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Questions Answered by Wilfred Yeargan
3 Answers | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI removed from your record through community service?
Wilfred Yeargan
Wilfred Yeargan answered on Apr 12, 2018

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.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Hello I need help on a murder case, do I need a family lawyer or criminal lawyer?
Wilfred Yeargan
Wilfred Yeargan answered on Apr 8, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If i got a continuance for a speeding ticket will i still have a chance to prepay it before the new court date

If i got a continuance for a speeding ticket will i still have a chance to prepay it before the new court date, if i decide to plead guilty for speeding in Virginia. Rappahannock county

Wilfred Yeargan
Wilfred Yeargan answered on Mar 7, 2018

Yes, you can still prepay the ticket before the new court date if the case is continued from the initial court date.

1 Answer | Asked in Criminal Law for Virginia on
Q: How do I get an arrest expunged in Richlands, Virginia, when I now live out of state? The arrest is 21 yeas old?

The charged was nolle processed in 1997, but is on my (NICS) report.

Wilfred Yeargan
Wilfred Yeargan answered on Mar 5, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
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?
Wilfred Yeargan
Wilfred Yeargan answered on Mar 3, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hi I hit a driver due to wrong way driver. What do I plea? I'm being charged with reckless driving.
Wilfred Yeargan
Wilfred Yeargan answered on Feb 27, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: A friend got a speeding ticket in 2005 in Madison county.

A friend got a speeding ticket in 2005 in Madison county. A website that reports convictions says "83/55" and "guilty in absentia." Is this a matter that needs representation? Can she just call up Virginia a pay a fine, or can the matter still be pleaded down to an infraction (something less than... Read more »

Wilfred Yeargan
Wilfred Yeargan answered on Feb 27, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
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

Fee

Wilfred Yeargan
Wilfred Yeargan answered on Feb 25, 2018

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.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Reckless driving charge/ 67 in a 45. Speedometer off by 5. Bought new car. Are chances hurt at trying to lower charge.

I know my charge severity could be lowered by having my speedometer fixed, but I purchased a new car before the court date. I still have paperwork from having my speedometer calibrated, but it was never fixed before I purchased my new car.

Wilfred Yeargan
Wilfred Yeargan answered on Feb 14, 2018

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for reckless driving in Virginia on Nov. 11, 2017.

The date on my summons to appear in court is January 25th 2017. The officer apparently messed up on the date. When I check online my case is not in the court system. The date to appear in court is before the ticket was issued. How can I appear in court before I committed the infraction? What should... Read more »

Wilfred Yeargan
Wilfred Yeargan answered on Jan 8, 2018

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... Read more »

3 Answers | Asked in Criminal Law for Virginia on
Q: I received a reckless driving charge, is the officer required to read me my Miranda rights?
Wilfred Yeargan
Wilfred Yeargan answered on Dec 31, 2017

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... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket for reckless driving 46.2-862. Going 67 in a 40. What can I do?

Should I hire a lawyer? My court date is in February. The officer said that if I attend a defensive driving course that I could have the charge reduced or dismissed. How likely is it to be dismissed completely?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 30, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
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?
Wilfred Yeargan
Wilfred Yeargan answered on Dec 22, 2017

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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Criminal Law and Domestic Violence for Virginia on
Q: someone falsely accused me harassment and filed a protective order against me, the case was dismissed, can she appeal?

This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do

Wilfred Yeargan
Wilfred Yeargan answered on Dec 16, 2017

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.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: My daughter got charged as a minor for driving without a permit but will be 18 by her court date.(please read details).

My daughter got charged as a minor for driving without a license and past curfew. However she had her permit and is getting her license before her court date. What will happen to her license and how will she be charged ? What else do I need to know ?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 15, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: First time catching a ticket at 18 doing "50/35" is there a way I can have it dismissed?

also does first offense rack up points?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 12, 2017

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.

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Fail to Yeild ROW (Offense Description- Fail to yeild at uncontrolled intersection

I was turning off lee hwy left onto island rd. Light turned green half way thru a car speeding toward the light cut over to get around a suv and ran thru the light hitting the back passenger side of my car. They kept going on I stopped my passenger ck see damage. Small bump n saw they had not... Read more »

Wilfred Yeargan
Wilfred Yeargan answered on Dec 6, 2017

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.

1 Answer | Asked in Criminal Law and Federal Crimes for Virginia on
Q: Can a 17 year old get charged with a felony for fighting a boy?
Wilfred Yeargan
Wilfred Yeargan answered on Dec 5, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
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?

i want to know is there any possibilities that they can pardon me? its my first time and i was going to work at night almost 11pm and the road was empty, there was no car on the road, maybe couple of cars on the other side of the road. Just letting u know the situation. Another thing i am kind of... Read more »

Wilfred Yeargan
Wilfred Yeargan answered on Dec 5, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a citation for reckless driving coming down a bridge (55 in a 30), it's my first offense. What should I do?

The officer was sitting after the speeding limit sign changed from 30 to 45. I can't afford to go to jail or lose my license. I have a clean driving record. Should I get a lawyer for court?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 4, 2017

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.... Read more »

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