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Questions Answered by Daniel P Leavitt
2 Answers | Asked in Traffic Tickets for Virginia on
Q: I am top of my class in high school and just had gotten my first offense traffic ticket. I need help with options.

I recently turned 18 and am about to graduate from high school with my associate's degree and a traditional high school diploma. I have received a speeding ticket for 59 mph in a 45-mph zone. The ticket says that it was due to a stationary radar. After doing some research on these radars, I... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on May 29, 2021

Hire a lawyer to go to court for you they will know what to do. You look like you're getting bad information on the internet. Call someone who regularly practices in the court where your case is.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a paper ticket back in January, but when I log into the counties website to pay the ticket I dont see it. Am i off

The ticket was issued in Norfolk, VA and when I log into the website to pay the ticket I do not see the ticket. Am I off scotch free or what? If I am not off scotch free then why is it not in the system and how do I pay it?

Daniel P Leavitt
Daniel P Leavitt answered on Feb 23, 2021

No.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is the officer allowed to make an addendum to my summons before i take the stand?

The officer wrote II in the law section on the summons instead of the number 2. The two previous people before me had the same offense that i had (wreckless driving) but had their cases dismissed due to the this error. The judge then told the officer that he could make an addendum to my summons... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 6, 2021

Most judges I know wouldn't dismiss for writing roman numerals vs. the actual number. The judge allowed it and I don't see that you have any remedy beyond appeal which may or may not be a good idea.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Was pulled over in Virginia. As reckless driving. However, officer put wrong make of car.Color and license plate match

Was stated a laser caught me going 58 in a 25. However, he put I was driving a Chevy and I was driving a dodge. The color , year, and plate is accurate. Will this get thrown out, due to incorrect information?

Daniel P Leavitt
Daniel P Leavitt answered on Dec 23, 2020

No.

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?

Daniel P Leavitt
Daniel P Leavitt answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Small Claims for Virginia on
Q: Found puppy at work no collar, in rough shape. $600 in vet bills, p.o. charged me w/ larceny and refuse reimbursement.

Ultimately want to regain custody of dog due to previous owners neglect, (also found that she has 4 previous unrelated missing dog posts on fb in the last few years) the puppy was not on their property, had no collar or chip, and was in need of medical attention. I had her 5 weeks and then saw... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 10, 2020

You will want to hire a lawyer for the felony charges. Usually those should play out first and then if you are successful in getting those dismissed you may or may not want to talk to a civil lawyer about potential remedies.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My question is, if my name is spelled wrong on the warrant, are there any legal grounds to have it thrown out?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 29, 2020

Usually no, especially if your license number is correct and the name is close. But if the license number on the ticket comes back to Tiffany Johnson and the name on the ticket is Michael Smith then you've got a potential defense.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My ticket doesn’t have a case number on it?

So I got pulled over for speeding in October and my court hearing date is set for November and I’m trying to pay it online but can’t find my case? The yellow piece of paper the police gave me doesn’t have a case number so I’m down to use only my name and hearing date and time and I’ve... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 21, 2020

I'm not sure why you would ever want to pay a ticket because you're pleading guilty and usually the insurance would cost more eventually than paying the ticket.

I would call a traffic lawyer in that area.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dmv certified letter requesting I do a driving school months after I paid off a ticket?

I'm a 19 year old male. I was pulled over for speeding back in May, but the officer let me off with a failure to obey a highway sign. I went online and paid it since it was a simple moving violation. However, I recieved a letter in the mail today saying I must complete an 8 hour class or my... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 19, 2020

DMV rules regarding your age and a moving violation. There are different rules for younger drivers.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing for reckless driving (100+) tomorrow with no lawyer. Should I expect to go to jail right there?

Already got the case continued twice due to not having money for a lawyer but still don’t have the money to afford a lawyer. I’ve spoken to lawyers and kind of know jail time is pretty much guaranteed. What should I expect with jail time and my license?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 13, 2020

Every court and every judge is different and at different speeds. 100+ is too general. I've seen people (not my client) get 30 days in jail at 95 mph and I've had clients get no jail at 121 mph. I recommend borrowing money to hire a good lawyer.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 11, 2020

Maybe rethink how you are reaching out to the lawyers. Every lawyer I know won't hesitate to help with a reckless driving charge. Maybe you're contacting lawyers who don't practice in the court your ticket is in. Make sure the attorney does traffic work and their office address is... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hello, I got a reckless driving ticket 76/45 construction zone, law section 82-1-6-46.2-862(i).

I was driving back from my work, and I needed to get home as soon as possible to take medicine because I felt, I have contacted with sick people at my work. Since I got Ticket, it is not big excuse but I am wondering if I can minimize fines or charge.

Daniel P Leavitt
Daniel P Leavitt answered on May 15, 2020

Usually a lawyer can help. 31 mph over the speed limit is a pretty high speed reckless driving but depending on the jurisdiction a lawyer can probably help you. Call the traffic lawyer who practices regularly in the court where you got the ticket.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a FTA warrant from 2009 for speeding and I was deployed on the court date. I need to quash the warent, ple no con

citation-j1403tr201101331 Need help quashing the warrent and pay the fine to get my license back in Virgina

Daniel P Leavitt
Daniel P Leavitt answered on May 9, 2020

You will likely need to hire a lawyer who can advise you on the particular court it's in. Generally courts in Virginia don't issue FTA charges unless it's a really high speed. In my experience the military won't let you deploy if you tell them about a charge like that. Either... Read more »

1 Answer | Asked in Criminal Law, Antitrust and Small Claims for Virginia on
Q: What happens if you're a arrested and the wrong name is on the warrant?

If a police officers charges you with a crime but didn't spell the name on the summons or warrant correctly what happens?

Daniel P Leavitt
Daniel P Leavitt answered on May 7, 2020

They will fix it for you if you tell them it's not spelled right.

2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt answered on May 7, 2020

You can't.

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1 Answer | Asked in Criminal Law for Virginia on
Q: I was wondering what’s the best option if a detective wants to talk to me but I can’t afford a lawyer at the moment

Do I remain silent ?

Daniel P Leavitt
Daniel P Leavitt answered on May 7, 2020

See if someone can help you retain a lawyer.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them.... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Feb 7, 2020

You just need to own up to it and if there is something outstanding get it taken care of. Hire a lawyer to go with you if possible and let them deal with getting you the best outcome possible. Good luck.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: pulled over, cop chase's passenger who ran. how long am I supposed to sit there and wait for cop not being under arrest?

I got pulled over in va my passenger ran, cop chased passenger, i sit there a few minutes and left because I wasn't under arrest. Is this illegal? How long am I suppose to stay there on a busy highway evening hour traffic? What does the law say in Virginia? They issued warrants for me and... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 23, 2020

You can't leave. However don't make any statements to the police as they may have identification issues etc if the passenger ran and they aren't able to identify you.

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