Samantha Upton of Weiland Upton represented a client with a poor driving record charged with driving over 30 m.p.h. over the speed limit. Even though the officer was able to prove the case in court, Samantha was able to convince the Judge to reduce the Reckless Driving Class 1 Misdemeanor (30+ m.p.h. over the speed limit) to a lower speed speeding ticket with only a $150 fine.
Samantha Upton of Weiland Upton recently negotiated a great result for a client in Chesterfield County. This was a classic case of “road rage” where the client abruptly stopped his car in the roadway, causing an accident, and after a short confrontation with the other driver, left the scene without exchanging any information as required by law. A police officer was able to locate the defendant and charged him with three misdemeanors (Hit and Run – Class 1 Misdemeanor; Reckless Driving – Class 1 Misdemeanor; Aggressive Driving – Class 2 Misdemeanor), and a traffic citation for Improper Stopping on a Highway. The client was facing jail, loss of license, and the possibility of thousands of dollars in fines.
Samantha was able to convince the prosecutor to dismiss the Hit and Run and Aggressive Driving Misdemeanors and the Improper Stopping on a Highway charge and the client was left with just the Reckless Driving charge with a $150 fine plus court costs. Although the client’s license was suspended for a short period of time, Samantha was able to get him a restricted license so that he could drive to and from work, his children’s school and daycare, and church.
Weiland Upton represented a client charged with Driving Under the Influence and Possession of Marijuana last week in Henrico County. The client was pulled over for significant weaving in the road, was placed through a battery of Field Sobriety Tests, all of which he performed poorly on, and was provided a preliminary breath test at the scene, which resulted in a .14.
Following the DUI investigation, the police officer asked the client whether he had anything illegal in his car. The client responded by truthfully informing the officer that there was some marijuana in the vehicle and directed him to where he would find it. Of course the client was ultimately arrested for DUI and Possession of Marijuana, and was taken to the police station where he blew well in excess of the legal limit. Unfortunately, to make matters worse, this client’s case was more serious than a lot of DUI cases because he had two prior convictions for DUI. Our client was able to avoid an active jail sentence and received a restricted driver’s license despite the fact that he had been previously twice convicted of drunk driving.
In addition, the charge of Possession of Marijuana was dropped. If you find yourself charged with a serious traffic offense such as DUI or a drug charge such as Possession of Marijuana, please feel free to contact the attorneys at Weiland Upton, (804) 355-8037, for a free consultation.
Weiland Upton was able to secure a couple of great results last week on a Hanover Reckless Driving by Speed cases in Hanover County General District Court. One client was charged with going 91 mph in a 70 mph zone and the other client was charged with going just slightly less at 90 mph in a 70 mph zone.
After taking our advice prior to their court dates, each of their charges were reduced from Reckless Driving to Improper Driving. As a result, each client avoided a misdemeanor criminal conviction and were spared from a possible license suspension. Additionally, the charge was reduced from an offense that carries the maximum possible points under Virginia’s DMV point system to an offense that carries the minimum points (other than a non-moving no-point violation).
If you find yourself facing a serious traffic matter such as Reckless Driving or DUI in Hanover County or any other court in central Virginia, please feel free to call the attorneys at Weiland Upton, (804) 355-8037, for a free consultation.
Weiland Upton obtained a fantastic result in a case in Richmond this week. Our client was charged with Driving Under the Influence and Refusing to Provide a Breath Sample. It all began when the client attempted to parallel park his vehicle on a road in the Fan District of Richmond. Unfortunately, he struck the car in front of him and almost struck another vehicle as he parked.
A Richmond police officer observed all of this and initiated a traffic stop. After smelling alcohol on our client’s breath, the officer had our client perform field sobriety tests, which were not performed well, and had him blow into his preliminary breath test machine (PBT) which registered a result of .17. The officer placed him under arrest, at which time our client indicated his refusal to take an official breath test at the police station.
After a great deal of negotiation, we were able to have the Refusal charge dropped and the DUI/DWI reduced to Reckless Driving. Had the client been convicted of DUI, he would have had his license suspended for a full year with a restricted license plus he would have been required to have an ignition interlock device installed on his vehicle for a minimum of six months and would have had to complete the Virginia Alcohol Safety Action Program (VASAP).
As a result, he did not have to attend VASAP, did not get an ignition interlock device installed and he only received a ninety day restricted license. Moreover, since the Refusal was dropped, he was spared from an additional one year license suspension on top of the DUI for which he would not have been eligible for a restricted license. If you find yourself charged with a DUI or other serious traffic violation in Virginia, please call the attorneys at Weiland Upton at (804) 355-8037.
Earlier today, John Weiland of the law firm Weiland Upton convinced the Judge in Hopewell , Virginia’s General District Court to reduce his client’s Reckless Driving Class 1 Misdemeanor to Improper Driving, a low-level traffic infraction.
The client was charged with Hopewell Va Reckless Driving by Speed: 91 mph in a 70 mph zone. In addition to 6 demerit points on her license, a huge insurance rate increase, employment ramifications, and a criminal conviction, she was facing potential license suspension and in many jurisdictions – even jail.
Our attorney was able to present mitigating evidence on her behalf to have the matter reduced drastically (to a 3 point minor traffic violation – improper driving) without her even having to appear in court.
John Weiland of Weiland Upton recently convinced a judge in Henrico County, Virginia to dismiss a Class 1 Misdemeanor: Henrico Reckless Driving 85 mph in a 70 mph zone upon the client’s successful completion of a defensive driving school.
The experienced attorneys at Weiland Upton understand which judges accept defensive driving school courses to reduce or dismiss traffic violations and criminal reckless driving charges and when they are likely to do so.
Call 804-355-8037 to speak with a knowledgeable Henrico County Traffic Attorney or contact us online.