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Questions Answered by Daniel P Leavitt
1 Answer | Asked in Criminal Law for Virginia on
Q: Quick question regarding deferred disposition

If a defendant enters a deferred disposition but but the prosecutor does not agree with the disposition can they still bring it up to a judge and have them decide?

Daniel P Leavitt
Daniel P Leavitt answered on Jan 26, 2022

Usually deferred dispositions have an understood outcome so once you get it you're usually good to go. But it's possible to defer disposition and order mitigation and leave the outcome open ended... so they might be consulted for their opinion but usually that's not the case.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it illegal to pass a moped doing 30 over the double yellow lines on a road with a 55 limit in Virginia?

I live on a road with no lines and a speed limit of 25. I ride my moped at 30 as that's all it will do. People pass me on this road. I turn onto a road with a double yellow and a speed limit of 55, people pass me here too, over the double yellow and without signalling. I turn onto route 60 and... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 7, 2022

You should probably get a car as it provides more protection and you won't have this issue. Consider yourself as a bicycle. Cars are going to pass and while they should give 3 feet they often don't. Driving on a 55 mph road isn't smart. Good luck and stay safe. You may be guilty of... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: My attorney is very rude and disrespectful. Can I get a new one? Or are most adults/attorneys just rude like this?
Daniel P Leavitt
Daniel P Leavitt answered on Dec 24, 2021

You can hire any attorney you want.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter had a traffic stop in my car. A ticket was issued in my name. Is that right?

I was not in the car but I have to report to court?

Daniel P Leavitt
Daniel P Leavitt answered on Dec 23, 2021

Unless it's for allowing an unlicensed person to drive then no that's not right. Hire a lawyer to get it dismissed.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Will I get in further trouble for updating my license(out of state after moving) after receiving a ticket in Va?

If I go to the DMV and update my license, will I receive further penalty due to my current speeding ticket having my address down as from another state? I have lived in VA past 60 days without updating, but it has not yet expired.

Daniel P Leavitt
Daniel P Leavitt answered on Sep 29, 2021

you shouldn't have any issues

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What should I do? Update my license, pay my ticket first? If I update my license, will I possibly get in trouble?

My issue: I am living in VA, I have lived here for 2-3 years. I have a MO license, I got it there when I had turned 18. I had not updated it, as I was not aware I needed to. I have held it for 1 year while living in VA. Just recently, I got a speeding ticket for going 79/55. It was not reckless... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Sep 29, 2021

You most certainly have a duty to update your license. There are limited exceptions for military/students but the law generally is you must update it within 60 days of moving here. Hire a lawyer to get the case in Virginia reduced or dismissed. That will help with points. But definitely fix the... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: The law is “innocent until proven guilty” if there is no evidence except “he say she say” could it hold up in court?

Between a 4 year olds words & an of age man words, court the judge convict the of age man with no evidence?

Daniel P Leavitt
Daniel P Leavitt answered on Aug 18, 2021

The court cannot find anyone guilty with no evidence. However any testimony, including a 4yo, is in fact evidence and they of course can find you guilty of there's enough evidence.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I am top of my class in high school and just had gotten my first offense traffic ticket. I need help with options.

I recently turned 18 and am about to graduate from high school with my associate's degree and a traditional high school diploma. I have received a speeding ticket for 59 mph in a 45-mph zone. The ticket says that it was due to a stationary radar. After doing some research on these radars, I... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on May 29, 2021

Hire a lawyer to go to court for you they will know what to do. You look like you're getting bad information on the internet. Call someone who regularly practices in the court where your case is.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a paper ticket back in January, but when I log into the counties website to pay the ticket I dont see it. Am i off

The ticket was issued in Norfolk, VA and when I log into the website to pay the ticket I do not see the ticket. Am I off scotch free or what? If I am not off scotch free then why is it not in the system and how do I pay it?

Daniel P Leavitt
Daniel P Leavitt answered on Feb 23, 2021

No.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is the officer allowed to make an addendum to my summons before i take the stand?

The officer wrote II in the law section on the summons instead of the number 2. The two previous people before me had the same offense that i had (wreckless driving) but had their cases dismissed due to the this error. The judge then told the officer that he could make an addendum to my summons... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 6, 2021

Most judges I know wouldn't dismiss for writing roman numerals vs. the actual number. The judge allowed it and I don't see that you have any remedy beyond appeal which may or may not be a good idea.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Was pulled over in Virginia. As reckless driving. However, officer put wrong make of car.Color and license plate match

Was stated a laser caught me going 58 in a 25. However, he put I was driving a Chevy and I was driving a dodge. The color , year, and plate is accurate. Will this get thrown out, due to incorrect information?

Daniel P Leavitt
Daniel P Leavitt answered on Dec 23, 2020

No.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?

Daniel P Leavitt
Daniel P Leavitt answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Virginia on
Q: Found puppy at work no collar, in rough shape. $600 in vet bills, p.o. charged me w/ larceny and refuse reimbursement.

Ultimately want to regain custody of dog due to previous owners neglect, (also found that she has 4 previous unrelated missing dog posts on fb in the last few years) the puppy was not on their property, had no collar or chip, and was in need of medical attention. I had her 5 weeks and then saw... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 10, 2020

You will want to hire a lawyer for the felony charges. Usually those should play out first and then if you are successful in getting those dismissed you may or may not want to talk to a civil lawyer about potential remedies.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My question is, if my name is spelled wrong on the warrant, are there any legal grounds to have it thrown out?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 29, 2020

Usually no, especially if your license number is correct and the name is close. But if the license number on the ticket comes back to Tiffany Johnson and the name on the ticket is Michael Smith then you've got a potential defense.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My ticket doesn’t have a case number on it?

So I got pulled over for speeding in October and my court hearing date is set for November and I’m trying to pay it online but can’t find my case? The yellow piece of paper the police gave me doesn’t have a case number so I’m down to use only my name and hearing date and time and I’ve... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 21, 2020

I'm not sure why you would ever want to pay a ticket because you're pleading guilty and usually the insurance would cost more eventually than paying the ticket.

I would call a traffic lawyer in that area.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dmv certified letter requesting I do a driving school months after I paid off a ticket?

I'm a 19 year old male. I was pulled over for speeding back in May, but the officer let me off with a failure to obey a highway sign. I went online and paid it since it was a simple moving violation. However, I recieved a letter in the mail today saying I must complete an 8 hour class or my... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 19, 2020

DMV rules regarding your age and a moving violation. There are different rules for younger drivers.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing for reckless driving (100+) tomorrow with no lawyer. Should I expect to go to jail right there?

Already got the case continued twice due to not having money for a lawyer but still don’t have the money to afford a lawyer. I’ve spoken to lawyers and kind of know jail time is pretty much guaranteed. What should I expect with jail time and my license?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 13, 2020

Every court and every judge is different and at different speeds. 100+ is too general. I've seen people (not my client) get 30 days in jail at 95 mph and I've had clients get no jail at 121 mph. I recommend borrowing money to hire a good lawyer.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 11, 2020

Maybe rethink how you are reaching out to the lawyers. Every lawyer I know won't hesitate to help with a reckless driving charge. Maybe you're contacting lawyers who don't practice in the court your ticket is in. Make sure the attorney does traffic work and their office address is... Read more »

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