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Questions Answered by Michael Jeremiah Seck
1 Answer | Asked in Traffic Tickets for Virginia on
Q: received a citation for driving alone in a HOV lane in Virginia 2nd offense, how can avoid points an raise of insurance

My GPS had me taking an exit on the left and I thought I was crossing over the HOV lane to get off of the highway, this is my 2nd offense so I avoid HOV lanes, but once I got off on the exit(which apparently was also an HOV lane) there was a police officer at the end of the exit which was about 500... Read more »

Michael Jeremiah Seck
Michael Jeremiah Seck answered on May 1, 2019

HOV infractions can have many defenses and punishments. Seek legal advice.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Can a dismissed felony be reopened and brought back to trial? (Less than a year has paced since incident)

Felony assault charges dismissed because victim panicked out of fear on the stand and claimed "not to remember what happened". Victim now is open to testifying against her attacker.

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jul 16, 2017

The true question is whether jeopardy has attached to the original charge. You should contact an experienced criminal law attorney and discuss these issues to determine the correct answer.

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2 Answers | Asked in Personal Injury for Virginia on
Q: I was rear-ended but was driving below the speed limit at the time. Will that limit my chances at recovering costs from

the other driver?

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jun 16, 2017

Virginia still applies a contributory negligence standard to personal injury cases. These types of defenses by the insurance companies are very fact and case specific. You should contact an experienced personal injury attorney to discuss your claim. Feel free to contact my office if I can be of... Read more »

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1 Answer | Asked in Child Custody for Virginia on
Q: Hello! I have joint custody of my son with his father which lives in MD, Read below... What should I do next???

My 11yr old son was beaten by his father that claims it was a spanking! My son called me and told me of everything that took place, I also have pictures of my son injuries. Charles Cty State Attorney charge him with four abuse and assult charges, I have letters and video of my son crying and having... Read more »

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jun 15, 2017

The corporal punishment issues will arise in Virginia and Maryland. However, you can always file for a modification of custody in Virginia provided certain elements are met. You should contact an experienced family law attorney to help you though these complex matters. Please feel free to... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What is the fine for driving without a license in Virginia
Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jun 13, 2017

The fine and punishment is dependent upon what code section you were charged under. If you have a valid drivers license but did not have it on your person that is much different then if you were charged with Driving on a Suspended License. You should contact an experienced criminal law attorney... Read more »

1 Answer | Asked in Child Support and Child Custody for Virginia on
Q: When the other parent is granted temp custody, do they still have to pay support until the final hearing?
Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jun 13, 2017

The Court can make a temporary award of child support in addition to the temporary custody ruling. Absent there being a court order requiring the payment of temporary child support there is no obligation to pay support. You would only have to pay support if the court has ordered a support amount.... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: My sister is getting ready to have a baby in a month and she wants to sign full custody over to me how easy is that

Both parents are willing to do it

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Jun 12, 2017

With both parents agreeable to you having custody of the child you have several options. Adoption, an agreed custody order or guardianship are just a couple of the options available to you. Each of these options have advantages and disadvantages.

Contact an experienced Virginia Family...
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1 Answer | Asked in Criminal Law for Virginia on
Q: Code of Virginia § 4.1-308 - Drinking in Public in Prince william county , what is the cost charge?
Michael Jeremiah Seck
Michael Jeremiah Seck answered on May 31, 2017

The code section you have been charged with is a class 4 misdemeanor. If convicted, you could receive a maximum fine of $250.00 and have a misdemeanor conviction on your record. I typically charge flat rates for misdemeanor criminal matters and this type of charge is at the bottom range of my... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: I have physical custody of my children, the father has visitation rights. A incident accurred where the father had the

Police called and he passed my son drugs to hold. Can the father lose visitation? I don't want my children interfering with him if he is having drugs around them.

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Apr 30, 2017

Child Custody, Visitation and Support are always modifiable by the Court so long as you show that there has been a material change in circumstances from the last Order entered and that the Modification is in the Child's best interests. If these alleged facts are true you would have a very strong... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dear Sir/Madam I have been ticketed for making an illegal U-turn, with law section of 46.2.830, Am I loosing points?

I am ticketed for making an illegal U-turn with law section of 46.2.830, as i am working for Dominoes Pizza as a delivery driver, and it was midnight 01:13 am, i made an illegal U-turn because it was very late on me and i was in hurry. I made a u-turn and the officer pulled me over. but there is a... Read more »

Michael Jeremiah Seck
Michael Jeremiah Seck answered on Apr 30, 2017

Improper U-turn is a 3 demerit point violation that the DMV assesses against your driver's license point balance. The fact that the Officer/Deputy/Trooper wrote the wrong code section on the ticket may be useful if no one notices the incorrect code section and the Officer/Deputy/Trooper,... Read more »

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