Drunk Drivers and Speeders Beware in Virginia

Over the last several weeks, Virginia has seen a sharp increase in fatal accidents, many of which have been caused by drunk drivers and reckless drivers. As a result, Virginia police officers are increasing patrols all over roadways to catch drivers that have been drinking or speeding excessively on highways.

If you are caught drinking and driving and charged with a DWI, it is important to hire an experienced Virginia attorney to represent you to help avoid the most serious consequences. If you are charged with reckless driving, another very serious offense in Virginia, it is also very important to hire an attorney to represent you because if convicted, it is a criminal charge that will remain on your record. An experienced attorney will work to amend the speed reported by the police officer to a number that is under the reckless driving threshold (20 mph over the speed limit or over 80mph).

Call Portner & Shure today for a free consultation if you've been charged with a traffic or criminal offense in Virginia: (703) 916-1227.

What Clients Are Saying January 2017

“Getting caught driving while being drunk was no fun. called over to Portner & Shure. Got an appointment the very next day with the attorney and Diana Ramirez. Their service was very good and they led me thoroughly through the whole process. Great Law firm!”

This case was handled by our attorney, Kevin Ruby, who works out of our Vienna, VA office.

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.

What to Expect in a typical 1st Offense Virginia DWI case?

·         Most importantly, you should retain an attorney to represent you in court because Virginia has some of the most strict penalties for traffic offenses, including DWIs.

·         Unlike other states, Virginia courts handle everything—the DWI charge, the driver’s license, and alcohol treatment through VASAP.

·         If your BAC is between 0.08 and 0.14, there is no mandatory jail time, although it is still possible.

·         If your BAC is between 0.15 and 0.20, there is a mandatory jail sentence of 5 days.

·         If your BAC over 0.20, there is a mandatory jail sentence of 10 days.

·         If you’ve been charged with DWI in Virginia, call Portner & Shure today to discuss your case, (703) 916-1227.

Why it's Important to Hire a Criminal Defense Attorney for your Virginia DWI Case

In Virginia, traffic offenses, including DWIs, are taken very seriously. Virginia is known to have some of the strictest penalties for traffic offenses, especially for DWIs. The most important thing to know is that for a BAC of 0.15 or greater, there is mandatory jail time. A Virginia Judge must sentence someone convicted of a DWI to at least 5 days in jail if the BAC is 0.15-0.20 and 10 days if the BAC is greater than 0.20. It is important to hire an experienced DWI attorney in Virginia to make sure you get the minimum number of days in jail. If you do not take this seriously, you risk being sentenced to the full 30 days in jail for BAC of 0.15-0.20, or 40 days for a BAC over 0.20.

Other penalties for DWIs in Virginia include, a mandatory license suspension for one year or have an ignition interlock device installed in your vehicle for one year. In addition, you will be required to complete alcohol education classes through VASAP.

Another important thing to remember in Virginia is that if you refuse the breath test or blood test so that the police can obtain a reading of your BAC, that is a misdemeanor offense in itself and you can face a license suspension of 3 years.

If you have been charged with a DWI in Virginia, call us today for a free consultation (703) 916-1227.

How to Handle a Traffic Stop

        Being pulled over is nerve wracking for everyone. It does not matter if you think you have done anything wrong or not, we all get skittish, However, it is the way you handle the traffic stop that could either leave you with a warning, or behind bars. There are probably some questions you are asking yourself during this time, and there are a few things you need to keep in mind. 

        There is not a specific time frame for a traffic stop. While you're sitting on the side of the road, every minute that passes equates to an hour. You just need to remember the officer can take as long as he deems necessary to finish the stop as long as it is not unreasonable. Also, you do not have to agree to let the officer search your vehicle if your ask; this is part of your 4th amendment rights to protect against unreasonable searches and seizures. Simply advise the officer that you are opposing the search, but be sure to remain cool, calm, and collected during this discussion. Your attitude is your biggest advocate for yourself. In regards to your person being searched, the officer is only allowed to search you if there is reasonable suspicion for them to search you.

        If you or a family member have received a ticket in the state of Virginia and would like to speak with an experienced attorney for a free consultation, contact our office at (703) 916-1227 to schedule an appointment at one of our Virginia locations or visit us online at  http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-Criminal.shtml