Tag: Richmond

Reckless Driving 29 Plus Over in Richmond Va – 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.

Reckless Driving 29+ Over in Richmond Va – Dismissed!

Nick Wright represented a client charged with Reckless Driving for speeding 84 MPH in a 55 MPH zone in the City of Richmond, Va. The client had one previous traffic infraction on his record.

On the date of the trial, Mr. Wright was able to appear on the client’s behalf and convinced the judge to dismiss the Reckless Driving charge following the client’s completion of a defensive driving class. The client only needed to complete the class and pay court costs.

Over 80 MPH is Considered Reckless Driving In Virginia

If you have been charged with Reckless Driving in the City of Richmond, it is important that you contact an attorney that understands Virginia’s traffic laws and can guide you accordingly. John Weiland, The Weiland Firm, and Nick Wright of The Weiland Firm, PLC, Attorneys at Law focus their practice on defending clients charged with serious traffic offenses, such as Reckless Driving and DUI, and are ready to help you win your case.

Richmond Va Public Intoxication – Drunk in Public – DISMISSAL

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.

 

Richmond Va Public Intoxication / Drunk in Public  – DISMISSAL

John Weiland of The Weiland Firm, PLC, Attorneys at Law, recently represented a client charged with Public Intoxication / Drunk In Public in Richmond, VA.  Mr. Weiland negotiated with the prosecutor and presented mitigating evidence on the client’s behalf in order to have the matter dismissed.

If you or someone you know has been charged with Public Intoxication or Drunk in Public in Richmond, Virginia, contact the law office of The Weiland Firm, PLC at 804-355-8037.

Reckless Driving in Richmond VA 70 mph in a 40 mph zone 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.

Reckless Driving in Richmond, VA : 70 mph in a 40 mph zone – Dismissed

Two weeks ago, John Weiland of The Weiland Firm, PLC, Attorneys at Law, represented a client charged with Reckless Driving for driving 30 mph over the speed limit in the City of Richmond, Virginia.

The client came to Mr. Weiland after he had just represented his family member on a very similar charge and was able to have her case dismissed.

After a couple of phone conversations, Mr. Weiland and the client prepared a strategy for the best possible outcome in the case. In court, Mr. Weiland argued to the prosecutor in accordance with the strategy they had been working on, and the case was dismissed by the judge.

If you or someone you know has been charged with Reckless Driving in Richmond, Virginia, contact the law office of The Weiland Firm, PLC at 804-355-8037.

Driving On A Suspended License And Failure To Appear (Capias) Both Dismissed In Richmond, Va

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.

Driving On A Suspended License And Failure To Appear (Capias) Both Dismissed In Richmond, Va

John Weiland of The Weiland Firm, PLC, Attorneys at Law recently defended a client charged with Driving on a Suspended License and Failure to Appear / Capias in the City of Richmond, Virginia.  Mr. Weiland instructed the client on properly preparing for the case and negotiated with the prosecutor involved.  Ultimately, the Judge dismissed both the Driving on Suspended charge and the Failure to Appear charge.  The client did not have any jail or license suspension, and avoided both misdemeanor convictions.

If you have been charged with Driving on Suspended License in Virginia, it is important that you contact an attorney that understands Virginia’s traffic laws and can guide you accordingly.  John Weiland and The Weiland Firm of The Weiland Firm, PLC, Attorneys at Law focus their practice on defending clients charged with serious traffic offenses such as Driving on a Suspended License and are ready to help you win your case.

Don’t Text and Drive in Virginia or Anywhere

Virginia Could Make Texting Behind the Wheel a Major Traffic Offense

Texting while driving in Virginia is already against the law. It’s punishable by a ticket with a small fine. But the Virginia State Crime Commission wants the act to be considered the same as reckless driving.

Under proposed legislation endorsed by the Virginia State Crime Commission, texting while driving would be placed under the state’s definition of reckless driving. Reckless driving is a misdemeanor offense punishable by up to one year in jail and a fine of up to $2,500.As the law stands now, texting and driving is a secondary offense. That means you can only be ticketed for it if you’ve been stopped for a separate violation, such as failing to stop at a stop light. The first texting offense carries a $20 fine. All subsequent offenses carry a $50 fine.

Organizations such as DriveSmart, a driving-safety education organization, and AAA Mid-Atlantic, a motorist-advocacy group, have long lobbied for stronger texting while driving laws in Virginia. But the issue came to the forefront after a judge in Fairfax County ruled that a texting driver involved in a fatal accident could not be convicted of reckless driving because the state legislature passed a law making texting a lesser crime.

Delegate Robert Bell, chairman for the Virginia State Crime Commission, remains perplexed by that particular ruling, but said “if that’s something that’s happening in the court, we need to make sure texting is covered under reckless driving.”

Under the proposed legislation, drivers can only use their cellular phones to make voice calls. Drivers in Virginia could be stopped and charged with a misdemeanor if they use their phone for anything other than verbal communication while on the road.

Virginia Governor Bob McDonnell stated on his Richmond-area radio show that he believes texting and driving is already covered under the state’s reckless driving statute, but that he will seriously consider the proposal.

Advocates of stricter laws against texting and driving point to numerous studies demonstrating the dangers of using a cellular device while operating a vehicle.

A report released by the National Highway Traffic Safety Administration states that the risk of crashing is 23 times higher while texting than while driving undistracted. AAA cites studies showing that approximately 80 percent of accidents involve driver distractions or inattention within 3 seconds of the crash. Sending or reading one text message takes the driver’s eyes off the road an average of 4.6 seconds.

Public support against texting and driving is also high. According to a 2011 survey conducted by AAA, 94 percent of respondents agreed that texting or e-mailing while driving was unacceptable and 87 percent supported laws against reading or typing on cellular devices. 79 percent supported making texting while driving a primary offense.

But the same AAA survey also found that 33 percent of participants admitted to using their cell phones for purposes other than making calls. According to the survey, many of those in favor of stricter penalties for texting while driving actually used their mobile devices while driving a car.

The General Assembly hopes that by expanding the definition of reckless driving, it will prevent those 33 percent from texting and driving on Virginia’s roadways.

The Weiland Firm, PLC is a leading firm of Virginia reckless driving lawyers

Call (804) 355-8037 for a free consultation

Virginia Requires Ignition Interlock for DUI Convictions

VA Drunk Drivers Must Install Ignition Interlock Device

Virginia DUI VA DWI
The driver must blow into the ignition interlock device before the vehicle will start.

Beginning July 1, 2012, any person convicted of DUI in Virginia must have an ignition interlock device installed in their vehicle in order to be eligible for a restricted driver’s license. Prior to recent changes in the law, an ignition interlock device was only required for convicted, first-time drunk driving offenders with a blood alcohol content of 0.15 percent or higher and for all second and subsequent offenders. The legal driving limit is 0.08.

An ignition interlock system is similar to a breathalyzer but it is installed in a motor vehicle. The person operating the motor vehicle must blow into the device prior to starting it. If the interlock system detects alcohol content above a 0.02, the device will prevent the motor vehicle from starting. The device then asks for a reading every 20 to 30 minutes while the car is being driven in what is known as the “rolling test.” This is to ensure that the driver has not started drinking after turning on the vehicle. If a person fails the “rolling test,” the vehicle’s horn and lights will activate until the driver shuts off the car. Violations are reported to the driver’s VASAP Case Manager when the device is calibrated every month.

In Virginia, a person convicted of drunk driving can choose from four state-approved companies to install the ignition interlock device. These four companies have locations all across the Commonwealth. At the moment, none of them are charging an installation fee, but all four charge approximately $60 every month to monitor the system. By law, these companies are allowed to charge a maximum of $80 a month in monitoring fees.

Bart Chucker, a former partner of the firm, recently estimated in a Richmond-Times Dispatch article that more than 15,000 first-time DUI offenders will be affected by the ignition interlock system by the end of the year. According to the Virginia Department of Motor Vehicles, 28,162 people were convicted of DUI in the state in 2011.

Persons convicted of a first offense DUI must have an interlock device installed in any motor vehicle driven as a condition of receiving a restricted license. This requirement is limited to motor vehicles driven by that person. A court may allow that person to drive a motor vehicle without an ignition interlock device if that person has to drive a vehicle during work hours as a condition of their employment. This limited exception does not apply if the person has an ownership interest in the business.

The ignition interlock requirements differ for persons convicted of second offense DUI. Persons convicted of second offense DUI must have an ignition interlock device installed in every motor vehicle owned or registered to that person. As a result, it may be wise for that person to own one motor vehicle at the time of their conviction. This will save that person the expense of installing the ignition interlock device on multiple vehicles.

Those convicted of driving under the influence will now be paying more money out of pocket as a result of the new ignition interlock requirement, making it more important than ever to seek quality legal representation if you’ve been charged with driving under the influence in Virginia.

The Weiland Firm, PLC is a leading firm of Virginia DUI attorneys

Call (804) 355-8037 for a free consultation

From the Skies: Cuts in Virginia Aerial Traffic Enforcement

VA Cutting Speeding Tickets Enforced by Aircraft

VA Speeding and Reckless Driving Ticket
These Virginia highway signs are quickly becoming a thing of the past

Virginia has limited the number of speeding tickets issued by aircraft enforcement. It is just one of the many states in the country that have decreased their aircraft patrols to catch speed and traffic violators.

Driving on Virginia’s interstates, you may see large signs stating “Speed limit enforced by aircraft.” In 2000, Virginia State Police initiated an aggressive aerial traffic enforcement campaign to catch violators on the state’s roadways. However, since 2007, those programs have been cut drastically. In 2011, the State Police’s aviation division, based in Richmond, flew one mission, issuing tickets to only 20 drivers. It flew four missions in 2010 and didn’t fly any speed enforcement missions in 2009.

Corinne Geller, a spokesperson for the Virginia State Police, said “Due to economic conditions and mandated budget cuts… we’ve had to look at cost savings.”

Speed enforcement flights were once paid for with federal grants, but with cuts in federal spending, police departments around the country have put their troopers back on the highways.

The Richmond Times-Dispatch reports that aerial enforcement missions require a plane, a pilot, a spotter who times cars as they travel between road markings, and a number of police cruisers on the ground to issue the speeding tickets. It costs Virginia State Police about $150 an hour to fly the planes. That number includes fuel and maintenance, but not officers’ salaries.

The use of aircraft was advantageous in enforcing violations in heavy traffic or over long distances. However, developments in laser technology have evened the field for officers on the ground, making aerial missions almost obsolete for police bureaus facing major budget cuts.

But not all states have done away with aerial traffic enforcement. The Ohio State Highway Patrol issued over 16,000 speeding tickets from aircraft last year. Florida issues an average of 30,000 tickets ever year from the sky.

While police in Virginia may be decreasing their air patrols, laser speed readers are filling in and traffic patrols are as numerous as ever. Contact an attorney if you’ve received a speeding ticket in Virginia.

The Weiland Firm, PLC is a leading firm of Virginia Speeding Ticket Lawyers

Call 804.355.8037 for a free consultation