DUI (Driving Under the Influence)

Many people who are arrested and charged with DUI find the specter of avoiding conviction a daunting one. In short, many people feel that mounting a defense is an exercise in futility.

The reality is that many questions need be answered before abandoning hope of acquittal, or being found innocent. Did the officer have probable cause to stop you in the first place? Did the officer have probable cause to suspect intoxication? Were the field sobriety tests conducted properly? Was the investigation and collection of evidence handled correctly? Are there any other mitigating factors which would make your conviction less likely? These are questions our advocates will ask in one’s defense during this trying time, and will bring along with them years of experience and legal knowledge as to how most effectively investigate as to the answers.

One must be mindful that DUI is a serious charge and necessitates one secure counsel in order to avoid conviction, or lessen its impact. In the event one is convicted, the following is what you may face: (1) every first conviction for DUI is of a first degree misdemeanor (the highest level of misdemeanor) and comes with a maximum one year in jail and $2,500.00 maximum fine, (2) upon the first conviction one faces a mandatory fine of $250.00. (3) upon first conviction, driver’s license suspensions are generally one year and may include the installation of an “ignition interlock” device depending upon one’s blood alcohol, (4) jail terms for first offense range from 0-10 days depending upon one’s blood alcohol, (5) upon second, or greater, DUI offense, the penalties significantly increase.

Therefore, in the unfortunate event that you are charged with DUI, many other issues need be dealt with so that the charge does not debilitate your entire life. Dickerson and Smith’s experienced attorneys will work to insure the best defense possible and defend your rights under the law.

Call 757 463 4900 for an appointment today.

Traffic Violations

Traffic Infractions– Speeding, Reckless Driving, and Other Offenses

Unfortunately from time to time many people are charged with a traffic infraction. Guilty or not, you, if charged, will have to make the decision as to whether you want to pay the fine (if pre-payable), or defend the charge and protect your driving privileges. At Dickerson and Smith, our attorneys evaluate each case and offer the most practical advice based on the facts at hand. We want not only to protect your privilege to drive, but also want to help you understand the most practical and economical way to defend yourself if charged with a traffic infraction.

Some Common Traffic Infractions:

Speeding

Speeding, as the name intimates, is driving in excess of the posted speed limit. Speeding is considered a summary traffic offense, and will remain on one’s driving/criminal record for five (5) years.

In every such case, one will be assessed a five dollar ($5.00) per mile an hour in excess of the posted speed limit fine and will be assessed sixty-two dollars ($62.00) in court costs. The number of points assessed to one’s driver’s license varies according to speed as follows:

3 point assessment 1-9 miles per hour over the speed limit
4 point assessment 10-19 miles per hour over the speed limit

Reckless Driving

At the outset, it must be mentioned that reckless driving is a criminal offense, unlike the summary traffic offenses above. If convicted of reckless driving you will have a conviction for a Class 1 Misdemeanor on his or her criminal record for life. Retaining a competent attorney is imperative for such a serious charge.

The Commonwealth defines reckless driving as “driv[ing] a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.” Va. Code Ann. § 46.2-852. In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver. Many effective defenses may be raised in order to undermine attempts by prosecutors to prove these elements. Our attorneys are well versed in many approaches to defending these cases, and advocating for their clients’ best interests.

Virginia law lays out a virtual panoply of instances that the Commonwealth has determined to be reckless in nature. Such examples include: driving a car with bad breaks, passing dangerously, driving too fast for conditions, aggressive driving, an overloaded vehicle or payload, and racing. However, by far the two most common instances which bring about reckless driving are when one has driven in excess of eighty (80) miles per hour or has driven twenty (20) miles per hour in excess of the posted speed limit. Va. Code Ann. § 46.2-862.

The penalty for such infractions are an assessment of a three-hundred and fifty dollar ($350.00) separate fine for each of the following three (3) years ($1050.00 total), a fine of five dollars ($5.00) per mile above the posted speed limit, sixty-two dollars ($62.00) in court fees, a six (6) point assessment on one’s driver’s license, and a probable suspension of one’s driver’s license, and even jail time in some instance. These stiff penalties are serious, and demand one’s retention of quality counsel to avoid or mitigate their impact on one’s life.

For assistance if you are charged with any of these offenses, call Dickerson and Smith today for an appointment at 757 463 4900.