Reckless Driving: What Is It and What Are My Defenses

                Traffic citations may be given to a driver for a number of reasons, perhaps a broken light, expired registration, failure to obey traffic signals, and of course speeding. These citations can become more serious if the officer deems your actions as being reckless. Individuals commit the offense of driving recklessly every day unknowingly. Article 7 of Virginia Code defines reckless driving as “irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person”. Some examples of reckless driving are:

• ·         exceeding 80 MPH
• ·         driving 20 MPH over the posted speed limit
• ·         racing your vehicle
• ·         passing an emergency vehicle in route
• ·         failing to slow your vehicle when approaching a hillcrest where the other side is not visible
• ·         passing a stopped school bus
• ·         driving with faulty brakes/equipment
• ·         driving at a speed that is considered unsafe for current weather conditions
• ·         weaving an older vehicle between lanes at a fast speed
• ·         driving on a road that is not open to the public
• ·         driving in the wrong lane
• ·         operating a motor vehicle while suffering from lack of sleep/falling asleep while driving
• ·         passing another vehicle at a railroad crossing

Essentially, driving recklessly is any offense that poses a threat to the life of another driver. When one is charged with the violation of reckless driving, there are two methods of defense your attorney is able to use in court. One, they will attack the evidence attached to your case, and two try to bargain with the judge to why you do not deserve a conviction as harsh as reckless driving. Regarding the evidence, if the police officer that cited you did not calibrate their speed measuring device, or did not have proof of calibration in the proper format, most likely your case will be a success.  In these situations it is always best if you have a clean record, and completing a DMV driver improvement and/or an aggressive driving avoidance class will help in your favor. If you are the parent of a child who has been charged with driving recklessly, it is best to appear in court with your child and to inform the judge that punitive measures have been taken at home. Even if you are found guilty of the charge, generally the judge will lessen your conviction if you have taken these preliminary steps.

 If you or a family member have been charged with a reckless traffic offense in Virginia and would like a free legal consultation or if you would like more information on a serious traffic offense please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

What are My Rights While Being Arrested in Virginia?

Criminal proceedings are usually initiated by an arrest. Officers can arrest you if they have probable cause, without a warrant. Probable cause is good reason.

However, except in dire/emergency circumstances the police will NEED a warrant to arrest you in your home.
In order to enjoy your rights, YOU have to be responsible for exercising them.
Although, police officers cannot "legally" force you to do most things-, frequently they will ask anyway.
If you are ever unsure about whether you are required to obey a police officer, you are allowed (and should) respectfully ask them whether they are ordering you to do something. If they are not ordering you; you are allowed to refuse. However, when you are given a direct order- follow this order with respect and as silently and quickly as possible.

In general, the arrest and booking process is often tedious and time consuming. Once you are arrested you have the right to the following:
1. Remain silent.
The Fifth Amendment of the United States Constitution guarantees that "no person... shall be compelled in any criminal case to be a witness against himself." Do not forget- police officers are knowledgeable in asking the "right" types of questions. They are not just trying to chat, these questions are designed with a specific intent. Also- even if you are speaking about something outside the scope of your arrest, this information can still be brought into trial. Anything said during the interrogation can be incriminating!

2. Be informed that what you say can (and likely will) be used against you in court
In Miranda V. Arizona the United State Supreme Court extended the privileges of the Fifth Amendment to individuals subjected to custodial interrogation by police. These are called your Miranda rights and you must be told them BEFORE you are interrogated. Custodial interrogation means questioning initiated by law enforcement officers AFTER a person has been taken into custody. In this situation an individual is deprived of his or her freedom of action.
The state is required to have procedural safeguards in place and to explain an accused person of their right of silence.

3. Consult an attorney and have an attorney with you during interrogations
When arrested, most individuals do not get the opportunity to call a lawyer for over two hours after the arrest. Knowing your right to call a lawyer, as soon as you are arrested, will likely shorten the time you are asked to wait. Police officers are not allowed to say things such as "you don't need a lawyer," and this is NOT a correct interpretation of the law and "should not be spoken by any enforcement officer to a person in custody under any circumstances."
If you begin talking, without a lawyer nor openly requesting one, this information is readily admissible in court.

4. Make a phone call or calls within a certain time after arrest 
ONCE you are arrested the state can only hold you in custody for a reasonable amount of time before formally charging you of a crime. In most states, like Maryland and Virginia, this time is 72 hours.

You must KNOW your rights in order to enforce them. Be careful. Know the law.

If you feel that any of these steps were violated during your arrest in Virginia- you need an experienced criminal defense attorney.  Contact Portner & Shure P.A. (703) 916-1227 today for a Free Initial Consultation.

Virginia Courts to Implement New Plan to Pay Traffic Fines

        Every year thousands of licensed drivers are cited for various offenses they have committed while on the road. Consequently, these drivers are now responsible for paying their fine in a timely manner to avoid further punishments. For many, paying off a fine may seem like a fair trade in comparison to perhaps community service or serving time in a detention center. For others, paying a fine can be detrimental to their family’s finances. Traffic fines can range anywhere from a few dollars to a few thousand dollars. When a driver is not able to pay off their debts to the state, they can lose their license. People depend heavily on being able to drive themselves to work, school, or other important places, taking away their license limits their mobility and makes it difficult to maintain their jobs. The current rules are only punishing these people more than they need to be punished.

In efforts to avoid this tolling process, Virginia courts have attempted to create a payment plan for their offending drivers. On paper this may have seemed like a great plan, in reality some individuals are still not able to pay down their monthly dues, leading to more severe consequences. A driver may have a few hundred dollars owed to one court, and a few hundred to another court, and the worst part is that none of the courts are aware of the other fines that are due. Most judges are not aware, and not consider the snowballing effect they could be creating by making another payment plan for their offender. It has been suggested that courts call for more flexible collection demands, along with using community service to pay back their debts to the state instead of fines.

      If you are charged with a serious traffic offense in Virginia and would like a free legal consultation or if you would like more information on a serious traffic offense please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Blood Alcohol Test is Called into Question in Virginia DUI Case

In Virginia, there is a penalty for refusing a blood alcohol test in a drunk driving arrest.  This is not an abnormal law by any means.  In fact, most states impose a penalty on drivers in DUI cases that refuse a blood alcohol test.  In Virginia, a first time refusal results in a one year license suspension and is only a civil offense.  Subsequent violations are considered criminal offenses.

            

            Virginia’s implied consent law makes it unlawful for an impaired driver to “unreasonably refuse” to have blood or breath samples taken for chemical tests.  When an officer pulls someone over for suspicion of DUI, they are required to advise the arrestee that anyone operating a vehicle on Virginia highways is deemed to have consented to chemical testing.  A Fairfax County Circuit Court DUI case is challenging this issue under the Constitution.  Can a state “punish a driver for refusing a warrantless test to measure blood alcohol content?”

            

            In the past, Virginia Circuit Court judges have rejected challenges to Virginia’s implied consent law.  The specific question presented in this case has never been brought before the Virginia courts.  If the Court was to rule in favor of the Defendant on this question, it would require police officers to obtain a warrant for administering the alcohol test.

            

           The argument being made by the Defendant in this case is that the “government cannot punish a person or rescind a governmentally bestowed privilege as a consequence for refusing to waive a constitutional right against unreasonable warrantless searches.”  Without a warrant requirement for obtaining this type of evidence, police are effectively forcing people to consent to giving up evidence against themselves.

            

           If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/