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.

Not So Fast! You Could End Up In Jail for Reckless Driving in Virginia!

If you've driven in Virginia, then you know that there are some wild traffic laws that police officers can use to catch drivers. Known as one of the strictest states for traffic offenses, Virginia laws take driving very seriously, and any driver that breaks those laws will face tough penalties. One of the most common traffic offenses that drivers commit is speeding. Virginia does not take speeding lightly. In fact, they have a separate category for excessive speeding, called reckless driving. if you are caught driving 20mph over the speed limit or over 80mph, you will be charged with reckless driving. This charge should be taken very serious because it is NOT a simple traffic offense, it is a CRIMINAL offense. Not only will you be faced with a hefty fine and a criminal conviction on your record if found guilty, but jail time is a real possibility. Every county in Virginia is different with how they view jail time for reckless driving. In many cases, the exact speed will determine if jail is on the table, and if so, how many days, weeks, or months in jail.

The important thing for drivers in Virginia to remember is that if you receive a citation for reckless driving, you should absolutely hire an attorney in order to avoid a criminal conviction and jail time. In all reckless driving cases, our experienced criminal defense attorneys aim to have the speed amended so that it falls below the 20mph+ or 80mph+ threshold so that it is treated as a simple speeding ticket. That is not always possible in every case, however. Sometimes, drivers are caught speeding well over 100mph. In those cases, our goal is to avoid any jail time whatsoever. It is very difficult for anyone charged with reckless driving to appear in court without an attorney and try to avoid any guilty finding or a jail sentence.

Virginia police are always out on highways looking for speeders and reckless drivers. Don't let them catch you. But, if you are caught driving well over the speed limit and charged with reckless driving, call Portner & Shure for a free consultation: (703) 916-1227.

Speed Limit in Virginia: Is it Really Enforced by Aircraft?

We’ve all seen those signs in Virginia stating that the speed limit is enforced by aircraft and we’ve all wondered if that is actually true. It turns out that Virginia state police have actually lacked the funding for using speed-detecting aircraft for the last 7 years. So if you’re one of the many people who have looked up at the sky while driving on Virginia’s highways and never saw an aircraft, that’s because there is nothing up there monitoring your speed. Instead, you should be paying attention to the roadways and looking out for state police vehicles detecting speed the old-fashioned way with radar guns. Virginia employs strict penalties for speeders and reckless drivers in Virginia. Remember that if you are 20mph over the posted speed limit, or you are over 80mph, that is considered reckless driving in Virginia. If you are pulled over for speeding or reckless driving in Virginia, call Portner & Shure and let us fight that ticket.

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/

Distracted Driving in Virginia: What Drivers do Before they Crash

            Car accidents are still the leading cause of deaths among 5-24 year olds and the second leading cause of deaths for everyone else.  A new study conducted by the Virginia Tech Transportation Institute researched 1,600 drivers over a 1-2 year period.  Numerous cameras, sensors, and radars were installed in the vehicles to track data from these drivers. 

 Over this span of time, there were 1,600 crash events, and 905 of them were severe accidents.  Some of the things observed in the serious crashes included fatigue, driver error, impairment, and distraction.  The risk of an accident doubled when drivers took their eyes off the road and used a cellphone, were reading, or using touchscreen devices in the car.  Throughout the entire study, statistics showed that nearly half the time drivers were involved in distracting activities.  The strongest correlation found by the study is when speeding occurs.  When a driver is travelling well above the speed limit and involved in a distracting activity, the risk of an accident is thirteen times higher than for an alert, law-abiding driver.  Drivers who were emotional were ten times more likely to be involved in a crash.

Interestingly, some activities that have been known to be considered distracting in the past, proved to not be as much of a factor in creating accidents.  For example, applying makeup and interacting with a baby in the car were the cause of very few accidents.

Even though the number of fatal accidents continues to decrease as car become safer, there are still far too many of these types of accidents.  So many of these accidents can be prevented because they are caused by distractions and driver impairment.  If all drivers could keep their cellphones out of their hands while driving and only driving when sober, the number of fatal accidents would likely drop significantly.

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

Virginia Criminal Defense Attorney: What to Expect if I am Illegal and Have Been Charged with a Crime

Our Spanish department receives countless criminal/traffic consultation calls every day.  The one question we receive all the time is how will my immigration status be affected by these charges.  While we are not immigration law experts, there is certainly always a risk that your status could be in doubt, and in the worst case scenario, you could be deported.

            

            Whether it is a traffic offense such as driving without a license, driving on a suspended license, or driving under the influence of alcohol, or a criminal offense, your immigration status here is put at risk.  While our attorneys will help defend the charges against you, we always recommend that you contact an immigration attorney to find out exactly how your status will be affected.  There is an increased risk of serious immigration penalties if you are convicted for your crime, and that is why you must hire an experienced criminal defense attorney.

           

            Many people that are here illegally are usually too afraid to go to court and defend the charges against them.  That is not a good idea because the consequences only get worse because it becomes more likely that your immigration status will be affected.

If you are charged with a criminal or traffic offense in Virginia and would like a free legal consultation or if you would like more information 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/