I was hired the other day to represent a driver who was concerned about a speeding ticket affecting his CDL.  He had been calling around and was surprised at my quote to represent him because it was apparently lower than some of the other quotes he had gotten.  For some drivers their livelihood may be at stake.  The federal government and our state legislature puts the pressure on the courts leaving them with fewer options to offer drivers with CDL’s.  But that is really all—fewer options.  And fewer options don’t necessarily equate to larger lawyer fees for what are really simple traffic matters.  Whether you have a reckless driving in Richmond County or King and Queen County, speeding in Lancaster County or Westmoreland County, defective equipment in Essex County,  Caroline County or other big truck violation in the Northern Neck or Middle Peninsula, give Trible Law Offices a call.

I had a case today where my client was rude and impolite to the officer that stopped him for reckless driving.  While I was still able to get a good result for my client, I could have had a better outcome if my client had kept his thoughts to himself about how fast he thought he was going, why was the officer targeting him and not the guy in the truck ahead, why did the officer take so long writing the ticket, etc.  Most often, the officers have so many things they are doing they don’t recall all of the details of the stop by the time the matter gets to court.  They may have made a couple of notes.  More seasoned officers I notice don’t have any notes unless something negative happened.  When I was talking to the officer  today, I saw his notes ended with a

Don’t let your ticket have a frowny face.  Yes ma’am.  Yes sir.  Thank you.  Have a good day.  Let your lawyer get your smiley face back.

Ignition interlock is mandatory for all DUI cases in Virginia.  It is expensive and it is sensitive.  Many folks with ignition interlock find themselves returning back to court to face jail time because of positive readings on the ignition interlock.  In reality, non-alcoholic foods and drinks can cause positive readings, or sense “residual mouth alcohol.”  Certain medicines, fruits, and yeasts and dough can cause positive readings above the Virginia state limit of .02.  Most of the time, the residual mouth alcohol will dissipate in 5-10 minutes–within the 15 minutes the interlock machine gives you to test negative.  Even then, you still might get ordered back to court and face the possibility of jail, additional fines and license restrictions .   You need an attorney who understands the science and sensitivity of the ignition interlock.

It never ceases to amaze me what people will wear to court.  If my client has to come to court, I always tell them to dress as if they were going to church.  I learned a number of years ago to say that rather than “to dress up” for court.  When she asked me what she should wear, I told my client to “dress up.”  Well, she came dressed up as if she were going out to a club on Saturday night.  A strip club.  Extremely tight fitting sequined short dress, heavy make-up, stiletto heels, you get the picture.  Needless to say, she was the talk of the court–not the image we wished to portray.  While the case worked out well for my client, it taught me a lesson.  Same thing happened around the same time with a male client who was coming up on a marijuana charge.  “Dress up,” I said.  He came in his best t-shirt, which was covered in glossy marijuana buds.  We resolved his case successfully after I had him turn his shirt inside out.

I often get questions from out-of-state clients how tickets will affect their driving record with relation to demerit points with their state’s DMV.  Demerit points are allocated by Virginia DMV, not the judges.  Different speeds merely have different penalties.  A 80 mph in a 60 mph zone, reckless driving, has -6 demerit points, same as a DUI.  Knock one point off to a 79 mph in a 60 mph, then WHAMMO!!!!!  You are looking at -4 demerit points.  How that transfers is really dependant on how your state’s DMV receives such reports.

I am not from here and was unfamiliar with the area.

Mind you, the judges hear thousands of traffic cases a year.  This excuse not only doesn’t work, but it really does not make a lot of sense.  Frequently, a judge will say, “Well, Mr./Mrs. _________, if you were not familiar with the area, shouldn’t you pay more attention and drive carefully and at the speed limit, as you are unfamiliar with the area and need to make extra precautions?”  I have not seen this excuse win yet.