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Questions Answered by Daniel P Leavitt
2 Answers | Asked in Traffic Tickets for Virginia on
Q: Reckless driving ticket: 67 in a 45 mph zone with $166 fine, no court date mandatory. What does it mean?

I received a reckless driving ticket for driving 67 mph in a 45 mph zone, and the ticket lists a $166 fine without mandating a court appearance. I have no previous violations, and there is no further information on how to dispute or handle it without appearing in court. What does this mean and what... View More

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answered on Jul 24, 2025

If you pay it, you're pleading guilty and that's a criminal misdemeanor and so it gives you a criminal record. And your license can potentially get suspended and it can impact you in a lot of ways in the future that you don't think about now. But insurance wise they don't like... View More

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2 Answers | Asked in DUI / DWI and Employment Law for Virginia on
Q: Consequences of failing interlock test on wife's restricted car in VA.

I live in Virginia, and my wife has a DUI and a restricted license requiring an interlock device in her car. The car is registered in my name. I attempted to move the car to mow the lawn and failed the interlock test. I don't have a DUI myself. What consequences might I face, and is there... View More

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answered on Jun 28, 2025

If you are not subject to a court order/probation then you won't face consequences but your wife might if they think it was her. They often have pictures so hopefully it does. Not sure if she signed anything saying only she can drive. But she's the only one who can get in trouble.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Consequences of first violation 46.2-859 in VA

I received my first traffic violation ticket under code 46.2-859 for mistakenly passing a school bus while students were onboarding. The incident happened a day before, and I was caught on the spot by the officer who issued the ticket. I am required to appear in court next month. What potential... View More

Daniel P Leavitt
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answered on May 4, 2025

The maximum penalty that you face is up to one year in jail, a license suspension up to 6 months and up to a $2,500 fine.

Every judge is different with these charges. However, it is more serious if kids were in the process of onboarding. This is something you generally want to prepare for... View More

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4 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

Daniel P Leavitt
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answered on Mar 7, 2025

If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to plea to a 2018 traffic citation to regain my license?

I am trying to regain my driver's license and have contacted the main DMV in West Virginia, where I was informed about three citations against me. I visited the relevant county to resolve them, but one citation from 2018 is marked as not yet pled by me. This citation is a traffic offense... View More

Daniel P Leavitt
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answered on Feb 27, 2025

If you get a compliance summary it will tell you everything you need to do in order to get a license. The WV issue is a question of WV law. If it it holding you up in VA, then you need to get advice from a WV lawyer or handle that there so it is no longer holding you up. But the compliance summary... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Charged with ownership of illegal pipe as passenger in Virginia

I was a passenger in a vehicle registered in the driver's name, and an illegal pipe was found inside. No one claimed ownership of the pipe at the scene, but both the driver and I were charged with possession. How is ownership determined in such cases, and what can each of us do to contest... View More

Daniel P Leavitt
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answered on Feb 25, 2025

Possession is the issue, not ownership. Two people can be in possession of something. Actual possession is when something is found on you whereas constructive possession is not on your person but generally nearby. They have to prove possession based on the facts... proximity, etc although proximity... View More

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia on
Q: How to resolve jail release delay after false abuse accusation and charges?

My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More

Daniel P Leavitt
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answered on Feb 15, 2025

If he has a bond then they have to let you bond him out. It stinks that it's on the weekend and it's a holiday weekend. So the courts are closed.

I've had the jail blame the court before and say they don't have the proper paperwork from the court. If that's truly... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Arrested with spouse after undetermined aggressor, signed EPO, seeking case dismissal in Virginia.

I was arrested along with my spouse because the police couldn't determine an aggressor during an incident. We both signed an Emergency Protective Order (EPO). We have a court date after the EPO expires, and my spouse and I plan to settle our differences before then. There are no anticipated... View More

Daniel P Leavitt
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answered on Feb 13, 2025

Generally domestic assault and battery cases are determined by what evidence there is and how the prosecutor decides to proceed. Any statements you and/or your husband made are admissible against yourselves. I had had cases where the other spouse doesn't want to proceed but the prosecutor... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I need to knw if a police officer can charge me with something but leave my other stuff behind

I got charged with a meth pipe that was it he took me to jail over a possession witch I didn’t have no drugs he didn’t test it or anything but I had pills that wasn’t mine and insulin needles with stuff loaded in it and they had my boyfriend in handcuffs while I was at a friend and I walked... View More

Daniel P Leavitt
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answered on Feb 9, 2025

You can be charged for any offense that is a violation of law where the officer has probable cause to believe you committed. The officer has to have jurisdiction where the alleged offense occurred.

If somebody else committed a different violation for which they didn't get charged, it... View More

2 Answers | Asked in Criminal Law for Virginia on
Q: I have a Fta from Nov 7 warrant wasn’t issued till the 20th will I get bond

Original charge is shoplift misdemeanor there were sunglasses I never took them but the store pressed charges so I got a summons I missed my court date due to an concussion I surfed due to a car wreck the day I got my summons never been in trouble in this county I have paperwork to back up... View More

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answered on Jan 3, 2025

You should retain an attorney so they can represent you on these. Courts often do issue no bond warrants when people fail to appear in court. So you will want someone to represent you and to be able to schedule a bond hearing. If not you would need to request a court appointed attorney after you... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I accidentally missed my court date due to a concussion from a car wreck will I get bond original charge misdemeanor

Shoplift sunglasses like 15 bucks I didn't take them but clean record expect traffics and juvenile record in a different county never missed court before

Daniel P Leavitt
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answered on Jan 3, 2025

If you can try to line up a lawyer and a bonds person. Usually they give a bond on misdemeanors but when you miss court sometimes they issue a no bond capias so you may have to have a bond hearing and that can take 2-5 days, or longer if you don't have a lawyer. But it all starts with turning... View More

1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: Will my Sterling background check include a pubic intoxication that was nolle prosequi dismissed?
Daniel P Leavitt
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answered on Oct 22, 2024

Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: I was detained at Walmart and given a court date for 10/28 (arraignment). Is there additional charges against me?

I mis scanned a few items during self checkout ($40 worth) I was stop by a guy and told to go in the security room. He checked my receipt and saw I had mis scanned a few items and asked why? I told him I was in a rush and it wasn’t intentional. He asked if I had my id which I didn’t because I... View More

Daniel P Leavitt
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answered on Oct 20, 2024

Yes they are trying to build a case against you. That's why they were asking you questions. You can expect that they will review any prior visits to that store. I've seen clients go from one charge to 11 charges. So if you have a history of doing this then I think more charges might come... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: We were pulled over because the bed of the truck was primer gray , different then title . Didn't ticket . But asked to

Search truck was told no . Then brought I. A dog , no tickets for the reason they stopped us. Is that legal

Daniel P Leavitt
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answered on Oct 12, 2024

If you are lawfully pulled over they can extend a lawful stop for a time to run dogs around the car.

I'm not certain based on what you told me that the stop was indeed lawful. It doesn't take much, but I think it might take more than that. I'm not sure how they would try to... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a speeding ticket 44MPH in a 25MPH zone. Clean record & going to court. What should I expect? Plea- not guilty.
Daniel P Leavitt
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answered on Oct 11, 2024

Generally what the courts do depends on your speed and driving history. Most judges look at the last 5 years. Many judges will offer driving school to reduce or dismiss if you were polite and have a very good driving record and haven't done driving school in the last 5 years.

Unless... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I need help on deciding if too get a lawyer or not
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answered on Oct 22, 2024

Generally it's best to have a lawyer if you're charged with a misdemeanor or felony. And sometimes even traffic violations can result in job loss, license suspensions or greatly increased insurance. It's usually best to have an attorney if you can afford it but if you're not... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I just wanted too know what I will be facing going too court on Tuesday for reckless driving second offense have -11

I just wanted too know what I will be facing if I was too go too court without a lawyer I just got off driving probation and my points is -11 and my speed was 79/35 and I went too get my car calibrated it was off by one and I took a class so my points went down too -11 it was -16 at first

Daniel P Leavitt
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answered on Oct 3, 2024

They're probably not going to reduce it for you. And you might get some jail time. You haven't approached at the correct way. There's a better way to approach that. But honestly, a case like that requires good legal representation because you've got a pretty bad driving record... View More

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1 Answer | Asked in Criminal Law for Virginia on
Q: I feel that my fiance public defender doesn't want to fight zealously put forth any effort. What can we do

My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,

petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block... View More

Daniel P Leavitt
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answered on Sep 13, 2024

Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to I remove traffic ticket

Pulled over in VA ,passing through,first ticket. Asked for extension I was told no,asked the clerk what to do. She said pay it. I did. Was charge with no show. This was almost 7 years ago. Of course its showing up in my background checks

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answered on Sep 13, 2024

It sounds like you may have a warrant for failing to appear if they charged you with "no show." Maybe you mean they tried you in your absence? If there is a warrant for failing to appear you will need to take care of that. If they found you guilty in your absence there is currently no... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can an officer ask for my ID the passenger for not wearing my seat belt but not the reason for being stopped

Driver had no front license plate on vehicle but had license plate inside car

Daniel P Leavitt
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answered on Sep 13, 2024

There's a way to politely say that you prefer not to provide ID. And ask (on video or other recording) if you are required by law to provide ID and what the penalties are if you do not comply. If they tell you it's required and you will be arrested if you don't comply or face other... View More

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