Who will stand with you when you face losing your license or need rehabilitation?

Virginia Beach Traffic Attorney

Traffic Courts are not the gentle if time consuming places they once were.

Speeding: Do you have a plan for getting to work if your license is suspended?
Twenty miles over is now Reckless Driving: Punishable by jail -- in some cases up to a year.
Driving without a license is punishable by jail in some cases.
DUI First Offense: if this is your first offense driving under the influence of alcohol or substances, what kind of rehabilitation plan do you have in place that will help you never make this mistake again, protect others on the road, and satisfy the Court?

SPEEDING, RECKLESS DRIVING, AND DUI FIRST OFFENSE
All cases are different, and a result in one does not mean that a similar result will be obtained in another. Nevertheless, here are a few illustrations of these types of cases.

SPEEDING, CALIBRATION, & ACCOUNTABILITY
Attorney Daniel Rodgers went to court on behalf of a client who was charged with speeding. The client genuinely believed she was not speeding excessively, and didn’t understand how she could have been clocked so high. The Attorney began to click off each of the options. “Was a larger vehicle nearby when the police officer used the radar?” “I don’t remember one,” came the reply. The questions went on, but no satisfactory answer was found.

When Attorney Rodgers reached court, he questioned the officer about his calibration techniques, wondering if a missed or improper calibration could have thrown the machines readings. “No, I did it correctly”, came the officer’s reply. “Hm. May I see the calibration certificates?” Attorney Rodgers asked. The officer hesitated. “They’re on file with the Court,” he said. “Alright, what about the calibration of the tuning fork used for calibrating the radar gun?” This second level of calibration is often forgotten. The officer again replied that these two were on record with the Clerk of the Court.

Attorney Rodgers quickly gained a recess to review the officer’s documents. The officer assured the Court that not his documents were on file, because this was the department’s practice, and that indeed, we would find the last several months were on file.

In fact, as it turned out, there was not a single record on file with the Court of calibration for several months! The client was cleared, her case dismissed. But Attorney Rodgers wondered to himself just how many people had been convicted of speeding in the last several months in the small court, without anyone checking the certificates? In this case, no one had held the officer accountable to check his equipment for some time. Yet he had required many citizens to choose between taking the day off work to defend themselves, or simply pay the fine, giving uncertified, and perhaps uncalibrated equipment a pass.

RECKLESS DRIVING
“You might be going to jail for a year!”

This is what my client’s children, six and eight, heard in the back of the car from a policeman. As the words -- and tone backing the words -- sunk in, the kids began to cry. The family had been on its way to a birthday party, but now . . .

The client -- who hadn’t had a ticket in ten years -- was driving with his wife and kids. Could he have been driving recklessly? And yet, the policeman’s words were true, if reckless in their own right. He was facing jail time. The client had been in an unfamiliar area, and he had entered a reduced speed zone suddenly, so common in small towns. He admitted to the officer that he had simply not seen the sign a moment ago. But the officer seemed emboldened by his frank humility.

We took pictures of the area, map quested it, and got gps coordinates, to help show the Court the difficulty, and prepared in other ways. Attorney Rodgers made it a point to discuss things with the officer before hand, as always, just to see if there was some common ground.

Once the trial began, the officer continued to insist that there had been many signs warning of a reduced speed zone, making the client’s violation more willful and wanton with each disregarded sign.

However, here is where preparation began to pay. The pictures showed only one sign. And the car had been pulled over nearly instantaneously after passing it. Other details involving calibration certificates, driving records we had pulled, attitudes, statements, answers on cross-examination, and the officer’s statements at the scene, all unfolded before the old Judge.

In the end, though the client had risked jail, he did not go to jail, despite the police officer’s threats. Instead, after listening to Rodgers final argument, the Judge allowed that he would dismiss the charges upon the client taking a class.

DUI: DRIVING UNDER THE INFLUENCE: FIRST TIME OFFENSE SEEKING REHABILITATION
For DUI, Attorney Daniel Rodgers represents first time offenders. This is how he seeks to resolve these matters: where appropriate through proving innocence, and otherwise through demonstrating rehabilitation to the court. Va Beach Attorney

Daniel Rodgers says about this difficult issue,
“My cousin was salt of the earth. After less than a year of marriage, his young wife was driving home from work at the hospital, and was killed instantly by a head on collision from a drunk driver. The drunk was fine. She was dead. My cousin was not the same.”

In most of our extended families, there are stories like this. In most families if you look closely enough, there are those on both sides of this law.

When you realize that you have been pulled over for DUI for the first time, most who were indeed drinking while driving carry a sense of shame and fear. Because you know this is not something you’ve done before, and you know the law has gotten tough. Most of all, you know that the consequences for your actions could have been so much worse.

It’s critical to recognize that you should not go to Court without first addressing the underlying problem and making it right.

If you are a first time offender, and want not merely a defense, but help seeking rehabilitation the Court will take note of, to prevent this from ever happening again, and to demonstrate to the Court that you take appropriate responsibility, call Virginia Beach Attorney Daniel Rodgers.

You can reach The Law Offices of Daniel Rodgers, PLC, at 831-1551.