Traffic
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.
At Barbara S. Jenkins, Esquire Attorney at Law, we
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 one of our attorneys 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.
Does your attorney consider all these questions and
more? If you have Barbara S. Jenkins, Esquire as your
attorney, the answer is YES!
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