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Questions Answered by Daniel P Leavitt
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... View More

Daniel P Leavitt
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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... View More

Daniel P Leavitt
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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... View More

Daniel P Leavitt
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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... View 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... View More

Daniel P Leavitt
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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...
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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
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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... View More

Daniel P Leavitt
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answered on Oct 12, 2019

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

2 Answers | Asked in Traffic Tickets for Florida 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... View More

Daniel P Leavitt
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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... View More

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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
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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... View 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... View More

Daniel P Leavitt
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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
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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... View More

Daniel P Leavitt
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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
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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
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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... View More

Daniel P Leavitt
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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
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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
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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
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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
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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
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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
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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... View More

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