Roanoke VA Traffic Attorney

Traffic Crimes & Offenses

Traffic or vehicle code violations are often thought of as minor offenses with relatively little consequence. However, this is often not the case. While it is true that most vehicle code violations, such as speeding or failure to stop for a stop sign, are infractions, punishable only by a fine, many are misdemeanors which carry criminal penalties, including significant jail time. Therefore, these more serious vehicle code violations should not be taken lightly, as their consequences can be far more severe than imagined.

 

Defenses

Hit and run driving can sometimes be successfully defended. In some minor cases a person may be unaware that he/she was involved in an accident. Also, a person may be unaware there was damage to another person’s property.

 

Alternatives

In some misdemeanor cases, hit and run driving can be resolved through a civil compromise alternative which results in the case being dismissed.

 

Other Consequences

A conviction for hit and run reflects badly on a person’s record and can affect a person’s license status with DMV. In addition, hit and run driving is also a moral turpitude crime. This is a class of crimes which can have adverse immigration consequences and can also affect the status of a person’s professional license with state licensing boards.

 

Defenses

The most common defenses are:

The defendant was not driving.
The defendant did not have knowledge of the suspension.
It is not uncommon for the police to cite someone for driving with a suspended license when the officer never saw the person drive. Merely sitting behind the wheel of a car is not driving.

The knowledge requirement is usually the most successful defense. It can be difficult for the prosecution to prove beyond a reasonable doubt that the defendant actually received notice. Notice letters are not sent by certified mail and they are often sent to the wrong address.

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In some cases, it is possible for a skilled criminal defense attorney to get a suspended license charge reduced to a lesser offense which will not carry points against a person’s license. This could prevent another suspension of the person’s license.

Roanoke criminal defense attorney Wayne Bibee has extensive experience with Vehicle Code crimes and offenses. As a prosecutor he handled many Vehicle Code cases. Consequently, he understands the weaknesses of these cases and how they can best be handled and defended.

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The information on the website is for information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

 

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