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Lenins Potato posted:I get what you're saying. I should add that after he stopped me, he told me to get out of the car. Talked to me for a minute about my headlight and where I was coming from. While I was standing next to him I gave him my license and then he told me to get my insurance and registration. That's when I went to the passenger door to get into the glovebox. A few seconds later he appears at the driver side door and opens it. It just made me raise my eyebrows since I've never had a cop casually open my door and search the car (especially since the state I'm in sees your car as an extension of your home). I was going to ask him to stop, but I wasn't sure if leaving my window open allowed him to do that. It sounds like I would have been in my rights to do that from your post. All of this over a busted headlight, and you were never asked for your consent to the search? The prosecutors in your area need to fax their local law enforcement a copy of Arizona v. Gant.
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Mar 8, 2010 02:21
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Corsair Jr posted:I was in a traffic accident about a week ago and am wondering what the best approach to take is....The officer later came to the hospital and wrote me a ticket for reckless driving because "witnesses said I was speeding". Is this worth getting a lawyer for? ...One lawyer quoted a fee of $1,500 to take the case. Is that high? This is in Virginia. Reckless driving here in Virginia gives you -6 points on your DMV score and is a class 1 misdemeanor. It's worth fighting. $1,500 is a bit high; I would shop around a bit. Depending on the facts, the charge may go away completely, or you might be able to reduce it to improper driving (-3 points, and not a class 1 misdemeanor). entris posted:I think the best argument over nomenclature is the GLBT v. LGBT discussion, with the feminists insisting that GLBT perpetuates patriarchy. LGBT promotes matriarchy 
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May 26, 2010 03:17
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Aquatic Giraffe posted:I have a question regarding court dates. This all takes place in Virginia. Unless the Commonwealth's Attorney is a douchebag, and if what you're saying is true, then it will be dismissed.
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Jun 22, 2010 17:25
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SWATJester posted:...Typically an officer would just say "OK, well we'll take a statement and it's between you two". What did he do to piss the officer off enough that he not only gave him a written arrest... I'm not sure who took the charge in this particular case, but, in Virginia, citizens can go to a magistrate and file a criminal complaint; criminal charges don't have to be taken by a law enforcement officer. SWATJester posted:...but the prosecutor actually is going through with it? The job of a Commonwealth's Attorney when handling citizen complaints is to keep the circus organized. I doubt he/she has any emotional investment in this case.
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Dec 7, 2010 00:48
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SWATJester posted:My broader point about the prosecutor's involvement was not about emotional involvement, but rather a full docket, with a defensible case (possibly), on some extremely minor property damage....I'm surprised they took the time. Ah, I see what you were saying. Depending on the office, though, the prosecutor may not have to do much at all except check in with the complainant before court. A paralegal probably prepared the file, and the complainant should have filled in a request for any necessary subpoenas when they filed the criminal complaint.
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Dec 10, 2010 02:50
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Solomon Grundy posted:Incidentally, I have both used and guarded against this strategem in the years since. On one occasion, my client was willing to walk away if the other guy didn't sue. So on the last day of the statute of limiations, I sent a clerk to the courthouse with a complaint to file only if the other guy filed a lawsuit. He stayed there all day, watching what was filed. Sure enough, the other guy's lawyer showed up with 1/2 hour left in the day, and filed a lawsuit. My clerk followed instructions, and filed my lawsuit right after. The suits were consolidated and we were off to the races. (I'm a criminal law guy.) At least in Virginia, I think that a counter-claim relates back to the date of the other lawyer's pleading for purposes of the statute of limitations. So there would be some protection against that nonsense.
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Apr 24, 2011 22:10
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Javid posted:I have heard that those ticket lawyers can get a better deal than you can on your own, but I haven't had to try it myself. On average, I'd say this is the case. Traffic attorneys are usually at least somewhat familiar with the court (and, if applicable, the prosecutor) hearing the traffic infraction. They will know what the judge (and prosecutor) likes to see, what alternate, lesser traffic statutes might be used as an amended charge, etc.
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Oct 15, 2012 00:34
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