One of the most important items in any traffic case is the driving record. It can either be the best tool to use in your favor, or the document that is the bane of your existence. In any event, most likely you wouldn't be looking at The Traffic Attorney blog if you had a clean driving record. For example, if you are a Virginia driver, presumably you are in need of a Virginia DUI attorney, or are looking for advice because you received a speeding ticket, DUI citation, or are otherwise headed to traffic court.
The first thing a police officer, prosecutor, or judge will look at is your driving record. You need to keep it under control. Because of that, the first thing your Virginia traffic ticket attorney is going to ask for is a copy of your driving record. The strategy that your attorney chooses to recommend will, in a lot of cases, be based on your driving record. For example, if you have six DUI's and are charged with a seventh DUI, your attorney is not going to recommend a driver diversion program (that just won't be possible) or, most likely, that you plead guilty. Another DUI conviction in most jurisdictions will mean incarceration. On the other hand, if you have never received a ticket for anything, and you are charged with reckless driving, perhaps your attorney will recommend speaking to the prosecutor in an attempt to reduce the charge.
As you can see, if your driving record is ten pages long, you're in trouble. Consequently, be careful out there. You never know when something stupid is going to catch up with you. If you don't need to speed, then don't. Always use your traffic signals. Keep your automobile in working condition. Don't drink and drive.
Of course, if everyone followed my advice, then I would be out of a job. But our streets would be a much safer place.
Showing posts with label Traffic Court. Show all posts
Showing posts with label Traffic Court. Show all posts
Monday, June 21, 2010
Wednesday, April 21, 2010
The Traffic Attorney - The First Rule of Traffic Court is.....
Ok, so if there is one thing I've learned while being a Maryland DUI attorney, it's that traffic court is unpredictable. In other words, I never know what to expect when I go in there. I know you're wondering, "Well then how can you knowledgeably blog about what goes on in traffic court?"
Well the answer is easy, really. Procedurally, I know what goes on. For example, I am a Maryland traffic attorney, among other things. I know that, by the time you get to court, you most likely have gone through a traffic stop, where a law enforcement officer pulled you over and tried to gather as much information about you as possible. He asked whether you had been drinking and whether you cared to take a few tests.
I know that you either told the officer that you had something to drink, failed those tests, the officer had some other reason to believe you were DUI, or any combination of the foregoing. For whatever reason, the officer arrested and booked you. At the police station, someone most likely took your fingerprints and photograph, searched you, and asked you more questions.
Hopefully, you told the officer you want to speak with a lawyer, but that's another post for another day.
In any event, you're in court for your preliminary hearing or arraignment. I'm with you up to this point. But, the other day, something funny happened on the way to entering a not guilty plea and setting a trial. I was in court with a client, and I checked in with the clerk prior to the Judge taking the bench. The clerk informed me that we weren't on the docket. While that isn't necessarily out of the ordinary, it was odd that my client'c case wasn't even in the court's computer records. Hmmmmm.
Shortly thereafter, the Judge took the bench and informed us that we could leave. The court would issue a notice if anything came up. This is what I meant by not knowing what to expect. The traffic docket is usually flooded with cases. Things fall through the cracks. Sometimes it works out better that way.
Well the answer is easy, really. Procedurally, I know what goes on. For example, I am a Maryland traffic attorney, among other things. I know that, by the time you get to court, you most likely have gone through a traffic stop, where a law enforcement officer pulled you over and tried to gather as much information about you as possible. He asked whether you had been drinking and whether you cared to take a few tests.
I know that you either told the officer that you had something to drink, failed those tests, the officer had some other reason to believe you were DUI, or any combination of the foregoing. For whatever reason, the officer arrested and booked you. At the police station, someone most likely took your fingerprints and photograph, searched you, and asked you more questions.
Hopefully, you told the officer you want to speak with a lawyer, but that's another post for another day.
In any event, you're in court for your preliminary hearing or arraignment. I'm with you up to this point. But, the other day, something funny happened on the way to entering a not guilty plea and setting a trial. I was in court with a client, and I checked in with the clerk prior to the Judge taking the bench. The clerk informed me that we weren't on the docket. While that isn't necessarily out of the ordinary, it was odd that my client'c case wasn't even in the court's computer records. Hmmmmm.
Shortly thereafter, the Judge took the bench and informed us that we could leave. The court would issue a notice if anything came up. This is what I meant by not knowing what to expect. The traffic docket is usually flooded with cases. Things fall through the cracks. Sometimes it works out better that way.
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