Tag: Traffic Tickets

Chesterfield Charge Reduced to Non-Moving Violation

Chesterfield Charge Reduced to Non-Moving Violation

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.

Samantha Upton represented a client that was charged with Failure to Obey a Highway sign for going 81 mph in a 60 mph zone. The client had high-level security clearances, and needed help resolving his case.

Ms. Upton was able to appear on her client’s behalf, and have the charge reduced to a non-moving violation. This reduction in charge prevented points being added to the client’s driving record, and helped protect his security clearances.

If you have been charged with Failure to Obey a Highway Sign in Chesterfield 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 Reckless Driving and DUI, and are ready to help you win your case.

How To Choose A Good Lawyer For A Traffic Violation

How To Choose A Good Lawyer For A Traffic Violation

If you have been involved in a traffic incident and you are headed to court, it is a good idea to have a lawyer by your side. You could contest it by yourself, but lawyers know the ins and outs of the judicial system and will be able to help you get a fair hearing. Even if you are not going to court, but you feel that you have been treated unfairly, a lawyer can help. If you are unsure of how to choose a good lawyer to assist you with the legal proceedings from your traffic ticket, the following are some good ideas:

Get A Recommendation

Getting a recommendation from someone who you know and trust could very well be one of your best resources. If a friend or family member had to deal with a similar situation, they might have a lawyer that they would recommend you use or not use. You want to be sure that you are getting a good recommendation, so only ask someone who you think will, in fact, be honest and have your best interest in mind. If you know someone in the legal field, they could also be a good resource to turn to so that you can get a good lawyer that deals with traffic issues.

Do Research

Whether you have some good recommendations or not, you can turn to the internet for more information. You can either look up the lawyers that were recommended to you so that you find out more specifics about their area of specialties, or you can search for lawyers from scratch. When you find each website, take some time to read through all the details. Some questions that you should get answered are:

  • What type of education does each lawyer have?
  • Where are they located?
  • Do they handle the traffic issue that you are presenting?
  • How long have they been in business?
  • Looking at their website, do you feel comfortable contacting them?

Contact

After you have found a lawyer or two that you feel will do a good job for you, you should contact them directly. Whether you want to do that by phone, or in person is up to you. The benefit of contacting them by telephone first is that you can set up an appointment to see them in person so that they are sure to be in the office when you show up. If there were any questions remaining after you checked out the lawyer’s website, you can ask those questions during your visit. Talking to the lawyer personally will give you a greater sense of whether or not you feel comfortable with each particular lawyer and the services they are offering you. If anything doesn’t feel quite right, don’t be afraid to ask them about it. You want the best representation that you can get.

Finding a lawyer that will help you with a traffic violation can be done fairly quickly. By getting a recommendation, doing research on the internet, knowing the right questions to ask, and contacting each lawyer that you find, you can end up with the best lawyer for your situation.

7 Don’ts When Pulled over for a Traffic Stop

7 Don’ts When Pulled over for a Traffic Stop

Almost all drivers have been pulled over for a routine traffic stop.  Often, drivers might view the cause of the stop and impending traffic ticket nonsensical.  As a fellow motorist, I have experienced being pulled over for a routine traffic stop after going 5 mph over the speed limit on a highway with a speed limit of 65 mph.  There are no guarantees that you can talk your way out of a ticket for a traffic violation.  But, there are a few things you could choose to do that would almost always guarantee to make your situation much worse.

  1. Do NOT run from the police in a high speed chase

Do not run.  Do not try to run.  Do not think about running.  Do not put create a scenario in which a police officer might think that you might run.  If there is not a safe place to pull over, such as you are asked to pull over by the side of a ditch, signal immediately and drive another 100 feet to where you can safely pull over.  Running from police can be much worse than most initial infractions.  In addition to the initial infraction, failing to yield to law enforcement can easily turn a traffic ticket into being charged with multiple felonies involved in a high speed chase such as felonious hit-and-runs.

  1. Do NOT confess to anything

When asked the routine question, “Why did I pull you over?” by a law enforcement official, do not confess to anything.  Primarily, you do not know what you were pulled over for.  You might have been speeding and ran a red light, but an officer might have pulled you over due to a broken taillight.  Instead of confessing to any wrongdoing, give a polite answer such as a shrug and say something vague.  You will find out why you were pulled over soon enough.

  1. Do NOT become belligerent

“Clever” comments are rarely appreciated.  Similarly, arguing about the nature of the traffic stop will not get you far.  In the event you feel that the traffic stop was unfair, it is best to apologize for your wrongdoing.  For example, be cooperative when asked to show your license and registration and then apologize for not paying more attention when being clocked at going 70 mph in a 65 mph zone.  It can be helpful to be almost too polite.  Say “Yes ma’am,” or “Yes sir,” even if you do not typically use that verbiage.   Instead of arguing, say that you will learn from your mistake and pay more attention to the speedometer in the future.

  1. Do NOT fail to disclose any concealed weapons

Even if you have a concealed weapons permit, the first contact you must make with an officer after being pulled over is to IMMEDIATELY disclose that you have a weapon in the vehicle or on your person.  Never chance that the weapon might be accidentally seen.  Disclosing that you have a concealed weapon in the vehicle will be must less likely to cause problems than if you fail to do so.

  1. Do NOT attempt to bribe an officer

Bribing an enforcement official is a bad idea.  Bribery is especially concerning for police officers.  If the officer were to accept the bribe, he or she could be in a large amount of trouble.  After attempted bribery, officers are required to report the incident.  An attempted bribe could have the opposite of a beneficial effect.  It will likely land you in more trouble.

  1. Do NOT act suspicious or goofy

Cooperate with all instructions while remaining calm.  Bursting into tears or inappropriately exposing body parts is rarely helpful.  Remember, it is only a routine traffic stop.  Have your current registration and license handy and simply follow the instructions given to you.  Even if it is hot, do not open the door for fresh air or turn on the engine to run the air conditioning unit and possibly alarm the officer writing the warning or ticket.  Remember, it is only a traffic stop.

  1. Do NOT ignore the ticket

Either pay the ticket or show up to traffic court or hire a Lawyer.  Driving with an unpaid ticket and missed court date is a major risk.  If you feel that the ticket was issued unfairly and could negatively impact your license, contact an attorney for advice.

At the end of the day, life goes on after receiving a traffic ticket.  However, doing the wrong thing at a routine traffic stop could have serious and lasting consequences.

More Info:

How to Behave if Pulled Over For Speeding
Frequently Asked Questions About Reckless Driving

Do I need a traffic ticket attorney

How To Behave When Pulled Over For Speeding

How To Behave When Pulled Over For Speeding

I know that I am not alone when I say that getting pulled over for a speeding ticket makes for a frustrating day. There are a lot of excuses that I might want to make for myself, but when it comes right down to it, speeding can lead to some really dangerous situations. Fortunately, there are some actions we can all take that will make the interchange between yourself and the police officer a little bit more positive. In some cases, by taking responsibility for your actions and treating the officer with respect, you may even be able to end up with a smaller ticket than if you had acted belligerently.

#1 Pull over quickly and safely.

When you see the lights of a police cruiser pulling up behind your car, begin to signal and slow down a bit to acknowledge to the police officer that you are pulling over. If you are on a busy street, look for an area to pull over which won’t leave the officer in the way of passing traffic. If you can, find a shoulder with plenty of room or pull into a parking lot or other safe area, the officer will appreciate the chance to talk to you without worrying about being hit by passing cars.

#2 Breathe deeply and calm down.

At this point, you probably already know why you’ve been pulled over. It is important that even if you feel that the officer has made a mistake you remain calm and polite. This courtesy can go a long way toward alleviating some of the concerns that the officer may have upon approaching your vehicle. Police officers are often killed in routine traffic stops. Even if you plan to contest the ticket later on, right now is the time to stay in control of your emotions and proceed respectfully.

#3 Roll down your window and keep your hands in plain sight.

This is important advice to follow. The officer won’t know if you are reaching into the glove compartment for your paperwork or for a weapon. Instead, roll the window down, turn off the radio and turn on your interior lights. Place your hands on the steering wheel and wait until the officer asks you for your ID and registration. You may want to tell the officer where you are going to reach before you begin digging into your back pocket or purse.

#4 Respond with honesty, but don’t jump into any answers.

The police officer will appreciate your honesty and by taking responsibility if you were clearly violating the law, you can often expect to be treated with a little less hostility. Don’t try to argue yourself out of a ticket at this point. You can maintain a respectful demeanor, answer questions clearly and then discuss the case with an attorney at a later time.

There are some common questions that you’ll be asked when you are pulled over speeding. Respond with a simple ‘yes’ or ‘no’ and practice your best listening manners. Here are a few examples:

  • The officer asks if you know how fast you were going. Respond with a ‘yes’ and don’t make excuses.
  • If the officer asks if you know why you were pulled over, answer with a ‘no’. This will give you the opportunity to contest the ticket in court if you decide to.
  • The officer may tell you how fast you were traveling. Don’t argue or make excuses. Simply say “okay” or don’t say anything at all.

Remember if you plan to talk to an attorney about contesting the ticket, then anything that you say to the officer may be used against you. Keep it polite, simple and non-confrontational.

I have been given a warning instead of a ticket simply because I was polite and hones during this conversation.

#5 Remain in your vehicle unless the officer asks you to get out.

It is safer for both you and the officer if you stay in your car. Just sit tight, the officer will come to you. However, if the officer does ask you to step out of your car, do it without arguing. By resisting, refusing or arguing about the officer’s requests you could present yourself as a troublemaker and then you will find yourself in trouble. Remember, the goal is to come out of this situation with as little frustration or inconvenience possible.

If you stay calm and present yourself in a non-threatening manner, then your experience will be much more pleasant. You can save yourself from appearing belligerent and, in some cases, may drive away without a ticket.

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.

Colonial Heights Reckless Driving Reduced to Minor Equipment Violation

 

Recently, John Weiland of Weiland Upton, PLLC obtained an outstanding result for a client charged with Reckless Driving, a Class 1 Misdemeanor, for driving the wrong way on a street in Colonial Heights, Virginia.

Because of his job as a taxi driver, it was necessary that the client avoid a Colonial Heights Reckless Driving conviction or any other moving violation! While that was a difficult task for a client charged with driving the wrong way on a highway, Mr. Weiland was able to have the charge reduced significantly to a minor equipment violation that carried no points!

If you or anyone you know finds themselves charged with Reckless Driving or another serious traffic offense in Virginia please contact the attorneys at Weiland Upton, PLLC at 804-355-8037.

Henrico Country Commercial Driver’s License Ticket Charges Reduced

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.
Earlier this month Weiland Upton represented a client who received a ticket in Henrico County Virginia for Failing to Yield the Right of Way.
Our client’s ticket was a result of him backing his tractor trailer across major and heavy traveled road from one parking lot to another parking lot on the other side of the road. The illegal maneuver caused an approaching vehicle to hit his tractor trailer as a it entered the road, which in turn caused a backup on the road. This client’s case was made more complicated by the fact that he holds a Commercial Driver’s License rather than a normal non-commercial license.

The impact that traffic violations classified as “moving violations” has on a holder of a commercial driver’s license is much more profound than that on a typical licensee. As a result, the client’s ticket was reduced from a “moving violation” to a “non-moving violation,” which made a significant positive impact on the client’s driving record as a CDL holder.

If you or someone you know finds themselves charged with a traffic violation in Virginia, please feel free to contact the attorneys at Weiland Upton, (804) 355-8037.

Henrico County Virginia for Texting While Driving Charge to be 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.

John Weiland from the firm Weiland Upton, PLLC represented a client who received a ticket in Henrico County Virginia for Texting While Driving. The client was driving down Interstate 64 when a police officer noticed her using her phone. The officer pulled her over and she admitted she was reading emails. Thanks to Mr. Weiland’s negotiations with the police officer and prosecutor, and despite the fact that she did not have a perfect driving record, the client will have an opportunity to have the charge completely dismissed if she pays her court costs and completes a basic driver improvement program that she can complete on the Internet. As a result, the client will not have a significant traffic conviction on her record and will pay no fines. If you or anyone you know receives a traffic ticket such as Texting While Driving or Reckless Driving please call the lawyers at Weiland Upton, (804) 355-8037, for a free consultation.