Do not bring in the New Year with a Criminal Record

Drinking and driving is a decision that generally one makes after considering the risk of getting caught, or deciding that they have “sobered up” enough and can get themselves to their destination. Similar to a slot machine, when you drive drunk, the odds are against you. No matter the case, you should never drive after you’ve been drinking. There are too many other means of transportation to be caught drunk behind the wheel, or taking the risk of hurting someone. Have a designated driver, call a cab, take an Uber or Lyft, or just stay where you are. It’s not worth the consequences. When you’re celebrating with Family and Friends, keep in mind that even a first time drunk driving charge can lead to jail time, license suspension, and fines exceeding $1,000. Stay safe and be smart during your Holiday festivities, and if you end up needing an attorney, give us a call.

Top Rated Criminal Defense Attorneys

Everyday our law firm receives countless criminal defense consultations from those who have either been charged with a crime or a serious traffic offense. One of the most common questions we hear, and it’s one that seems to take precedence over all the other questions, is “how much is the attorney fee”. In all retrospect, the price of your attorney should not be the deciding factor on what firm you choose. Our criminal and traffic retainer fees may be slightly higher than some of the other law firms, however you are ultimately receiving the sentencing you pay for. We may charge a little bit more, but that’s because we guarantee you will have a more favorable outcome than with some of these cheaper firms. A couple hundred dollars should not stand between you and your criminal record. If you or someone you know has received a criminal charge, call our top rated defense attorneys today.

What Qualifies as Aggressive Driving in Virginia

Being an aggressive driver is a class 2 misdemeanor in Virginia. That means you could be facing a potential jail sentence of up to 6 months with a fine of $1,000. But exactly what is aggressive driving? Aggressive driving in Virginia is defined as violating 1 or more of the following traffic law provisions:

·         -Driving too slowly in the left lanes on the highway

·         -Failing to observe traffic lanes

·         -Following vehicles too closely

·         -Failing to properly stop or yield before entering a highway

·         -Driving off road or across property to avoid traffic signs or lights

·         -Cutting off other drivers on the road

·         -Increasing speed to prevent another driver to overtake you

·         -Improperly stopping on the highway

·         -Speeding 

In addition to violating 1 or more of these traffic law provisions, the person must have violated these traffic laws in such a manner as to be a hazard to another person OR violates these traffic laws with the intent to harass, intimidate, injure or obstruct another person. Aggressive driving with the intent to injure another person, is a class 1 misdemeanor, which carries up to 12 months in jail and a fine of up to $2,500.

Aggressive driving is a technical offense and may be difficult for the prosecutor to prove. You need an experienced lawyer, like those at Portner & Shure, to review the evidence and identify the weaknesses in the prosecutor’s case.

Litigation News April 2018

This month in litigation news, a client was arrested for driving under the influence of alcohol and was charged with a litany of other traffic related offenses. Once our experienced attorneys got involved, we were able to obtain records from the police including a video, which was intended to capture the entire police altercation. After reviewing that video, our attorneys were able to find several critical mistakes made by the police officer in his arrest of our client. First, the video showed the officer waiting over 1 mile to pull the client over for the initial traffic offense. Second, once our client was pulled over, the officer asked our client to do a field sobriety test, but conveniently did the test outside the shot of the video. Third, in the video, you could hear the officer’s laid back attitude, jokes, and other comments regarding our client’s performance during the field sobriety test that was in clear contradiction to what was on the officer’s final report. Because of the officer’s mistakes, our attorneys were able to convince the Assistant State’s Attorney to dismiss the DUI in exchange for payment of the fine for the initial traffic violation. Portner & Shure attorneys will go to great lengths to investigate your case and prove your innocence.

Be Proactive on your Virginia License Points

As the weather gets warmer, more and more people will be up and about and driving. That means police will me more vigilant for traffic offenses. If you end up with a minor traffic ticket, that could mean points for your Virginia driver’s license. But did you know you could offset those points by taking a Virginia driver’s improvement clinic? When you successfully complete a driver’s improvement clinic, you’ll be awarded 5 driver safety points. Look up your nearest driver’s improvement clinic at https://www.dmv.virginia.gov/drivers/#clinics.asp . However, for more serious traffic offenses, it may not be in your best interest to admit guilt, as more serious traffic offenses are considered criminal misdemeanor offenses with potential jail time. Regardless of what traffic citation you’ve been charged, consult one of our experienced traffic attorneys to determine what the best plan for you may be.