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Questions Answered by Wilfred Yeargan
1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket and I need to pay it but things aren't adding up.

1. Got a speeding ticket on 9/25/2017. 2. Court date was set for 10/10/2017, but there's a box that was checked by the officer that says I don't have to attend court, that I can just pay it online or over the phone. 3. They only filed my ticket online to where I could see it on 10/4/2017.... View More

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answered on Oct 9, 2017

You should be able to contact the court in the morning and ask for a continuance. Call my office and I can appear for you or contact the court for a continuance, 703-352-9044.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I recieved a speeding ticket in virginia going "87" in a 70 speeding zone which is considered to be reckless driving.

I have a clean reccord. This is my first offense. I didnt plead guilty/not guilty within the 30 days but i would like to plead not guilty . I am 1 day over the 30 days. Will they allow it or will my license be suspended?

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answered on Oct 8, 2017

I don't understand the question. You have the right to contest the ticket and appear in court to enter a not guilty plea. Reckless Driving is charged as a Class 1 misdemeanor and is punishable by up to 12 months in jail and/or a fine of up to $2,500.00. You may lose your license for up to... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Is there a Grace period for expired tags

Got a ticket for expired tags today october 7th tags ran out the 30th

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answered on Oct 7, 2017

No, there is no grace period. However, you can go to court and the judge may dismiss the case for compliance if you have proof the vehicle was inspected. Take the receipt and inspection certificate to court with you.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Driving without a liscense, 2nd offense. How much time am i looking at?
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answered on Oct 4, 2017

It is charged as a Class 1 misdemeanor and the maximum sentence is up to 12 months in jail and/or a fine of up to $2,500.00. Your privilege to drive may be additionally suspended for the same period as the original suspension, or if there is no definite period of original suspension, then for... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Charged twice for assault and battery in VA but not convicted. What does a third charge mean for me?

I was not convicted of the prior two charges. My ex husband had a charge against him as well, so we agreed on nolle prosequi. I recently slipped up and was charged a third time, unfortunately within the same year as the prior two. What does a third charge mean for me if there were no prior... View More

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answered on Oct 2, 2017

It is treated as a first offense class 1 misdemeanor in Virginia. You should expunge the arrests on the first two charges by filing two separate petitions in Circuit Court. Contact my office and we can discuss your current criminal charge and the two prior dismissals. I can help with all of them... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Question about "no turn on red when pedestrians present" in Virginia?

Does this law only apple when the pedestrian is on your half of the street on a four-way intersection, or does it apply if they are waiting to cross towards your side as well?

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answered on Sep 28, 2017

It applies when a pedestrian is present at any part of the street near the intersection. That includes waiting to cross towards your side.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Can my case get thrown out if the police officer didn't read me my Miranda rights?
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answered on Sep 27, 2017

If the police officer failed to read you Miranda rights AND you were in custody and subject to interrogation (questioning) under circumstances where it is clear you were not free to leave, then any statements obtained as a result of the conversation may be suppressed as evidence. The prosecution... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: 2nd time mistakenly calling cops on boyfriend, he didn't hit me. His 3rd DV offense. What can I do to get it dismissed?

I was under the influence and assumed he hit me after falling to the floor and blacking out.

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answered on Sep 27, 2017

You need to speak to a lawyer because you are in a difficult position. The prosecutor may subpoena you and compel you to testify against your boyfriend to prove the charges. If you disavow the charges in court, you may be charged with filing a false police report. If you testify on behalf of your... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I lost my traffic ticket and I don't remember the court or the exact date. Where can i find my traffic information?
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answered on Sep 27, 2017

If you know the county where the court was located you can check the Virginia Court Case Information database. Your ticket will be in the General District Court if you are an adult. If you are a juvenile, the case will be in the county Juvenile and Domestic Relations Court. That court does not... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: car was repossessed & the owner has refused for 3 months to let me retrieve my personal property inside the car

When I ask about getting my things he either tells me a day I can come and never shows up or makes a joke about me not paying him.

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answered on Sep 26, 2017

You can take two approaches to this situation. First, you can make a complaint to the police department where the owner is located and seek a warrant for larceny of the personal property. This may help get the property returned or the court may order monetary restitution for the lost Property.... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: My husband has two a&b charges, disorderly conduct, and resisting arrest without force. It would be his first offense.

He was held without bond because of the magistrates office and had a bond hearing 3 days later. It happened with two children in the house and they didn't see much of it because it happened outside and they were kept inside. What kind of time can he get sentenced to and can he be charged with... View More

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answered on Sep 26, 2017

His sentence will depend in large part on the facts involved and his prior criminal record. It is unlikely that the police will stack additional charges at this point after his initial arrest. These are Class 1 misdemeanors and may be resolved with an agreement with the Commonwealth Attorney for... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What if you don't have enough money to pay HOV ticket the day of court?
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answered on Sep 26, 2017

The General Assembly of Virginia gives you up to 30 days to pay your fines and court costs. If you can't pay in time, you can ask the clerk of court for a payment arrangement for up to 90 days to pay for an additional $10.00. Give the clerk a telephone call and go by there to sign the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: How much time is someone looking at if they have grand larceny and conspiracy to Grand Larceny both class F
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answered on Sep 25, 2017

The answer to your question depends on a number of factors, including the defendant's criminal history, facts and evidence supporting the charge, and what the person is ultimately convicted of in court. Sometimes charges are dismissed when there is insufficient evidence. Sometimes the felony... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I don't pay my fines in time will my license be revoked? My deadline to pay them was in march.
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answered on Sep 21, 2017

30 days after conviction, your license will be suspended by the DMV and you will need to pay all the fines and court costs with the court and then reinstate your license with the DMV. You may be able to contact the court directly and arrange a payment plan. Give the clerk a call and ask what... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: My boyfriend's mom went and got assault and battery charges(Misdemeanor) and a protective order for 15days

on my boyfriend they go to court in a couple of days because she wants to try to get a protective order for 2 years but he didnt assault her but she says she wants him to plea temporary insanity...How much time will he get? And what should he plea?

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answered on Sep 21, 2017

If your boyfriend did not physically touch or threaten your mother, a protective order should not be granted. Likewise, if he never touched her offensively or made her reasonably apprehend unlawful contact then the criminal charge of assault and battery should be dismissed. Your boyfriend needs a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: In the state of va is there good time credit?

My husband went to all his court dates equalling 125 days in jail all misdameanor charges. Will he have serve all days.

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answered on Sep 20, 2017

In a county jail, for misdemeanor convictions you generally serve half the active jail sentence imposed. However, if the sentence involved mandatory minimum jail time, he would be required to serve all of the jail time imposed under the statute. I would need to know what he was convicted of, the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was in another state just approaching the 25 sign I got pulled over for doing a 37 in a 25. I received a yellow ticket

What is my fine this is my first time being pulled over

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answered on Sep 20, 2017

This summons is a four point traffic conviction. It costs $6 for every mile over the limit, plus court costs. I recommend that you contact an attorney to possibly get it reduced to a non points offense. Please contact my office at 703-352-9044 for a free initial consultation.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: i got a school zone speeding ticket for doing 40. Do i have to show to college with an attorney.

I took an exit and the college i was attending was on the right. as soon as i got off the exit their was a speed trap. If i hire an attorney do i have to show up to court? and is hiring an attorney worth it? This is in Virginia.

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answered on Sep 14, 2017

An attorney can appear in court on your behalf. The attorney may be able to get it reduced to a non-moving violation with no points or an offense that does not go on your driving record. It can save you points on your record and increased insurance rates. Give my office a call at 703-352-9044... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Do you need to bring your car to Virginia to get it calibrated or the district court just wants to see certified papers?
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answered on Sep 14, 2017

The calibration statement should be notarized under oath. The statute, 46.2-942 of the Virginia Code, states that a speedometer calibration must be "sworn." There is no requirement that it be done in the state. It can be considered for guilt or innocence and also for punishment, so it... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: What will be punishment from reckless driving, 104/70 mph Brunswick county Virginia? Can it be reduce?

No points, clean record for 2 years 4 months. Only have New York license, first time driving down south. Trip to a family reunion and visit sister in the airforce. I was recorded by a state trooper and accidentally agreed that I was aware I was driving the speed he claim I was going. It was 2:19 in... View More

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answered on Sep 14, 2017

Reckless Driving is charged as a Class 1 misdemeanor and the maximum penalty is up to one year in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months. You will not get the maximum punishment, but at that speed you may receive two... View More

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