Did you get a traffic ticket in Spotsylvania County? Let’s look at your options for fighting it! If you want to talk to a Spotsylvania traffic lawyer, just give me a call.

Beware of pre-paying

First of all, you should think twice before you prepay your traffic ticket. It’s tempting to get the ticket out of the way by just paying the fine, but you’re also giving up important rights.

The ticket you received should have a notice that informs you about your waiver of rights. Basically, you are giving up your right to a trial, your right to remain silent, and your right to confront the evidence against you.

Do you really know what will happen if you plead guilty to your traffic ticket? I’ve had people call me after they prepaid their ticket and realized the conviction caused havoc in their life.

In sum, you should call a traffic ticket lawyer before you prepay any ticket.

Check for ticket defenses

Part of your traffic lawyer consultation should cover the defenses you might have. The Commonwealth has to prove beyond a reasonable doubt that you broke the law, and you can raise affirmative defenses in your case. Things to consider include:

Was there a problem with the officer’s observations?

Was your vehicle actually the vehicle that allegedly broke the law?

Was there a legal justification for your driving behavior?

Is there a defect or problem on the ticket itself?

Are you the driver of the vehicle that the officer observed allegedly violating the law?

There are certainly other possible defenses to analyze based on the facts of your case. For example, speeding tickets must be proven by an acceptable manner of measuring your speed. If the officer cannot prove his speed measurement, your speeding ticket could be dismissed completely.

Consider other possibilities

Even if there are no substantive defenses for your traffic ticket in Spotsylvania, you may still have options.

Depending upon the facts of your case and your driving record, you may be able to attend a driver improvement school to have the ticket reduced or dismissed.

If driving school isn’t an option in your case, you may still be able to obtain a reduction by completing some community service.

To take either of these options, you would at least have to pay the court costs for your ticket. And if the ticket is just reduced, you would have to pay the fine for the reduced charge.

Consult a Spotsylvania traffic lawyer

I’d love to talk with you. Give me a call to discuss your traffic ticket. I offer free consultations that will cover the basics of your case, possible defenses, and other solutions to this situation.

Did you receive a speeding ticket in Spotsylvania County? It’s normal to be worried about the outcome. But your ticket might be beatable! Here are some tips to help beat your Spotsylvania speeding ticket.

Stay calm

You have to stay calm throughout the traffic stop. And you need to keep your head afterward as well. You certainly can’t beat your ticket if you’re in a state of panic or fear.

Check your record

Your driving record will largely determine the possible outcomes of your case. You can get your record from the Virginia DMV or from the motor vehicle authority in your state.

For Virginia-licensed drivers, your record is available online or in-person at a DMV location. You’ll have to pay a small fee to get it, but this is an important piece of your ticket defense.

Analyze the facts

The Commonwealth has to prove that you were speeding to convict you. This is why prepaying your ticket doesn’t make much sense. Prepayment admits to the violation and waives any defenses you might have.

You should talk with a traffic lawyer about the facts of your case to see if there are any possible defenses. You might have defenses based on the stop itself, the way the officer measured your speed, or other factual issues.

Improve your driving

One of the best ways to beat your speeding ticket is to complete a driver improvement course. If you have a good driving record and haven’t done a driving clinic in a while, this could be a great option for you.

If you get this result, you’ll need to complete the driver improvement course before the judge’s deadline. And you’ll still have to pay court costs. If you do all of this, your ticket would be dismissed.

Consult a Spotsylvania speeding ticket lawyer

Don’t downplay the severity of a speeding ticket. And don’t just assume that there’s no way out. Most traffic lawyers, including me, offer free consultations to discuss your options. Why not take us up on the offer?

If you have a speeding ticket in Spotsylvania, Stafford, or Fredericksburg, I would love to discuss your case with you. Feel free to call me at your convenience.

Many of my clients end up completing a Virginia driver improvement school in order to reduce their traffic charges. This is a classic tool to work out a positive outcome in Virginia traffic cases.

Sign-up

Your first step is to locate and sign-up with an approved driver improvement course.

If you have a Virginia driver’s license, you must complete a course that is approved by the Virginia DMV. The DMV maintains a list of approved courses. You can take the course online or in person.

If you reside in another state, you should be able to take a Virginia course or a course that is approved in your home state.

Complete it

This part is self-explanatory. Complete the course. Do it before the deadline.

Send the certificate

You should have a deadline from the court. You have to send in your original driver improvement certificate before the deadline. If you are late, the judge will likely convict you of the original charge. You usually have to pay your fine and costs by this deadline as well.

When you have the certificate, just mail it to the clerk’s office for the court where your case was heard. Then you’re done!

If you have a fine or court costs to pay in Virginia traffic court, this article will explain how to take care of that.

Payment methods

The General District Courts in Virginia generally accept payment via cash, check, or credit card. You can pay via any of those methods if you pay in person.

If you need to pay by mail, you usually need to send a check or money order. Some courts can accept credit card payments over the phone, but many cannot. If you want to try to pay with a credit card over the phone, you can contact the clerk’s office to see if that is an option.

Due date

Unless you are told otherwise, all payments are due within 15 days of your trial date.

If you do not pay by the deadline, your driver’s license will be suspended. If you drive with a suspended license, you can be convicted of a class 1 misdemeanor under Virginia Code 46.2-301.

If the judge gave you the opportunity to complete driving school or community service to reduce your charge, you will need to pay your court costs and any fine by the date that your other certificates are due.

If you have any doubt about your payment due date, contact your attorney or the court clerk’s office.

Where to pay

You can bring your payment in person to the General District Court where your case was heard. The address should be on the ticket you received.

To mail in your payment, mail it to the General District Court clerk’s office. The address should be on your ticket, and you can verify the mailing address on the Supreme Court of Virginia’s website.

What to mail

If you pay by mail, I advise clients to take these steps:

1. Be sure your legal name is on the check or money order
2. Double-check the proper address for the clerk’s office
3. Enclose a copy of your ticket with the check or money order

Be certain that your payment will arrive before the deadline. The clerk’s office must receive it by the deadline.

Any questions?

If you have any questions about paying, contact your attorney or the clerk’s office. Don’t wait until the last minute, or you might lose your license.

Have you been charged with a DUI or DWI in Stafford? It’s a serious charge. That’s why you need an aggressive Stafford DUI lawyer.

Stafford DUI is tough

Stafford is a tough jurisdiction for anyone who is charged with a crime or traffic infraction. The prosecutors play hard ball, and they are very good at their job.

You definitely have a hard battle ahead of you, but you still have options.

Common defenses

I have written extensive posts about defense tactics and the preliminary breath test, but here are a few points to consider for your defense:

Was there actually probable cause to stop you and perform a DUI arrest? The police must have a “reasonable articulable suspicion” that you have committed a crime before they pull you over. If this is not present, the entire DUI charge will be thrown out.

Was the breath alcohol test handled properly? Most DUI defendants are given a breath alcohol test at the police station. But this test must be conducted in accordance with specific regulations. In addition, the equipment must be free from error.

Can we prove that you weren’t intoxicated? Virginia law gives the prosecution a “presumption” that you were intoxicated, if your breath alcohol level was .08 or higher. But we can counter that presumption as part of your defense. We can put on affirmative evidence that you were not actually intoxicated at the time you were driving.

Possible outcomes

A DUI can land you in jail. This depends upon several factors, such as:

• How many DUI’s you’ve had in the past
• Your blood alcohol content at the time of the traffic stop
• Your prior record for other convictions

Generally, if this is your first DUI and your blood alcohol content was less than 0.15, you probably will not serve active jail time. But if your blood alcohol content was more than 0.15, you are facing mandatory jail time, if you are convicted.

Also, regardless of your blood alcohol content, a first DUI conviction carries a mandatory minimum fine of $250. And you would have to complete treatment and monitoring through the Virginia Alcohol Safety Action Program. A one year license suspension is also mandatory, although you might be able to obtain a restricted driver’s license.

Call your Stafford DUI lawyer

I provide vigorous representation for people who are charged with a DUI. This is a serious charge, but it’s not the end of your life as you know it.

Call me today for a free consultation about your case and how I can defend you. It’s important to call soon, so we can begin preparing for your trial. The more time we have to work together, the better defense we can mount.

My favorite author, Leo Babauta, just got a trademark infringement letter due to one of his blog posts. And he’s fighting back!

Leo wrote the phrase “feel the fear and do it anyway,” in a post about beating your fears. Now he’s written a great public response to the trademark owner.

Who’s right here? Let’s see!

I am a Virginia attorney, but this post isn’t legal advice for anyone, including the parties at issue in this dispute.

What is a trademark?

A trademark identifies the source of goods and services. For example, “Nike” is a trademark for shoes and all sorts of other athletic goods. When you see “Nike” on a pair of shoes, you know who made them. You know what type of quality you can expect. The trademark tells consumers like you a lot of information about the product.

But a trademark doesn’t give Nike the exclusive right to use that word. It basically just means that someone else can’t use the word as the brand for their shoes. That would confuse consumers.

What is trademark infringement?

If I started my own shoe company called “Nike,” I’d be in big trouble. That is classic trademark infringement.

Similarly, if I called my shoe company “SNike,” I’d still probably be infringing Nike’s trademark.

The legal test is whether or not the alleged infringer is using a trademark that is likely to confuse consumers as to the source of the applicable goods and services.

How does this apply to Leo?

Susan Jeffers holds a federal trademark registration for “FEEL THE FEAR…AND DO IT ANYWAY.” She actually owns several registration for that precise trademark, for different goods and services.

The main trademark registration at question here is probably registration # 3338961 for these specified services:

Education services, namely conducting seminars, workshops and training programs both in person and online, and the production of video and television programs in the field of psychology, spirituality, personal development and self improvement.

But the real question is: How did Leo use the trademark?

He wrote a blog post that used the phrase “feel the fear and do it anyway” deep within the content.

Here’s the key: Leo didn’t use the phrase as a trademark. Susan Jeffers doesn’t own the exclusive right to “feel the fear…and do it anyway.” She just owns the right to use that phrase as a trademark on certain goods and services.

Even if Leo’s blog post is close enough to the registered goods and services, it seems unlikely that Susan Jeffers could prove any confusion about the source of those goods and services.

In fact, several people commented on Leo’s original post, pointing out that Susan Jeffers wrote a book on the topic of beating fears. People seem very clear about who wrote what and where the services are coming from.

Who would win in court?

Here’s where years of law school pay off: I can’t say for sure without doing more research.

I do know that I wouldn’t send a cease and desist letter for a client in a situation like this.

Update – 4-28-09 – Raptitude has an interesting article on this topic.

Today a banana was summoned to appear for a Stafford speeding ticket. Not quite like that, but it was still pretty funny.

I was sitting in the Stafford General District Court for my client’s reckless driving ticket. The judge was calling cases and hearing them just like a usual day in court.

Then a Virginia State Trooper started testifying for a basic speeding ticket. He said that the defendant was dressed as a banana. Yep, a big yellow banana. Apparently he had some type of school event that day that required the costume.

Moms always teach their children to wear clean underwear, in case they’re in some type of accident. I’m going to teach my kids not to dress like a banana, in case they get pulled over by the police.

DUI is a serious traffic offense because drivers can easily cause major damage to property and even death to other people. These DUI wreck pictures highlight the damage that can be caused by driving under the influence of alcohol.

It’s easy to lose control of your car when you’ve been drinking. Photo by joker1020

This guy drove through a Minneapolis apartment building entrance. Photo by Andrew Ciscel

The 1995 Volvo kept the passengers safe when they were hit by a person who was alleged to have been drinking. Photo by vikisuzan

The rear of this car was smashed to bits. Photo by Sir Mildred Pierce

The Army posted this photo to help deter DUI. Photo by usag.yongsan

Does this car still look like a Honda CR-V? Not quite. Photo by orayzio

This guy ran into a fire hydrant or something. Photo by egnilk66

This car flipped right over. Photo by l0ckergn0me

The damage to this car doesn’t look that bad, but it was still totaled. Photo by lukey dargons

“Crushed” hardly describes this car. Photo by christopherivie

This 4Runner was totaled in a DUI collision, along with another parked car. Photo by barjack

It’s amazing how strong trees are. Photo by Denny

The couple in this vehicle was hit by an intoxicated driver. They ran off the road, flipped several times, and walked away. Amazing! Photo by contraption

A lot of DUIs occur on July 4th, like this one. Five people were injured. Photo by bethykae

These are just a few examples of the serious consequences of DUI.

Anything you say can and will be used against you in a court of law.

That’s part of what people are told when they are arrested. It warns people about incriminating themselves in a criminal prosecution.

But maybe we should all remember this:

Anything you post online can come back to bite you in court.

A police officer is currently being accused of some nefarious behavior. The officer’s MySpace information and website comments have been subpoenaed, and now they’re being used against him in a police brutality case. He certainly should’ve been careful with his online activity.

An even weirder case also occurred last week. An Arkansas juror is being accused of misconduct by Twittering about the trial. Lance Turner has been maintaining an extremely thorough article on the case. One of the juror’s allegedly improper tweets includes:

So Jonathan, what did you do today? Oh nothing really, I just gave away TWELVE MILLION DOLLARS of somebody else’s money

What does all this mean for you and me? Just remember what your mom taught you: if you can’t say anything nice, don’t say anything at all. Be careful what you post online, since you might be surprised how it can come back to haunt you.

My Southern California criminal defense colleagues wrote a great article that discusses license suspension due to charges other than DUI.

The general point of the article applies here in Virginia as well: your license can be suspended for many different charges. It’s a real threat.

One of the most common non-DUI offenses to incur suspension of your license is Virginia reckless driving. It is a class 1 misdemeanor. In addition to jail time, you are facing a fine up to $2,500 and 12 months license suspension.

The judge doesn’t always take away driving privileges, but he certainly does sometimes. Just today in Spotsylvania traffic court, the judge suspended a reckless driving defendant’s license for 60 days. And that’s a fairly mild suspension!

What would happen in your life without a driver’s license for 60 days? You might be able to obtain a restricted permit to drive to work, but you might not. And you certainly couldn’t drive just for fun activities.

When you’re deciding whether or not to hire an attorney for a traffic charge, be sure you know all the possible consequences. That’s why I always recommend people contacting an attorney even if they think they don’t need one. It’s best to be sure what you’re facing.