The Law Offices of Joseph T Brown PLC

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      • I Have A Reckless Driving Charge – What Now?
      • Speedometer Calibration for Reckless Driving and Speeding Cases
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    • Virginia Divorce: Property Settlement
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by Joseph Brown

Criminal Defense Attorney

Criminal Defense Attorney in Fredericksburg, Virginia

When you have been charged with a crime you need a criminal defense attorney to protect your rights and to help you obtain the best outcome possible. A criminal conviction can lead to prison and fines. A conviction can affect the rest of your life.  Since the stakes are high, you need an attorney who has the ability and experience to provide quality representation. You deserve a trial attorney who knows how to fight for you in the courtroom. You also need someone who knows how to negotiate for you. Finally, you need a criminal defense lawyer who sees you as more than just a client. Someone who will advise and assist you through the process, and who will take care of your needs and address your concerns.

We Are Here to Help You

Since 2001 the Law Offices of Joseph T. Brown PLC has been providing the high quality legal representation that you need. We will do every thing possible to obtain the best outcome for you, and to minimize the impact of your criminal charge. If your case requires a battle in the courtroom, we have the skills and experience to fight for you. If you are better served by reaching an agreement, we will provide highly effective negotiation for you. We have helped thousands of people, and we are ready to help you. There is hope, even when the situation seems hopeless. The Law Offices of Joseph T. Brown PLC provides the representation that you deserve when everything is on the line.

Our office is located in Fredericksburg, Virginia. We represent people charged with all felony and misdemeanor offenses.  We usually provide legal services in Stafford, Spotsylvania, Caroline, King George, Prince William, Fairfax, Hanover and Louisa courts.

Call Today for a Free Consultation for Criminal Charges

We provide free consultations for anyone seeking a criminal defense attorney. Call today at 540-786-7700 and discuss your case with Mr. Brown. Since the law is rarely black and white, there might be defenses or options that you haven’t considered. Even if everyone is telling you that you are going to jail, we can give you a second opinion. All criminal consultations are free and completely confidential.

feature photo by Phil Roeder

Filed Under: Criminal Tagged With: arrest, burglary, court, criminal law, distribution, drug offenses, drugs, dui, felony, felony process, firearms, jail, larceny, legal rights, misdemeanor, possession, probation violation, reckless driving, robbery, trial

by Joseph Brown

Speedometer Calibration for Reckless Driving and Speeding Cases

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Speedometer Calibration

In this article I will discuss the following issues regarding speedometer calibration for reckless driving and speeding cases: Should the Speedometer be Calibrated? Where to get a Speedometer Calibration, and how to read a Speedometer Calibration. The following is provided for informational purposes only, and is not legal advice. If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation.

It happens all the time. A person gets pulled over for speeding, the police officer informs them of the speed that they were going, even though the speedometer showed something different.

Car manufactures usually calibrate speedometers to show a speed that is a little higher than the actual speed, to give drivers some margin for error. Federal law allows factory speedometers to read 10% higher or lower than the actual speed (49 CFR 393.82).

https://www.law.cornell.edu/cfr/text/49/393.82

Speedometers can show the wrong speed

There are several factors that can cause a speedometer to show a speed that is incorrect. One major factor is the age of the car, as many times older vehicles with a lot of miles and wear on them will have speedometers that are not as exact as they used to be.

After-market tires and rims can also cause the speedometer to show an incorrect speed. If the wheel diameter is larger than the stock wheels, then the speedometer is going to show a speed that is lower than the actual speed. The difference in speedometer reading for non-stock tires can be calculated here:

http://www.instrumentclusters.com/#!speedometer-calculator/g5w1j

Other factors include tire wear, tire temperature and pressure, and load on the vehicle.

Speedometer Types

There are two basic types of speedometer mechanism, mechanical and electric. Both types are affected by the factors that are described above, especially tire diameter.

Cars older than 30 years or so used a mechanical method of determining speed of the car. A cable was attached to a gear mounted on the transmission, and the cable rotated inside the speedometer housing that created a magnetic field that would pull the speedometer dial to show the speed of the car.

Electrical speedometers, used on most cars on the road today, are controlled by the car’s ECU and measures pulses generated within the transmission by magnets located on the transmission’s output shaft. The car’s computer reads the magnetic field pulses to measure the rotational speed of the driveshaft and determines the speed of the vehicle.

Testing the Speedometer

Before paying for a speedometer calibration, a speedometer can be tested to see if it is not showing the correct speed. This method is not exact, but it can help determine if the car should be put on a dynamometer to be tested.

A measured mile is required. There are mile markers on the interstate highways and on some county roads. This method should only be used if it can be done in a safe manner.

At the beginning of the measured mile, take note of the odometer reading or reset the trip odometer to 0.0. At the end of the measured mile, take note of the odometer reading or the trip odometer reading.

If the odometer shows more than a mile was traveled, then the speedometer is showing a speed that is faster than the actual speed. If the odometer shows less than a mile was traveled, then the speedometer is showing a speed that is slower than the actual speed.

Speedometer Calibration Dynamometer

The best way to show in court that a speedometer is not showing the correct speed is to have a speedometer calibration certificate. Any automotive shop with a chassis dynamometer can test the speedometer and produce a certificate showing the speed that the speedometer displays at actual tire rotation speeds.

Generally speaking, a dynamometer is a device that measures force, torque, or rotational velocity. A chassis, or rolling road dynamometer is a specific type that is used for automobiles for many purposes, including calibrating a speedometer.

https://en.wikipedia.org/wiki/Dynamometer#Chassis_dynamometer_.28rolling_road.29

The chassis dynamometer will rotate and specific speeds, and the speedometer reading is noted at each tested speed, and recorded on the certificate.

How to Read a Speedometer Calibration Certificate

Most courts will allow a speedometer calibration certificate to be presented to the judge without a representative from the automotive shop present to verify that the certificate is authentic. However, before a certificate is presented to the judge, it should be examined closely to determine if it is actually helpful, and not harmful.

The speedometer calibration certificate will show several tested speeds, from 10 mph up to 70 or 80 mph. For each tested speed, the speedometer reading will be displayed.

If the speedometer reading is exactly the same as the tested speed, then the speedometer is working perfectly and the certificate is not helpful to defend a speeding ticket. If the speedometer shows a speed higher than the tested speed, then the certificate is actually harmful to a speeding case, since the driver had reason to believe the vehicle was traveling faster than the actual speed.

A useful speedometer calibration certificate will show a speedometer reading that is slower than the actual tested speed. In most cases the judge will give credit for the error in the speedometer reading, and lower the speed charged by the police by the same amount.

Where to get a speedometer calibration

There are several automotive shops in the Fredericksburg area that have a chassis dynamometer and can test the speedometer and produce a speedometer calibration certificate.

Southern Electronics
http://www.instrumentclusters.com/#!faq/aabrx

Brauning Automotive
http://brauningautomotive.com/performance.html

Burton’s Automotive
http://burtonauto.tripod.com/

Speedometer Testing and Calibration Center, Richmond, VA
http://www.speedotest.com/

Falls Run Car Care Center
540-899-6800
1314 Princess Anne Street
Fredericksburg, VA 22401

M&L Auto Inc.
http://www.mlautoinc.com/contact

Speedometercalibration.net, Sterling, VA
http://www.speedometercalibration.net

The Next Step

If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation. We will discuss your particular case and I will help you identify ways to defend your case and tell you what you can do before trial to give you the best chance to have the ticket dismissed or lowered to help avoid potential jail sentence, loss of license, and help you save money in fines, fees and increased insurance costs.

Photo by Sarah Sphar

Filed Under: Reckless Driving in Virginia, Slider, Traffic Tagged With: Dynamometer, How To Read Speedometer Calibration, reckless driving, Speeding, speedometer calibration, virginia

by Joseph Brown

I Have A Reckless Driving Charge – What Now?

Reckless Driving in Virginia

Reckless Driving Charge in Virginia

If you have a Reckless Driving Charge, you should contact a lawyer to discuss your particular case and to learn how your case can be best handled in the courtroom at your trial.  You can call our office at 540-786-7700, my personal cell phone at 540-760-8725 or send us an email to schedule a free consultation for your reckless driving ticket.

Every case is different, and no website can tell you everything that you need to know. This website certainly isn’t intended to tell you how to handle your own case, and isn’t meant as legal advice.

There are several things that are often helpful if you are charged with Reckless Driving. These include the following:

  1. When you are being pulled over, it is always a good idea to be polite and cooperative with the police officer. They is just doing their job, and a big part of that job is to help keep the roads safe. The police don’t have anything against you personally, and it doesn’t cost you anything to smile and to be nice to them. They have no idea what they are going to find when they walk up to a car, and their job can be very risky. Do your best to put them at ease and to make the the stop as pleasant as possible. When you get in the courtroom, if you were polite and cooperative it can help you a great deal. Note that you do not have to ever agree to be searched, or to have your vehicle searched, and you never have to make any statements that could incriminate you. However when you decline an officer’s request for a search or to make statements you can still be polite and treat them with respect.
  2. Keep your hands on the wheel until they are at the window, don’t go digging into your glove box for your registration as soon as you get pulled over. Nothing makes a police officer more nervous than to see a driver reaching around in their car as they walk up. Remember they have no idea what to expect from you, so just relax and don’t make any sudden moves. If it is dark, then it is also a good idea to turn your interior lights on so that they can see that you are not a threat.
  3. If you have an older vehicle, you might want to consider having your speedometer calibrated. This calibration can be performed at any garage with a dynamometer, and is not very expensive. If your speedometer gives a reading that is less than your actual speed, the judge may give you credit for that and lower the speed of your ticket, which could change the offense from Reckless Driving to a simple speeding ticket.
  4. It is often a good idea to take your state’s defensive class, and to bring the certificate of completion with you to court. In Virginia the state recognizes the Defensive Driving Course and the Aggressive or Reckless Driving Course. These courses can help convince the judge that you are taking steps to be a better driver, and can reduce the negative points on your DMV record as well.
  5. You can also get your driving record from DMV for a small fee and bring that with you. The judge is going to want to know if you have been convicted of reckless driving or speeding in the recent past. The police often have your driving record with them in court, but it is always a good idea to have your record and to know what is on it before you appear before the judge. If you live in another state, the police most likely will not have your driving record, and so you should bring a copy with you, especially if you have a good record.
  6. Get a lawyer! Reckless Driving is a serious offense and a lawyer can recognize issues and defenses that may never occur to you. Also, a lawyer is more likely to be able to speak with the police officer about your case and to get information that is important for your trial. A lawyer is always going to handle your case better than you can on your own.

Reckless Driving can have sever and negative impacts on your ability to drive and the cost of your insurance. For extreme cases it can result in heavy fines, license suspension and jail time. If you are charged with Reckless Driving, contact our office today for your free consultation.

Photo by: Eli Christman

Filed Under: Reckless Driving in Virginia, Slider, Traffic Tagged With: driving record, Driving school, fredericksburg, reckless driving, Speeding, speedometer calibration, virginia

by Joseph Brown

Divorce Cost in Virginia

Potential Costs of Uncontested Divorce. All divorce costs will be explained and approved by the client before the cost is incurred, so there are no surprises when it comes to the costs of the divorce.

1. Basic Uncontested Divorce at a flat rate. Includes filing fee charged by the Clerk of Court – $986.00.
a. This is the typical fee that is incurred for an uncontested divorce, but requires that there are no outstanding property issues that need to be decided or any issues of custody or support that are still undecided, unless they are being addressed by another court (Juvenile and Domestic Relations Court);
2. Property Settlement Agreement.
a. The parties can draft their own, but the enforcement of that document will be limited to the intent of the parties as described in the writing of the document, so people drafting their own agreements should be careful to use simple, exact language that clearly states the agreement of the parties, without ambiguity;
b. Attorney drafted PSA. An attorney at Virginia Divorce Now can draft the PSA, using the following rates:
i. $500 flat fee for simple PSA. This is by far the most typical attorney drafted PSA, however if it is not accepted by the other party, the cost for re-drafting and making changes will be $300 per hour;
ii. Hourly at $300/hour for complicated PSA documents and for negotiating agreements with the other party or their lawyer;
3. Qualified Domestic Relations Orders. These documents must contain language that is specific to the administrator of the retirement or deferred compensation fund, and each company or administrator has their own requirements. Therefore these documents are billed as an hourly fee, which is currently $300/hour due to the amount of research that can be involved;
4. Quitclaim Deeds. Used for the transfer of real estate, these documents can be drafted by an attorney in our office for a flat fee of $300.00 if the client provides all the necessary documentation (available from the office of the Clerk of the Circuit Court where the property is located) for the deed to be drafted. If the client can not obtain that information, then the attorney’s time is billed hourly at $300/hour to obtain the necessary documents and draft the deed;
5. Name Change. A spouse can change their name as part of the divorce, for a reduced filing fee (charged by the clerk) and for an additional flat fee of $200.00;
6. Attorney Fees. If the divorce is expected to be uncontested and the spouse is expected to cooperate, but that doesn’t happen, there could be court appearances, negotiations, document drafting and other legal fees, usually billed at $300/hour although some flat fee rates can be available in some situations. If this situation arises an attorney will discuss your options with you and help you to decide how to proceed.

The following fees can be incurred in a divorce that are not legal fees, but are paid to third parties, depending on the situation.

7. Publication. In cases where location of other spouse is not known:
a. Paid to local newspaper, that is a paper of general circulation in the Commonwealth of Virginia;
b. Generally $300-400, and must run for three weeks;
8. Service of process. Normally in an uncontested divorce the other party will sign a document accepting service of process, and waiving further notice, however if they refuse to do so, the papers must be served on them and could incur the following costs;
a. $12 by sheriff;
b. $40-200 by process server depending on the location and type of service;
9. Incarcerated Spouse. If the other party is incarcerated and does not initiate the divorce or retain counsel of his own, a Guardian Ad Litem must be appointed to represent the incarcerated party. The filing party must pay the costs of the Guardian Ad Litem unless the spouse is incarcerated for an offense against the filing spouse. The costs of a Guardian Ad Litem can be substantial.

Photo by Sharon Mollerus

Filed Under: Family, Slider Tagged With: divorce, family law, virginia divorce

by Joseph Brown

Virginia Divorce: Property Settlement

To obtain an Uncontested Divorce, there must be no property issues that require determination by the judge. This can happen in one of two ways. First, the parties may have no property that still needs to be divided. They could have never acquired any property during the marriage, or they could have already divided their personal property and other assets, refinanced whatever loans may have been in the other parties name, transferred legal title of property and real estate and there is no property that has not been divided between them.

The second way the parties can resolve their property issues is by signing a written Property Settlement Agreement (“PSA”) that resolves all of their property issues. A PSA is binding on the parties and on the judge, meaning no judge can make any order that is not in agreement with the provisions of the property settlement agreement. It is like they are written in stone, so it is important that the parties understand the contents of the agreement before it is signed, because once it is signed there is no way to change it without another written agreement signed by both parties. Exceptions to this rule are issues of child custody, visitation and support, which are never permanent and are not necessarily controlled by agreement of the parties.

A PSA is a powerful tool that resolves all of the issues of the divorce. Issues that can and should be addressed (if they exist) in a PSA are as follows:
1. Scope of PSA and property division in divorce.
a. Marital v. Separate Property. The PSA must address all the marital property, or that property that was acquired through the efforts of either party after the marriage date and before the date of the final separation of the parties. Any property acquired outside of that period of time is separate property, and is not subject to division by the judge in a divorce;
b. Separation of Finances. When married parties separate, their finances become separate also. Any debts or assets acquired after separation is separate property (not marital) and a party’s financial status after separation is only considered when considering support issues;
c. Date of Valuation. When parties enter into a PSA, they can dictate which date is used for the valuation of assets, and can determine the value of assets in their agreement. These values and dates will be binding on the judge in the divorce and on the parties. If the parties do not agree, the Virginia State Code provides valuation dates as follows:
i.  Debts are valued as of the date of separation;
ii. Pensions and retirement benefits are valued as of the date of separation, but IRA/401K and other deferred compensation plans may be valued as of the date of the divorce trial;
iii. All other property is valued as of the date of the divorce trial.

2. Real Estate. If there is a marital home or several homes or land owned by the parties, it must be divided somehow. One party or the other can take possession of the property and pay the other party their portion of any equity that might exist in the home. The home could be sold and the proceeds divided between the parties. The parties could agree to keep a home titled in both names and sell it later or rent the home and share the rental income;
a. An important consideration about real estate is that the resolution of ownership must include provisions that cause the deed and the note to be in the name of the person who is going to own the home and be responsible for paying for it. This can be accomplished by a tax free transfer of property interest (quitclaim deed) and by refinancing or paying off the original mortgage(s);

3. Personal Property. All marital personal property must be divided between he parties. Examples of types of personal property and typical division methods are as follows:
a. Automobiles. Usually it is clear which care belongs to which person, and the division of vehicles is rarely a major issue. The parties must include in their agreement that the title will be transferred to the owning party so that it is in his or her name alone. The party receiving ownership of the vehicle should be required to refinance the loan for the car (if any) into their own name and be required to pay all the costs of the car, including taxes, insurance, upkeep and registration;
b. Household Goods and Furnishings. There are several ways to divide personal property of the household including:
i. The parties divide it among themselves and take possession of the property that they are going to keep;
ii. The parties make a list of the assets and indicate who is to own what property, and divide the property at a later time that is convenient for them;

4. Investment and Bank Accounts. These accounts can be divided by the parties by agreement or by a special court order, and the assets transferred to new accounts or used to pay marital debts or other obligations.
a. Bank Accounts. These accounts are very straightforward to divide, as the funds in those accounts are easy to determine and the parties can decide on how they are to be divided.
b. Investment Accounts. Stocks, bonds, mutual fund ands other investments that were acquired during the marriage by the efforts (i.e. income or work performed) of either party must be divided in some way. Parties can also agree to keep an asset jointly titled, but the ultimate division of that asset, and the percentage of the asset that will be owned by each party must be determined before that property issue is resolved;

5. Retirement Benefits.
a. Deferred Compensation Investments. An important consideration in dividing investment accounts is that the division does not incur an unnecessary tax liability on the either party. This is especially true in the area of deferred compensation accounts such as 401k, IRA or Thrift Savings. To divide these types of assets a Qualified Domestic Relations Order is used to transfer funds from deferred compensation account of one party to an account of similar nature of the other party without incurring tax liability. It is also common for parties to valuate these retirement accounts and to determine how they will be divided between them by moving the least amount of assets possible;
b. Pensions. Pensions can be divided in a few ways. They can be kept solely by the person who owned it and the value of the pension to the other party given to that party in the form of some other asset, also known as an asset swap. The pension can also be divided and expressed as a specific amount per month, to begin on a certain date, usually the date pension benefits will begin to be paid;
i. Pension Calculation Formula. If the parties can not agree on a fixed amount or choose not to, they can express the division of a pension asset using a formula such as this:
1. (X/Y) times a percentage that reflects the non-pensioner’s share of the pension. Where X equals the number of months that the parties were married until the date of separation (or any other date the parties choose to valuate the marital portion of the pension), and Y equals the total number of months the pensioner works and receives credit toward his or her pension. That fraction establishes the percentage of the pension that is marital property. That marital portion is then divided between the parties in some manner, usually equally (50% to each) or expressed in some other fraction (i.e. 60% to husband, 40% to wife). The resulting number is a percentage of the total pension benefit that is to become the property of the non-pensioner. This formula is useful when the party that has the pension is still working, and it will also take into account cost of living adjustments and other changes in the pension benefits;
2. An example of the pension calculation formula. In this example the Wife has a pension benefit and the parties were married for a little over 5 years, or 62 months, from the date of marriage to the date of separation. The parties have agreed to split the marital portion equally, so each gets 50%. In their PSA the Husband’s portion of the pension would be expressed as (62 months/Number of months Wife has to her credit for pension purposes when she retires) X 50% = Husband’s portion of the Wife’s pension. Let’s say that when the Wife retires she has 25 years of service, or 300 months. When the pension benefits begin to be paid to Wife, the Husband’s portion, expressed as a percentage, would be (62 months of marriage before separation/ 300 months of qualified service) X 50%, or (.207) multiplied by 50%, which equals 10.3% of the total pension which would the be the husbands portion. If the wife’s pension was $5,000 per month then husband would receive 10.3% or $517.50 per month;

6. Spousal Support. The parties can agree to an amount of spousal support in the PSA, or the parties can waive support, or they can reserve the right to ask for support from the court in the future. If a reservation is chosen it should include a time limit for which the reservation can be exercised, otherwise the time period would be half the length of the marriage before final separation of the parties. If the parties waive spousal support, that waiver is final and the issue can never be addressed again;
a. Finality of Spousal Support in PSA. It is important for the parties to remember that if the parties agree in writing to spousal support, then they are absolutely bound by that agreement, and the court can not order any support other than under the terms of that agreement. The agreement can only be changed by another written agreement signed by both parties. This is important because if a judge determines spousal support, then that support obligation would terminate or be changed by the Court according to Virginia Code 20-109 (upon death of either party, remarriage of the party receiving support or living with someone in a relationship analogous to marriage for more than 12 months, or upon a material change of circumstances). If the parties agree to spousal support, then it can only be changed according to the terms of their agreement. If there are no provisions in the PSA to terminate or change the support, then the support lasts until the paying party dies, and can never be changed unless the parties agree in writing. It is important for parties to realize this and when they are agreeing on support to make sure that their agreement reflects their true and complete agreement, including how spousal support payments can be terminated or changed;
b. Permanent v. Limited Spousal Support. Spousal support can be permanent, and never change even if the receiving party remarries. It can be limited in time to a specific number of months or years, or it can end on the occurrence of a specific even, such as the youngest child of the parties reaching the age of 19 years old. If a limited or temporary amount of support is chosen, the PSA should specifically state how the support obligation would end;

7. Custody, Visitation, Child Support. This is discussed in more detail in the Divorce with Children section. The parties can incorporate their agreements of custody, visitation and child support into their PSA. Other issues that the parties might want to consider are division of the child tax credits for income tax purposes, and the division of other tax credits such as medical costs and child care costs. The parties should address who is going to provide medical insurance for the children, and the manner of which any non-reimbursed (not covered by insurance) medical expenses will be shared by the parents. Other issues that can be addressed are payment of college expenses and extracurricular activities, and provisions for the parents to hold life insurance policies for the benefit of the children until they are adults or until they reach a specific age;

8. Other Provisions. The parties can address almost any issue that they see fit in the PSA that relates to the division of marital property or custody and support. Parties can use the PSA to craft a solution for the division of assets and debts that suits their unique situation. Other considerations for the PSA would include:
a. That the parties’ obligations are not dischargeable in bankruptcy;
b. That the parties will execute any documents necessary to give effect to their agreement;
c. That the parties will or will not file jointly or separate until the divorce is final;
d. Whether or not one party will continue to carry the other on their health insurance policy;
e. To determine which party shall live in the marital home until it is sold, if that is the case, and who will pay the mortgage, utilities and other costs of the home until it is sold, and what credit, if any would be given to the paying spouse upon the sale of the home, such as credit for the reduction in principal prior to the sale;
f. To determine who is going to pay which liabilities of the parties pending the final divorce decree;
g. To specifically state deadlines for refinancing properties, transferring assets and taking delivery of property.

Filed Under: Family Tagged With: divorce, family law, property settlement, virginia divorce

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Call 540-786-7700 to schedule a consultation . We will schedule your consultation as soon as possible. Consultations for family law or civil matters are $200 for one half hour. Consultations for criminal matters are free. All consultations are completely confidential.

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.

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