We are very comfortable handling any type of traffic offense. Many officers testify in a speeding case that their radar equipment was tested before and after the ticket was written and found to be accurate. Very rarely is an officer asked to produce certificates of calibration to prove that point. Often, when asked to produce these certificates, an officer must admit either that he or she does not have them, or that they do not show that the equipment was entirely accurate. We firmly believe in holding the Commonwealth to the burden of proving every element of every offense. We understand that your driving record is very important to you, and we will always go the extra mile in your case.

Consider speaking with us if you have been charged with:

  • Speeding: Was the officer's equipment calibrated and can they prove it? Was there a speed limit sign clearly posted after the point you entered the roadway and before the point at which your speed was measured? Was your vehicle's speedometer properly calibrated?
  • Driving Under the Influence: Can the Commonwealth prove you were operating a vehicle? Were you pulled over for an improper reason? Were you given a proper field sobriety test? Were you arrested within three hours of the time you last drove? Were you informed of your rights under the implied consent law? After your arrest, did you remain in the presence of the testifying officer until the moment of your breath test? Was your breath test properly administered? Was the officer licensed to administer a breath test on the equipment used? Were you unable to give a valid breath sample? Were appropriate guidelines followed in obtaining a second sample, where necessary? Was blood drawn? Were you given an opportunity to select an independent lab to test your blood? If you didn't select one, were you given a paper to keep, describing the process by which you could later select an independent lab?
  • Defective or Improper Equipment: At a quick glance of the law, certain devices or conditions (such as certain suspension heights, for example) appear to be illegal, but sometimes upon a very close reading of the relevant statutes there are saving provisions for factory-installed or "grandfathered" equipment, or for vehicles that contain compensatory equipment. For example, that sticker in your rear window may be legal if your vehicle has mirrors on both sides. Additionally, you may be able to fix the problem before your court date to avoid a conviction. Have you or your attorney explored all these possibilities?
  • Driving Without an Operator's License: Do you have one but didn't have it with you? Do you need an opportunity to try to obtain one? Were you pulled over for a proper reason in the first place?
  • Driving on a Suspended License: Were you actually and properly suspended? Can the Commonwealth prove you had notice? Were you pulled over for a proper reason? Can the Commonwealth adequately prove prior offenses? (Did you think you couldn't be charged with this if you have never had a Virginia license? Guess what,...you can.)
  • Reckless Driving: Did the officer even see what happened or did he just "guess" that you were driving recklessly? Did the officer make a subjective determination, or one that is recognized by statute?
  • Hit and Run: Can the Commonwealth prove identity? Can they prove harm or damage? Can they prove that you were aware of the accident?

These are just some of the questions you or your attorney should be considering in these type of cases or in any of the other myriad of traffic offenses that are charged every day in the Commonwealth of Virginia.