Archive for the ‘Eluding / Endangering Police’ Category
Arlington, Virginia: Eluding Police (Va Code 46.2-817) while driving drunk at a BAC level of .18 (VA Code 18.2-266) resulted in the minimum penalties for each offense, with just 5 days to serve.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test || Read more
Misdemeanor Eluding Police REDUCED to Improper Driving Citation in Falls Church, Virginia
2012
FALLS CHURCH, VIRGINIA: Misdemeanor charge of disregarding signal by law-enforcement officer to stop / eluding police (VA Code 46.2-817) was REDUCED from a crime to a traffic infraction with a fine.
§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.
A. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.
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ALEXANDRIA VIRGINIA | United States District Court for the Eastern District of Virginia in Alexandria: 5 out of 6 Federal criminal traffic charges were dropped, including Fleeing to Elude Police and Resisting Arrest with a plea to the drunk driving charge – 2nd DUI / DWI in 5 years. Instead of the Virginia standard 20 days mandatory minimum jail time, client walked away with just 10 days to serve and was permitted to serve this time on the weekends on his schedule. Instead of the mandatory minimum Virginia $500 fine for any 2nd DUI in 5 years, client walked away with only a $250 fine. Client was also given a restricted license right away.
For additional conditions and details, please call our office.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
PRINCE WILLIAM COUNTY / MANASSAS VIRGINIA: Class 5 Felony Shooting a Firearm from a vehicle (VA Code 18.2-286.1) and class 1 misdemeanor Brandishing a Firearm (VA Code 18.2-282) were DROPPED in exchange for a plea to two misdemeanor weapons charges of Brandishing a Firearm (VA Code 18.2-282) and Reckless Handling of a Firearm (VA Code 18.2-56.1) with only 30 days to serve in jail.
Read more about Firearm Laws here: Virginia Firearm, Weapon, & Hunting Laws | Criminal Defense Lawyer’s Explanation of Gun Possession, Concealed Weapon Carry, Reckless Handling of a Firearm, and Hunting / Gaming Offenses
WHAT IS RECKLESS DRIVING IN VIRGINIA?
Reckless Driving is a misdemeanor criminal charge in Virginia. If your speed was either 20 miles over the speed limit, or if you were going at a speed over 80 miles per hour, then your “speeding ticket” is likely a Virginia Uniform Summons for Reckless Driving. And so, what looks like a regular speeding ticket may be much more than just a lot of points on your driving record. Reckless Driving is a Class 1 Misdemeanor under Virginia VA Code § 46.2-862 “Exceeding speed limit” – the same level of offense in Virginia as a DUI, assault, or larceny charge. That yellow ticket that you signed is actually an alternative version of an arrest for reckless driving. RECKLESS DRIVING ISN’T THE EVERYDAY SPEEDING TICKET. This charge frequently appears as “82-1-6″ on a Fairfax Driving Summons.
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Northern Virginia:
A repeat offender (with 12 prior felony and misdemeanor convictions) was charged with 8 total criminal offenses – felony endangerment / eluding police (VA Code 46.2-817), misdemeanor 2nd DUI in 5 years (VA Code 18.2-266), misdemeanor reckless driving (VA Code 46.2-852), misdemeanor driving on a suspended license after a DWI (VA Code 18.2-272), misdemeanor driving on a revoked license 3rd offense (VA Code 46.2-301), misdemeanor drinking while driving / open container of alcohol in vehicle (VA Code 18.2-323.1), refusal to take breath test (VA Code 18.2-268.3), and traffic offenses. All charges were DROPPED prior to commencement of a jury trial with a plea to one felony and one misdemeanor, significantly reducing client’s potential jail sentence.
Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test
Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862
