Questions Answered by Wilfred Yeargan

Q: Can you get a DUI removed from your record through community service?

3 Answers | Asked in DUI / DWI for Virginia on
Answered on Apr 12, 2018
Wilfred Yeargan's answer
No, if you have been convicted you are not eligible for expungement of the arrest. You also cannot remove the conviction with community service. A criminal conviction in Virginia is permanent. The only relief you may get is a pardon from the Governor if you file a petition.

Q: Hello I need help on a murder case, do I need a family lawyer or criminal lawyer?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Apr 8, 2018
Wilfred Yeargan's answer
Edward, you need a criminal lawyer experienced in the state where the offense allegedly occurred. Do not discuss the facts of the case online or with anyone who is not a lawyer. My advice is to seek a consultation in person with a criminal lawyer.

Q: If i got a continuance for a speeding ticket will i still have a chance to prepay it before the new court date

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 7, 2018
Wilfred Yeargan's answer
Yes, you can still prepay the ticket before the new court date if the case is continued from the initial court date.

Q: How do I get an arrest expunged in Richlands, Virginia, when I now live out of state? The arrest is 21 yeas old?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Mar 5, 2018
Wilfred Yeargan's answer
You will need to get a certified copy of the Warrant of Arrest and disposition. If it is no longer available, you will need to get a letter from the court certifying that the records were destroyed. You can then file a petition in the Circuit Court of that county for expungement. As part of the process, you will need to be fingerprinted locally and have the prints mailed to the State Police in Richmond. The petition will need to be served on the Commonwealth Attorney. You can request a...

Q: I had a speeding ticket on 2/2/18 when looking over the ticket the officer wrote for the court date as 3/20/17 dissmiss?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 3, 2018
Wilfred Yeargan's answer
No, the court will treat the mistake as harmless error. The clerk of court may contact you by mail to confirm the court date. You should also call them or check the court case information system to confirm your date to appear.

Q: Hi I hit a driver due to wrong way driver. What do I plea? I'm being charged with reckless driving.

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 27, 2018
Wilfred Yeargan's answer
Reckless Driving is a misdemeanor criminal charge and you may be facing jail time, high fines and loss of license. Contact an experienced traffic lawyer near you for a free consultation. They may be able to get the case dismissed or reduced to a traffic infraction. My office handles cases in Front Royal if you need advice. The number is 703-352-9044.

Q: A friend got a speeding ticket in 2005 in Madison county.

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 27, 2018
Wilfred Yeargan's answer
No, unfortunately in the General District Courts of Virginia you only have ten calendar days to post an appeal or up to 60 days to file a Motion for Reconsideration. The GDC courts generally destroy paper records after ten years. In my opinion, she has very little recourse after 13 years. She should contact the court to pay the fine and court costs and then reinstate her privilege to drive with the Virginia DMV (her right to drive here will more than likely be suspended for non-payment of...

Q: I was doing 43mph on a 25mph , it’s my first ticket and I was wondering how can I get no points and reduce the ticket

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 25, 2018
Wilfred Yeargan's answer
You may be able to get the charge reduced to a non moving violation with no points, or deferred for dismissal with completion of a driver improvement course. Contact my office for a free consultation and I will advise what needs to be done. The office number is 703-352-9044.

Q: Reckless driving charge/ 67 in a 45. Speedometer off by 5. Bought new car. Are chances hurt at trying to lower charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 14, 2018
Wilfred Yeargan's answer
The calibration can still be used as mitigating evidence of the speed to possibly get the case deferred for dismissal or reduced to a traffic infraction with minimal points and fine. Depends on the county where you are charged. Contact an experienced traffic lawyer to get a free consultation. You have a good chance of avoiding a misdemeanor conviction on the Reckless Driving.

Q: I got a ticket for reckless driving in Virginia on Nov. 11, 2017.

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jan 8, 2018
Wilfred Yeargan's answer
Sometimes the ticket is given to the clerk right before the court date. You should consult with a lawyer who can help you get the charge possibly dismissed or reduced to a traffic infraction. It is charged as a Class 1 misdemeanor and you may face jail time, high fines, and loss of license. Not to mention a permanent criminal conviction on your record. Call my office if you want a free consultation at 703-352-9044.

Q: I received a reckless driving charge, is the officer required to read me my Miranda rights?

3 Answers | Asked in Criminal Law for Virginia on
Answered on Dec 31, 2017
Wilfred Yeargan's answer
No, the officer is not required to read you Miranda rights in this case. Miranda obligations are triggered when the person stopped is in a custodial interrogation situation, i.e, in handcuffs and asked direct questions about suspected criminal conduct. Most of the time the officer never reads Miranda rights at a traffic stop.

The Reckless Driving charge is a serious misdemeanor offense in Virginia and you should consult with a good traffic defense lawyer about your case. My law...

Q: I received a ticket for reckless driving 46.2-862. Going 67 in a 40. What can I do?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 30, 2017
Wilfred Yeargan's answer
It is charged as a Class 1 misdemeanor in Virginia. I recommend hiring a lawyer to help you in court. The lawyer may be able to get the charge dismissed or reduced to a traffic infraction. You may consider getting a speedometer calibration of your vehicle and a copy of your driving record prior to the court date. Contact my office if you have any questions, 703-352-9044.

Q: Just got my first ticket ever at 21 years old. Got caught doing 53 in a 25. Is there a way to get the charge reduced?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 22, 2017
Wilfred Yeargan's answer
Yes, a good traffic lawyer may be able to get the case deferred for dismissal with completion of a driver improvement course. Or possibly reduced to a non-moving violation like Defective Equipment that carries no points. This would save you six demerit points on your driving record and insurance rate hikes. Contact my office at 703-352-9044 for assistance and a free consultation.

You need to be aware that at that speed, the offense may be charged as Reckless Driving and not just...

Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Answered on Dec 16, 2017
Wilfred Yeargan's answer
If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.

Q: My daughter got charged as a minor for driving without a permit but will be 18 by her court date.(please read details).

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Answered on Dec 15, 2017
Wilfred Yeargan's answer
Those are misdemeanor criminal charges. On a first offense in juvenile traffic court, I usually request that the judge defer the case for six months for dismissal with completion of a driver improvement course and good behavior. Contact an experienced juvenile traffic lawyer for advice. My office offer free consultations at 703-352-9044.

Q: First time catching a ticket at 18 doing "50/35" is there a way I can have it dismissed?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 12, 2017
Wilfred Yeargan's answer
You are charged with a Speeding offense that is a four point demerit conviction. There are ways to get the charge reduced or possibly dismissed. Contact my office at 703-352-9044 for a free consultation and information about the offense.

Q: Fail to Yeild ROW (Offense Description- Fail to yeild at uncontrolled intersection

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Answered on Dec 6, 2017
Wilfred Yeargan's answer
You may be able to get charges dismissed. Contact an experienced traffic lawyer for advice about the case. The lawyer can appear in court and argue that the facts are insufficient to sustain a conviction under the statute.

Q: Can a 17 year old get charged with a felony for fighting a boy?

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Answered on Dec 5, 2017
Wilfred Yeargan's answer
Yes, it is very possible if the boy was badly injured. The 17 year old could be charged with Malicious Wounding or some other violent felony as a juvenile on a Petition with the local Juvenile and Domestic Relations General District Court. Contact an experienced criminal defense attorney for advice and do not speak to the police or any other entity without counsel present.

Q: Hi sir/mam, i got a recless driving ticket 74mph/50mph ; law section 46.2-862. what should i do? ehat r the consequence?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 5, 2017
Wilfred Yeargan's answer
Reckless Driving is charged as a Class 1 misdemeanor. It goes on a permanent criminal record. You need to get it dismissed or reduced to a traffic infraction. Consider getting a speedometer calibration of your car. You will need a copy of your driving record. Contact my office and I will give you a free consultation about the case. (703-352-9044)

Q: Received a citation for reckless driving coming down a bridge (55 in a 30), it's my first offense. What should I do?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 4, 2017
Wilfred Yeargan's answer
Yes, hire a lawyer to go to court and get it dismissed or reduced to a traffic infraction. You have a great record, and it is unlikely you will lose your license or go to jail. But your objective should be to get the misdemeanor taken care of, so you do not have a permanent criminal conviction.

Consider getting a speedometer calibration before court. Take a driver improvement course. And call an experienced lawyer well before your court date. If you need free advice, you can call...

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