transcript to be provided to the judge, (3) Do well in school with updated school transcript to be provided to the judge.
Charge: Reckless Driving 70/35. Result: Guilty with $250.00 fine and costs of $94.00. No jail and no Suspended License (Driving double the speed limit).
Charge: Speeding 42/25 (17 mph over limit). Result: Amended to Defective Speedometer with $30 fine. No DMV demerit points!
Charge: Misdemeanor Failure to Stop at Scene of Accident (Hit and run). Result: Amended to Following too closely. No fine, court costs only. Avoided criminal misdemeanor, reduced DMV demerit points.
May
Charge: DUI 2nd within 5 years and with elevated BAC. Result: ASAP, $2500 fine with $1500 suspended ($1000 to pay), 3 years suspended license (eligible for restricted after one year), 3 years probation, 12 months jail with 11 suspended (30 days mandatory minimum to serve on weekends).
Charge: Reckless Driving by Speed, 83/70. Result: Amended to Defective equipment with $100 fine. Avoided misdemeanor and DMV demerit points.
3 Charges: Driving with suspended license, 3rd or subsequent, and 2 Failure to Appear charges (misdemeanors). Dismissed both Failure to Appear charges! Amended Driving with suspended license (class 1 misdemeanor) to driving without a license (class 2 misdemeanor) with $100 fine. This result avoided two misdemeanors, 10 days mandatory minimum jail, and 90 days license suspension.
Charge: Speeding, 63/45. Result: Judge declined to amend the charge due to the driving history, $108 fine.
3 Charges: Driving with suspended license 3rd offense, Expired inspection, Seat belt violation. Suspended license charge continued for client to obtain license. Dismissed expired inspection charge with court costs. $25 fine for seatbelt violation.
2 Charges: DUI 1st with accident and Refusal. Negotiated result with prosecutor. Dismissed Refusal by nolle pros. DUI sentence: ASAP, $500 fine with $250 suspended, 90 days jail with 80 days suspended (4 days to serve after credit for good time and day of arrest), 12 months suspended license. Restricted license approved with ignition interlock for first 6 months. 2 years good behavior. Jail to be served on weekends. Dismissal of Refusal charge avoided additional one year license suspension.
Charge: Reckless Driving by Speed 83/60. Result: Amended to Speeding, 79/60, with fine of $130.00.
Charge: Reckless Driving by Speed, 88/70. Result: Amended to Improper Driving with $300 fine.
Charge: Failure to Obey Highway Sign. Result: Amended to defective speedometer with $84 fine. No DMV demerit points!
3 Charges: DUI 1st, Reckless Driving, Refusal 2nd. Agreement with prosecutor. Dismissed Reckless Driving and Refusal 2nd offense. Sentenced for DUI 1st: ASAP, $250 fine, 180 days jail - all suspended, 12 months suspended license, did not apply for restricted license, 12 months good behavior. This result avoided two misdemeanors and three years license suspension on the refusal charge.
2 Charges: (1) Suspended License, 3rd Offense - $100.00 fine, 60 days suspended License, jail reduced from 10 days to 5 days based on argument about one of the prior convictions), (2) Expired Inspection - Dismissed with court costs.
Charge: Speeding 40/25. Result: To be dismissed if pay court costs and provide original Driver Improvement Certificate.
Charge: Reckless Driving by Failure to Maintain Control (Accident). Result: Amended to Improper Driving, $50.00 fine.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding, (79/60), $114.00 fine.
2 Charges: (1) Driving without license - Dismissed! (2) Speeding 70/55 - To be dismissed on review date if meet conditions: (1) pay court costs (client paid in full on court date), (2) complete driver improvement course and submit original certificate to the court before the review date. This result avoided a criminal misdemeanor for the license charge and will avoid all DMV demerit points if the driving certificate is filed with the court.
Charge: Speeding (59/45). Result: Deferred to review date to be dismissed without appearance if no new violations.
Charge: Speeding, (63/45). Result: Amended to Defective Speedometer, $30.00.
2 Charges: Reckless Driving by Speed (91/70) and Driving with Suspended License (multiple offense). Result: (1) Reckless Driving: $250 fine, 90 days jail - all suspended, 90 days suspended license. (2) Suspended License: $250 fine, 90 days suspended license, 12 months jail with 8 months suspended (2 months to serve after good time credit). Result: Improved General District Court result with $500 reduction in fine and 30 day reduction in active jail.
Charge: Speed, 56/35. Result: Dismissed with payment of court costs.
Charge: Reckless Driving - General (Accident). Result: Dismissed with payment of court costs.
Charge: Reckless Driving by Speed, 87/60. Result: Guilty with $200.00 fine. Appealed to Circuit Court.
2 Charges: Driving with Suspended License - Amended to Driving without a License with $50 fine. (2) Failure to Stop (stop sign): Amended to Improper Equipment with $50 fine. This result amended the license charge from a Class 1 misdemeanor to a Class 2 misdemeanor and avoided 90 days license suspension.
Charge: Driving with Suspended License (3rd offense). Result: Amended to Driving Without a License with $25 fine. This result reduced the charge from Class 1 misdemeanor to Class 2 and avoided 10 days mandatory jail and 90 days license suspension.
Charge: ASAP Violation/Show Cause. Result: Dismissed!
Charge: Reckless Driving - General (accident). Result: Dismissed with payment of court costs.
Charge: Speeding 41/25. Dismissed!
Charge: Reckless Driving by Speed, 83/60. Charge was dismissed with payment of $91 court costs.
Charge: Reckless Driving by Speeding, 85/60. Result: Dismissed!
June
Charge: Reckless Driving by Speed, 58/35. Result: Amended to Speeding, 44/35, $54.00 fine.
Charge: Speeding 58/45. Result: Dismissed! (Officer did not have his paperwork for this case, so he agreed to dismissal instead of continuance).
Charge: Speeding 70/55 (15 mph over). Result: Amended to Speeding 64/55 (9 mph over). This result reduced the charge to the lowest category for DMV demerit points and insurance.
Charge: DUI 1st (0.12 BAC). Result: ASAP, 180 days jail - all suspended, $500 fine with $250 suspended, 12 months suspended license (eligible for restricted but did not apply due to relocating), 12 months good behavior. This result obtained the minimum sentence permitted under the Virginia Code.
Charge: Reckless Driving by Speed, 80/55 (25 mph). Result: Amended to Speeding, 69/55.
Charge: Reckless Driving by Speed, 83/35 (48 mph). Result: Guilty of Reckless Driving by Speed 83/35. $111.00 fine, 90 days jail with 88 days suspended, 6 months suspended license with restricted license effective immediately. Avoided higher fine and jail sentence and achieved restricted license that is effective without a delay.
Charge: Reckless Driving by Speed, 60/35. Result: Amended to Speeding, 60/35, with $250 fine. Judge amended from misdemeanor to traffic infraction but did not amend the speed due to previous driving record.
Charge: Driving While Suspended due to DUI (46.2-272). Result: Amended to Driving Without a License, $150.00 fine. This result amended the charge from Class 1 to Class 2 misdemeanor and avoided 12 months mandatory license suspension.
Charge: Reckless Driving, General, Accident. Result: Reduced to Improper Driving, $50.00 fine.
2 Charges: (1) Driving Outside Restrictions (18.2-272). Result: Amended to Driving with License Suspended for Proof of Financial Responsibility (46.2-302) - $200.00 fine, 60 days jail - 56 Suspended, No License Suspension, 2 years good behavior; (2) Speeding 38/25. Result: Dismissed by Nolle Pros. Driving outside the restrictions for a license suspended by DUI is typically a 60 day jail sentence on the Peninsula. In this case we achieved only 4 days.
5 Charges: Dismissed 3 charges by nolle pros: Refusal 2nd, Open Container, Underage possession of alcohol. 4th charge: Driving without license - $100 fine. 5th charge: DUI 1st with elevated 0.18 BAC - Result: ASAP, $500 fee with $250 suspended, 120 days jail with 115 suspended, 12 months suspended license.
3 Charges: Dismissed Reckless Driving General and Dismissed Reckless Driving by Speed (81/45) by nolle pros. DUI 1st sentence: ASAP, $500 fine with $250 suspended, 180 days jail - all suspended, 12 months suspended license, eligible for restricted license with 6 month ignition interlock requirement. This result ensured the dismissal of both reckless driving charges while obtaining the minimum permissible sentence for the DUI.
3 Charges: (1) DUI 1st - ASAP, $500 fine with $250 suspended, 90 days jail - all suspended, 12 months suspended license with restricted license, 12 months ignition interlock requirement - may request removal after 6 months with no violation. (2) Reckless Driving by Speed - Amended to Speeding. (3) Failure to Appear - 5 days jail, all suspended.
2 Charges: (1) Illegal Inspection Sticker - Not Guilty!; (2) Fail to Have Vehicle Inspected - Dismissed!.
Charge: Reckless Driving (failure to maintain control) with Accident. Result: Dismissed!
Charge: Failure to Obey Highway Sign. Result: Dismissed!
2 Charges: Trespassing and Destruction of Property. Result: Dismissed upon showing client's compliance with conditions.
2 Charges: (1) DUI 2nd in 10 years, (2) Speeding 83/60. Result: (1) DUI 2nd amended to DUI 1st. (2) Speeding 83/60 amended to Speeding 73/60. Sentence: (1) DUI: $2500 fine, 30 days jail, ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Speeding: $78.00 fine. The amendment from DUI 2nd to DUI 1st reduced the license suspension from 3 years to 1 year and made client eligible for a restricted license immediately instead of after a 4 month delay.
2 Charges: (1) Driving with suspended license, 3rd offense. Result: Amended to 1st offense. $100 fine, 90 days jail with 80 suspended (5 days to serve on weekends), 90 days suspended license, 2 years good behavior. (2) Failure to Obey Highway Sign. Result: $50 fine. The amendment from 3rd offense suspended license to 1st offense avoided 10 mandatory days of jail.
Charge: ASAP Violation. Result: Reinstated into ASAP with strict compliance, suspended jail sentence.
Charge: DUI, 1st, with elevated 0.20 BAC. Result: Amended to DUI, 1st, with standard BAC, ASAP, $250.00 fine, 2 years good Behavior, 12 month Suspended/Restricted License, 6 months interlock, 90 days jail - 86 Suspended. The amendment reduced the jail from 5 days to 2 days.
July
2 Charges: DUI 1st, Reckless Driving by Speed. Result: (Agreement with prosecutor) Dismissed Reckless Driving by Speed by Nolle pros. DUI amended to Reckless Driving General with $250 fine, 90 days jail - all suspended, ASAP, 50 hours community service to be monitored by ASAP, 6 months suspended license. This result avoided conviction of DUI or Driving after underage consumption of alcohol, thereby avoiding ignition interlock requirement. It also reduced the suspended license period from 12 months to 6 months.
2 Charges: Trespassing & Public Intoxication. Result: Both charges dismissed based on client's compliance with judge's conditions!
Charge: Reckless Driving by Speed, 80/60. Result: Amended to Defective equipment with $90.00 fine (no demerit points).
Charge: Speeding 77/60. Result: Defective equipment with $102 fine (no demerit points).
2 Charges: DUI with elevated 0.17 BAC and Reckless Driving. Result: Reckless Driving dismissed. DUI sentence: ASAP, $250.00 fine, 12 months suspended/restricted license, 6 months ignition interlock, 180 days of jail, 175 suspended, 5 days mandatory (weekends).
Charge: Speeding 70/55. Result: Dismissed!
Charge: Speeding, 69/55. Result: Dismissed with payment of court costs!
Charge: Speeding, 65/45. Result: Amended to Speeding 54/45 with $75 fine. This result reduced the DMV demerit points from -6 (worst category) to -3 (best category for DMV and insurance).
Charge: Speeding, 60/45. Result: Amended to Defective equipment with $250 fine (no demerit points).
Charge: DUI 1st (0.12 BAC). Result: VASAP, $500 fine with $250 suspended, 12 months suspended/restricted license, 12 months ignition interlock (may petition for removal after 6 months), 180 days jail - all suspended, 3 years good behavior. This result ensured the statutory minimum sentence.
August
Charge: Trespassing on City Property. Result: Dismissed!
September
Charge: Reckless Driving by Speed, 85/60. Result: Amended to Speeding, 79/60, with $150 fine.
Charge: Reckless Driving by Speed 78/55. Result: Reduced to Defective Equipment with $250 fine.
Charge: Reckless Driving 80/55. Result: Amended to Speeding 74/55 with fine of $114.00.
4 Charges: (1) Improper License Plates. Result: Dismissed by Nolle Pros, (2) Driving with Suspended License. Result: Amended to Driving Without A License, $100 fine, no jail or license suspension (Class 2 misdemeanor instead of Class 1), (3) Marijuana Possession. Result: First Offender Program, Charge to be dismissed on review date without court appearance if comply with 50 hours community service and 6 months restricted license. (4) Show Cause re: not reporting to jail. Result: Complete balance of unsuspended jail sentence, plus additional 10 days.
Charge: Speeding 53/40. Result: Dismissed with payment of court costs!
Charge: Reckless Driving by Speed, 61/25, in School Zone. Result: Guilty, $500 fine, 161 days jail with 157 days suspended (one weekend to serve), No license suspension.
Charge: Speeding 67/45. Result: Amended to Speeding 54/45. This result reduced the DMV demerit points from -6 (worst category) to -3 (least impact).
Charge: Reckless Driving by Speed, 81/55. Result: Amended to Speeding, 64/55. $156 fine plus court costs.
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 79/60 with $125 fine.
3 Charges: (1) Refusal. Result: dismissed by Nolle pros. (2) Reckless Driving. Result: Dismissed. (3) DUI 1st. Result: $250 fine, ASAP, 180 days jail with 175 days suspended (one weekend to serve), one year good behavior, 12 months suspended license with restricted license, 6 months ignition interlock.
Charge: Reckless Driving by Speed, 77/45. Result: Amended to Speeding, 64/45.
Charge: Reckless Driving by Speed, 96/60. Result: $500 fine, 10 days jail - all suspended, 90 days restricted license. This result avoided an active jail sentence and the possibility of 6 months restricted license.
Charge: Reckless Driving by Speed, 82/55. Result: Amended to Speeding, 74/55.
3 Charges: (1) Refusal 2nd offense. Result: Dismissed by Nolle pros. (2) Open container. Result: Dismissed by Nolle pros. (3) DUI 2nd offense. Result: Amended to 1st offense with ASAP, $250 fine, 90 days jail with all jail suspended, 12 months suspended license, eligible for restricted license, 6 months ignition interlock. Amendment from 2nd offense DUI to 1st offense DUI reduced the license suspension from 3 years to 1 year, avoided mandatory jail, and made client immediately available for a restricted license. Dismissal of the 2nd offense Refusal avoided an additional 3 years of license suspension.
Charge: Speeding, 64/45. Result: Amended to Defective equipment with $25.00 fine (no demerit points).
Charge: Aggressive Driving. Result: Dismissed!
Charge: Driving with Suspended License, 3rd offense. Result: Agreement with prosecutor to amend to Driving Without a License with a $50.00 fine. This result avoided the harsh sentence of the General District Court (10 days jail, 90 days suspended license, 12 months probation).
Charge: Speeding 78/60. Result: Dismissed with payment of court costs!
October
Charge: Reckless Driving by Speed, 82/60. Result: Amended to Speeding 69/60 with $54 fine.
Charge: Speeding, 77/60. Result: Amended to Defective Equipment (no demerit points).
Charge: Reckless Driving by Speed 93/60 and HOV violation. Result: Reckless Driving - $198 fine, no license suspension or jail. HOV violation - $100 fine.
Charge: Speeding 50/25. Result: To be dismissed upon completing driver improvement course.
2 Charges: (1) Suspended License 7th. Result: $1,000 fine with $500 suspended, 365 days jail with 275 suspended, one year good behavior. Appealed case to Circuit Court. (2) Expired State Inspection. Result: Dismissed.
Charge: DUI 1st with elevated 0.15 BAC. Result: Amended to standard BAC to avoid 5 day mandatory minimum jail sentence, ASAP, 90 days jail - all suspended, $1,000 fine with $500 suspended, 12 months suspended license, 6 months interlock, 12 months good behavior.
Charge: Speeding 64/55 (previously amended from 72/55 in General District Court). Result: Judge granted deferred finding for dismissal upon client paying court costs and completing a second driver improvement course.
Charge: Speeding 60/45. Result: Dismissed! Officer was not able to prove the accuracy of his lidar equipment.
Charge: Reckless Driving by Speed 103/60. Result: Guilty with $750 fine. Appealed to Circuit Court.
Charge: Reckless Driving by Speed 82/60. Result: Guilty with $200 fine. Appealed to Circuit Court.
Charge: DUI 1st with elevated BAC. Result: 12 month good behavior, VASAP, $500.00 fine with $200.00 suspended, 12 months suspended/restricted license, 6 months interlock, 90 days jail with 85 days suspended (5 days mandatory).
Charge: Reckless Driving by Speed, 86/70. Result: Amended to Defective Equipment with $50 fine (no demerit points).
2 Charges: (1) DUI, 1st, with elevated 0.15 BAC. Result: ASAP, $1,500 fine with $1,000 suspended, 12 months suspended/restricted license, 6 months ignition interlock, 12 months jail with 11 months, 25 days suspended, 5 days mandatory jail. (2) Fail to Obey Traffic Signal. Result: Dismissed by nolle pros.
Charge: Reckless Driving Speed, 91/60. Result: Amended to Speeding with $200.00 fine.
Charge: Reckless Driving General. Result: Amended to traffic infraction of Fail to Obey Highway Lane Marking, $200 fine.
Charge: Reckless Driving Speed 78/55. Result: Amended to Improper Driving, $180.00 fine.
Charge: Reckless Driving General with Accident. Result: Amended to Improper Driving with $50.00 fine.
Charge: DUI 1st offense with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, $250 fine, 90 days jail with 85 days suspended (5 days mandatory), 2 years good behavior.
Charge: Reckless Driving by Speed, 90/55 (35 mph over limit). Result: Amended to Reckless Driving by Speed, 85/55 (30 mph over limit). Sentence: $300 fine. No jail sentence and No license suspension.
2 Charges: (1) Reckless driving by speed (83/60). Result: Amended to Speeding (74/60) with fine. (2) Expired Inspection. Result: dismissed with court costs. This result avoided the misdemeanor and reduced the DMV demerit points and DMV reporting period.
Charge: Reckless Driving by Speed, 96/60. Result: $300 fine, 30 hours community service, 10 days jail - all suspended. No license suspension and no active jail.
Charge: Reckless Driving – Fail to Maintain Control (Accident). Result: Amended to Improper Driving with $75.00 fine.
Charge: Failure to Obey Highway Sign (Speeding 73/45). Result: Judge granted trial in deputy's absence. Amended to Improper equipment with $50.00 fine (no demerit points).
Charge: Reckless Driving by Speed, 80/55. Result: Amended to Improper Driving with $100.00 fine.
Charge: Speeding 41/25. Result: Dismissed!
Charges: (1) Stalking, (2) Slander/Libel. Result: Agreement with Prosecutor - General Continuance for both charges to be dismissed if no new violations of the law or of the protective order.
Charge: Reckless Driving by Speed, 84/60. Result: Amended to Speeding, 79/60, with $114.00 fine.
2 Charges: (1) DUI, 2nd within 5 years. Result: 20 days jail (180 days, 160 suspended), fine $1,000 with $500 suspended, 3 years suspended License, ASAP. (2) Suspended License. Result: Dismissed by nolle pros.
3 Charges: (1) DUI, 1st. Result: $250.00 fine, ASAP, 90 days jail - all suspended, 2 years good behavior, 12 months suspended/restricted license (eligible but did not apply). (2) Refusal. Result: Nolle Pros. (3) Show Cause issued due to new DUI charge. Result: Dismissed.
Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55. This result avoided a criminal misdemeanor and reduced the DMV demerit points and the reporting period for the DMV transcript.
November
3 Charges: (1) DUI, 1st. Result: ASAP, $500 fine with $250 suspended, 365 days jail - all suspended, 12 months suspended license. Did not apply for restricted license due to Maryland resident. (2) Defective Equipment. Result: Dismissed by nolle pros. (3) Underage Alcohol Possession. Result: Dismissed by judge after argument.
3 Charges: (1) Open Container. Result: Dismissed by motion to strike, (2) Refusal. Result: 12 months suspended license, (3) DUI 1st. Result: ASAP, 12 months suspended license, 365 days jail with 345 suspended (10 days to serve after good time credit), $250 fine. Appealed to Circuit Court.
Charge: Reckless Driving by Speed, 60/35. Result: Dismissed by Motion to Strike when officer did not have Lidar Certification of accuracy.
2 Charges: (1) Speed, 83/60. Result: Dismissed! (2) Expired Inspection. Result: $60.00 fine.
Charge: Reckless Driving by Speed, 60/25. Result: Judge noted that speed was too high and imposed the same sentence as the General District Court. Sentence: $400 fine, 30 days jail - all suspended, 60 days suspended license.
Charge: Failure to Yield Right of Way (Accident). Result: Guilty, $30 fine. Appealed to Circuit Court.
4 Charges: (1) Dismissed Failure to Carry Driver's License. (2) Amended Reckless Driving by Speed (80/55) to Speeding, 15-19 mph over limit, $114 fine. (3) Underage Possession of Alcohol to be dismissed on review date if no new violations. (4) DUI, 1st offense, Sentence: ASAP, $250 fine, 12 months jail - all 12 months suspended, 12 months suspended / restricted license, 6 months ignition interlock machine, 2 years good behavior. This result avoided a misdemeanor conviction for Reckless Driving and a traffic infraction for Failure to Carry Driver's License. It also provides for the dismissal of the Underage Possession of alcohol charge on the review date.
2 Charges: (1) Reckless Driving (Failure to Maintain Control, Accident). Result: Dismissed! (2) Failure to Drive on Right Side of Highway. Result: $200 fine.
Charge: Reckless Driving by Speed, 77/55. Result: Amended to Speeding, 74/55, $114.00 fine.
Charge: Reckless Driving by Speed, 88/60. Result: Amended to Speeding, 79/60, $114.00 fine.
2 Charges: (1) DUI - Result: ASAP, 12 months probation, $500 fine, 12 months suspended license, approved for Restricted License, No active jail. (2) Failure to Maintain Lane. Result: Dismissed.
Charge: Speeding in Work Zone (74/55). Result: Amended to Speeding (64/55), $63.00 fine. This result avoided the "work zone" label for insurance and DMV, reduced the DMV demerit points, and reduced the fine.
2 Charges: (1) DUI. Result: $250.00 fine, 180 days jail - all suspended, VASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Fleeing Law Enforcement. Result: Dismissed by nolle pros!
3 Charges: (1) Fail to Stop for Accident. Result: Dismissed by nolle pros. (2) Fail to Obey Lane Markings. Result: Dismissed by nolle pros. (3) Reckless Driving (Fail to Maintain Control). Result: Reckless Driving with 6 months jail - all suspended, no license suspension, no fine, 2 years good behavior.
Charge: Reckless Driving, 95/60. Result: Amended to Disregard Highway Sign, $75.00 fine.
Charge: Reckless Driving by Speed, 83/60. Result: Amended to Speeding, 79/60, $114 fine.
2 Charges: (1) Reckless Driving by Speed, 61/35. Result: Amended to Speeding, 49/35 with $84 fine. (2) Concealed Weapon misdemeanor. Result: 90 days jail - all suspended, Forfeit handgun, 2 years good behavior, No fine, Court costs.
Charge: Driving with Suspended License, 5th offense. Result: Amended to Driving Without a License. $100 fine plus court costs. This result amended the charge from a Class 1 Misdemeanor to a Class 2 Misdemeanor and avoided 10 mandatory days of jail and 90 days license suspension. The charge of Displaying Illegal inspection sticker was previously dismissed.
3 Charges: (1) Failure to Appear (class 1 misdemeanor) and (2) Failure to provide proof of insurance (class 2 misdemeanor). Result: Both were dismissed! This result avoided two misdemeanor convictions. A third misdemeanor of driving with a suspended license was previously amended to driving without a license.
Charge: Reckless Driving by Speed, 83/55. Result: Amended to Speeding, 20 mph over, $168.00 fine.
December
Charge: Speeding 74/60. Result: Dismissed!
Charge: Driving with Suspended License, 1st (class 1 misdemeanor). Result: Amended to Driving Without License in Possession (traffic infraction), $30.00 fine.
Charge: Reckless Driving by Speed, 107/55. Result: Amended to Speeding, 92/55, with $500 fine, 30 days license suspension without restricted license, No jail.
Charge: Speeding, 78/60. Dismissed with payment of court costs!
Charge: Probation violation due to convicted of 7th offense driving while suspended while on probation for 6th offense driving while suspended. Result: Charge was dismissed by nolle pros based on input from the probation officer. Client had been in full compliance other than the new suspended license charge.
2 Charges: (1) Driving While Revoked due to DUI. Result: Dismissed by nolle pros. (2) DUI 2nd in 5 years with 0.24 BAC. Result: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 6 months, 90 days jail with 50 suspended, 40 mandatory days to serve. This result avoided the fine, court costs, and one year suspended driver's license of the Driving While Revoked charge and ensured the minimum sentence for the DUI.
Charge: Speeding 52/35. Result: Amended to Speeding 44/35, with $54.00 fine.
2 Charges: (1) Tinted License Plate Cover. Result: Dismissed. (2) Reckless Driving by Speed, 85/60. Result: Reckless Driving amended to Improper Driving with $78.00 fine.
3 Charges: (1) Reckless Driving by Speed (85/55). Result: Dismissed by Nolle pros. (2) Failure to Obey Highway Lane Marking. Result: Dismissed with Nolle pros. (3) DUI 2nd in 5 years with 0.10 BAC. Result: DUI sentence: $500 fine, ASAP, 3 years suspended license (eligible to apply for restricted after 1 year), Ignition interlock for 3 years, 60 days jail with 40 suspended, 20 mandatory days to serve - may apply to jail for either weekends or electronic monitoring. This result avoided the fines and costs of a misdemeanor and a traffic infraction while ensuring the minimum sentence for the DUI.
Charge: Reckless Driving by Speed, 70/45. Result: Amended to Speeding, 70/45, with $150 fine.
2 Charges: (1) Reckless Driving (accident). Result: Amended to Improper Driving, $100 fine. (2) No License in Possession. Result: $10 fine.
Charge: DUI 1st offense. Result: $500 fine with $250 suspended, ASAP, 90 days jail with 90 days suspended, 12 months suspended/restricted license, 6 months ignition interlock, 2 years good behavior.
4 Charges: (1) DUI 2nd in 5 years. Result: Amended to DUI 1st. (2) Refusal 2nd. Result: dismissed by nolle pros. (3) Leaving scene of accident. Result: Dismissed by nolle pros, (4) Fail to appear. Result: Not guilty. This outcome avoided three misdemeanors, 3 years license suspension for the refusal, and 20 days mandatory jail for the DUI 2nd. The sentence for the DUI 1st: ASAP, $250 fine, 6 months jail with all jail suspended, 12 months suspended license. Client did not apply for a restricted license.
Charge: Reckless Driving, 77/55, in Active Work Zone. Result: Amended to Speeding 69/55, $98 fine.
Charge: Speeding, 73/55 in Active Work Zone. Result: Amended to Speeding 64/55, $63 fine.
2 Charges: (1) DUI, 1st. Result: $500 fine with $250 suspended, 90 days jail, all suspended, complete ASAP, 12 months suspended/restricted license, 6 months ignition interlock. (2) Reckless Driving (fail to maintain control, accident). Result: Dismissed.
3 Charges: (1) DUI 1st. Result: Complete ASAP, $250 fine, 12 months suspended / restricted license, 6 months ignition interlock, 180 days jail with 175 suspended (5 days mandatory to serve). (2) Reckless Driving. Result: Dismissed. (2) Wrong way on one-way street. Result: Dismissed.
Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55.
Charge: Reckless Driving by Speed, 78/55. Result: Amended to Speeding, 64/55.
3 Charges: (1) DUI with elevated BAC. Result: ASAP, 12 months suspended/restricted license, 6 months ignition interlock, 300 days jail with 270 suspended (15 days to serve with good time credit), $500.00 fine. (2) Refusal. Result: Dismissed. (3) Expired State Inspection. Result: Dismissed.
Charge: Speeding 60/35. Result: Amended to Speeding, 54/35.
Charge: Failure to Yield Right of Way (accident). Result: Court costs only, no fine. Judge considered that client has a CDL and held him to a higher standard.