Our Firm represents clients in a number of traffic cases, including the following:
- Speeding
- Reckless Driving
- DUI
- Driving on a revoked/suspended license
- Hit & Run
- Refusals
- Obtaining Restricted Licenses
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Driving under the influence , or DUI, is becoming one of the most loathsome crimes in the traffic court. Pressured by groups such as MADD, DUI offenses are being taken more and more seriously by the legislature and courts. Increasingly, judges and juries seem willing to "throw the book" at those caught drinking and driving, which is why it is critically important to have good and thorough representation. The law now provides mandatory minimum sentences for 2nd and subsequent offenders, and a third and subsequent offense is a felony. The law also provides a mandatory jail time of five days for offenders whose Blood Alcohol Concentration (or BAC) is at least a 0.15 and up to a 0.20. Those who have a BAC greater than 0.20 are subject to ten days mandatory jail time.
Mr. Wegman understands DUI law in Virginia regarding adult drivers and the law relative to minors. He also knows what is expected of police officers in administering field sobriety tests or breath tests. He will make certain that officers followed proper testing protocols, and he will insist that an accused receive a fair trial. Simply put, everyone is entitled to the presumption of innocence, a fair administration of the field sobriety tests, unbiased police officers, and most important, a fair trial. Mr. Wegman strives to ensure that these fundamental principles were and are followed.
The devil is truly in the details when it comes to DUI offenses. It is critically important that an attorney determine whether any prior convictions are admissible, whether there was probable cause to stop a vehicle or to arrest the person, and whether the Intoxilizer was properly administered.
Mr. Wegman is a hard-charging attorney who knows the nuances of the National Highway Traffic Safety Standards for administering field sobriety tests. He will hold the Commonwealth's feet to the fire in every critical area to ensure you have a full and fair hearing.
Driving on a revoked or suspended license. Many people are shocked to learn that this offense is a Class 1 misdemeanor, meaning that it is punishable by up to 12-months in jail and a $2,500.00 fine. Courts take these charges very seriously. The "I was simply driving to work" defense does not cut it in a court of law. A third or subsequent offense carries a mandatory ten days in jail. That is, if you are found guilty of a 3rd or subsequent offense, the Court has to give you at least 10 days in jail, but can award up to 12 months. The Court cannot suspend any of the mandatory time. Moreover, the law in Virginia concerning misdemeanors is that one day of good time credit is awarded for each day served. Therefore, under usual circumstances if one received a 10-day sentence he or she would serve 5 days. Such is not the case with mandatory time, however. If a person receives a 10-day mandatory sentence, he serves all 10 days.
Mr. Wegman will look into your record to determine whether proper notice was given and he may be able to assist you in obtaining a license before court. Having a license can sometimes result in a reduced charge or dismissal.
Reckless Driving. There a number of different reckless driving charges ranging from reckless by speed, to driving in a careless and reckless manner, to not putting on a turn signal when changing lanes.
The most common type of reckless driving charge, however, is reckless by speed. An officer can charge a driver with reckless driving any time the driver exceeds the posted speed limit by 20 miles per hour or more. Reckless can also be charged when a person drives over 80 mph regardless of the posted speed.
Reckless driving is also a Class 1 misdemeanor, and most clients are shocked at the prospect of going to jail for up to 12-months for driving too fast. Judges hear every excuse in the book from "I was driving with the flow of the traffic" to "the officer must have clocked the wrong person" to "the officer is lying." Simply put, these so-called defenses do not work. You should contact Mr. Wegman so he can assess your case and tell you what does work. He has a proven track record of success and gets a lot of frequent fliers. People come back time and again, because Mr. Wegman gives them honest answers and positive solutions to their problems.
Call Mr. Wegman today to discuss the particulars of your case and to see what he can do for you.