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Questions Answered by Faraji A. Rosenthall
1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not reckless

I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not as a reckless driving. But still if you get ticket with over 20MPH it is going to be 6 points. I checked my driving record and it shows +3point. I don't understand how it shows +3 if I... Read more »

Faraji A. Rosenthall
Faraji A. Rosenthall answered on Apr 4, 2021

The ticket will not impact your record until after court.

When you initially get a license you have a 0 point balance. You get positive points for every year you have a license. Your +3 could be because you haven't had a license long enough to get 5 positive points.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI in 2014. I completed my ASAP classes, and my license was reinstated. How long will it stay on my record?

I was able to get my license reinstated as early as possible as I completed everything the courts required well before I was able to get my license reinstated. I thought it only stayed on my driving record for 7 years but everything I see now says it's 11 years. This case was in Chesapeake, VA... Read more »

Faraji A. Rosenthall
Faraji A. Rosenthall answered on Mar 7, 2021

A DWI in Virginia stays on your driving record for 11 years. Unfortunately as the law is currently it stays on your criminal record forever. There are efforts in the legislature to reform the current system but as it is now it cannot be removed from a criminal record.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I had received reckless by speeding ticket. 98/70 This happened in VA. Is there a way I can push my court date up?

I want to request a later date due so I can afford representation

Faraji A. Rosenthall
Faraji A. Rosenthall answered on Jan 17, 2021

Yes, court dates can be adjusted to allow time for you to save up to afford a lawyer. Depending on the county, jail time or suspended jail time may be a possibility. If that's the case then the court would have to appoint a lawyer to handle your case for little or no cost to you. Regardless,... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: What does nolle prosequi mean?
Faraji A. Rosenthall
Faraji A. Rosenthall answered on Sep 8, 2020

Nolle prosequi is a motion by the prosecutor indicating that the government is not going forward with a charge. It has the same impact as a dismissal. It is typically a dismissal without prejudice, so at least theoretically, the government may be able to reinstate the charges at a later date.

1 Answer | Asked in Criminal Law and Lemon Law for Virginia on
Q: Hello, If charged with petit larceny 3rd- offense class 6 felony. Is it mandatory that I go to jail?

I have not been i trouble since 2015

Faraji A. Rosenthall
Faraji A. Rosenthall answered on Aug 22, 2020

No, petit larceny as a third offense is a class 6 Felony. There is no mandatory jail time. However, that doesn't mean that a punishment involving jail time isn't possible, or even likely, it simple means it isn't required. If you are found guilty a judge can give 0 days in jail up to... Read more »

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