When I first began to practice law in Virginia, I heard that most people make it through life without ever needing a lawyer. They never see the inside of a courtroom. However, for those who do, often it is because of a traffic offense. From my observation, most of these individuals go to traffic court without a lawyer. That may be a good choice for the person who just wants to pay the ticket quickly and leave; however, for a person whose job and family depend on a licensed driver, who wants to challenge the charge, or being guilty, wants to explain particular circumstances to the judge, representing yourself may not be the wisest decision. Remember you are at a disadvantage when stepping into a courtroom. The judge, the clerk, prosecuting attorney and bailiffs are all familiar with the proceedings. You, on the other hand are the outsider. A lawyer, for the innocent and guilty, works to make the playing field level and fair.
If your case presents particular problems or you have questions, check the links to see if you can find the answer. If not, contact me at (804) 355-1842.
DRIVING UNDER THE INFLUENCE
There’s hardly a worse crime to be convicted of than driving under the influence . Even where the evidence is minimal (an un-aggravated case with a low alcohol reading) the costs are great. Fines and court costs coupled with alcohol class fees, dmv fees, and insurance increases, can total thousands of dollars. You will not be able to drive to where you like when you like. Although you will most likely get a restricted license, it will be on conditions which have grave consequences should they be violated. It is simply the most financially costly, most time consuming and most freedom restrictive driving offense one can be convicted of. My advice is to always fight this charge. Hire a lawyer and turn over every stone, look for any legal technicality, constitutional or scientific arguments to win.
I have tried too many dui’s to remember them all. Each one has been different than the last. I am a member of the Richmond Criminal Bar, the Virginia College of Criminal Defense Attorneys and the National College for DUI Defense. My phone, e mail, and office are always open to discuss your case. DON’T GO IT ALONE!
About Your License:
The Virginia Department of Motor Vehicles uses a point system to track repeat offenders. Different violations carry different point assignments in relation to how serious the violation is. There are three categories of point assignments. Six, four and three points. Each time you commit a traffic offense, DMV adds the appropriate points.
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Six Points
DUI, Attempting to elude police, Reckless Driving in excess of 80 MPH, Driving on Suspended or Revoked License.
Four Points
Failure to obey traffic signal
Stopping/yielding offenses
Speeding 10-19 above limit
Following/signaling offenses
Three Points
Driving/passing offenses
Speeding 1-9 over limit and other speeding related offenses
Turning/backing offenses
Lighting offenses
Licenses/permit offenses
Restraints - child
Failure to report accident |
Paying a traffic ticket is simple and painless. But for those who may face a Court or D.M.V. license suspension, large fine or jail, it is just as important as it is to the innocent to be represented. By being represented you will have the advantage of adequately presenting mitigating evidence, evidence which might reduce the penalties.
Alternatives to the usual sentence can be recommended to the Court. For example, community service, work release, weekend incarceration, extended time to pay the fine, restricted licenses during a reckless driving suspension period. It can be difficult and complicated to ask the court for these accommodations after the case is concluded, especially if you are unrepresented.
For More Information or to discuss your case, please call Joseph McGrath at (804) 355-1842 |
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"Thank you so much for your help in April with my court appearance. Having you represent me was a great comfort.
I hope I won't have to, but I will refer you to anyone who needs help."
"I can't thank you enough. I really cannot thank you enough for stepping in and volunteering your time and knowledge to help me. I had lost faith in the legal system, accepting the cynical criticisms we hear so often regarding 'justice' in America. Not only have you saved me from a humiliation that could have had lifelng career implications, but you have given me a sense that our system does work, thanks to the commitment of people like you..."
"Thank you so much for representing me on March 9, 1999 in my traffic case with Henrico County District court.
I am appreciative of your knowledge, expertise and most especially your very accommodating manner. The outcome of this matter would not have been as successful without your service.
I feel very confident to refer you to individuals within my network and I will definately solicit your services for my future needs should any arise."
"I wanted to thank you for meeting with me for a free consultation about my Petersburg arrest the previous week.
After meeting with a succession of other attorneys who had varying philosophies for how to approach this misdemeanor case, I realized that your options for strategies were very good..."