Tag: suspended license

New Kent VA – Driving on a Suspended License DUI Related – DISMISSED

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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.

New Kent, VA – Driving on a Suspended License DUI-Related – DISMISSED

John Weiland of Weiland Upton, PLC, Attorneys at Law, recently represented a client charged with Driving on a Suspended License after being revoked for a DUI (a serious charge that almost always comes with an active jail sentence) in New Kent County Virginia.

While no valid defense existed in the case, Mr. Weiland negotiated with the prosecutor to DISMISS the charge upon completion of community service.

If you or someone you know has been charged with Driving While Intoxicated or Driving on a suspended License in New Kent VA, contact the law office of Weiland Upton at 804-355-8037.

 

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

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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 Weiland Upton, 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 Samantha Upton of Weiland Upton, 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.

Is driving on a suspended license in Virginia a serious offense?

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Yes, driving on a suspended driver’s license is a very serious offense in Virginia.  Under Virginia law, driving on a suspended driver’s license is a Class 1 Misdemeanor.  A Class 1 Misdemeanor is the most serious type of misdemeanor offense in Virginia, and is just one classification short of being a felony offense.

Suspended licence in Virginia

Since a conviction for driving on a suspended license is a Class 1 Misdemeanor it can result in a very serious fine up to $2,500.00.  Although it is rare to receive the maximum fine, it is not uncommon for Virginia judges to issue a fine of several hundred dollars upon finding someone guilty of driving on a suspended license.  This only serves to place a person in a much more serious financial crisis considering that most people charged and convicted of driving on a suspended license are suspended due to their failure to pay fines and court costs they already owe to the courts for prior traffic or criminal convictions.

In addition, a conviction for driving on a suspended license often comes with an additional license suspension that is separate and apart from the underlying suspension that is the basis of the driving suspended charge.  Virginia law requires the judge who convicts a defendant of driving on a suspended driver’s license to suspend that person’s license for the same period of time for which the person’s license was originally suspended.  For example, if the person’s license was originally suspended for six months due to a Reckless Driving conviction, and that person is then later convicted on a driving suspended charge, the judge must resuspend the person’s license for an additional six months.  If that person’s original license suspension was for an indefinite period of time, then Virginia law allows a judge to resuspend that person’s license for up to an additional ninety days if they are convicted for driving on a suspended license.  And to make matters worse, these new and separate license suspensions do not begin to “run” until the underlying suspension is completely resolved.

Finally, a conviction for driving on a suspended license often results in an active jail sentence.  In fact, Virginia judges are required by law to sentence individuals convicted of a third or subsequent offense of driving on a suspended license to a mandatory minimum ten day active jail sentence.  Many Virginia judges give significantly more jail time in cases involving a fourth or subsequent offense.  And by virtue of being a Class 1 Misdemeanor a judge can sentence a person convicted of driving on a suspended driver’s license up to twelve months in jail.

As you can see, a conviction for driving on a suspended driver’s license in Virginia is a very serious matter.  If you find yourself in the unfortunate position of being charged with this offense you should contact an attorney who handles a large volume of traffic matters and regularly appears in the court your case is scheduled to be heard.  A good traffic attorney can provide you with very sound advice on how to put yourself in a position to achieve the best possible result for your case.

Weiland Upton is a leading firm of Virginia reckless driving lawyers

Call (804) 355-8037 for a free consultation

Man Convicted of 12th DUI in Spotsylvania County

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Pleads Guilty to Felony DWI in Spotsylvania, VA

VA DUI Spotsylvania
David Maron Apraham

A man pleaded guilty yesterday in Spotsylvania County, Virginia to his 12th DUI offense.

David Maron Apraham entered his guilty plea in the Spotsylvania Circuit Court for felony driving under the influence, driving on a suspended license and refusal to take a breathalyzer test. As part of a plea agreement, the Commonwealth’s Attorney dropped a felony charge of eluding a police officer.

Apraham will be sentenced on November 6, 2012. He faces a maximum of seven years in prison for the offense.

According to the plea agreement, Mr. Apraham was first convicted of drunk driving in Mississippi in 1990. He has been convicted of DUI in Mississippi six times as well as three times in Alabama. He was also convicted twice in Virginia: once in Williamsburg in 2008 and again in Colonial Heights in February 2012. Furthermore, he is wanted in the states of Alaska, Mississippi, North Carolina and Washington for DUI-related crimes.

The felony incident occurred in November 2011 when a Spotsylvania County deputy saw Apraham stumbling around a BMW dealership late at night. Apraham got into a pickup truck and drove off. The deputy saw the pickup truck swerve over the double-yellow line three times. When the officer turned on his emergency lights and siren, Apraham proceeded to speed up before turning into a parking lot.

The suspect was handcuffed after he fell while walking towards the officer. Apraham admitted having five beers some five hours early, but he smelled strongly of alcohol. He refused to take a breathalyzer test.

Apraham is being held without bond in the Rappahannock Regional Jail. He will be sentenced on November 6, 2012 for felony DUI in Spotsylvania, VA.

Weiland Upton is a leading firm of Virginia DUI Lawyers

Call 804.355.8037 for a free consultation

Virginia DUI Lawyer Has Charges Reduced for Client

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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

Virginia DUI and Reckless Driving: License Suspension

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Drivers Risk a Suspended License for DWI or Reckless Driving in VA

Virginia judges are authorized to suspend a person’s driving privileges within the state for convictions of reckless driving by speed, reckless driving resulting from an accident, and driving under the influence. Any license suspension imposed for reckless driving is left to the discretion of the court and may be as long as six months. Out-of-state drivers convicted of DUI in Virginia face a mandatory one year suspension of license. Such suspensions only affect a person’s ability to drive in Virginia. A Virginia judge cannot suspend an out-of-state driver’s license to drive in any other state. As a result, a driver with a Pennsylvania license convicted of a DUI in Virginia can operate a car in any state, except Virginia. However, the Virginia Department of Motor Vehicles may communicate the suspension to Pennsylvania, at which point the appropriate government entity in Pennsylvania can choose to suspend that person’s driver’s license.

Virginia judges are barred by law from seizing an out-of-state driver’s license after suspending that person’s privilege to drive in Virginia. The applicable part of Virginia Code §46.2-398 states:

For any revocation or suspension of a privilege to drive in Virginia of a person who does not have a Virginia driver’s license but who does have a valid driver’s license from another jurisdiction, the court shall not order the physical surrender of such license.

This prevents Virginia courts from physically taking a person’s out-of-state driver’s license once the court suspends or revokes that person’s driving privileges in Virginia. So, the court cannot take a driver’s North Carolina license after convicting that person of reckless driving by speed. The court may only suspend that person’s ability to drive in Virginia. The person can drive in North Carolina or any other state up until their North Carolina driver’s license is suspended by the appropriate government entity in North Carolina.

Courts may issue out-of-state motorists restricted driving privileges in Virginia. This typically happens when a person possesses a driver’s license from a bordering state—Maryland, North Carolina, Tennessee, or West Virginia—and works in Virginia. For instance, a Virginia judge is able to grant restricted driving privileges to a person convicted of DUI in Virginia who is licensed in Maryland and commutes to Caroline County, VA. Under this scenario, the person would be permitted to drive from Maryland to their place of employment in Caroline County. They may also be allowed to drive to and from school or be granted a variety of other restricted driving privileges as deemed worthy by the court.

A reckless driving or DUI conviction in Virginia can change your entire livelihood, especially your ability to travel freely to work, school, or to the doctor. And driving on a suspended license will only compound your legal woes down the line. Do not risk having your driving privileges suspended in a Virginia courtroom. Contact an experienced attorney if you’ve been charged with a DUI or reckless driving in Virginia.

Weiland Upton is a leading firm of Virginia DWI and Reckless Driving Lawyers

Call (804) 355-8037 for a free consultation

Hanover County Reckless Driving Results

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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