Va trafic Attorney needed | FerrariChat

Va trafic Attorney needed

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by daoman, Apr 10, 2011.

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  1. daoman

    daoman Karting
    Rossa Subscribed

    Sep 21, 2008
    228
    Washington DC area
    In a act of pure stupidity I was issued a ticket going 91 in a 55 on the Dulles toll road. The ticket was issued by the Airport Authority and the court witch I am summoned to appear at is in Fairfax county. Here is the short story. I need to drop off my F430 for a detail and I let my friend drive it out while I followed him in my BMW. It was early (7am) on Saturday and the roads were empty..... you can guess the rest of the story. I have read all the past posts on this topic and have made a list of the Attorneys that people have mentioned in the threads. Some of the posts are over 3 years old and I wanted to gather some recent comments on the following Attorneys. I also added some other Attorneys that friends have used. All comments are welcome as I now know how serious of an issue this is.

    Robert T Dearborn

    Tom Carter

    Steve Merrell

    Brian Frank

    Peter Greenspun (Over kill ?) He was the DC sniper Atty.

    Or anyone else you think could be of help.

    Thank you in advance for your help

    Nick
     
  2. toggie

    toggie F1 World Champ
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    Nov 30, 2003
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    Toggie (Ron)
    #2 toggie, Apr 10, 2011
    Last edited: Apr 10, 2011
    Well, the good news is your ticket is for less than 100 mph.

    The bad news is it is for 36 mph over the limit and 20 mph or more over the limit is reckless driving in VA.

    A while back, the outer Dulles Tolll Road was handed over to the Metro Airport Authority Police, which used to handle only the inner part of the Toll Road that went to the airport.
    Now, there are 10 times as many police on the outer Toll Road than there used to be.
    It is way too easy to get a speeding ticket there now.

    The list of lawyers you have still sound like good ones.
    Make sure you use a lawyer for this.
    As you know, reckless driving is the same level of crime as your first DUI here in VA.

    Good luck and keep us posted.
    Sorry to hear the news.

    I have a good attorney reference if it was in Loudoun County, but it sounds like you are going to Fairfax County Court.
     
  3. g4titan

    g4titan Formula 3
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    Feb 6, 2010
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    Nico
    That sucks... so you got pulled over not the F430? This will probably cost you a pretty penny, good luck with the lawyer search. The Toll Road is a Radar Detector must!
     
  4. daoman

    daoman Karting
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    Sep 21, 2008
    228
    Washington DC area
    Yeah I was in my 530i. What is the deal on radar detectors in VA anyway. Do the cops have radar detector, detectors? Can they confiscate the detector? Can the stop you for having one or is a secondary offence.
     
  5. daoman

    daoman Karting
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    Sep 21, 2008
    228
    Washington DC area
    Toggie,

    Thanks for the reply. I read some of your posts in my research, I had no idea that I could spend some time in jail for this. Most of the people I have talked with have said that it is unlikely but still jail time for a speeding ticket? Man I just had no idea. Thanks again for your help.
     
  6. toggie

    toggie F1 World Champ
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    Nov 30, 2003
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    #6 toggie, Apr 10, 2011
    Last edited: Apr 10, 2011
    Yes, they have radar detector detectors.
    Possession of a radar detector is illegal but most of the police let you slide if it is powered off.

    I have a built-in one in my 550 which I of course keep powered off within VA.
    Honestly, I do. Really. You don't believe me?
    Well, it us powered off quite a bit, anyway. :)
     
  7. Bryanp

    Bryanp F1 Rookie

    Aug 13, 2002
    3,822
    Santa Fe, NM
    Tom Carter or John Primeau. Primeau has helped a couple of guys on this board; he was a VA prosecutor in the 80s and 90s; does lots of traffic/criminal defense in Fairfax and Prince William, is also a substitute judge in Prince William. I'll get you his number tomorrow morning.
     
  8. wahoowa

    wahoowa F1 World Champ
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    Aug 7, 2008
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    Bill
    I can tell you that a V1 cannot be detected by the VG1 (radar detector detector) - even door handle to door handle.

    I also recall one cannot "shoot" K while monitoring. Laser, I don't know.

    A "dipping" hood or cabin illuminated at night will, however, get you pulled.
     
  9. VT DMC

    VT DMC Rookie

    Jan 8, 2004
    21
    Ashburn, Virginia
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    Wilmoth Mack
    I would recommend Eric Clingan, helped me out of a jam and he is located right around the corner from the Fairfax Court house.

    http://novatrial.com/
     
  10. daoman

    daoman Karting
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    Sep 21, 2008
    228
    Washington DC area
    Bryanp,

    Thanks for the help! A phone number would be great.
     
  11. Rafienva

    Rafienva Formula Junior

    Oct 18, 2004
    485
    North Palm Beach, FL
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    Ralph(Rafi) Cestero
    John Graham. Fairfax 703.591.7670 Has been doing this for some time. Was also sitting judge at one point.
     
  12. WilyB

    WilyB F1 Rookie
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    Feb 23, 2007
    4,272
    AZ
    http://www.yeagerlaw.com/biography.html

    Mark Yeager got a member of my family out of a 85/35 right nearby exit 14 on the Dulles Toll Road.

    Address:
    10521 Judicial Drive, #200
    Fairfax, Virginia 22030

    Phone: (703) 385-2880

    I would highly recommend him.
     
  13. toggie

    toggie F1 World Champ
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    Nov 30, 2003
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    I hate the 35 mph speed limit zones right before & after the toll gates on the Dulles Toll Road.

    99.9% of the drivers are doing 55 mph to 65 mph as they pass the 35 mph signs.
    There is no reason to slow up to 35 mph that early.
    They should be forced to do a traffic study and make the speed limit signs much more realistic.
     
  14. anthem

    anthem Karting

    Jan 12, 2009
    195
    Williamsburg
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    Ed
    Virginia uses Spectre for RDD, and the V1 can be detected easily (and from quite a distance). If they are looking for it, they'll find you and you won't know it as the people operating RDD's are not shooting radar. They are more likely found right at the borders entering Virginia 85/South Hill, 95/Emporia, and 495. There aren't many, but they are out there and Spectre can easily find V1's. They so far can't detect the 9500ci/ix/ STiR/Plus series, but that might be a matter of time as well, so we'll see.

    That being said - a RD ticket in Virginia is like $25, but usually ends up being $100-$110 after court costs are factored in. Still possibly worth running as if it saves you a one time, its worth more than several of these tickets. They don't confiscate the radar detector but record the serial number down for evidence and hand the RD back to you. if you don't get off, the possession of the RD shows up on your driving record but no points. I have no idea how long it stays on there (still waiting to see if it comes off and when).
     
  15. Bisonte

    Bisonte F1 Veteran
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    Mar 27, 2007
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    Ouch, good luck with that. I have a buddy got a reckless ticket for 96/55 on the ramp from the Greenway to the Toll Road.

    He shelled out some big bucks for an attorney who recommended getting his speedometer calibrated. That shaved off a few MPH, but he still got three days in jail. He got out a day early for good behavior, but still spent one night and two days in the Loudoun County clink.
     
  16. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,894
    I have used both John Graham and Tom Carter. Neither did a very good job, unfortunately. PM me if you want specifics.

    That said, my experience is, in FFX, anything over 90mph is jail time. Unwritten rule is 2 days for every mph over, IIRC (and for every day served, you get credit for having served two, so you're looking at one day). For you, though, as you're right on that cusp, you might be able to haggle it down a bit and escape the worst of it. However, remember that speeding (even if convicted of reckless) is not a crime of moral turpitude. It's a hassle, but it shouldn't have as bad an impact as you imagine.

    You'll likely lose your license for an extended period (or get a restricted one), pay a stiff fine, and lose points (of course) on the license. But, jail time is certainly a possibility. I doubt a PBJ is possible.

    That said, wait until AFTER the DMV assesses the points on your license to go to the NOVA driver class. Otherwise, the points may not accrue (depending on how many + points you have now), and you cannot re-take the course for some period. Typical bureaucratic stupidity, if you ask me.

    One final thought, and I caution you on this though, you can always try to go for a not guilty verdict on the reckless. In VA, anything 20mph or over 80 is considered reckless (as the law is written). However, there is now case law (Montana, maybe?) that speeding, in and of itself, is not reckless. As it's not VA case law, it's not controlling (and, IIRC, that was a bench trial, as opposed to a jury trial), but you could roll the dice. It's risky, though. That said, I think it's high time the public pushed back against FFX. Their approach to high rates of speed is thoughtless and dogmatic. They need to get their heads out of their auspuffs. However, I'd very carefully weigh the risks before going that option.

    CW
     
  17. turbos7903

    turbos7903 F1 Rookie

    Mar 16, 2006
    3,742
    delaware
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    jon walton
    Well I went through this exact senario last August. I used John Primeau. He was great. The ticket was reduced to 74 in a 55.The fine and court cost was $350 and the points transferred to my home state but in Delaware that meant two points. I paid John $1500 to defend me. I didnt go to court he went on my behalf. So for less than two grand and two points ( depends on your home state) you will make this a painful memory. Dont sweat it....but you probably will anyway. Jon in Delaware. QUOTE=Bryanp;140433806]Tom Carter or John Primeau. Primeau has helped a couple of guys on this board; he was a VA prosecutor in the 80s and 90s; does lots of traffic/criminal defense in Fairfax and Prince William, is also a substitute judge in Prince William. I'll get you his number tomorrow morning.[/QUOTE]
     
  18. daoman

    daoman Karting
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    Sep 21, 2008
    228
    Washington DC area
    Thanks everyone for the replies. I forgot to mention that I am a MD resident with no points and one 15 MPH over in VA 1 year ago and a failure to attach a front tag, maybe that changes things. I have accepted the fact that I most likely will spend 1 day in jail and pay a pretty good fine. The one thing I want to know is if he was using radar how could he get both of us going the same speed passing a car? I guess that is a question for the attorney which I am going to start the search for tomorrow.

    Thanks again for the help

    Nick
     
  19. daoman

    daoman Karting
    Rossa Subscribed

    Sep 21, 2008
    228
    Washington DC area
    Thanks everyone for the replies. I forgot to mention that I am a MD resident with no points and one 15 MPH over in VA 1 year ago and a failure to attach a front tag, maybe that changes things. I have accepted the fact that I most likely will spend 1 day in jail and pay a pretty good fine. The one thing I want to know is if he was using radar how could he get both of us going the same speed passing a car? I guess that is a question for the attorney which I am going to start the search for tomorrow.

    Thanks again for the help

    Nick
     
  20. fou

    fou Formula 3

    Feb 1, 2007
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    #20 fou, Apr 12, 2011
    Last edited: Apr 12, 2011
    General rule of thumb in Central Virginia is you are flirting in the jail area, but a lawyer who practices in the court you are appearing can usually get it knocked down to 10-19 with driving school so long as you have a decent driving record and you did not give the cop a hard time. Factors that are considered in making those deals are traffic conditions, driving conditions, racing, and whether you were an ass to the cop. Up at 95+ it becomes a victory to keep your license and out of jail.

    The key is finding a guy who appears in those courts regularly. Robert (E60 M5) has a buddy who is a state trooper and he may know some of the regular lawyers in Fairfax. Robert knows that I know what I am talking about.

    Another factor you cannot control is the judge who hears the case. Some judges are stricter than others and have their own pet rules concerning this. Any good lawyer in the area who practices in front of those guys can steer it to the right judge by continuing it to the "right" date and time.

    While these are central Virginia rules, they mostly apply to all the courts in Va. including up there in lala land.

    And yes, I am a criminal lawyer. hehehe I know a few guys who practice up there, but they are *******s and would not bother giving you their names. Most of the good traffic lawyers you find around are low key and do not necessarily advertise too much as word of mouth serves them well. Some of the guys who flood the airways and send you letters are useless. Have to get to bed as I have a jury tomorrow for a guy who tried to take a gun from a state trooper at a traffic stop. You do not get driving school for that.

    Edit: it helps if you provide your own driving record as you are out of state licensed. VCIN and NCIC will not necessarily show up on the Virginia driving records and, if you are clean, a Judge will take that into consideration. Go to your MD DMV and get a driving record if you are proud of it, but do not bother if it is a "toe tickler" (one that hits the floor when you unroll it)

    Edit #2 Just read your other post: generally some cops write on the ticket an (R) next to the speed for their own reference which means RADAR. Or an (L) for laser. They are not required, but normally do out of practice for the court to see on the ticket. As to the two cars, some RADAR can lock two cars, but it depends on the equipment they are using.

    Edit #3 looks like Bryan and Wily just hooked you up, both sound like what you are looking for, guys who know the local courts and Judges
     
  21. Bryanp

    Bryanp F1 Rookie

    Aug 13, 2002
    3,822
    Santa Fe, NM
    Nick, I sent you a pm yesterday. Let me know if you did not get it.
     
  22. DennisForza

    DennisForza Formula 3

    May 23, 2006
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    The judge will take into account that it was the wide open toll road at 7am. You will get a fine, you will not likely lose your licence or do any jail time. I have been ticketed for faster in Fairfax.
     
  23. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,894
    Yeah, that's what I thought, too...

    Didn't matter to the Judge. Not one bit. And, it's not just the Judge. Also the prosecutor.

    Seriously, you guys aren't listening. FFX is dogmatic.

    CW
     
  24. DennisForza

    DennisForza Formula 3

    May 23, 2006
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    Who was your judge?
     
  25. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,894
    I'd have to look that up. However, counsel advised me that you've got two choices: bad and worse...

    CW
     

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