Traffic Lawyer Fairfax, VA
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 in addition to being 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 for 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 a traffic lawyer Fairfax VA is proud to have representing those who have been accused include:
- Driving on a suspended license
- Driving while intoxicated, and
- Reckless driving.
A Fairfax traffic lawyer can help.
Many traffic offenses mandate an in-person appearance by the person who has been 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 traffic lawyer Fairfax VA 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 for doing this including indicating 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 Fairfax VA relies on is assuming that there’s nothing you can do to fight the charges. It’s one of the most common reasons that people simply accept the citation or ticket, make the payment, 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 that you may want to fight a ticket and there are more avenues to do this 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 traffic lawyer Fairfax VA ticket recipients have entrusted for years can help you. He or she 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?
I’m a traffic lawyer Fairfax, Va. turns to. Everyday I get a call from a person who got a traffic ticket. I always say, “Tell me about your situation, because you may not need a traffic lawyer.” This is because Traffic Court can hear cases about 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 prior to court) to some DUIs with mandatory jail sentences. The unhelpful lawyerly answer to the question is, “It depends.” 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. A traffic lawyer Fairfax, Va 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.
Traffic Crimes Versus Traffic Infractions
If your offense is a traffic crime, then you should hire a traffic lawyer Fairfax, Va.
If you have been charged with a traffic crime, you should hire a traffic lawyer Fairfax, Va. Common traffic crimes include, DUI, Reckless Driving, Driving on a Suspended License, Hit & Run, and No Operators License. These could result in jail and some of them, if convicted, will be put on your permanent criminal record.
If your offense is a traffic infraction, then you may or may not need a traffic lawyer Fairfax Va.
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). So, as you can tell above, most people will not want to hire a traffic lawyer Fairfax, Va for a legal fee of $1,500 or more when the maximum punishment for a traffic infraction cannot be any higher than $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 on 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 that you contact your insurance agent and he/she can tell you if 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 traffic lawyer Fairfax, Va. Finally, if your charge is a criminal charge, such as DUI, Reckless, Driving on Suspended, Driving Without a License, you should hire a traffic lawyer Fairfax, Va. Our web site has other articles on these criminal traffic offenses for which a traffic lawyer Fairfax Va community members trust is needed. Call a Distracted Driving Lawyer in Fairfax VA If You Have Been Charged with Speeding In every state, speeding above the posted limit can be grounds for 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 and rather a misdemeanor (or possibly a felony). A misdemeanor is a criminal offense and requires you to appear before a judge and plea guilty or not guilty. A charge like this can have devastating consequences that last for many years to come. 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 you from getting a larger insurance hike, and safeguard your personal criminal record. Regardless of what happened, we encourage you to call a 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 anything beyond 20 mph of the posted speed limit or anything above 80 mph. Depending on how fast you were going, it is possible to be sent to jail. If any mitigating factors exist, such as an accident resulted because of 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 possible penalties that could result 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 the penalties, but also stops the driver from getting a permanent criminal record.
Who Can Benefit from Having a Traffic Lawyer in Fairfax VA
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
- Medical doctors
- Anyone who is seeking a green card or U.S. citizenship
Who Can Benefit From Having A Traffic Lawyer Infographic
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 traffic lawyer Fairfax, VA residents trust can explain. Excessive speeding is common for a number of 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 get to their destination, they are not aware of traffic laws, or they 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 advice from a lawyer.
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 are the speedometer results. The traffic lawyer will investigate to see if 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 that addresses any issues or weaknesses in the evidence.
What defenses will a traffic lawyer consider?
The strategies that a traffic lawyer will use for a client varies greatly. There are several factors to consider, such as the type of violation, the charge classification (such as misdemeanor or infraction), and whether it is the client’s first offense or not. 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.
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 it to be “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 traffic lawyer Fairfax VA 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 his driver’s license suspended for many different reasons. A Traffic Lawyer Fairfax Virginia would probably 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 period of suspension.
If you are charged with a Driving on Suspended, bring your DMV record to a Traffic Lawyer Fairfax Virginia for review. To explain this above, maybe an example will help. If a person’s license was suspended by a Court for 6 months because of a Reckless Driving and he is caught driving again, then a conviction of Driving on Suspended will result in ANOTHER 6 moth loss of license because the original suspension was for 6 months. On the other had, if a person had his license suspended indefinitely because of failure to pay fines (e.g. it is suspended until the driver pays), then that is an “indefinite” suspension. Thus, if convicted of Driving on Suspended, the license is suspended for 90 days and is effective AFTER the original suspension is resolved.
A new law effective July 1, 2020 is banning suspensions for failure to pay a fine. This was deemed by the majority in the General Assembly as not being fair 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 a Traffic Lawyer Fairfax Virginia to see if the law is still in place. My bet is that it will be repealed.)
Another new law effective July 1, 2020 will eliminate mandatory jail for third offense Driving on Suspended licenses. Here is the new law. Italics is new language in the Code of Virginia and strike throughs take out existing law.
§ 46.2-301. Driving while license, permit, or privilege to drive 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 Traffic Lawyer Fairfax Virginia to understand this. Prior law gave mandatory jail for anyone convicted of three Driving on Suspended charges. This new law eliminates this 10-day requirement in jail. 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 in 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. Whereas a speeding ticket is typically a Class 1 misdemeanor, a reckless driving ticket is a misdemeanor crime. A traffic lawyer Fairfax VA 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, 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 in Fairfax VA 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; and
- You could avoid large fines.
There are a number of possible defenses that a traffic lawyer Fairfax VA drivers seek out 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 With reckless driving offenses, it is not possible for a lawyer to 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 traffic lawyer Fairfax VA regularly turns 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 traffic lawyer Fairfax VA prefers now, call Dave Albo – Attorney now at (703) 455-0046. A traffic lawyer Fairfax VA provides can assist you with any questions and concerns regarding traffic violations. The attorneys at Dave Albo are waiting to meet with you and figure out how we can best serve you. 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 you can rely on. When reading through our many testimonials, you will notice a common trend. They include admirations such as:
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 in need of another attorney, and similar reviews to these. As evidenced by our reviews, we can provide you with a traffic lawyer Fairfax VA citizens frequently turn to who can meet all of your expectations plus more. Traffic Violations There are many minor traffic violations, such as getting caught without your 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:
- 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 suspension of license, hefty fines, and jail time. A traffic lawyer Fairfax VA provides 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 individual that got away. If convicted of a hit and run, the most severe punishment is up to ten years in prison. The sentence can be much less if the victim was not injured, or if there was no one else involved in the accident. A traffic lawyer Fairfax VA 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 as the result of speeding, the ticket or result can be much worse. If charged with reckless driving, the penalty is a misdemeanor, and you could be charged with large fines, license suspension, and up to one year in jail. 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 if there were victims involved. Let us take on the case for you and we can be there for you from the beginning to the end. Choose Dave Albo a traffic lawyer Fairfax VA citizens recommend.