Serious Traffic Defense

Accidents happen. However, some Virginia police officers routinely cite all motorists who they think caused an accident with the crime of Reckless Driving. Is being in an accident a crime? Briefly stated, no. Reckless Driving is a Class 1 misdemeanor. A relatively serious offense, the crime is on the same level as DUI, Petit Larceny, and Assault & Battery. The maximum punishment is up to a year in jail, a $2,500 fine, and a 6 month…

Usually, police cannot order a motorist to pull over and stop unless he has a reasonable suspicion, based on fact he can articulate, that a crime or traffic offense is occurring in his presence.  (Common exceptions are an arrest warrant or a police “checkpoint”). Many people commonly give up their 4th Amendment right to be free from unreasonable searches and seizures by violating the law in small ways.  If an officer wants to randomly pull

If arrested for DUI, in most instances, one must do a breath test.  In Virginia there are usually two breath tests:  the preliminary breath test that is usually administered roadside prior to one being arrested, and the evidential breath test administered after an arrest at the police station.  The preliminary breath test is optional; the post-arrest breath test is mandatory in most circumstances.  (The penalty for refusing the second test is a separate charge called

One of the most common misunderstandings in criminal and traffic law is that mistakes on the warrant or summons automatically results in a dismissal of the case.  Most of the time, such mistakes have no effect. In a recent case, a man was on trial for Domestic Assault and Battery (also known as “Assault and Battery of a Family Member”).  Because it was alleged to be a third offense, the otherwise misdemeanor charge was elevated