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Questions Answered by Daniel P Leavitt
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 arrested... 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.

1 Answer | Asked in Criminal Law for Virginia on
Q: What happens after pressing charges through the magistrate's office?

My fiance pressed charges against my brother for assault and battery and I was there as a witness. I just wanted to know what happens now. I was in a state of shock that I don't fully remember what the administrative assistant said to me. Who determines to issue subpoenas and warrants? When does... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 14, 2020

No need to worry about subpoena it's beyond your control. The warrant would have been issued by the magistrate, or not, if there was no probable cause.

2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 11, 2020

It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: In the Commonwealth of Virginia, if a school bus is in motion and is approaching with the red lights flashing, and the

stop-arm has only been extended at approximately 15 degrees, on a divided highway with no barrier, is it a violation of sec 46.2-844

to pass in the opposite direction

Daniel P Leavitt
Daniel P Leavitt answered on Dec 30, 2019

The bus has to be stopped read the statue. They must be alleging the bus was actually stopped.

3 Answers | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If the attorney don't show up on a court date for a reckless driving in VA, who will be at fault ?

I may or may not be able to appear on the court date and have retained an attorney. But want to know the consequences of the attorney does not show up on the court date for any reason.

Daniel P Leavitt
Daniel P Leavitt answered on Dec 17, 2019

Your lawyer should advise you if you need to appear in court or not. Since courts require your presence even with a lawyer. Get it in writing from your lawyer on whether you need to appear or not.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it possible to get my speeding ticket dismissed due to missing information?

I recieved a speeding ticket today for doing 76 in a 60. Officer left case number blank and made me sign the white copy after he already ripped the carbon copy off and gave it to me; so neither copy had a case number and my copy doesnt have a signature. Is this cause for dismissal?

Other... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 27, 2019

If you hire a lawyer they might be able to help get it reduced or dismissed.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Could i get out of a ticket if the officer put the wrong color car on the ticket?

Because I got pulled over for doing a 61/45 and i wasn’t doing 61 I was using the Waze app to track my speed and in the app it said I wasn’t doing it and he claim I was flying pass this car right beside me. So i asked him are you sure i was speeding? So he said yes so i said do you have any... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 19, 2019

Give it a try and see you never know.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What are my chances?

Maryland driver here. Got pulled over in Marion VA for reckless driving going 102 in 70 for about 5 seconds trying to get around a cluster of slow drivers (they were going about 55-60). Clean record otherwise though theres some speeding tickets from cams on my vehicle. Wondering about the chances... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 17, 2019

Every court is different at that speed. Talk to a traffic lawyer in the location you got the ticket. Where I practice some judges give you the chance to do 100 hours of community service to stay out of jail and avoid a license suspension. Other judges you are going to jail for 1-30 days no matter... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dwi in virginia yesterday. Is there any way to ask for them to not suspend my license or add points to my licen?

I got pulled over going 45 in a thirty. I had several beers and thought I did well on sobriety test. I consented to a breathalyzer because I thought I wasn't over. I blew .14 or something. I got arrested and ge tried to get me to submit another breathalyzer back at police station but I refused a... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Nov 10, 2019

You should hire a skilled DUI lawyer. If that means borrowing money it may be worth it if they can find a legal defense. Without the BAC the Commonwealth will need to prove intoxication based on driving behavior and what happened during the stop.

But the refusal alone carries a license...
Read more »

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a DUI and a reckless driving. On 2 seperate occasions. He said I was going 105 in a 55 on the reckless. An.

And I blew a 0.10 on the breathalyzer. I'm wondering how screwed I am. Ps: I'm in the military. I bought an attourney for both occasions and I'm hoping for the best.

Daniel P Leavitt
Daniel P Leavitt answered on Oct 21, 2019

You'll probably go to jail for a bit and get a suspended license.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding case is missing from the published court list for the day; what should I do?

I am a tourist visiting the US and got an 80/70 ticket in the hire car. The officer misread my papers and issued the summons entering my middle name as my surname, my real surname not appearing at all.

The court list for the hearing day has been published on the VA Courts website, and my... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 12, 2019

The courts add names to the docket everyday. If you ignore it you do so to your peril.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it possible to be able to resolve a speeding ticket from Virginia because I study and live in florida?

My speeding ticket is in Virginia, the police man says I was above 101 mph and give me a court date saying that i must attend. However, I live in Florida and I am an international student and cannot skip classes. Thus, what is the ways of solving my problems with attending the court if it's because... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Sep 17, 2019

101 mph is not a speeding ticket, it is a criminal misdemeanor. And yes, most courts both require your presence in court and give some jail time for driving at such a high rate of speed. In some courts you may be able to work off the jail time. If you do not show up, most courts and judges I know... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: How long after getting a DUI can u be charged with driving on revoke DUI. Isnt there a statue of limitations on a DUI.

Does your fine have to be payed off for the statue of limitations to be in effect

Daniel P Leavitt
Daniel P Leavitt answered on Jun 11, 2019

In Virginia you can get charged with driving on a suspended license after a DUI anytime before you get your license reinstated. Once your license is reinstated then you're not driving on a suspended license. If you don't get it reinstated then you always risk driving on a suspended license. There... Read more »

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1 Answer | Asked in Criminal Law for Virginia on
Q: I have been charged with Abduction : Deprivation of liberty ,

because my girlfriend got angry after reading a text from another girl and attempted throwing things around in room and breaking stuff in room.I held her hand to stop her and explain her and calm her down. She slapped me and i slapped her in self defense and then she punched me and i had injury... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jun 2, 2019

You definitely want to consult with a good criminal defense lawyer in the court your case is in. They will be able to review your case and locate any potential defenses.

1 Answer | Asked in Traffic Tickets and Criminal Law for Virginia on
Q: Can I get my license suspended if I received one speeding ticket this year, one in 2018 and two in 2017 ?
Daniel P Leavitt
Daniel P Leavitt answered on Jun 1, 2019

It depends on your age and prior driving record. If you're licensed in Virginia and 20 or older it doesn't sound like it would get suspended. The court can suspend if it's reckless driving by speed though.

1 Answer | Asked in Criminal Law for Virginia on
Q: My husband and i was charged with welfare fraud and perjury

i was the one not at the address permanently so i plead guilty. At the time we were not married and i was ordered to stay with my kids elsewhere. I had done the applications for emergency assistance in the past. He had only applied this one time. We are now married and are trying to get help on... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on May 23, 2019

He should consult with a lawyer in the location he's charged.

1 Answer | Asked in Foreclosure and Traffic Tickets for Virginia on
Q: If my vehicle is registered in another state do I adhere to muffler laws?

I have no mufflers or catalytic converters on my truck, but my vehicle is registered in Colorado.

Daniel P Leavitt
Daniel P Leavitt answered on May 3, 2019

You are required to adhere to the requirements in the state the vehicle is in, even if you are driving through. So people from Florida get tickets all the time for window tint that is legal in Florida but not legal in Virginia even though they are just passing through.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: ticket was wrote for impeding the flow of traffic. But nobody was behind me til the cop got behind me. Need help.
Daniel P Leavitt
Daniel P Leavitt answered on Apr 28, 2019

Call a traffic lawyer where you got your ticket.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Defficve equipment trafic stop. None listed or found investigation still continue with more ticket? Legal stop?

Then the officer claimed I was left of center which I wasn't he was well ovet 500 yd away when I pulled of the road. He admitted to a second officer he was wrong with his first claim. On the tickets it dosnt list any equipment to be fix just the charge. He listed the wrong Highway and... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Apr 26, 2019

You never know until you try it.

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