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Questions Answered by Daniel P Leavitt
2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing a stopped school bus?

I passed a school bus that was pulled to the side of the road at an entrance road. It had hazards and the yellow warning lights but no red lights and no arm deployed. Another school bus in between us passed in the same manner as I did. After that bus passed I waited a second or two and the stopped... View More

Daniel P Leavitt
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answered on Oct 22, 2024

If it had a camera you might get a ticket in the mail. You can contest it if you do and get a court hearing on the matter.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: May 2024 I was given a Ticket for speeding (Milton, GA - Fulton County). I have a Alabama Drivers License. Clean Drivi

June 2024 I was given a Ticket for speeding (Milton, GA - Fulton County).

I have a Alabama Drivers License. Clean Driving Record.

July 2024, went to court, told the court twice I'm having financial problems and cant pay this fine. They gave the opportunity to complete Non... View More

Daniel P Leavitt
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answered on Oct 5, 2024

I think you posted this in the wrong state. If you got the ticket in Georgia you needed Georgia attorney.

In Virginia this would not go well at all. The judge would view it as making excuses. But if your ticket is in Georgia then you need to talk to somebody there.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I live in Va I got arrested in 2016 in nc I was never charged or went to court it’s now 2024 what can they do to me now?

I’m trying to get my va license and the have put a stop on me from getting my license

Daniel P Leavitt
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answered on Oct 4, 2024

It sounds like you have something outstanding in North Carolina. You're going to want to find what's holding you up from getting a license in Virginia. It sounds like you have a charge but you're going to have to do investigating in North Carolina.

2 Answers | Asked in Criminal Law for Virginia on
Q: How do you get rid of a court appointed attorney and hire your own if you're feeling you're being misrepresented
Daniel P Leavitt
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answered on Sep 28, 2024

You just contact the attorney you want. You pay them the money to hire them. Then they will substitute into the case.

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I've overpaid my rent for 6 months . They want to credit my account but I want a check.

This has happened to me before in this same apartment complex. Help.

Daniel P Leavitt
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answered on Sep 13, 2024

It is unclear how you overpaid rent. You should be able to get a check. I would submit a request for a check in writing making it clear you do not authorize them holding your money as a future credit. You may want to talk to an attorney if they refuse. I don't think they can do that unless... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: Do they run your name when getting an id in va

I have a suspended and expired license from ga. I need an id. Will they run my name

Daniel P Leavitt
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answered on Sep 13, 2024

Yes. I've never seen anyone get a valid license when it's suspended in another state. You have to clear it up in GA first.

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: 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 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 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 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 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 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?
Daniel P Leavitt
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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.

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