If you are looking for help with a King George speeding ticket, you’ve come to the right place. Here are some tips and advice to deal with your ticket.

Read your ticket

Your first important step is to read the ticket you received. Some speeding tickets aren’t simple speeding tickets. Instead, they may be reckless driving tickets based on the speed you were traveling.

If you have a reckless driving ticket, many of the following tips still apply. However, it is a much more serious charge than just speeding. That’s why you need to carefully check over your ticket.

Get your record

After verifying the charge you’re facing, I suggest getting a copy of your driving record. You can do that by contacting your state’s DMV.

Your driving record will be a key piece of evidence that can decide what happens in your case. A good driving record opens up possibilities for reducing or dismissing your case.

Check the evidence

To be convicted of a speeding ticket, the Commonwealth must prove your guilt beyond a reasonable doubt. The officer will have to testify that he clocked your vehicle at the accused speed and that his radar or laser unit was functioning properly.

The officer also has to prove that his equipment has been calibrated within six months of your traffic stop. Your case could be dismissed without his calibration report.

King George speeding ticket lawyer

A speeding ticket isn’t the most serious charge in Virginia. But it may be the most serious legal issue you’ve encountered.

Since many lawyers, including myself, offer free consultations, why not take us up on it? You may be surprised at the ways I can reduce or dismiss charges, depending upon all the facts and circumstances.

I’d love to talk to you and come up with a plan together.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. King George Speeding Ticket Help

Virtual services make a lot of sense to me. My law firm operates using the best technology, service, or product for a given need. I don’t pick the most expensive option or the one that is custom-made for attorneys. I pick the option that works well and keeps overhead as low as possible.

In a lot of cases, virtual services are the best choice.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Law Journal Interviews Andrew

Probable cause

First of all, the police need probable cause to make a traffic stop. They must have a “reasonable articulable suspicion” that you did something illegal.

Many DWI charges arise out of basic traffic violations like speeding or failure to signal. If the police can testify that they observed you breaking another traffic law (and you actually were breaking the law), probable cause for the stop is usually in the bag.

However, some DUI stops begin with the officer observing your vehicle swerving or driving erratically in some other manner. For these types of stops, it can be easier to argue that the officer didn’t have probable cause to make the stop.

Even if the oficer had probable cause for the stop, he still has to have probable cause that the driver was intoxicated. This can be another angle for to explore for possible defenses.

Proof of intoxication

To convict you of a King George DWI, the Commonwealth has to prove that you were intoxicated. This is primarily proven through a breath alcohol test, commonly known as a breathalyzer.

The Commonwealth must meet a number of requirements to introduce the breathlyzer results at your trial. Some requirements include: the equipment must be properly calibrated, it must be operated correctly, and the certificate must be completed correctly. We will definitely explore all these angles to see if any of them will provide a defense to your DUI.

Fight Your King George DWI

These are just some of the ways to fight your DWI. I would love to talk to you about your case in King George, and we’ll work out a plan together.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. King George DWI Defense

Virginia punishes driving on a suspended license as a class 1 misdemeanor. But what punishment are you really facing? Are there defenses that can get you out of this mess? Let’s talk about it.

Driving on a suspended or revoked license

Driving on a revoked or suspended license appears in 46.2-301(B) of the Virginia Code:

B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.

There are a three elements the Commonwealth must prove to convict you of this charge. That means there are primarily three places we can look for possible defenses. Those elements are:

1. You must be driving a motor vehicle.
2. Your license must be suspended or revoked.
3. You must know that your license is suspended or revoked.

Now let’s look at each one individually.

Driving

The Commonwealth has to prove that you were actually driving a motor vehicle on a public road at the time of the alleged offense.

In many cases, this element is fairly simple for the Commonwealth. Driving on a suspended license is typically charged when an officer makes a traffic stop, asks for the driver’s license, and sees that it’s suspended or revoked.

However, there are cases where this element is difficult to establish. Perhaps the officer never saw you actually driving the vehicle. For example, if you are in an accident, the officer will probably not arrive on the scene until after everyone is out of their vehicles. In a case like that, the Commonwealth probably cannot prove that you were driving, unless you admit that to the officer or another witness can identify you as the driver.

Even if the Commonwealth can prove you were driving, they still have two other hurdles to jump.

License suspended or revoked

Was your license legally suspended or revoked? To prove this charge, the Commonwealth has to prove that your license was suspended properly.

This is typically a routine element for the Commonwealth’s Attorney. They bring a certified copy of your DMV transcript that shows the suspension or revocation of your license.

But what if your license wasn’t actually suspended according to the law? For example, the clerk’s offices sometimes make clerical errors that result in someone’s license being incorrectly suspended. We can use evidence of a clerical error like that to beat the Commonwealth’s case.

Knowledge of suspension or revocation

The final element of driving on a revoked or suspended license can be the hardest for the Commonwealth to prove. They have to prove that you knew your license was suspended or revoked when you were driving.

Sadly, most people shoot themselves in the foot at this point. The officer will almost always ask during the traffic stop if you knew your license was suspended or revoked. If you indicate that you knew, the Commonwealth has this element in the bag.

If you don’t admit to knowledge of the suspension or revocation, the Commonwealth will try to prove this element through your DMV transcript. They use the transcript to try to show that you received notice of the suspension.

The primary reason for a license suspension in Virginia is due to failure to pay court fines and costs. The Virginia Code tries to provide notice of suspension when the clerk’s office tells you about the amount of fines and costs you owe. But the courts typically insist that you receive notice when your license is actually suspended. This is a subtle legal point, but one that can successfully win your case.

Punishments

Driving on a suspended or revoked license is a class 1 misdemeanor. This means that you are facing up to 1 year in jail and/or a fine up to $2,500.

If you get convicted of this statute three times within 10 years, you could be looking at a mandatory minimum jail sentence of 10 days.

A conviction under this statute also results in your license being suspended again for the period it was originally suspended.

What are you facing?

The specific facts of your case will determine the possible outcomes you are facing. There are lots of defenses we need to examine together to see if they apply in your case.

The best way to find out what you are facing on your charge is to call me for a free consultation. I offer free consultations in all traffic and criminal cases in the counties of Stafford, Spotsylvania, Orange, and King George, as well as the city of Fredericksburg.

If you have a case in another jurisdiction in Virginia, I still may be able to help you. Give me a call, and we’ll talk.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Driving on a Suspended License Defense

If you have a Stafford speeding ticket, you’re not alone. The Virginia State Troopers and Stafford County Sheriff’s Deputies write a lot of speeding tickets, especially along Interstate 95.

But what should you do? Should you prepay the ticket? Should you fight it? Let’s talk about it.

Think carefully about prepaying

It might be tempting to prepay your speeding ticket. You can login to the court’s website, input your credit card info, and be done. But prepaying has consequences.

1. You’re giving up your right to a trial. Prepaying completely forfeits your trial and any chance to defend yourself.

2. You’re giving up your right to remain silent. When you prepay your ticket, you are pleading guilty and admitting to the ticket.

3. You’ll get points on your driving record. The Virginia DMV assesses points for any violation that is actually written as a speeding ticket.

Stafford speeding ticket defense

If don’t prepay your ticket, what’s your other option? You can go to court and defend the ticket.

To be convicted of a speeding violation, the Commonwealth must prove that you are guilty beyond a reasonable doubt. Thus, there might be a defense to the evidence against you.

There are three primary angles of attack in a speeding ticket case:

1. Challenge the officer’s observations. Some issues include: Did the officer stop the correct vehicle? Did he properly identify you as the driver?

2. Confront the accuracy of the speed measuring technique. Was the officer’s radar gun properly calibrated? Did he correctly pace your vehicle?

3. Bargain with the court. Even if the evidence against you is solid, there are ways to get the judge to reduce or dismiss the charge. For example, you might be able to attend a driving school or perform community service.

These are just some of the factors to consider. I would love to speak with you about the possible defenses to your Stafford speeding ticket.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Stafford Speeding Ticket

Obstruction of justice is a serious offense in Virginia. If you are charged with obstructing justice, you should know about your rights and possible defenses.

Virginia’s obstruction of justice statute has four sections. Depending upon which section you are charged under, the offense could be a misdemeanor or a felony. Either way, you are facing possible jail time.

No matter which section you are charged under, Virginia law requires that you actually intended to impede or obstruct the justice system. If you just didn’t cooperate with a police officer, that is probably not enough to convict you of obstructing justice. In addition, the courts are clear that fleeing from the police does not amount to obstruction.

Virginia obstruction of justice – the law

Obstruction of justice is codified under Virginia Code § 18.2-460:

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a)(3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

As you can see, obstruction of justice is a serious offense. If you are charged with obstruction, I would be happy to discuss your case with you and see how I can help.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Virginia Obstruction of Justice Defense

Did you get a traffic ticket in Spotsylvania County? Let’s look at your options for fighting it! If you want to talk to a Spotsylvania traffic lawyer, just give me a call.

Beware of pre-paying

First of all, you should think twice before you prepay your traffic ticket. It’s tempting to get the ticket out of the way by just paying the fine, but you’re also giving up important rights.

The ticket you received should have a notice that informs you about your waiver of rights. Basically, you are giving up your right to a trial, your right to remain silent, and your right to confront the evidence against you.

Do you really know what will happen if you plead guilty to your traffic ticket? I’ve had people call me after they prepaid their ticket and realized the conviction caused havoc in their life.

In sum, you should call a traffic ticket lawyer before you prepay any ticket.

Check for ticket defenses

Part of your traffic lawyer consultation should cover the defenses you might have. The Commonwealth has to prove beyond a reasonable doubt that you broke the law, and you can raise affirmative defenses in your case. Things to consider include:

Was there a problem with the officer’s observations?

Was your vehicle actually the vehicle that allegedly broke the law?

Was there a legal justification for your driving behavior?

Is there a defect or problem on the ticket itself?

Are you the driver of the vehicle that the officer observed allegedly violating the law?

There are certainly other possible defenses to analyze based on the facts of your case. For example, speeding tickets must be proven by an acceptable manner of measuring your speed. If the officer cannot prove his speed measurement, your speeding ticket could be dismissed completely.

Consider other possibilities

Even if there are no substantive defenses for your traffic ticket in Spotsylvania, you may still have options.

Depending upon the facts of your case and your driving record, you may be able to attend a driver improvement school to have the ticket reduced or dismissed.

If driving school isn’t an option in your case, you may still be able to obtain a reduction by completing some community service.

To take either of these options, you would at least have to pay the court costs for your ticket. And if the ticket is just reduced, you would have to pay the fine for the reduced charge.

Consult a Spotsylvania traffic lawyer

I’d love to talk with you. Give me a call to discuss your traffic ticket. I offer free consultations that will cover the basics of your case, possible defenses, and other solutions to this situation.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Talk to a Spotsylvania Traffic Lawyer

Did you receive a speeding ticket in Spotsylvania County? It’s normal to be worried about the outcome. But your ticket might be beatable! Here are some tips to help beat your Spotsylvania speeding ticket.

Stay calm

You have to stay calm throughout the traffic stop. And you need to keep your head afterward as well. You certainly can’t beat your ticket if you’re in a state of panic or fear.

Check your record

Your driving record will largely determine the possible outcomes of your case. You can get your record from the Virginia DMV or from the motor vehicle authority in your state.

For Virginia-licensed drivers, your record is available online or in-person at a DMV location. You’ll have to pay a small fee to get it, but this is an important piece of your ticket defense.

Analyze the facts

The Commonwealth has to prove that you were speeding to convict you. This is why prepaying your ticket doesn’t make much sense. Prepayment admits to the violation and waives any defenses you might have.

You should talk with a traffic lawyer about the facts of your case to see if there are any possible defenses. You might have defenses based on the stop itself, the way the officer measured your speed, or other factual issues.

Improve your driving

One of the best ways to beat your speeding ticket is to complete a driver improvement course. If you have a good driving record and haven’t done a driving clinic in a while, this could be a great option for you.

If you get this result, you’ll need to complete the driver improvement course before the judge’s deadline. And you’ll still have to pay court costs. If you do all of this, your ticket would be dismissed.

Consult a Spotsylvania speeding ticket lawyer

Don’t downplay the severity of a speeding ticket. And don’t just assume that there’s no way out. Most traffic lawyers, including me, offer free consultations to discuss your options. Why not take us up on the offer?

If you have a speeding ticket in Spotsylvania, Stafford, or Fredericksburg, I would love to discuss your case with you. Feel free to call me at your convenience.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. Beat Your Spotsylvania Speeding Ticket

Many of my clients end up completing a Virginia driver improvement school in order to reduce their traffic charges. This is a classic tool to work out a positive outcome in Virginia traffic cases.

Sign-up

Your first step is to locate and sign-up with an approved driver improvement course.

If you have a Virginia driver’s license, you must complete a course that is approved by the Virginia DMV. The DMV maintains a list of approved courses. You can take the course online or in person.

If you reside in another state, you should be able to take a Virginia course or a course that is approved in your home state.

Complete it

This part is self-explanatory. Complete the course. Do it before the deadline.

Send the certificate

You should have a deadline from the court. You have to send in your original driver improvement certificate before the deadline. If you are late, the judge will likely convict you of the original charge. You usually have to pay your fine and costs by this deadline as well.

When you have the certificate, just mail it to the clerk’s office for the court where your case was heard. Then you’re done!

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. How to do Virginia Driving School

If you have a fine or court costs to pay in Virginia traffic court, this article will explain how to take care of that.

Payment methods

The General District Courts in Virginia generally accept payment via cash, check, or credit card. You can pay via any of those methods if you pay in person.

If you need to pay by mail, you usually need to send a check or money order. Some courts can accept credit card payments over the phone, but many cannot. If you want to try to pay with a credit card over the phone, you can contact the clerk’s office to see if that is an option.

Due date

Unless you are told otherwise, all payments are due within 15 days of your trial date.

If you do not pay by the deadline, your driver’s license will be suspended. If you drive with a suspended license, you can be convicted of a class 1 misdemeanor under Virginia Code 46.2-301.

If the judge gave you the opportunity to complete driving school or community service to reduce your charge, you will need to pay your court costs and any fine by the date that your other certificates are due.

If you have any doubt about your payment due date, contact your attorney or the court clerk’s office.

Where to pay

You can bring your payment in person to the General District Court where your case was heard. The address should be on the ticket you received.

To mail in your payment, mail it to the General District Court clerk’s office. The address should be on your ticket, and you can verify the mailing address on the Supreme Court of Virginia’s website.

What to mail

If you pay by mail, I advise clients to take these steps:

1. Be sure your legal name is on the check or money order
2. Double-check the proper address for the clerk’s office
3. Enclose a copy of your ticket with the check or money order

Be certain that your payment will arrive before the deadline. The clerk’s office must receive it by the deadline.

Any questions?

If you have any questions about paying, contact your attorney or the clerk’s office. Don’t wait until the last minute, or you might lose your license.

Originally published at AndrewFlusche.com. © 2009 Andrew Flusche. How to Pay Your Fine and Court Costs