Category: Case Results

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

Reckless Driving of 91MPH in a 65MPH Zone – Case Dismissed

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Just this week an attorney from Weiland Upton was able to get an Emporia Reckless Driving by Speed charge of 91 mph in a 65 mph zone dropped. Our attorney was able to negotiate the result based on numerous factors. As a result, the client will avoid a conviction altogether on a misdemeanor charge that carried the prospect of a high fine and license suspension.

Have a  Driving Offense and have to go to Court? Call us at 804.355.8037

DUI Arrest but a Very Good Result for the Client

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

DUI Arrest, but a Very Good Result for the Client

Today, one of our attorneys represented a client in a local court who was charged with a first offense Driving Under the Influence charge (DUI/DWI) with a blood alcohol concentration (BAC) of .23. He was arrested after colliding with a parked car, and walking away from the scene of the accident. After extensive discussions and negotiations with the Assistant Commonwealth’s Attorney responsible for prosecuting the case against our client, our attorneys were able to achieve a very good result for the client.

If convicted as charged, the client was facing a mandatory minimum jail sentence of ten days, with the real potential for more jail time since the case involved an accident and a very high BAC. In addition, the client would have had to have an ignition interlock system installed on his vehicle for a twelve month period of time along with the other requirements of attending the Virginia Alcohol Safety Action Program (ASAP), a fine and a suspension of his driver’s license for twelve months.

Thanks to our attorneys’ hard work, our client was able to completely avoid an active jail sentence by having the enhanced DUI with a very elevated BAC reduced to a standard first offense DUI with no elevated BAC at all. Moreover, even though the client did receive the mandatory twelve month license suspension and VASAP, the attorneys were able to reduce the ignition interlock requirement from twelve months to six months, and get the client a restricted driver’s license that allowed him to drive to work and other important places.

Weiland Upton is a leading firm of VA DUI Attorneys

Call (804) 355-8037 for a free consultation

 

Creative Solution for a Marijuana Arrest that Meets the Client’s Needs

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Creative Solution for a Marijuana Arrest that Meets the Client’s Needs

Today our attorneys represented a client in a local court charged with Possession of Marijuana. After being pulled over for swerving in and out of his lane, the police immediately smelled a strong odor of marijuana coming from inside his vehicle. Upon being questioned by the police about the presence of marijuana in the vehicle the client immediately admitted that there was marijuana in the vehicle that he had recently purchased. The marijuana was given to the police and the client was charged with simple possession of marijuana.

If convicted of the possession of marijuana charge, the client generally would have had two options. First, he could have chosen to be convicted of the charge and face a fine, an all suspended jail sentence and a six months suspension of his driver’s license. Second, he could have taken advantage of Virginia’s first offender statute. Under that provision of Virginia law, a person who is charged with possessing marijuana, or most other drugs, can ask the judge to consider taking the case under advisement for six months rather than convicting them. During that six month period, the defendant must complete at least 24 hours of community service, enter into and complete a substance abuse program that includes random drug screens, and have their driver’s license suspended for six months. If they complete the program successfully then the judge dismisses the case. If, however, the program is not completed successfully then the person is convicted of the possession of marijuana and is often sentenced to an active jail sentence.

In this case, as is often the case for clients charged with possession of marijuana, our client did not want to have his license suspended for six months. As a result, the two options above were not attractive options to him. After a lot of hard work, our attorney was able to reach an agreement with the prosecutor that resulted in the charge being amended to possession of paraphernalia rather than possession of marijuana, and he was sentenced to an all suspended jail sentence (he did not have to serve any jail time) and to pay a small fine. He did not receive any suspension of his driver’s license at all. Thankfully, we were able to find a creative solution that met all of the client’s needs.

 

Weiland Upton is a leading firm of VA DUI Attorneys

Call (804) 355-8037 for a free consultation

Virginia DUI Lawyer Has Charges Reduced for Client

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Virginia Drunk Driving Charges Reduced

A lawyer at the Law Firm of Weiland Upton recently defended two clients in a Virginia courtroom charged with driving under the influence. The attorney attained successful results in both DUI cases.

One client was charged with a second offense DUI and refusal to take a breathalyzer test. If convicted of both charges, our client would have suffered severe consequences.

The combination of both the refusal charge and the second offense DUI would have resulted in the following:

  •  A mandatory-minimum sentence of twenty (20) days in jail
  •  License suspension for four (4) years
  •  Inability to obtain a restricted license for the two years of his suspension
  • Ignition interlock on all vehicles he owned

In his discussions with the Commonwealth Attorney, the attorney at Weiland Upton was successful in convincing the prosecutor that there may have been a legal issue with the initial stop of the client by the police officer. The prosecutor agreed to dismiss the refusal charge and reduce the charge of driving under the influence from a second offense to a first offense DUI. As such, the defendant did not receive any active jail time, was immediately given a restricted license and did not have to install ignition interlock in his vehicle.

The other client was charged with a first offense DUI. Due to mitigating circumstances, the attorney was able to negotiate a reduction from driving while under the influence of alcohol to reckless driving. Our client avoided a mandatory one year suspension of his license and did not have to enroll in the in the Virginia Alcohol Action Safety Program required in a DUI conviction.

Weiland Upton has years of experience providing quality legal representation in Virginia traffic cases. Our office specializes in traffic law, and we are prepared to attain the best possible result in your Virginia DUI case.

Weiland Upton is a leading firm of VA DUI Attorneys

Call (804) 355-8037 for a free consultation

Hanover County Reckless Driving Results

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Attorney Has Reckless Driving Cases Reduced in Hanover, Virginia

The Old Hanover County Courthouse

A lawyer from Weiland Upton recently handled three reckless driving cases in Hanover County, Virginia. The Hanover General District Court is one of the more difficult courts in Virginia in which to obtain a favorable outcome in a traffic case. Our firm prides itself on providing the best defense possible, even under such circumstances.

Two of our clients were charged with reckless driving by speed, going 88 miles per hour and 86 miles per hour, respectively, in a 70 mile-per-hour zone. Reckless driving by speed is considered a Class 1 misdemeanor in Virginia and can result in lofty fines, high insurance premiums and six demerit points on your driving record. Even at these speeds, there’s a possibility that the Hanover General District Court will suspend your license. Our clients had good driving records. In both cases, our attorney had the charges reduced to improper driving, which is a simple traffic infraction. They received a fine, but avoided the crippling insurance premiums, excessive demerit points and suspended driving privileges that come with a reckless driving conviction.

We also represented another motorist charged with reckless driving by speed in Hanover County, for going 85 miles per our in a 70-mile-per-hour zone. The driver faced similar consequences, albeit while going a slightly lesser speed. Due to mitigating circumstances, the Court gave our client driving school for dismissal. So long as our client completes a court-approved, eight-hour driver safety class, the Court will dismiss the charge.

It is vital you consult with an experienced and knowledgeable attorney before going to court for a reckless driving ticket in Hanover, Virginia.

Weiland Upton is a leading firm of Virginia Reckless Driving Lawyers

Call (804) 355-8037 for a free consultation

Virginia DUI Reduced to Reckless Driving

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Virginia Lawyer Has DUI Reduced to Reckless Driving

Virginia DUI reckless driving
Upon conducting field sobriety tests, police arrested our client on suspicion of DUI

One of the Virginia DUI lawyers at Weiland Upton recently had a DUI charge reduced to reckless driving. The reduced charge resulted from the police officer’s reason for the stop.

Police stopped our client for failure to dim his headlights. Upon being stopped, the police officer smelled the odor of alcohol and noticed that our client had red, glassy eyes. The officer asked our client if he had been drinking. Our client responded that he had been earlier in the day. The officer asked our client to step out of the vehicle and proceeded to conduct field sobriety tests, to which our client performed poorly.

After refusing to take a breathalyzer test in the field, our client was arrested and taken to the police station. There, police conducted a breathalyzer test. Results show that our client’s blood alcohol content was at .14, well above the legal limit.

After hiring the Law Firm of Weiland Upton, our Virginia DUI attorney went to work pulling apart the case and was able to challenge the charge based in the reason for the stop. Section 46.2-1034 of the Code of Virginia states that “[w]henever a vehicle approaches an oncoming vehicle…the driver of such vehicle shall use the low beam of his vehicle’s headlights so aimed that glaring rays are not projected into the eyes of the oncoming driver.”

The police stopped our client for high beams, but our client was not operating the vehicle’s high beams at the time of the stop. Police mistook the fog lights for high beams and therefore stopped our client unlawfully.

As a result of the unlawful stop, the lawyer at Weiland Upton successfully argued for a reduction of the charge from a DUI to a Virginia reckless driving charge. As such, our client saved thousands of dollars in future insurance costs, avoided the employment stigma of a DUI conviction, and saved himself from the many ramifications that come with a DUI conviction in Virginia.

Weiland Upton is a leading firm of Virginia DUI Lawyers

Call (804) 355-8037 for a free consultation

Lawyer Has Virginia DUI Case Dismissed

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Virginia DUI Dismissed in Court

VA DUI
A lawyer from Weiland Upton recently won a DUI case in a Virginia courtroom

The Law Firm of Weiland Upton successfully defended a client against a DUI, 1st offense charge in a Virginia courtroom. The Court dismissed the charge that the client was driving under the influence.

The client, whose identity will remain confidential, was stopped by police for weaving within his or her lane and for crossing both the white and yellow road markings. Upon pulling over, police conducted field sobriety tests on the client. The client performed poorly and police arrested him/her on suspicion of driving under the influence. Officers transported the suspect to an area hospital for a blood test.

Analysis of the blood sample showed that two illegal substances were present in the client’s blood stream at the time of the police stop.

In court, the attorney advised the defendant to plead not guilty and the case went to trial. The lawyer was able to successfully argue that a chemical analysis of the accused’s blood was not sufficient in proving that the substances detected in the blood sample impaired his or her ability to drive. The attorney also suggested the possibility that an underlying medical condition may have caused the defendant to drive erratically.

As a result of the arguments posed in trial by the attorney from Weiland Upton, the Court found the defendant not guilty of DUI in Virginia.

Weiland Upton is a leading firm of Virginia DUI Lawyers

Call us at (804) 355-8037 for a free consultation