One of the best defenses for possession of marijuana is that you simply were not in possession of marijuana. That sounds simple but, unfortunately, it’s a pretty complicated concept. One of the most common things I hear when I’m talking with people about possession of marijuana is that the marijuana wasn’t theirs. Unfortunately, that’s not […]
Wrong. The officer is going to be at court. He usually has one day per month when he’s due at each court in his jurisdiction, and he will be there. If the officer doesn’t show up, it’s not an automatic victory for the defense. First of all, the judge is going to ask where the […]
False. In Virginia courts where I practice, there are no tuning fork calibration logs. What the officer has are certificates of accuracy for his tuning fork. These certificates by statute must be dated within six months prior to the offense date. They are pieces of paper. Sometimes they are full sheets; sometimes they are a […]
Not usually. Technical radar defenses typically require an expert in court on our behalf. Radar is a very high-tech device, even though we kind of take it for granted in our time. It’s using a high-tech method to determine speed, and so there are some flaws in the technology. People think that they can read […]
False. The officer does not have to bring the radar gun to court, just like he doesn’t have to let you see it on the side of the road. However, if your attorney has a relationship with the officer and the Commonwealth’s Attorney’s Office it would probably be possible to see the radar or LIDAR […]
Wrong. The officer has to be able to testify that he got the right person. That’s correct. He has to be able to identify the driver of the vehicle that he pulled over and make sure it was the person who he charged with the offense. However, most judges around Virginia have a much easier […]
False. You don’t have the right to see the tuning forks on the side of the road. For people that aren’t familiar with them, tuning forks are what the officers use for their daily radar calibration check. They’re actually musical tuning forks that resonate at designated frequencies, and the officers use the forks to check […]
False. Virginia law used to require the officer to show you the radar gun on request. However, that hasn’t been the law in a long time in Virginia. The fact of the matter is, that you don’t have the right to see your radar or LIDAR unit that the officer clocked you with. If you […]
If you’re charged with reckless driving in Spotsylvania County and you’re looking for a lawyer, you’ve come to the right place. Even if you’re not sure whether or not you need a lawyer, let’s talk about your case. There are lots of different scenarios for reckless driving cases in Spotsylvania County, and it’s impossible to […]
Driving on suspended is a funny charge in Virginia. The charge is that you were driving after your license or privilege to drive had been suspended. The typical case that I see is when someone has not ever had a license and they drive and they get a ticket. They forget to pay the ticket, […]
