Fairfax County Traffic Attorney / Lawyer Recommendation | Page 3 | FerrariChat

Fairfax County Traffic Attorney / Lawyer Recommendation

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by M3-ADDICT, Jun 11, 2008.

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  1. wetpet

    wetpet F1 World Champ
    BANNED

    May 3, 2006
    10,210
    i think you better bone up on your shiv skills.
     
  2. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    I'm glad you find other people's taught time very amusing.
     
  3. 355dreamer

    355dreamer F1 World Champ
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    Apr 3, 2006
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    I find it amusing too...

    ;)
     
  4. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    You guys have all helped me a lot. Now I have some questions. Say worse case scenario, the judge doesn't like me at all and my lawyer can't do anything for me. I get the 20 days of jail or that 10 actual days. Am I given time to turn my self in or am I going straight to jail from the court. Also when can I appeal, do I do it in front of the judge? Lastly when you appeal, do you get less punishment the second time around and should you stay with the same lawyer?
     
  5. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,894
    #55 CornersWell, Jun 13, 2008
    Last edited: Jun 13, 2008
    Regarding your record, I don't really see it changing much of anything. Won't help, for sure, but it's not too bad, either. When did you last take the Safe Driver Course and get credit for it? Can't remember how many + points you get, either. Anyway, probably still best to wait on taking the course until the - points hit the license courtesy of the DMV.

    You are not taken into custody at the hearing, generally, and you are given some time to get your matters in order before processing, but it's dependent on how the judge feels and what your attorney arranges for you. If you can arrange for the weekend deal, you just show up when you need to. Your attorney will advise you about whether you should expect to go immediately, though. If you lose, your attorney would file a notice of appeal immediately, although I believe he would have a week to do so. That will stay any punishment. When you go to a jury trial, it's a totally separate proceeding. It's as if you never even went to traffic court. You will have a different judge, a jury and probably also a different prosecutor. They will call the officer to give evidence. Your attorney will do his best to argue against the evidence. Generally, in traffic court, the judge ALWAYS takes the word of the officer over the word of the accused. A jury might not. You can take the stand, or not. However, if you take the stand, you may inadvertently incriminate yourself. So, your attorney should prep you for it. You can hire another attorney for it, if you wish. Once the case goes to the jury and they come back, that's it. The judge will give you a sentence, if you're guilty. The prosecutor may be willing to bargain down a bit before a verdict, but probably not too much at that point. Of course, it's dependent on how they feel about their case. The punishment is usually more harsh after a guilty verdict at trial. However, there are always exceptions. You should discuss these matters with your attorney, though, to get a full understanding of the risk of sentencing. Also, while attorneys will usually tell you about the effects of a guilty verdict, they mostly don't tell you about all the secondary and tertiary damage and repercussions. You have to understand these, too, so you can fully judge the impact. For instance, what, if anything, must you disclose to employers? Would you lose your right to vote? And so on.

    Also, if you do go to trial, the cost of the representation is in addition to the attorney's appearance at traffic court. If an attorney represents you in traffic court for, say, $1500, expect something more like $4500-5000 for the trial. Get it all in writing, though.

    CW
     
  6. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Dec 10, 2003
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    Dave M.
    When you are a giant WISE ASS just about all the time, it can come back to bite you.

    I'm relatively amazed that you've gotten as many helpful answers as you have, considering your history here.

    Actually, that only wetpet has busted your balls is nothing short of astounding.

    DM
     
  7. E60 M5

    E60 M5 Moderator
    Moderator Owner

    Jan 2, 2006
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    Wash DC area
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    Robert
    I have been in the courtroom in Fairfax plenty of times to testify for the county in many a drunk driving case. Usually the defendant will confess to use as firemen regarding how much they have had to drink. Waiting for our trial I have seen many a person locked up. Sometimes they are there on a "continuance" hoping for a better judge, I think max is 3. However, once you actually go to trial, if you are convicted they take you right then and there, do not pass go and do not collect $200!!!! The look is priceless!!! The judge will always warn the defendant that he can impose a jail sentence in the case before proceeding.

    Good luck.


    Robert
     
  8. 355dreamer

    355dreamer F1 World Champ
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    Apr 3, 2006
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    When's the trial? I think we should all go...

    Can we nominate this as thread of the month?
     
  9. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    Thanks boy, I just had my appointment with Merill, great guy and looks like he knows what he is doing. I have my appointment with Carter this upcoming Monday. I might do one with John Graham as well. Which one would you guys recommend being the best? It seems as though Carter and Merill are top notch.
     
  10. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    Lol, that would be funny. I'm looking to go on Monday and sit through a few cases to see what type of things the judge wants to hear and what makes him angry. Also I'm a big *****, so hopefully this will make me less nervous on my court date.
     
  11. toggie

    toggie F1 World Champ
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    Nov 30, 2003
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    #61 toggie, Jun 13, 2008
    Last edited: Jun 13, 2008
    Edit - text deleted by toggie.
     
  12. THE BEAST 360

    THE BEAST 360 Formula Junior

    Jul 17, 2005
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    Maryland
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    Nathan K
    +1 I held back ;)
     
  13. KKRace

    KKRace Formula 3

    Aug 6, 2007
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    Rockville/Olney MD
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    Kevin
    I saw one guy confess to having "only a sixpack" and claiming it takes a lot more than that to get him drunk. Hopefully you kept your mouth shut since he most likely wrote down everything you said that could be used against you. Your lawyer can find out if the car had a camera in it. The rules in State Po in MD say they are supposed to anounce if they have a camera and are recording when they approach the car.
     
  14. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    Wow, I have been sober for 21 years (Alcohol & Drug). That's a little pitch I have for the judge as well.
     
  15. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    Now this officer has a lot of my information written on the ticket wrong. My birthday, car's information etc. Is there a possibility, it won't be recorded in the system because they can't find the right car or person to tie the ticket to. I guess this is a "285ferrari" question.
     
  16. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Nope.

    Just about every state has changed the law to allow for significant leeway when it comes to ticketing error.

    My kid got a ticket in PA with maybe 4 clerical errors on it and still couldn't wiggle out. (At least not for those reasons.) Lawyer said don't even bother to try that.

    DM
     
  17. barcheta

    barcheta F1 Rookie

    Nov 15, 2003
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    As long as they have your name, tag and DL# correct they'll find you....
     
  18. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,894
    Irrelevant. You get VERY little credit for obeying the laws you're supposed to obey.

    CW
     
  19. toggie

    toggie F1 World Champ
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    Nov 30, 2003
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    Is there anything you can do prior to the court date to somehow show to the judge that you've actually learned a lesson from getting the ticket? That you are actually contrite, that is, about being reckless, taking chances with other innocent people's lives who share the road with you, and that you are highly unlikely to ever do something like that again on public roads.

    Msoltanian's idea of putting his M3 up for sale as a result of getting the ticket is an interesting one. Would that show the judge how seriously concerned a person is to have been cited for going over 100 mph?
     
  20. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    I've taken the Driver's Improvement course voluntarily before. I have a few months left until I can retake it. Putting the car for sale, speed calibration, driving record, free criminal background, and trying to be a good drive for the next 3 months are some things that can help me so far. Hopefully I can show the judge that I've been giving back to this country by working since 16, and how I have only two more semester to graduate would hopefully work out as well.
     
  21. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    Aaa damn

    Yep, it's got all that correct.

    Truth, but I can throw anything I have to get some credit.
     
  22. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
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    Dec 10, 2003
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    Dave M.
    What's the attorney say?

    I would think taking the driver safety course might help.

    I'd do as many things proactively that I could. Good faith efforts to clean up your act in this regard should help and certainly can't hurt.

    Sell the M3, buy a Prius (assuming you can find one.)

    DM
     
  23. 285ferrari

    285ferrari Two Time F1 World Champ
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    Sep 11, 2004
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    Robbie
    In cases of motorcycles going 100+---judges here in MD will take that in consideration--many times I have seen guys come into court showing the bike has been sold, so no chance of it happening again---not sure how that works with VA judges, don't know VA traffic law....

    I could add alot to this thread, but you guys are doing a knockout job!!! :D
     
  24. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    We looked at the distance where the ticket occurred and he said, it was too short of a distance for me to go that speed. He said, officers put max speed for paces so even the judge knocks it down by 10-20, you'll get fined. That's one angel he is going to tackle at, then my speedometer calibration is the next thing and lastly my driving record. Anything after that (Selling Car, Good kid, etc) will hopefully close the deal.
     
  25. M3-ADDICT

    M3-ADDICT Formula Junior

    Aug 13, 2006
    986
    NOVA
    #75 M3-ADDICT, Jun 14, 2008
    Last edited: Jun 14, 2008
    Have you ever had anyone come talk to you a few min before their hearing. Does it do anything for you? I want to go talk to the sherif guy and say, I'm sorry please help me out in there. Oh and please add whatever you have, the more I can absorb the better.

    Edit: From experience, what kind of questions does the judge ask? Is there a place where I can see some questions so I can prepare my self accordingly. If I have a lawyer, will he be doing all the talking or am I involved more? Thanks
     

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