The Law Offices of Joseph T Brown PLC

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    • DUI
    • Virginia DUI Lawyer
      • Refusal in Virginia
      • Restricted License in Virginia
      • DUI Legal Defense in Virginia
      • DUI Penalties in Virginia
    • Traffic Offenses in Virginia
    • Your Rights During a Traffic Stop in Virginia
    • Avoiding a Traffic Stop in Virginia
    • Reckless Driving in Virginia
      • I Have A Reckless Driving Charge – What Now?
      • Speedometer Calibration for Reckless Driving and Speeding Cases
    • Hit & Run in Virginia
    • Eluding Police in Virginia
    • Driving on a Suspended License
  • Criminal
    • Criminal Defense Attorney
    • Punishment for Felonies and Misdemeanors in Virginia
    • Robbery in Virginia
    • Protective Order Violation in Virginia
    • Probation Violation in Virginia
    • Misdemeanor Process in Virginia
    • Legal Rights in Virginia
    • Larceny in Virginia
    • Firearms Charges in Virginia
    • Felony Process in Virginia
    • Drug Offenses in Virginia
    • Burglary in Virginia
    • Bond Hearing in Virginia
    • Assault and Battery in Virginia
  • Family
    • Family Law in Virginia
    • Divorce Cost in Virginia
    • Uncontested Divorce in Virginia
    • Virginia Divorce: Property Settlement
    • Divorce with Children in Virginia
    • Divorce Steps & Process in Virginia

by Joseph Brown

Eluding Police in Virginia

 

Eluding Police is described in section 46.2-817 of the Code of Virginia (Disregarding Signal by Law Enforcement Officer to Stop, Eluding Police).  It is against the law to disregard any visible or audible signal by police to pull over or attempt to escape or elude police.  It is an affirmative defense (a defense you have to prove at trial) that the person had a reasonable belief that they were being pursued to by non-law enforcement officers.  For any violation of this statute the person’s driver’s license must also be suspended for a minimum of thirty days, up to one year.

Eluding is punished and classified depending on certain factors of danger and injury, as follows:

  • Eluding on foot, or in a vehicle with no dangerous activity or injury to others, is punishable as a Class 2 Misdemeanor (up to six months in jail);
  • Eluding in a vehicle in a manner that endangers a person OR interferes with or endangers the operation of the law enforcement vehicle is a Class 6 Felony (1 day to 5 years in prison);
  • Eluding in a vehicle where a Law Enforcement Officer is killed in the pursuit is a Class 4 Felony (two years to ten years in prison).

Filed Under: Traffic Tagged With: court, criminal, eluding police, traffic law, traffic laws, traffic violations, virginia

by Joseph Brown

Driving on a Suspended License

 

Driving on Suspended or Driving on Revoked can be charged by Police when someone is driving a car after their license has been suspended.  There are three statutes under which a person may be charged for driving on suspended license:

  • Section 18.2-272 of the Virginia Code, Driving after Forfeiture of License.  Each violation is a Class 1 Misdemeanor, but the third conviction within a 10 year period is a a Class 6 Felony (punishable by up to 5 years in prison).  This statute includes driving on a restricted license with a Blood Alcohol level in excess of 0.02, and driving a vehicle without ignition interlock after the ignition interlock is ordered by the Court;
  • Section 46.2-300 of the Virginia Code, Driving without License Prohibited.  This license makes it an offense to drive without a valid license, and includes people who have had their license suspended as well as those that do not have a valid driver license at all.  A first conviction for violation of this statute is a Class 2 misdemeanor, subsequent convictions are Class 1 misdemeanors.  If a person is convicted of violation of this statute, the judge can give them an additional license suspension of up to 90 days;
  • Section 46.2-301 of the Virginia Code, Driving while License, Permit, or Privilege to Drive Suspended or Revoked.  This statute makes it illegal to drive a vehicle after the person’s license to drive has been suspended by the Court or by operation of statute.  A violation of this statute is aClass 1 Misdemeanor but a third or subsequent conviction within a 10 year period carries a minimum mandatory jail sentence of 10 days.  Additionally, a conviction of this statute requires the court to impose an additional suspension of the driver’s license for the same amount of time as the original suspension, or 90 days if there was no defined duration of the original suspension.

Defenses to Driving on Suspended or Revoked License often focus on whether or not notice was received by the Defendant that the license was suspended.  In cases where the license was suspended for failure to pay court costs or fines most judges will not require proof of notice given to the Defendant since the person is informed that their license will be suspended if the fines or costs are not paid.

DMV sends a letter to advise people that their license has been suspended, and that letter will be recorded as part of the DMV driver record.  This record will show the address where the notice was sent, and can help a defendant prove that notice was not given or was sent to a wrong address.

Another defense to a charge of Driving on Suspended or Revoked License is that the person was driving due to a medical emergency, however it is possible that any emergency situation could provide a defense to this charge.

Filed Under: Traffic Tagged With: court, revoked license, suspended license, traffic law, traffic violations, virginia

by Joseph Brown

Virginia DUI Lawyer

 

DUI (DWI, Driving While Intoxicated, Driving Under the Influence, Drunk Driving) is an offense that brings many people before the court who would not otherwise be involved with the criminal justice system as a criminal defendant. Throughout recent years the trend has been to make DUI laws more strict, with harsher punishments. Current DUI Penalties in Virginia are detailed here and show penalties for drunk driving in Virginia that are more harsh then they have ever been. For example, DUI penalties require mandatory jail time when a person’s blood alcohol level is above 0.15 or if it is a second or subsequent conviction.

Judges often treat people subsequent convictions very harshly and impose jail time in addition to the minimum required time. The penalties contained in the Virginia Code are minimum penalties, and a person who is charged with DUI can often get jail time even when it is not required by the code, for example in cases where an accident or reckless driving has occurred. Any person charged with DUI, even a first offense, faces the potential to serve a significant amount of time in jail.

Anyone facing a charge of DUI should obtain an attorney to represent them in court. Call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation.

Filed Under: DUI, Traffic Tagged With: drunk driving, dui, dui lawyer, dwi, traffic law, traffic lawyer, traffic violations, virginia

by Joseph Brown

Traffic Offenses in Virginia

 

At the Law Offices of Joseph T. Brown PLC,we can assist you with criminal charges of Traffic Offenses in Virginia. Traffic offenses can include felonies and misdemeanors, can require mandatory jail time or loss of license. If you are charged with at Traffic Offense in Virginia, you should speak with a lawyer to learn how to protect your rights and defend your interests in the courtroom. Contact the Law Offices of Joseph T. Brown PLC for a free consultation for Traffic Offenses in Virginia and protect your rights and interest with an attorney who will work hard to represent you and achieve the outcome you desire at a reasonable price.

Above you will find links to various topics of Traffic Offenses in Virginia that give information on specific charges and other aspects of the law and legal system. This information is provided for informative purposes only, and is not meant to constitute legal advice. Every case is different and if you are charged with a Traffic Offense in Virginia you should contact the Law Offices of Joseph T. Brown to consult with an experienced attorney at no cost.

Filed Under: Traffic Tagged With: jail, license, traffic law, traffic laws, traffic offenses, traffic violations, virginia

by Joseph Brown

Helping You

ATTORNEY AND COUNSELLOR AT LAW

When you need a lawyer in the areas of criminal defense or family law, chances are that you are facing a legal situation that impacts your life in many ways and causes a great deal of anxiety and stress. You want to know that the person who represents you has your best interests at heart, and will fight for your interests as if they were his own. You want an attorney who is knowledgeable and experienced, who can handle your case for you and obtain the best outcome possible for you.

At The Law Offices of Joseph T. Brown PLC you will experience the legal representation that you deserve and require during your time of need. Attorney Joseph Brown is an experienced and capable attorney who will aggressively pursue your interests in the courtroom. Joseph Brown is more than just a skilled trial lawyer, however, as he focuses on the client as a person, is sensitive to a client’s needs beyond the legal relationship, and genuinely cares about his client’s total well-being.

We take your case seriously. Once you have retained the services of the Law Offices of Joseph T. Brown PLC you can rest assured that your legal problems are in good hands and that your case will receive the attention it deserves. Throughout the pretrial process and during negotiations you will be notified of developments in your case as they occur. At trial your case will be presented aggressively and effectively, using the laws of evidence and procedure to present your case in the best possible light. Besides providing excellent legal services, the Law Offices of Joseph T. Brown PLC will also treat every person with respect and dignity.

The Law Offices of Joseph T. Brown, PLC is located in the Fredericksburg, VA area and provides legal services in the Fredericksburg area including the Counties of Stafford, Spotsylvania, Caroline and King George. We provide legal services in the areas of Family Law, Criminal Defense and Traffic Defense.

Filed Under: Helping You Tagged With: criminal law, family law, fredericksburg, helping you, traffic law

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Give us a call to schedule a consultation

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.

Your information will not be shared with third parties for any reason.

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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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