Traffic Attorney Serving Fairfax & Northern Virginia
Even if you’re a careful and responsible driver, it’s still possible to make mistakes that result in traffic tickets. Although they’re less serious than criminal offenses, traffic tickets can still negatively impact your life. If you recently received a ticket, you should consult a reputable traffic violation law firm in Fairfax, VA from Dave Albo Attorney as soon as possible. Here are some consequences of traffic violations.
Driver’s License Suspension
If you receive too many moving violations within a certain time frame, you risk getting your driver’s license suspended. Being unable to drive can severely affect your life, especially if you live in an area with no public transportation. You may have to rely on other people to drive you to work, school and other important places.
It may be possible to prevent a driver’s license suspension with the help of a traffic violation law firm in Fairfax, VA. You can stand before an officer of the Department of Motor Vehicles and argue that you have to drive to get to your job or other essential places.
Fines
Traffic tickets typically result in a fine between $75 and $400, depending on the nature of the offense and your driving record. Although just paying the fine and getting on with your life might seem like the easiest option, it can have negative consequences. The violation will typically stay on your driving record for three years. That’s why a traffic violation law firm in Fairfax, VA may advise you to pay the fine in conjunction with attending traffic school. After you complete it, the violation will be removed from your driving record.
Higher Insurance Rates
Normally, one moving violation over a three to five-year timespan won’t raise your auto insurance rates. However, if you receive multiple traffic tickets within a short time frame, your insurance company is likely to raise your rates, as a traffic violation law firm in Fairfax VA can attest. Your insurance company may see you as a bigger risk and increase your premiums to protect itself.
Traffic School
The state of Virginia generally allows drivers who receive traffic tickets to attend a 6 to 8 hour course in traffic safety. While attending traffic school will take up some of your time, it may help you wipe your ticket off your driving record.
Jail Time
As a traffic lawyer in Fairfax, VA we understand that judges won’t send traffic violators to jail for speeding or failing to stop at a stoplight. However, they may impose jail sentences for more serious traffic violations, like drunk or reckless driving.
If you recently received a traffic violation, schedule a meeting with a traffic violation law firm in Fairfax, VA, soon. They will review your case and advise you the best way to proceed. Never underestimate the potential impact of a traffic ticket; without the help of a traffic lawyer Fairfax, Virginia residents can trust, you may be facing serious penalties. Most people don’t even realize the extent of these consequences until it’s too late. For example, you might have your driving license suspended and be responsible for paying fines. In some cases, you might even be facing jail time. Your insurance coverage could even be terminated or be subject to much higher rates after you’ve been convicted of a traffic offense. Unfortunately, too many people have the impression that traffic tickets and similar charges are minor issues that don’t require the insight of a lawyer. Thinking this way can be a big mistake. Some of the most serious offenses that should prompt you to contact our Fairfax, VA traffic lawyer include:
- Driving on a suspended license
- Driving while intoxicated, and
- Reckless driving.
Our traffic ticket defense lawyer can help.
Traffic Court
Many traffic offenses require an in-person appearance by the person charged. Most of the time, an attorney can attend this on your behalf, but this will depend on the charges you’re facing. Having a Fairfax, VA traffic lawyer community members have relied on for years can help you determine how to optimally defend yourself. One of the biggest mistakes you can make in a traffic case is the assumption that it’s best to simply pay the fine, admit guilt, and put the matter behind you. Most people don’t realize there are major consequences to doing this, including the implication that you accept guilt. Paying the fine might seem like the easy thing to do, but your insurance company can use that admitted guilt to raise your rates. Rack up too many of these tickets, and you’re looking at more serious consequences. Another mistake people often make without the help of a traffic lawyer is assuming there’s nothing they can do to fight the charges. It’s one of the most common reasons people simply accept the citation or ticket, pay, and then forget about it. They assume it’s a foregone conclusion that you’re guilty and that you now have to deal with all the penalties associated with that admitted guilt. That’s simply not true, however. There are many reasons you may want to fight a ticket, and more avenues than most people think. As but two examples, officers don’t always follow procedures, and speed guns are not always properly calibrated. Finding the right Fairfax, VA traffic lawyer makes a difference. They can help you determine all your options to fight the ticket. You should never assume you’re guilty just because you got a ticket.
Do I need a Traffic lawyer for Traffic Court?
Attorney Dave Albo receives calls every day from clients who’ve received a traffic ticket. He responds, “Tell me about your situation, because you may not need a traffic lawyer.” This is because Traffic Court can hear cases on little inconsequential matters, such as a lack of an inspection sticker (where all the Judge can do is fine you, and they usually dismiss it if you get it done before court), to some DUIs with mandatory jail sentences. The unhelpful lawyerly answer to the question is, “It depends.” A traffic lawyer will first ask you what type of charge you have and what your driving record is like. With these two pieces of critical information, an experienced traffic lawyer can tell you if you need an attorney or not.
Note: Our lawyers practice in Fairfax and all other counties of Virginia. We have offices in Fairfax, Arlington, and Staunton. We reference Fairfax, Va., in this article because it is the largest jurisdiction in Virginia with the most rigid procedures. Work done to Fairfax standards meets or exceeds the standards in every other jurisdiction in the Commonwealth, so it is common to use it as a benchmark.
Traffic Crimes Versus Traffic Infractions
If you have been charged with a traffic crime, you should hire a Fairfax, VA traffic lawyer. Common traffic crimes include DUI, Reckless Driving, driving on a Suspended License, Hit & Run, and No Operator’s License. These could result in jail, and some of them, if convicted, will be put on your permanent criminal record.
Traffic Infractions Explained
The non-criminal traffic charges are known as “traffic infractions.” The maximum punishment for a traffic infraction is usually $250. (There are some add-on financial penalties, such as speeding in a Highway Safety Corridor, so look at your code section in the Virginia Code to see what the maximum punishment is. As you can see above, most people will not want to hire a Fairfax, VA traffic lawyer for a fee of $1,500 or more when the maximum punishment for a traffic infraction cannot exceed $250. There are other considerations, though. If your driving record is bad, while the Court cannot suspend your license for a traffic infraction, the DMV may do so if you have accumulated too many points. You can look at the DMV website to determine if the DMV will suspend your license. Also, many people ask me, “What will my insurance do?” That is not a legal question. That is an insurance question. I suggest you contact your insurance agent, who can tell you whether your rates will go up. Every insurance company has a different policy concerning points and infractions. In summary, if your charge is just a traffic infraction, you may not want to pay for a traffic lawyer unless your driving record is bad. If it is bad, you may need to challenge that traffic infraction, and to do so, you would be better off hiring a Fairfax, VA traffic lawyer. Finally, if your charge is a criminal charge, such as DUI, Reckless Driving, Driving on Suspended, Driving Without a License, you should hire a Fairfax, VA traffic lawyer.
Call Our Criminal Defense Lawyer If You Have Been Charged with Speeding
In every state, speeding above the posted limit can result in a traffic ticket. However, in Virginia, speeding could be ticketed as reckless driving. In this case, your actions will be more than a traffic violation; they will be a misdemeanor (or possibly a felony). A misdemeanor is a criminal offense and requires you to appear before a judge and plead guilty or not guilty. A charge like this can have devastating consequences that last for many years. It should be taken very seriously. What is important to understand right now is that it is often possible to fight these charges with the assistance of a traffic lawyer in Fairfax, Virginia. If you have been charged with reckless driving, Dave Albo – Attorney may help protect your driving record, prevent a larger insurance hike, and safeguard your personal criminal record. Regardless of what happened, we encourage you to call our Fairfax, VA traffic lawyer from our firm for a complimentary case review.
Reckless Driving for Speeding Could Result in Time in Jail
Reckless driving charges are usually a misdemeanor. You can be charged with the crime if you are speeding above a certain amount beyond the speed limit. This speed varies by state with reckless driving laws. For example, in Virginia, reckless driving is exceeding the posted speed limit by more than 20 mph or exceeding 80 mph. Depending on how fast you were going, you could be sent to jail. If any mitigating factors exist, such as an accident resulting from your speed, you may be charged with a felony. Lengthy incarceration is possible. With the help of a good traffic lawyer, the consequences might be minimized. Our firm represents drivers throughout the Fairfax, VA area. We understand how to reduce their exposure and minimize any potential penalties arising from a reckless driving charge. In previous cases, our traffic lawyers have successfully reduced the charge to a less serious traffic offense. Not only does this reduce penalties, but it also prevents the driver from obtaining a permanent criminal record.
Who Can Benefit from Having a Traffic Lawyer
We believe that anyone who has been charged with reckless driving can benefit from having a traffic lawyer. However, there are certain drivers who may especially want to consider legal advocacy, including:
- Government employees
- Government contractors
- College students
- Professional drivers
- Pilots
- Medical doctors
- Anyone who is seeking a green card or U.S. citizenship
Traffic Law Infographic
Have You Been Charged with Reckless Driving? Call Dave Albo – Attorney
A reckless driving charge is not the same as a standard traffic violation. You cannot mail in the fines and consider them “over and done with”. You will be summoned to court and could face unwanted penalties if you are found guilty. A reckless driving lawyer can be your voice and legal advocate. If you would like legal representation for reckless driving, and you should, please call a Fairfax, VA traffic lawyer clients turn to from Dave Albo – Attorney now.
New Virginia Law on Driving on a Suspended or Revoked License – Effective July 1, 2020
Under existing law, a person can have their driver’s license suspended for many different reasons. Our Fairfax, VA traffic lawyer can list the most common reasons as failure to pay a fine, excessive moving violation convictions resulting in a DMV suspension for too many points, or a suspension issued by a Judge for a conviction of a serious offense, such as Reckless or DUI. A person who has had their license suspended and ends up driving is usually charged under one of two types to offenses: (1) Driving on Revoked 18.2-272, which is a Class 1 Misdemeanor (up to one year in jail and up to $2500 fine) and results in an automatic one year loss of license where a person cannot drive for any reason, or (2) Driving on Suspended 46.2-301, which is a Class 1 Misdemeanor and will result in the license being suspended for the same period of time that the original suspension was OR if the original suspension was not for a specific period, then for 90 days. A person can petition the Court for a restricted license for this new suspension period. If you are charged with Driving on Suspended, bring your DMV record to a traffic lawyer for review. To explain this above, maybe an example will help.
If a person’s license was suspended by a Court for 6 months for reckless driving, and he is caught driving again, a conviction for driving on a suspended license will result in another 6-month loss of license, since the original suspension was for 6 months. On the other hand, if a person has his license suspended indefinitely for failure to pay fines (e.g., until the driver pays), that is an “indefinite” suspension. Thus, if convicted of Driving on Suspended, the license is suspended for 90 days and remains in effect AFTER the original suspension is resolved. A new law, effective July 1, 2020, is banning suspensions for failure to pay a fine. The majority in the General Assembly deemed this unfair to poor people. (As an aside, we will have to wait and see how long this law stays on the books. Without a license suspension, the driver has little to no incentive to ever pay his fine. Thus, the state will be losing millions, and there will be little incentive for drivers to follow the law. If you are reading this many years after July 1, 2020, be sure to consult an attorney to determine whether the law is still in effect. My bet is that it will be repealed.) Another new law, effective July 1, 2020, will eliminate mandatory jail for the third offense of driving on a suspended license. Here is the new law. Italics indicate new language in the Code of Virginia, and strikethroughs remove existing law. § 46.2-301. Driving while the license, permit, or privilege to drive is suspended or revoked.
- A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-272, or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.
- B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.
- C. A violation of subsection B is a Class 1 misdemeanor.
It does not take a Fairfax, VA traffic lawyer to understand this. Prior law gave mandatory jail for anyone convicted of three Driving on Suspended charges. This new law eliminates the 10-day jail requirement. Can the Judge still give 10 days? Sure, he/she can give up to one year. But the law no longer requires the Judge to do it.
I live out-of-state and have been charged with reckless driving. What should I do now?
Every state’s rules about this matter will vary; however, in general, you are required to respond to the ticket in the same manner as state offenders. If you choose not to have a reckless driving lawyer to represent you, you may need to appear in court to defend yourself. Unlike a speeding ticket or other type of traffic citation, you cannot mail in your ticket with the fine. A speeding ticket is typically a Class 1 misdemeanor, whereas a reckless driving ticket is a misdemeanor. A Fairfax, VA traffic lawyer recommends will tell you that, if you do not show up to your court date, the judge will still convict you. Not only will you likely have a permanent criminal record, but additional penalties for failing to show might also be ordered. As a reckless driving law firm, we know that it is not always easy to return to Virginia. Doing so can be costly and require several days of travel. It is possible to hire a Fairfax traffic lawyer, such as one from Dave Albo – Attorney, to petition the court to appear on your behalf. This means, unless certain circumstances apply, you will not have to be present. In choosing this option, you can save time and money now and well into the future.
The Benefits of Hiring a Traffic Lawyer
Some of the benefits of hiring a lawyer rather than representing yourself in court could include the following:
- Your charges/offense could be reduced or dropped
- You may not incur several points on your license
- You may not be required to spend time in jail
- You may avoid an insurance hike
- You might not get a permanent criminal record
- You could avoid large fines
There are a number of possible defenses that a Fairfax, VA traffic lawyer might use to fight your case. This is why it is always recommended to talk with a lawyer about all the events leading up to the charge, and even those that preceded the incident.
Concerning Legal Fees
In reckless driving cases, a lawyer cannot take a case on a contingency fee basis. Dave Albo – Attorney offers competitive and affordable legal services. We encourage you to call our firm to learn more about fees and payment structures.
The Right Lawyer Could Make a BIG Difference
At this time, you can and should call a Fairfax, VA traffic lawyer regularly turned to for a consultation. In doing so, you might learn about various options, including those of which you might have been unaware. These could act as a major solution to this serious offense. To speak with a Fairfax, VA traffic lawyer prefers now, call Dave Albo – Attorney now at (703) 455-0046. Attorney Dave Albo can assist you with any questions and concerns regarding traffic violations. Since opening our doors, we have hired a team of exceptional, experienced attorneys, and we can provide you with a traffic lawyer in Fairfax, VA, whom you can rely on. When reading through our many testimonials, you will notice a common trend. They include admirations such as:
- Knowledgeable
- Exceptional
- Professional
- Responsible
- Honest
Many of them also include how our firm was highly recommended by others, how our clients will not hire anyone else in the future if they need another attorney, and similar reviews. As evidenced by our reviews, we can provide you with a Fairfax, VA traffic lawyer that citizens frequently turn to, who can meet all of your expectations plus more.
Traffic Violations
There are many minor traffic violations, such as not wearing a seatbelt or not fully stopping at a red light. There are also very serious offenses in which you may want to hire a Fairfax traffic lawyer to help you through the legal process. These violations include:
- DUI
- DWI
- Hit and Run
- Reckless Driving and Speeding
DUIs and DWIs can be deadly situations for the person under the influence and for the people around them. They can result in license suspension, hefty fines, and jail time. Our Fairfax, VA traffic lawyer can walk you through the process from the beginning to the end. Hit and runs can be hard to prove, especially if the person hit was injured severely enough that they went unconscious and were unable to remember any details about the negligent individual. However, if there were cameras or people around that witnessed the scene, they may be able to identify the car or the individual who got away. If convicted of a hit-and-run, the most severe punishment is up to 10 years in prison. The sentence can be much lower if the victim was not injured or if no one else was involved in the accident. A Fairfax, VA traffic lawyer citizens can trust may also assist with reckless driving and speeding violations. Reckless driving is usually constituted as driving too fast and too dangerously. If the individual exceeds the speed limit by twenty miles per hour, they are qualified to receive a ticket for reckless driving. If the individual caused an accident due to speeding, the consequences can be much worse. If charged with reckless driving, the penalty is a misdemeanor, and you could face large fines, license suspension, and up to one year in jail.
Traffic Violation FAQs
What are common traffic violations?
Some of the most common traffic violations that many people are charged with include speeding and improper turns, as a Fairfax, VA traffic lawyer residents trust can explain. Excessive speeding is common for several reasons. Many people become impatient when they run into traffic, such as on freeways or crowded streets. Others simply disregard traffic laws and commit speeding violations because they enjoy driving fast, even though it endangers many people around them. Improper turns are another common violation. Drivers often commit improper turns because they are in a rush to reach their destination, are unaware of traffic laws, or fail to see traffic signs.
How can a lawyer help me?
There are several things that a lawyer can do if you are charged with a traffic violation. One of the first things they can do for you is provide an in-depth case assessment. They will speak with you to see if you have a valid case and gather the facts. The traffic lawyer can explain your rights and possible options. Once they determine you have a valid case, they will evaluate the evidence against you. Based on what you are charged with, they will decide the legal strategies to formulate your defense. Throughout your case, you can count on the lawyer to give you ongoing legal support and advice.
What if I’m an out-of-state driver?
You may feel anxious if you are an out-of-state driver who committed a traffic violation. As a Fairfax traffic lawyer can tell you, if you get a traffic ticket, the state of Virginia will notify your home state of the ticket, and you must take action to address the ticket. Failure to respond to the ticket can result in fines or the loss of your driver’s license. If you have received a ticket as an out-of-state driver, you need to find out what exactly you are charged with. These tickets are slightly more complex, so it is recommended that you seek legal advice.
What evidence will be reviewed in my case?
A number of pieces of evidence will be reviewed to determine how your defense can be built, such as dash-cam video and witnesses who were present at the time of the violation. For example, in a speeding case, a key type of evidence is the speedometer results. The traffic lawyer will investigate whether the result is accurate. There are cases when the speedometer is malfunctioning or it has captured the speed of a vehicle ahead of you. If the lawyer finds any evidence that can be contested, they will prepare an argument addressing any issues or weaknesses in that evidence.
What defenses will a traffic lawyer consider?
The strategies that a traffic lawyer will use for a client vary greatly. There are several factors to consider, such as the type of violation, the charge classification (e.g., misdemeanor or infraction), and whether it is the client’s first offense. For instance, a lawyer working on a first-time speeding violation may focus on that client’s lack of intent to break the law. The court will take into account all of these factors when they are reviewing the consequences of a conviction, so a Fairfax traffic lawyer will aim to build the best possible defense using the most sensible strategies for your case.
Choose Dave Albo
Our firm is waiting to meet with you today and walk you through all of your legal options. We understand the seriousness of traffic violations, especially when victims are involved. Let us take on the case for you, and we can be there for you from start to finish. Choose Dave Albo, a Fairfax, VA traffic lawyer, whom Virginians recommend.
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Posted on AnonymousTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted on TomTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted on kendall carpenterTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted on Amanda StallardTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted on Mark WestTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted on MTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted on mitquinn88Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted on G RTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted on Hope CarriganTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted on Doug DamronTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
