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DISCLAIMER: THE CASES LISTED THROUGHOUT OUR SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. EVERY CASE DEPENDS UPON A VARIETY OF UNIQUE FACTORS.
ANY PREVIOUS OUTCOME DOES NOT GUARANTEE FUTURE RESULTS.

Texting While Driving will be a Primary Offense, Starting July 1, 2013

Fredericksburg.com reports that Virginia Governor Bob McDonnell has reviewed legislation from the General Assembly regarding texting while driving laws.  The Governor made proposed amendments to the bill, which would reduce the fines for the conviction.  Should this bill be signed into law, it would make texting while driving a primary offense as of July 1st. Attorney Tingle of Miller Cerasuolo reports.

Here’s the full announcement:

By July 1, texting while driving will be a primary offense, one for which police can pull you over.

Gov. Bob McDonnell on Monday proposed amendments to a bill creating the offense. His amendments would reduce the fines for convictions.

The bill makes it a primary offense to text or email while driving. Currently doing so is a secondary offense, which means a police officer would have to pull you over for another offense before he could charge you for texting while driving.

A primary offense means police can stop and ticket drivers for just that offense.

During the legislative session, lawmakers—including Sen. Richard Stuart of Stafford and Sen. Bryce Reeves of Spotsylvania—argued against the bill, saying it was too vague and that it essentially allowed police officers to stop drivers just for looking down. They said officers wouldn’t know if a driver was texting, answering a call or using an iPod.

McDonnell’s amendments provide for training for police in how to enforce the law.

He also wants to reduce the fines; the bill originally called for a $250 fine for a first offense and $500 for subsequent offenses.

McDonnell spokesman Jeff Caldwell said McDonnell urges motorists to refrain from all distracted driving. He said McDonnell supports making texting while driving a primary offense but wants to make the fines more comparable to penalties for DUI and reckless driving.

McDonnell has also proposed to amend a bill placing a two-year moratorium on drone usage in Virginia. His amendments make exceptions for law enforcement to use drones—unmanned aerial aircraft—to search for missing people or in emergency situations. He would also exempt universities “or other entities engaged in research and development of this and related technology.” His amendments ask the Department of Criminal Justice Services to develop guidelines for drone usage by police.

McDonnell had until midnight Monday to sign, amend or veto bills. He was not expected to announce his actions on the transportation bill or other high-profile legislation until close to the deadline. Lawmakers will return to Richmond April 3 to deal with his amendments and vetoes.”

Source: McDonnell signs bill on texting while driving

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Speed 14 over the limit.. Charged with a Criminal Offense!

Charge: Reckless Driving, a Class 1 Misdemeanor- 84 mph in a 70 mph zone- a Criminal offense

Locality: Pulaski County, Virginia

In the Pulaski General District Court, our attorney worked with the court to get our client’s reckless driving charge of driving 14 mph over the limit REDUCED to a non-moving violation that carries zero points. He owed zero fines and minimal court costs.

Call us today for a free consultation 804-325-1697 with a friendly and experienced attorney.

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Just like his brother: Tommy Brown Arrested for DUI

“Trouble behind the wheel runs in Bobby Brown‘s family — his brother Tommy was arrested this morning for driving on a suspended license” … TMZ reported.

“Brown’s older brother — who appeared on “Being Bobby Brown” and “The Houstons: On Our Own” — was popped by Henry County PD in McDonough, GA at 5:20 AM. He’s being held on $1,805 bond for the driving on a suspended license charge and one additional charge … improper passing of an emergency/towing/highway vehicle.

The arrest is ironic, when you consider Bobby was sentenced to 55 days in jail earlier this week, stemming from a DUI arrest (his third).”

DUI Attorney Leslee Tingle comments on the charge:

In GA for driving on a suspended license.  TMZ’s report doesn’t indicate why his license was suspended, but typically suspensions can occur for a variety of reasons.  In Virginia, your license can be suspended for failure to pay fines and costs associated with a court case, accumulation of points for traffic infractions, or drug and/or alcohol related convictions.  This charge in Virginia is a class 1 misdemeanor, carrying a maximum penalty of 12 months in jail and a $2,500 fine.  A third or subsequent offense occurring within a 10 year period does carry a mandatory 10 days in jail.”

Source: Bobby Brown’s Brother Arrested for Driving on a Suspended License

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Speeding 83 in a 65 zone, Charged with Reckless Driving

Charge: Reckless Driving, a Class 1 Misdemeanor- 83 mph in a 65 mph zone. A Class 1 Misdemeanor, criminal offense.

Locality: Carroll County, Virginia

In the Carroll County General District Court, our attorney worked with the court to get our client’s reckless driving charge of driving 18 mph over the limit REDUCED to a non-moving violation that carries zero points. She owed minimal fines and court costs.

Call us today for a free consultation 804-325-1697 with a friendly and experienced attorney.

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A Hogan that can’t handle her alcohol

“Linda Hogan insists … downing ONE glass of champagne before getting behind the wheel isn’t enough to put her in the DUI category — pleading not guilty today to driving under the influence after her October arrest.”

TMZ broke the story … “Linda was popped for DUI in Malibu after cops say she was speeding around town with a blood alcohol level of .084 … just over the legal limit in CA.

At the time, a rep for Linda said Linda drank one glass of champagne at a jewelry event that night … on an empty stomach … but she also had taken antibiotics, which exacerbated the effects of the alcohol.

Nevertheless, Linda was subsequently charged with two counts of DUI. She pled not guilty today.

If convicted, she could face up to 18 months in jail … though it’s unlikely she’ll spend any time behind bars since she has no prior DUI convictions.”

Virginia DUI Attorney Leslee Tingle comments on the charges:

“No one knows just how many glasses of booze it takes for one person to get above a state’s legal limit for drinking.  For some, only glass of wine could do it.  That’s what happened to Linda Hogan, who was arrested in Malibu for driving under the influence.  She claims that she had only one glass of wine, but TMZ reports that her blood alcohol content was .084.  Like California, Virginia’s legal limit is also .08.  At that limit, a presumption arises that the accused was under the influence of alcohol intoxicants at the time of the offense.”

Source: Linda Hogan I Was NOT Driving Drunk Before Bubbly Arrest

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“Your office was very easy to work with..”

“Thank you very much for your follow-up.  I will make sure this fine is paid well before the due date. I thank your firm, the attorney and anyone else that may have had a hand in my case.  Your office was very easy to work with, with prompt and informative responses.  Thank you once again.” -M.S. Alexandria, Virginia

Client was charged with Reckless Driving by Speed, 87 mph in a 70 mph zone in Greensville, Virginia. In Virginia, Reckless Driving is a Class 1 Misdemeanor, a Criminal Offense that is often associated with high fines and, in extreme cases, jail time.

The client contacted our firm for a free consultation and decided to retain our services. In court, our Attorney negotiated with the judge and officer and had the Reckless Driving charge reduced to a minor traffic infraction. The client owed minimal fines and court costs.

Call us today for a free consultation to discuss your options with an experienced and friend Attorney 804-325-1697

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Speed Traps in Blacksburg, Virginia

Speed traps in and around Blacksburg, in Montgomery County Virginia:

  • Route 460 west of Pandapas Pond
  • Route 460 right off the Int. 81 exit for Virginia Tech
  • Farmview Drive
  • I-81 Near Exit
  • Prices Fork Rd & Heather Dr
  • 460 Bypass
  • E. Clay St.
  • Harding Ave
  • Patrick Henry Drive near Collegiate Suites
  • Heather Drive Drive
  • South Gate Drive near Airport Road
  • Harding Avenue near Patrick Henry Boulevard
  • Ellett Road near South Main Street
  • State Highway # 52 near State Route # 23
  • Otey Street near Washington Street
  • Patrick Henry Road near Blacksburg Aquatic Center
  • US Highway 460 near Mile Marker 5
  • University City Boulevard near University City Boulevard Post office and Macados
  • Prices Fork
  • Hethwood Drive
  • Givens Lane (right after Mormon House)
  • Tom Creek Rd

For a more detailed list of each speed trap, visit: The National Speed Trap Exchange

By definition, a speed trap exists wherever traffic enforcement is focused on extracting revenue from drivers instead of improving safety, made possible by speed limits posted below the prevailing flow of traffic.

If you were stopped for a traffic violation in Blacksburg, call us today for a free consultation with an experienced and friendly Attorney: 804-325-1697

As a courtesy to all drivers, our firm will be posting information on existing speed traps in the jurisdictions in which we practice weekly. Check recent posts for county and city specific speed traps. All speed trap information was extracted from the National Motorists Association. All Blacksburg speed traps were suggested by motorists.

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What factors does a judge consider when he hears a traffic case?

The judge takes in account all of the following when making a ruling:

  • Your interaction with the officer
  • Driving history over the past five years
  • Your speed
  • Road conditions at the time of the stop
  • Any other extenuating circumstances

A Virginia traffic judge takes a lot into account when hearing a case before he makes his decision. Having an attorney that knows the judge could be the difference between guilty and a dismissal.

For example, if you were pulled over because you were driving erratically and the weather conditions were fine that day, the Judge may think that you were endangering yourself and others on the roadways and not show leniency. Thus finding you guilty of reckless driving.

In this case, an Attorney might point out that you have an excellent driving record and your interaction with the office was cooperative. These small factors can change a judges decision when deciding the outcome of your case. Instead of finding you guilty of reckless driving, he might give you a break and reduce it to a non-moving violation to save you points on your clean record.

You could have a clean record, but you were uncooperative with the officer, so he may not consider the best reduction because of your interaction with the officer.  Perhaps you have a few driving offenses in the past few years on your record, but you were polite and cooperative with the officer, the judge may reduce the charge just based on your positive interaction with the officer.

No one knows the judges more than the Attorneys at Miller Cerasuolo. Our Attorneys see the same judges sometimes three times a week.

Call today for a free and honest consultation with an experienced Attorney: 804-325-1697

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Should I do community service to help reduce my traffic ticket?

Often, we have clients that want to continue (extend the date) on their court date to allow time to log some community service hours prior to their hearing, in hopes of a lower reduction.

During your consultation with an attorney, they will advise you on whether the judge in your jurisdiction will issue community service as part of your punishment, or if it is a good idea to start logging hours prior to your case.

It is important to speak with an experienced attorney regarding this matter before you do anything else.

Call us for a FREE CONSULTATION 804-325-1697

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Pulled Over for Speeding in Montgomery County, Virginia; Charged with RECKLESS DRIVING

Charge: Reckless Driving, a Class 1 Misdemeanor, Criminal Offense, 6 points on Motor Vehicle Report- 81 mph in a 65 mph zone

Locality: Christiansburg in Montgomery County, Virginia

In the Montgomery County General District Court, our attorney worked with the court to get our client’s Reckless Driving charge of traveling 16 mph over the limit reduced. The charge was reduced to a non-moving violation that carries zero points. The client owed minimal fines and court costs.

Call us today for a free consultation 804-325-1697 with a friendly and experienced attorney.

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RECKLESS DRIVING
Miller.Cerasuolo PLLC

Miller Cerasuolo, PLLC
558 Southlake Boulevard
Richmond, VA 23236


Phone: 804.325.1697
Fax: 866.480.1626

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