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.

What Does a Top Criminal Defense Attorney do for their Client in Richmond, Virginia?

As the saying goes, you are innocent until proven guilty.The U.S. Constitution gives important protections to people who have been accused of crimes.  These rights extend to all people, whether they are innocent or guilty. Whenever someone is charged with a criminal offense, it is important that they hire an experienced and knowledgeable criminal defense attorney. Having a defense attorney gives a person charged with a crime/s several benefits in their case.

A good criminal defense attorney uses a number of tools in order to protect and advocate for their clients. Ask to speak to an attorney before giving any detailed statement to law enforcement. Once you hire a top criminal defense attorney, they will first obtain discovery documentation from the Commonwealth Attorney so they evaluate the facts of the case and determine what the evidence against their client is and what the government can and cannot prove.

·       An  experienced criminal defense attorney can strategically prepare for a trial and determine what evidence and witnesses will best help their clients. The attorney will have the ability to negotiate on the defendant’s behalf with the Commonwealth Attorney.  In many cases, even when the client may be guilty, the best defense attorney can exploit weaknesses in the prosecution’s evidence and case, which can force the prosecutor to agree to a much better result in court than if the defendant simply appears on his own without an attorney. 

       

      If you've been charged with a criminal offense in Richmond, call the experienced defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

What's the Difference Between Grand Larceny and Petit Larceny?

In Virginia, various criminal offenses are often referred to by names that most people do not understand. The Commonwealth classifies its theft offenses as either grand larceny or petit larceny. The consequences for each offense vary significantly.

Grand larceny is the more serious offense of the two. It involves the larceny, or taking and carrying away, from another person, something of value $5 or more; stealing $200 or more in goods; or stealing a gun of any value. Anyone found guilty of grand larceny will face a felony conviction, which results in at least 1 year in prison and up to 20 years in prison, and/or a $2,500 fine.

Petit larceny is less serious than grand larceny, but still carries significant penalties. Petit larceny involves the taking and carrying away, from another person, something of value less than $5, or the taking and carrying away goods worth less than $200. A guilty finding of petit larceny is a class 1 misdemeanor. Penalties include imprisonment up to 1 year and/or a $2,500 fine.

Theft offenses always depend on the value of goods taken, and because there is a clear line that sets the difference between each offense, the consequences can often be quite ruthless. For example, someone that steals $199 in goods from a clothing store can face at most 1 year imprisonment and/or a fine, whereas someone that steals $200 in goods from a clothing store can face up to 20 years imprisonment and/or a fine.

If you have been charged with a theft offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure now for a free consultation: (703) 916-1227.

What is the Difference Between a Felony and Misdemeanor in Virginia?

In Virginia, like most states, criminal offenses are broken into two categories: felonies and misdemeanors. However, Virginia is a bit different in how they break down various felonies and misdemeanors. Virginia's criminal code uses a class system to distinguish between the penalties for various crimes.

A criminal offense that results in a felony conviction is more serious than an offense that results in a misdemeanor conviction. Virginia's felony system is broken into six different classes. A class 1 felony is the most serious type of crime and a class 6 felony is the least serious of the felony offenses. A class 1 felony can result in the death penalty or life imprisonment and a fine up to $100,000. A class 6 felony results in imprisonment for at least one year, but no more than five years, and a fine up to $2,500.

Virginia's misdemeanor system is broken into four classes, with a class 1 misdemeanor being the most serious. A class 1 misdemeanor will result in imprisonment up to 1 year and a fine up to $2,500. A class 2 misdemeanor will result in imprisonment up to 6 months and a fine up to $1,000. Class 3 and 4 misdemeanors do not result in jail time, and instead result in $500 and $250 fines, respectively.

If you've been charged with a crime in Virginia, call the experienced criminal defense attorneys at Portner & Shure for a free consultation: (703) 916-1227.

The Importance of Hiring an Attorney for your DWI in Ashburn

Virginia is known as being one of the most strict states for traffic and criminal offenses. Drunk driving charges are no different. A DWI in Virginia is a very serious offense and results in serious penalties. If you are charged with a DWI, you should hire an experienced drunk driving attorney in Virginia to represent you. In some counties, it can make the difference between jail time or just community service.

Ashburn, Virginia, located in Loudoun County is one of those counties in the Commonwealth where it can make a huge difference to have an attorney in your DWI case. Luodoun County judges favor sentencing DWI offenders to jail time, whether it be for a few days, weeks, months, or years. Your attorney can discuss your case with the Commonwealth Attorney and try to work out an agreement where the Court accepts community service in lieu of any jail time. That cannot happen without an experienced attorney on your case.

If you've been charged with a DWI in Ashburn, Virginia, call the experienced drunk driving attorneys at Portner & Shure today for a free consultation and don't risk being sent to jail. Call now: (703) 916-1227.