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Questions Answered by Daniel P Leavitt

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 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 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 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 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 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 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 answered on Apr 26, 2019

You never know until you try it.

1 Answer | Asked in Criminal Law for Virginia on

Q: how can I be arrested for a finalized case?

I was arrested and found guilty served 30 days jail and issued no probation in 2015.court papers even say this very thing. two days ago was pulled over and arrested for a probation violation on misd offence. how is this even happening?

Daniel P Leavitt answered on Apr 25, 2019

You need to hire a lawyer where this happened asap to look into this.

2 Answers | Asked in Gov & Administrative Law, Contracts and Criminal Law for Virginia on

Q: Under Virginia Code 18.2-115 is simply moving a vehicle out of the state enough to be considered fraudulent conversion?

Daniel P Leavitt answered on Apr 23, 2019

There are elements to the charge the Commonwealth would need to prove. Contact a lawyer in the area where your charge is and they may be able to locate a defense.

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1 Answer | Asked in Traffic Tickets for Virginia on

Q: I got a traffic summons for "failure to update address with dmv". I have updated dmv just not my license card.

Will this be thrown out since dmv was notified I just didn't get a new card. If I'm reading right notifying them is all i had to do, getting a new card wasn't required.

Daniel P Leavitt answered on Apr 23, 2019

If they charged you with 46.2-324 then I think you are correct. If you can show you notified DMV it should get dismissed.

1 Answer | Asked in Criminal Law for Virginia on

Q: The highest level of authority in criminal law is?

Daniel P Leavitt answered on Apr 22, 2019

Be more specific about what you are asking.

1 Answer | Asked in Criminal Law for Virginia on

Q: Why can the magistrate's verbiages as they put on criminal arrest warrants in Virginia be found on line like everything?

For an example: 18.2-57, one version is: assault and batter (insert name of victim). there are more than one verbiage language version under 18.2-57 that the magistrates use.

Daniel P Leavitt answered on Apr 22, 2019

not sure I understand your question... the online case information system doesn't post everything... the warrant is the official charging document

2 Answers | Asked in Traffic Tickets for Virginia on

Q: How can I get a speeding ticket from 3 years ago reduced or removed from my record in Virginia Beach?

I received a reckless speeding ticket 3 and a half bears ago that is preventing me from receiving a promotion at work because I cannot be insured. How can I have this ticket reduced or removed?

Daniel P Leavitt answered on Apr 16, 2019

It sounds like it is a criminal misdemeanor reckless driving charge and not a simple speeding ticket. Either way, I don't think there is anything you can do. You have ten days to appeal after a conviction and 60 days to file a motion to reopen. Some judges bend the 60 day rule but I don't know any... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on

Q: Been trying to get my license back. I have a ticket in PA from over 25-30 yrs ago.

What do I need to do to get this taken care of? The tickets so old that I can't even remember what it was for.?? Thank you

Daniel P Leavitt answered on Apr 14, 2019

Get a compliance summary from the Virginia DMV that will tell you what you need to do.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on

Q: Husband charged DV 2002 completed probation & told after completion charges dismissed under 1st offender but weren’t why

He also attended anger management and paid fees. He assumed it was automatically dismissed after completion only to find out years later it wasn’t. Is there anything he can do?

Daniel P Leavitt answered on Apr 10, 2019

If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.

2 Answers | Asked in DUI / DWI for Virginia on

Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?

Daniel P Leavitt answered on Apr 9, 2019

Sometimes you can strike the BAC language by agreement or if there is a legal defense which would get rid of the mandatory jail time. But you need either a plea agreement and/or a legal defense to get there.

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2 Answers | Asked in Criminal Law for Virginia on

Q: What is charge for 54.1-111(A)(1) Practicing in the profession of contracting without a valid license?What does it mean?

I have filed a complaint on DPOR and was to the charge is 54.1-111(A)(1) Practicing in the profession of contracting without a valid license.

Daniel P Leavitt answered on Apr 4, 2019

Lawyers and nurses need a license to practice law/nursing. It's a violation if you do that without a license. Those are two examples.

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2 Answers | Asked in Criminal Law for Virginia on

Q: i have a vehicle/boat/etc: climb into/on to commit crime. please help

i was arrested for speeding and didnt know i had a warrant until then. i had recieved a summon for weed and was told that if anything else happend i would be put in jail.

Daniel P Leavitt answered on Mar 26, 2019

Contact an attorney where you have your charges. They will be able to help you.

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3 Answers | Asked in Criminal Law and Probate for Virginia on

Q: Friend on unsupervised probation, received a reckless on 80mph. Jail time or no?

She's on unsupervised probation for a minor drug offense, but was supervised previously. She just got a reckless for going 80 on the state lines of VA and NC, the speed changed quickly. She has her lawyer, but hasn't talked to her yet. In your opinion, will she stay out of jail time? She has done... Read more »

Daniel P Leavitt answered on Mar 23, 2019

You cannot get reckless driving for driving 80 mph unless it was in a 60 mph zone. We practice regularly along the NC/VA border for interstate 95 and 85 and those are 70 mph zones.

Jail time depends on what court the case is in, and the speed cited if it is reckless by speed. However, you...
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1 Answer | Asked in Traffic Tickets for Virginia on

Q: Can an officer pull you over in Virginia ONLY because they recognize you and know that you do not have a license?

It has happened twice, by the same officer. I've got to go to work, have no other ride.

Daniel P Leavitt answered on Mar 19, 2019

You should ride a bike or find a residence closer to work. If they have reason to believe your license is suspended then that's probably going to be fine.

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