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Questions Answered by Mitchell Wells

2 Answers | Asked in DUI / DWI for Virginia on

Q: If you had a suspended license for a year due to a DUI and that year is up..

But the court fines have not yet been paid, wouldn't that be the reason for the current suspended license?

Mitchell Wells answered on Oct 14, 2013

Before you can begin driving again, you need to make sure you comply with ASAP, any ignition interlock conditions, pay the fines & court costs and of course comply with any DMV conditions.

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1 Answer | Asked in Traffic Tickets for Virginia on

Q: What's the crime if I joyride in a bulldozer

Construction site, trespass, hot-wire, equipment, joyride

Mitchell Wells answered on Apr 16, 2011

"Unauthorized Use" is Virginia is a Felony.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Do I have the right to designate that the fine for a speeding violation go to the Literary Fund and not to the locality

Mitchell Wells answered on Apr 16, 2011

No. If you were charged under the local code and then convicted, the locality not the state collects the fine.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I got trafic ticket "Drive w/o headlights". In court page the charge is "Drive w/o lights" Code Sec 46.2-1030.

I bought the car ACURA ZDX 2010 just 10 min before was stoped by police. And car has Daytime Running Lights. Do I have a chance in court or should just pay a fee?

Mitchell Wells answered on Apr 16, 2011

Ownership is irrelevant. Motor Vehicle code violations in 46.2-1000 et set are equipment violations and carry no demerit points

. Such a conviction should neither negatively affect your driving record nor your automobile insurance policy.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Are light under your car like neon lights illegal in the state of Virginia ?

Mitchell Wells answered on Apr 16, 2011

Sounds like "unapproved equipment" - Va Code 46.2-1002 prohibits the use of unapproved equipment.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: How do we post phone a traffic court session? Post phoned once, but need a 2nd postphonement.

Mitchell Wells answered on Apr 16, 2011

Motion to Continue. The "standard" for such a Motion is based on "good cause" - Retain counsel if you are uncomfortable with making such a motion.

1 Answer | Asked in Criminal Law for Virginia on

Q: Do I need a atty if I am on probation and have a drg charge pending?

Mitchell Wells answered on Apr 16, 2011

ARE YOU SERIOUS? Absolutely! The arrest alone for the new drug charge can be a probation violation. Additionally, you can go to jail on the drug charge with little to no defense.

1 Answer | Asked in Criminal Law for Virginia on

Q: I had a failure to appear for a court date i didnt know about a&b was the underlying charge im 7 mo pregnant Whatll happ

What could happen with this a failure to appear that i didnt know about honestly i changed addy and phone number, never knew anything bout the court date i am 7 months pregnant i spent a full 28 hours in jail and was bonded out, what is most likely to happen.

Mitchell Wells answered on Apr 16, 2011

Failure to Appear is a jailable offense but requires evidence of a WILLFUL FAILURE TO APPEAR. Retain an attorney immediately.

1 Answer | Asked in Criminal Law for Virginia on

Q: Is alludeing police a misdeanor

Mitchell Wells answered on Apr 16, 2011

Yes, but only if there is NO ENDANGERMENT. In some circumstances, the elude can be a FELONY.

§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

A. Any person who, having received a visible or audible signal from any law-enforcement officer...
Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: What is the likely penalty for shoplifting the first time. Merchandise value $55

Mitchell Wells answered on Apr 16, 2011

In some cases, the court has the authority to take your case under advisement and upon terms actually dismiss the allegation before the court. Hire a CRIMINAL DEFENSE ATTORNEY to assist you with this case.

1 Answer | Asked in Criminal Law for Virginia on

Q: Must you be incarcerated to be evaluated for diversion

Mitchell Wells answered on Apr 16, 2011

Any of the Department of Corrections [DOC] programs for alternative sentencing would require an evaluation by DOC. To be sure, you should contact DOC.

1 Answer | Asked in Criminal Law for Virginia on

Q: Charged class 1 misdeanor (assault/battery by ex-girlfriend, prevents me from getting employment can rec b sealed or exp

Mitchell Wells answered on Apr 16, 2011

Charged or Convicted? If the case is in the Juvenile & Domestic Relations Court then the record will be hard for employers to obtain. Convictions cannot be expunged. Retain an attorney before it is too late.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Warrant issued for failure to appear -does he need a lawyer?

Nephew received ticket in accident; requested an extension but instead received warrant for failure to appear on Fri. Does he need to appear in court for this? Does he need a lawyer? Can we take care of this w/o him being present?

Mitchell Wells answered on Apr 7, 2011

Yes. Failure to Appear is a jailable offense.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I have a driving on a susp d.L. 3rd plus offense n 10yrs.. do u knw what the guidlines are on jail time?

Mitchell Wells answered on Apr 7, 2011

If convicted, the statute requires a 10 day mandatory minimum term of incarceration UNLESS the driving at issue meets the emergency definition.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: When your license is suspended for 6 months, is the 6mths effective date of the conviction, or after the fines are paid?

Mitchell Wells answered on Apr 7, 2011

If you fail to pay the fine + court cost on time, then your privilege to drive will addionally be suspended for fail to pay fine/costs. Both suspensions will run consequtively or back to back or one suspension after another.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: My son has a warrant for failure to appear in court for a speeding ticket and suspended license. Will he go to jail?

Mitchell Wells answered on Apr 7, 2011

Failure to Appear and Driving on a Suspended License are jailable offenses. Was the Fail to Appear willful? Does your son have prior convictions for fail to appear. Does your son have prior offenses for driving on a suspended license? Various factors will determine whether a court orders your son... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: I was stopped for not stopping for a school bus. but I had already gotten past the sign when the driver put the stop up

Mitchell Wells answered on Apr 7, 2011

Only Probable Cause is required for a Virginia Uniform Summons to be issued. You may have a defense. You need an attorney, especially if you were charged with Reckless Driving-Passing a School Bus.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: How many points does a driver recieve on his License on commiting a 46.2-825?

How many points does a driver recieve on his License on commiting a 46.2-825? Is it a 2 point or 3 point violation? What can one do to reduce the points?

Mitchell Wells answered on Apr 7, 2011

It is either a 3 or 4 point violation in Virginia. Check the Virginia DMV to be certain. Virginia DMV has 3 point categories; 3 points, 4 points, and 6 points.

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