Portsmouth & Suffolk Traffic Defense Attorney

Traffic Defense Lawyer in Tidewater Area

When you have been charged with a traffic offense, whether it is speeding, reckless driving, or any other offense, it serves your best interests to get legal representation from a Portsmouth traffic defense attorney.  Penalties for these traffic offenses vary.  Some offenses are considered so dangerous to the community that they could include long periods of prison time.  Whatever the offense you are facing, having skilled legal representation on your side can increase the possibility of a good outcome and a brighter future for you.  Many people don't realize that these convictions can have serious repercussions in the future, such as increased car insurance, steep fines and jail time.  Second or subsequent offenses carry heavier penalties, which can place you in even more serious legal trouble.

Traffic Defense Lawyer in Southampton County and Isle of Wight County

The individuals in Portsmouth, Suffolk, Chesapeake, Isle of Wight and Southampton County who are facing traffic violations know that they can turn to the attorneys at Richardson and Rosenberg for individualized legal representation when they want to protect themselves in court.  The attorney assisting you has long years of success in fighting your conviction or in negotiating the charges down.  In many cases, with the proper and complete defense investigation, the charges will be totally dismissed.

As each case is unique, it is vital that your case is immediately reviewed and evaluated by an attorney from Richardson and Rosenberg.  With a complete review of the evidence against you as well as police procedure in the arrest, it is possible that court challenges could bring about suppression of certain evidence.  As each case and the circumstances surrounding it are completely distinct, it is necessary to meet with you and discuss what can be done.  Don't wait too long, as your future is at stake and your ability to drive may even be in jeopardy.

Contact a Suffolk & Portsmouth Traffic Defense Attorney from the Law Offices of Richardson and Rosenberg, LLC when you seek high quality defense in your traffic violation case. Serving individuals in the Portsmouth, Suffolk, Chesapeake, Isle of Wight and Southampton County areas.

Q: I have been charged with Driving under the Influence of Alcohol and / or Drugs? Are there any defenses?

A: These offenses are probably the most technical and complicated crimes in the Code of Virginia.  Every case is different. Common issues which may be raised in defense of these cases include:

• Identity of Driver;
• Lack of Probable Cause to stop vehicle;
• Failure to Prove Defendant “operated” the vehicle;
• Lack of Probable Cause for Arrest;
• Failure to perform breath and or blood tests according to law;
• Incomplete chain of custody;
• Defect in breath test equipment;
• Field Sobriety Test incorrectly administered;
• Errors in Arrest Warrant, Indictment and/or Records of Prior Convictions;
• Preexisting Health Problems of Defendant

YOU MUST BE PROVEN GUILTY BEYOND A REASONABLE DOUBT.

Q: What are the possible penalties if a person 21 years old or over is found or pleads guilty?

A: First Offense: (12) months jail, $2,500 fine, license suspended (12) months, complete ASAP program. No mandatory jail sentence.

1. If blood or breath test between “.15” and “.19”; Mandatory (5) days jail.

2. If blood or breath test more than “.20,” Mandatory (10) days jail.

Second Offense: (12) months jail, $2,500 fine, license suspended (3) years, complete ASAP program.

1. If within (5) years of First Offense; Mandatory (20) days jail:
   • If blood or breath test between “.15” and “.19”; additional Mandatory 10 days in jail
   • If blood or breath test “.20” or over, additional Mandatory 20 days in jail
2. If within (10) years of First Offense; Mandatory (10) days in jail:
   • Elevated blood/breath test results - same mandatory sentence as within (5) years.

Third Offense: (5) years in Prison (Felony)

1. If within (5) years, Mandatory (6) months jail, $1,000 fine
2. If within (10) years, Mandatory 90 days    jail, $1,000 fine
3. Operator’s License Revoked

Fourth Offense: within (10) years (Felony)

1. Mandatory 1 year prison sentence, $1,000 fine.

Q: If convicted, can I get a Restricted License?

A: For First Offenses: the Judge can grant one for certain specific reasons.  You must have a valid license to get a Restricted License.  You may have to get an “Ignition Interlock Device”
If a Second Offense is within (10) years of the First Offense, a Judge can grant a Restricted License after (4) months, with an “Ignition Interlock Device” required.  If it is within (5) years of the First Offense, a Judge can grant a Restricted License after (1) year with an “Ignition Interlock Device” required.

Q: Can I get a restricted Commercial Driver’s License?

A: No.  There are no provisions which allow issuance of a Restricted CDL.

Q: Do I have a right to choose blood or breath test?

A: No.  The Code used to allow persons to select the test.  Blood tests are usually done in “DUID” cases, cases involving an injured person, or a situation where a breath test machine or licensed operator is not available.

Q: What can happen if I refuse to take a blood or breath test after I am arrested?

A: You can be charged with Unreasonable Refusal to Take a Chemical Test.  If you are found guilty of Unreasonable Refusal (First Offense), your Operator’s License must be suspended for (12) months and a Restricted License cannot be issued during that time.  Additional convictions for Unreasonable Refusal and/or Unreasonable Refusal Prior Convictions of DUI or DUID could result in a jail sentence and must result in a (3) year suspension of one’s Operator’s License with no Restricted License.

Q: Are the penalties stricter for persons under 21?

A: Yes.  A blood alcohol concentration of “.02” is enough for a conviction. Juvenile Court convictions can be the basis for enhanced penalties for subsequent offenses. 

COMMERCIAL DRIVERS LICENSE

Q: If my driver's license is suspended, can I receive a restricted CDL?

A: No. There are no provisions for a restricted CDL.  If you turn in your CDL and obtain a regular Driver's License, the Court may grant a restricted REGULAR license.

Q: I have a CDL, but received a ticket while driving a non-commercial vehicle.  Will that affect my DOT status?

A: The attorneys in this firm keep current with new laws and regulations. As a general rule, Yes.

Q: Will the Judge allow me to go to Driver Improvement School and reduce / dismiss the charge so my livelihood is not taken away from me?

A: The U.S. DOT has changed Federal Motor Carrier Safety Administrations (FMCSA) regulations and audit requirements regarding the Virginia CDL Program.  Court may not allow a CDL holder to complete a Driver Improvement Course in lieu of conviction, even if the offense occurred in the driver's non commercial vehicle.

Q: But a Judge let me complete a Driver Improvement Course last year. What is going on?

A: Virginia Code Section 46.2 - 505 (B) prohibits this practice.  Many Judges, who may not have been familiar with the Code Section, were allowing CDL holders to do this.

As a result of some highly publicized bus accidents in the Richmond area, this topic was addressed during Judicial Training Sessions.

THESE ARE SERIOUS CHARGES WHICH CAN AFFECT YOU FREEDOM, FAMILY, LIFE, WORK AND SCHOOL

WE CAN HELP!