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Questions Answered by Wilfred Yeargan
1 Answer | Asked in Traffic Tickets for Virginia on
Q: how likely am I too loose my license if I get a 18mph speeding ticket after having a reckless driving ticket a year ago?
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answered on Sep 13, 2017

Not very likely at all. Speeding 18 over the limit is a four point demerit conviction. The Reckless Driving conviction last year was six points. It is not enough points to earn an administrative suspension from the DMV. However, you may be able to limit the points assessed on the pending case... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Preschool teacher. Case of assault to husband was nolle pros a year ago. Have I been convicted of a crime in VA?

I just wanted to know while I am filling out paperwork (Sworn Statement or Affirmation for Child Day Programs) if my answer for being convicted should be yes or no. Also, is it possible for me, a year later, to get my record expunged? Does that mean my record of arrest will be out of public files... View More

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answered on Sep 3, 2017

No you have not been convicted. Yes, you are eligible for expungement and it will remove all public records of the charge. Please give me a call and I can help you get it expunged. Thanks, my number is 703-352-9044.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was pulled over they said I was doing 90 in a 55 but I can prove that my car will only go 70.

I had a friend set my top speed because of my last ticket

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answered on Sep 3, 2017

That is an interesting case and presents questions of evidence needed in court. Because it is charged as misdemeanor reckless driving and you can lose your license, you may need to hire a mechanic to serve as an expert witness in court. You can also try to get a speedometer calibration that is a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: would it be best thing to do to get attorney from virginia where we got the tickets from or from north carolina??
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answered on Aug 30, 2017

You need a licensed attorney in Virginia. Give me a call at 703-352-9044 and I will advise you what to do. Thanks.

1 Answer | Asked in Criminal Law for Virginia on
Q: Does a 13 yo need a lawyer for assult and battery charges of a classmate? First time offense
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answered on Aug 28, 2017

Yes, it is a serious charge and you need experienced representation. There are certain defenses to the charge that may be applicable to your case. Ask your parents to contact me at 703-352-9044 for a free consultation in my office.

3 Answers | Asked in DUI / DWI for Virginia on
Q: I was arrested for dui in va w/ a .09. I was pulled over for failure to switch lanes when passing an emergency vehicle.

This is my first offense the officer commented to the magistrate how I was cooperative and respectful. What are the chances a lawyer can help...what difference will having a lawyer make?

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answered on Aug 23, 2017

There are many technical defenses to the charge of DUI and an attorney may be able to get the charge dismissed or reduced to a lesser offense. The officer has to have reasonable articulable suspicion to make a stop. The officer has to have probable cause to make an arrest. There are so many ways... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: Is it illegal for someone to take your picture if you do not want them to & inform them you do not consent?
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answered on Aug 19, 2017

No, in Virginia it is legal to take someone's picture in public. However, if the person tries to secretly film under someone's skirt or clothing it is a crime. If the person trespasses on your property to take the picture it is a crime. The person can also possibly be charged with... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: I got a class 4 drunk in public but wasnt drunk but had had a few drinks so I did have alcohol on my breathe

I was left by a friend who had both my wallet and phone. My son was with a trusted sitter home safely so when I was left I started getting extremely upset and trying to find a way bacl to him. The police were called and I was taken to the jail. I couldnt get out my thoughts fast or clear enough I... View More

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answered on Aug 12, 2017

Be Careful about prepaying the Summons. It is a Class 4 misdemeanor and will leave a permanent criminal conviction on your record. You may be able to negotiate a dismissal of the charge with a capable attorney. Or your attorney may be able to reach an agreement with the prosecutor (Commonwealth... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I did 84/55 Fairfax what's the chance of me doing jail time ? I am 31 and haven't have a a record since 2006
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answered on Aug 9, 2017

Very low chance of jail time. However, if it is charged as Reckless Driving you will be found guilty of a misdemeanor and may lose your license for up to six months. At that speed, you may be eligible to get it reduced to a traffic infraction in Fairfax. Give me a call at 703-352-9044. I am very... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Virginia on
Q: If I get a reckless driving ticket while driving on a restricted, for DUI, will they suspend my license?
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answered on Aug 2, 2017

The answer is there is a strong possibility of a license suspension with the new charge. But the main issue is that you are on probation for the DUI, and there is suspended jail time hanging over your head for that offense if you get convicted on the Reckless Driving charge. You may be served... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What will happen if I get written 2 citations for driving suspended and driving with a revoked license?

4 weeks ago I got stopped a police checkpoint and written a citation for driving with a suspended license, in which my court case is next week (the police officer had told me that it was my first offense regarding traffic citations and to explain to the judge why I did not have my license). Today I... View More

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answered on Jul 31, 2017

Yes, you should get a lawyer for both pending cases. They are charged as Class 1 misdemeanors and may result in jail time of up to one year and/or a fine of up to $2,500. Also, your license may be additionally suspended by the court hearing the cases. If you can pay your fines and get the... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: i'm 17 if i assault a parent/step parent can they charge me
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answered on Jul 28, 2017

Yes, you will be charged with Assault and Battery of a Family or Household Member. This is a Class 1 misdemeanor in Virginia and can carry the potential for jail time and fines. There is a deferral procedure available for first time offenders, allowing the Defendant the opportunity to get the... View More

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