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Questions Answered by Daniel P Leavitt
1 Answer | Asked in Traffic Tickets for Virginia on
Q: How many points violation is my speeding ticket (46.2-870)? Should I go to court, and if I go, should I get a lawyer?

I got a speeding ticket (46.2-870) for going 23 above the speed limit on a highway (83 in a 60 mph zone) in Madison County, VA. This is my first offense. I've had my license for 7.5 years almost. The officer did not charge me with reckless driving, only a speeding infraction.

Daniel P Leavitt
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answered on Apr 6, 2023

Both reckless driving and speeding 20 mph or more written as a traffic infraction are the maximum 6 demerit points on your driving record. Your best path is to hire a lawyer or represent yourself as you see fit and try to get the case reduced/dismissed. Generally hiring a lawyer is better as a good... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: What are the penalties in VA for defrauding an innkeeper if it is a misdemeanor?

i was unable to pay 750 dollar tab. I was inebriated and spent a lot of money both on the debit and credit card. I also withdrew a lot from the ATM. Because of this Navy Federal placed an alert on my accounts. I was unable to pay. I attempted to pay with credit card, debit card, attempted to... View More

Daniel P Leavitt
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answered on Nov 4, 2022

A class 1 misdemeanor carries a range of punishment of 0-12 months in jail and a fine of $0-2500 if you're found guilty. It does not seem like you had the intent to defraud so an attorney should be able to get this dismissed for you I would think.

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Virginia on
Q: Can I get sued if I make a vlog and talk about being assaulted by a 7eleven manager?

I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... View More

Daniel P Leavitt
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answered on Oct 18, 2022

As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Could you explain what certain highways refer too under VA code 46-2-826. Received ticket failing to stop

Leaving shell gas station 3:30 am received failing to stop before entering highway

Daniel P Leavitt
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answered on Apr 6, 2023

Generally it is referring to any public road that you are entering on...

1 Answer | Asked in Traffic Tickets for Virginia on
Q: is the front plate primary offense or secondary?

I received a ticket today in falls church? I stated that its secondary offense only if I got primary violation for speeding then I should get pulled over.

Daniel P Leavitt
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answered on Apr 6, 2023

I believe you are incorrect. 46.2-711 is a primary offense in my opinion, however you may be able to get it dismissed in court with an attorney or by representing yourself upon showing proof of compliance, depending on the judge.

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Virginia on
Q: My town is forcing a redirect of my street through an emergency access road. If this damages my vehicle is city liable.

I drive a completely stock 2001 Saleen S281. i have about 3" of ground clearance so i stay far away from gravel roads. This emergency access road will be the only way in and out of my neighborhood is a gravel road that is very loose, inclined, not level, and uses very large gravel bits. if i... View More

Daniel P Leavitt
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answered on Apr 6, 2023

I see no liability for the city based on the information you provided but feel free to seek out other opinions on the matter.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I drove with permit

I caught by police with driving with permit now I got my license and my court is on 28 Oct 22

Daniel P Leavitt
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answered on Oct 27, 2022

This is a statement and not a question. If you have an attorney you should be better off. Try talking to an attorney who practices in the court your case is in if you have a question.

1 Answer | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: Was the sole person and vehicle in an accident. Officer issued a citation for "improper driving/control"

Instead of reckless driving. In court, the judge reviewed the charge and instructed the officer that LEO are not allowed to issue those types of tickets but that it's for a court to decide to downgrade a reckless charge to that. The judge informed me the commonwealth (state) could retry the... View More

Daniel P Leavitt
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answered on Oct 18, 2022

There probably very little chance they will bring the charge. They have up to one year. If you killed someone in the accident they likely would but in this situation there's probably very little chance they would do the extra work.

1 Answer | Asked in Criminal Law and Real Estate Law for Virginia on
Q: Illegal search and seizure?

My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... View More

Daniel P Leavitt
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answered on Sep 20, 2022

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.

1 Answer | Asked in Criminal Law for Virginia on
Q: If someone gave me stolen property and I got arrested then they died what will happen?
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answered on Sep 18, 2022

18.2-108. Receiving, etc., stolen goods.

A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding ticket for 52 in 35 citing VA code 46.2-875, but court site RD-GENERALLY-MISD 46.2-852. Is this correct?

This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).

Daniel P Leavitt
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answered on Sep 17, 2022

If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.

The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: A person has a 10 years sentence, 4 years - 6 months suspended, and 5 years probation. How time is actually served?
Daniel P Leavitt
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answered on Sep 15, 2022

I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for § 46.2-804. Are there points related to this charge?

I am in my mid-20s with a clean driving record. Is there any way to avoid having this on my record?

Also, the Virginia Judiciary Online Case System states that the charge is "fail to obey highway marking" but my summons says "improper lane change."

Daniel P Leavitt
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answered on Sep 9, 2022

It is a point violation in Virginia. You may be able hire an attorney who can get it dismissed with driving school.

1 Answer | Asked in Criminal Law for Virginia on
Q: Arrested on a non extraditable misdemeanor 23 years after contempt charge. What should I do?

Failed to appear in Pennsylvania. Have AIDS AND was sick I couldn't travel. Was told I'd be ok except if stopped in Pennsylvania. I called police for assistance out of fear my place was being broken into and the Falls Church city police arrested me even though the national criminal data... View More

Daniel P Leavitt
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answered on Aug 28, 2022

You will want to request a court appointed attorney when you are in front of the judge. They should appoint an attorney to represent you if you qualify financially.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son received a speeding ticket yesterday. He was doing 59 in a 45. The officer put on the ticket that he was 15 to 19

Over on the ticket. He was also in a work truck and he put down a personal vehicle

Daniel P Leavitt
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answered on Jun 22, 2022

I don't see where you have asked a question.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I received a speeding ticket in VA, the officer wrote female instead of a male, can my ticket be withdrawn?
Daniel P Leavitt
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answered on May 19, 2022

I don't know what you mean by withdrawn. You can go to court and plead not guilty but I don't know any judge that would accept that mistake as a legal defense if the identifying information on the ticket is otherwise correct. You may be able to get it reduced or dismissed by hiring a... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: First time offender. Virginia. Malicious intent/wounding. Class 3 felony. Will there likely be jail time?

Attacker used an axe, was on illegal substances, and drew blood.

Daniel P Leavitt
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answered on Apr 26, 2022

One would think jail time is likely.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hey I just received a ticket for disregarding speed limit. The cop said he let me of easy. I didnt see the sign.

The cop said he let me of easy(with disregarding speed limit instead of speeding I was going 57 on a 40). I didnt see a speed sign. Should I fight it? I don’t wanna get a worst offense. Also I was wearing headphones he let me off with that

Daniel P Leavitt
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answered on Apr 15, 2022

I would hire an attorney to get it reduced if you have a very good driving record you can do better.

2 Answers | Asked in Criminal Law for Virginia on
Q: I have arraignment coming up and I will be out of state can I write letter to judge with not guilty plea in my absence?

I'm going to need a court appointment attorney but could any lawyer write it on my behalf? I had train tickets purchased before this message.

Daniel P Leavitt
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answered on Apr 4, 2022

In Virginia you generally would have to get the permission of the court to waive your appearance at the arraignment. You would request a court appointed attorney at the arraignment. So you may be able to reschedule the arraignment by contacting the clerk's office, but if you just send a letter... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: In VA, can I contest a speeding ticket with wrong vehicle information and win?

The ticket I received has a completely different vehicle listed and I've never owned a vehicle with the listed info. Info on the ticket: 2004 Chevy 2D and wrong license plate. My vehicle is a 2021 Dodge 2D and only first digit of the plate matches the ticket. The other digits don't match... View More

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answered on Mar 5, 2022

Yes you can contest it of course with a not guilty plea. Your success depends on whether they can identify you and prove you drove the speed cited. They can amend the summons to fix that error. I doubt you will be successful but you might if the officer is confused and if you handle it right.

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