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Reckless Driving in VA

What is Reckless Driving in Virginia?

Many people view traffic violations as so insignificant that they don’t need an attorney. However, this is simply not the case. Even “minor” traffic infractions can impact your life and your personal record for years to come. This is especially true for reckless driving charges in Virginia. If you receive a conviction, you might be penalized with a fine of over $1,000, see your insurance premiums drastically increase, and even serve jail time in some cases. At the Manassas Law Group, we’re here to explain what constitutes reckless driving in Virginia, why you might need a reckless driving attorney, and why you should take these violations extremely seriously. To speak with a Manassas motor vehicle attorney from our firm, give us a call at (703) 361-8246 or reach out to us online today. What is the law for reckless driving in VA? According to Virginia law ( Code of Virginia § 46.2-852), a person commits the offense of reckless driving when he or she drives a motor vehicle “on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.” It is not necessary that someone surpasses the speed limit to drive recklessly. Reckless driving, while it does involve speeding, also includes other specific actions. It is considered a criminal offense, unlike normal speeding, which is a traffic infraction. Speeding in excess of 20 mph over the maximum speed limit or over 85 mph is reckless driving, not just speeding. Examples of Reckless Driving There are a number of different scenarios in which a person might be charged with reckless driving. If law enforcement officers observe you performing any of the following actions, they have the right to arrest you for reckless driving: Driving a car with faulty or poorly-adjusted brakes Driving next to another vehicle while on a one-lane road Failing to yield Racing another vehicle Driving too fast for highway and traffic conditions Driving a vehicle which is overloaded to the point of view obstruction Failing to signal Speeding 20 mph over the posted speed limit, or driving faster than 85 mph regardless of the posted speed limit Spinning out your wheels Endangering people or property in areas open to the public Illegally passing in any of the following ways: On a hill or slope Two vehicles at once At an intersection A stopped school bus While approaching or in a curve At a railroad-grade crossing While pedestrians are around Is reckless driving a misdemeanor? In most cases, a Virginia reckless driving conviction is considered a class 1 misdemeanor. The maximum penalties for misdemeanor reckless driving include 6 points on your driving record, up to 1 year in jail, a criminal record, up to $2,500 in fines, and up to 6 months of suspended driving privileges. In addition, you may also face increased car insurance rates and no longer be eligible to rent a car. Convictions also affect government security clearance, as well as contract eligibility for law enforcement officers and military members. You also must disclose this conviction if you apply for U.S. citizenship. While your judge evaluates your case, they consider any and all prior reckless driving convictions, your Virginia DMV point rating, your driving record, whether your reckless driving caused someone else a personal injury, and your demeanor before the court. If your charge results from racing other motor vehicles, you will face greater consequences. These increased penalties include a suspended driver’s license from driving for up to 2 years, and the possible seizure of your vehicle. In certain situations, however, it is possible to be charged with felony reckless driving. For example, if a person’s wrongful death results from racing, it is considered a class 6 felony. In this case, you will face a license suspension of anywhere from 1 to 3 years, along with up to 20 years in prison. If you are charged with reckless driving during a period in which your license is suspended or revoked, this is also a class 6 felony. American Highway State Trooper Pulling Over Vehicle For Speeding Reason.; Shutterstock ID 2048004398; purchase_order: 30025; client: DealerOn Will reckless driving put points on my driving record? As we just learned, if you are arrested for reckless driving, you may be charged with a class 1 misdemeanor. Not only this, but those found guilty of reckless driving in Virginia may also receive up to 6 points on their DMV record. While speeding is only a traffic infraction, reckless driving is a criminal offense. As such, Virginia reckless driving penalties carry the same potential consequences as many other misdemeanors, including potential jail time and a permanent criminal record. At the Manassas Law Group, we pride ourselves on offering aggressive defense against alleged traffic violations and reckless driving. Call our Manassas criminal defense attorneys today at (703) 361-8246 for a free consultation on how to protect your driving record. Reckless Driving vs. Improper Driving Luckily, Virginia’s reckless driving laws do have some leeway. Under Virginia Code § 46.2-869, in cases where a person is charged with reckless driving but the “degree of culpability is slight,” the court may reduce the charges from reckless driving to improper driving. Improper driving in Virginia is not a misdemeanor like reckless driving, but rather a traffic infraction. As a result, those found guilty of improper driving may only face up to $500 in fines and avoid the other penalties that come with reckless driving charges. Is 85 mph reckless driving in Virginia? Yes. Recently, Senate Bill 63 raised the reckless driving threshold to 85 mph from 80 mph. This means that exceeding 85 mph is considered reckless driving, regardless of the applicable maximum speed limit for that roadway.  Additionally, driving in excess of 20 mph over the maximum speeds permitted in a given area is reckless driving. What happens if you speed over 100 mph? If a law enforcement officer pulls you over for speeding in excess of 100 mph, the penalties are likely to be very severe. You are more likely to receive maximum penalties for this class 1 misdemeanor, as there are very few reasons that an officer or a judge will accept in terms of why you were driving so far over the speed limit. Whether or not someone receives jail time for excessive speeding of 100 mph or more depends on a number of factors. The judge for your case will consider all of the following when determining whether or not to have you spend time in jail: Your driving record Any victims or injuries Your attitude and appearance in court How fast you were driving Your attitude the officer/s while being arrested If found guilty, you will likely face the maximum penalties of up to a year in jail, fines of up to $2,500, and a license suspension of up to 6 months. Do I have to go to court if I got a reckless driving ticket? In most cases, yes, you will have to appear in court if you violated the Virginia reckless driving law. As a general rule, most people who receive reckless driving tickets must appear in court either for an arraignment or a trial. This is due to the fact that VA reckless driving offenses are typically considered a misdemeanor charge (or, in some cases, a felony). Depending on specific situations, however, you might be able to have a reckless driving attorney appear on your behalf. Generally speaking, this can happen for defendants who did not exceed 100 mph or who did not drive more than 30 mph over the speed limit. It can also happen for out-of-state drivers. If you are nervous about your court date or are unsure about anything, you should probably consider hiring an attorney. At the Manassas Law Group, we’ve handled hundreds of reckless driving cases, so we know what it takes to put up a strong defense. We work hard for our clients all over Virginia and help take away the stress of dealing with the complicated and often overwhelming criminal justice system. Do you need a lawyer for reckless driving? As you can see, reckless driving carries severe consequences for those convicted. Such an offense is much more than a simple traffic infraction, and those facing these charges should take them extremely seriously. As such, it may be in your best interest to equip the help of a Virginia reckless driving attorney to fight on your behalf. Because a reckless driving charge is likely to head to court, you need a Virginia traffic attorney from the Manassas Law Group on your side from the very beginning. Even “minor” convictions affect your life and your record for years to come. People all over the state of Virginia come to us when they require competent legal counsel. Why? Take a look at our Manassas Law Group reviews and see for yourself! We’ll help you defend against a conviction, resolve your charges, and walk you through the legal process. Facing criminal charges for driving recklessly? Don’t wait until you’re caught up in the confusing world of Virginia traffic laws. Call the Manassas Law Group today at (703) 361-8246 for a free consultation.

IRS bank levy

Can the IRS take money from my bank account?

Many people find it shocking that the Internal Revenue Service (IRS) can take money directly from their bank account. However, it is a legal and sometimes necessary procedure that the government uses to collect owed tax dollars. This is called an IRS bank levy. The IRS is a government agency that is responsible for collecting taxes and enforcing tax laws in the United States. If a taxpayer does not pay their back taxes after receiving notices and inquiries, the IRS may need to take measures into their own hands. As such, they may seize the money from your bank account to satisfy the tax debt you owe. The IRS only turns to this extreme measure as a last resort. However, if it comes down to it and you receive a notice that the IRS plans to levy your account, you must act fast. Here at The Manassas Law Group, we can help prevent the IRS from taking money from your account. We encourage you to speak with our qualified Manassas bankruptcy attorneys as soon as possible to identify your legal needs and begin developing a legal strategy. What is an IRS bank levy? So by now you know that the government can, in fact, seize money from your account. They do this by use of a tax levy. A levy is defined as the seizure of property or assets by the IRS to fulfill a tax debt. This means that not only can they seize money from your bank account, but they can also take and sell your property. Though it is possible for the IRS to levy physical property and sell it to repay your back taxes, they are more likely to garnish wages or levy bank accounts. This is because the seizure of property and assets isn’t nearly as cost effective as taking money straight from your account. How does the IRS levy a bank account? So how exactly does the IRS levy your bank account? Before they are able to deduct from your account, the IRS will need to have sent multiple notices alerting you of your debt. Once you receive these notices, you will receive a grace period. During this grace period, you will receive information for how to resolve the issue with the IRS before they move on to levying your account. After several unsuccessful attempts at reaching you and collecting your overdue taxes, the IRS will issue a notice with their intent to levy. This notice is what is called the Final Notice of Intent to Levy and Notice of Your Right to A Hearing. Once they issue the notice of intent, you will receive an additional 30 days to resolve your debt with the IRS before they go through with seizing the money from your account. One way they go about this is by tracing your bank details from previous tax returns. They also might track down your account by scanning accounts linked to your social security number. Once they locate your account, they will contact your bank and request that they freeze your funds for 21 days. This temporary, 21-day hold doesn’t remove any money from your account, but instead prohibits you from accessing it. It grants you a small amount of time to resolve ownership issues concerning the account, if any. What assets can the IRS legally seize to satisfy tax debts? The IRS can legally seize just about any asset of yours that has value and can be resold for cash. Whatever you do not need for your own basic survival or shelter, the IRS is able to seize. This might be anything from fine jewelry to a car or a boat to real property, like your home. Some more eligible assets for seizure or garnishing include second or vacation homes, retirement accounts, life insurance policies, social security benefits, and more. Once the IRS seizes your physical assets, you generally have no way to reclaim them. The items will sell relatively quickly, as the IRS wants to satisfy the debt you owe as fast as possible. Most often, this is done through a public auction. The money raised from the sale of your assets will go toward your tax debt. What happens if the IRS wants more details about your bank accounts? There are situations in which the IRS might want more details about your bank account. They may want to learn more about some of your transactions. Observing this information might alert them to assets you could use to pay off your debt. If the IRS is seeking more information about your account, the first thing they would do is ask you for these records directly. If you refuse to supply the information or fail to reply at all, they may summon the records straight from your bank. Your bank must comply with these summons. How many times can the IRS levy your bank account? There is not a limit placed on the IRS for how many times they can levy your account. It is likely that they will continue to levy funds until you make an arrangement to pay back your owed taxes. However, it is worth noting that the IRS has a 10-year statute of limitations for collecting debts. So once that 10 years is up, they cannot continue taking money out of your account or wages. It is also important to note that this is not a standing levy, meaning it won’t stay in effect permanently. That way, you can deposit money the day after receiving a notice of intent to levy without it being automatically frozen in your account. A levy attaches to funds once the bank processes it. If the IRS attempts to issue another levy, it will take some time for the bank to actually process and return it. How long does it take to remove a levy or wage garnishment? When the IRS levies your bank account or garnishes your wages, you have ways to remove these measures. By paying off your back taxes or setting up an agreement with the IRS, you may be able to get the IRS to remove the levy. If you establish a payment agreement, the IRS will likely release the levy immediately. That is, unless, you haven’t already gotten a payment extension. Generally, the IRS will give you 60 days to pay off the balance or reach some kind of payment agreement. However, if you request an extension, you may receive an additional 120 days to pay off the balance. If they grant you the extension, you can also ask to have the levy release the levy or garnishment. Simply put, you are able to remove a levy or wage garnishment in as much time as it takes to call the IRS and request a payment extension. Call The Manassas Law Group Today The Manassas Law Group has been helping people in Manassas and other parts of Virginia for decades. Our attorneys are knowledgeable about matters such as an IRS bank levy or wage garnishments. If you have questions about levies and what all the IRS is able to do to satisfy your tax debt, call our Manassas bankruptcy attorneys today. You can reach us at 703-361-8246 or visit our website to arrange your consultation.

filing Bankruptcy

How Often Can You File Bankruptcy?

Many people are surprised to hear that they can file for bankruptcy more than once. Some people even file for bankruptcy many times. There are so many misconceptions about bankruptcy. It’s a tricky subject full of technicalities. Nobody ever wants to find themselves needing to declare it. But for many people, it’s the best option. Sometimes, it will be the best course of action more than once. So just how often can you file for bankruptcy? We break down the specifics below. The Manassas Law Group helps many people file for bankruptcy. If you are considering filing for bankruptcy or have questions about the process, you’ve found the right law firm. When should you file for bankruptcy? You should file for bankruptcy if you have: An overwhelming amount of debt. Creditors and bill collectors harassing you daily Missed mortgage payments with threats of foreclosure hanging over you Run out of options and can’t get ahead no matter what you do. These are all signs that it might be time for you to file for bankruptcy in Virginia. However, this is still not a step to take lightly. It sometimes comes with a price. Filing for bankruptcy can harm your credit score in the long run. It might make it hard to borrow money or take out loans in the future. Additionally, it could dramatically increase the premiums you’ll need to pay for insurance. In some cases, it might affect your ability to get a job. Even though it can help relieve some of your debts, filing bankruptcy should not be something you jump straight into. It should be a last resort. If you feel like you’ve already reached your last resort, the Manassas Law Group can help you. Our team makes this process as easy and as possible for you and your family. We want to help you get back on your feet. We will do whatever it takes to get you there. What are the types of bankruptcy? There are six types of bankruptcy. These are known as Chapters. They all have the goal of clearing debt. There are six Chapters of bankruptcy: Chapter 7, 9, 11, 12, 13, and 15. Here, we focus mostly on Chapter 7 and Chapter 13. This is because they are the most common for families and individuals. Before that, here is a brief summary of the other types of bankruptcy. Chapter 9 This is a payment plan. It allows entities to reorganize and repay what they owe. Usually these types of entities are towns, cities, or school districts. Chapter 11 Usually this type of bankruptcy is used to help reorganize a business or organization. The filing entity will need to produce a plan for their intentions to operate the company while still paying off their debt. Chapter 12 This is specific to family farmers or fishermen. It allows them the opportunity to avoid selling assets or foreclosing on their property or home. Chapter 15 This is for international issues. It allows foreign debtors access to bankruptcy courts in the United States. Bankruptcy for families and individuals Chapter 7 bankruptcy This is the most common type of bankruptcy for individuals. It’s also known as liquidation or straight bankruptcy. It allows a trustee appointed by the court to administer the sale of your assets. Anything you own that is considered valuable could be sold to pay off your debts. The courts might excuse necessities like your house, car, or retirement accounts. But be warned that there is no guarantee. After the trustee liquidates your assets, your other debts are forgiven. This will include things like medical and credit card bills. Things like student loans or taxes are not exempt. You will need to pay these off eventually. This type of bankruptcy is only available to those whom the court decides cannot make enough money to return their debt. Eligibility is determined by a means test. The test takes into account your income versus the state average income. They compare the two and decide if you have enough income to pay back most or some of what you owe. If they determine that you do not have enough, you will qualify for this type of bankruptcy. Chapter 7 bankruptcy does not stop the foreclosure. However, it can delay it. This process usually lasts between 3 and 6 months. Chapter 13 bankruptcy Chapter 13 restructures your debt, rather than forgiving it. It allows you to keep your assets and permits you some time to get caught up in repaying debts. Next, the court constructs payment plans. Usually they are monthly and allow you to pay back portions of your debt over a period of time. In addition to organizing your payment plans, the court also requires you to stick to a strict budget. They will check your spending to make sure you are keeping on track. This type of bankruptcy is available to anyone with an unsecured debt below $250,000 and a secured debt below $750,000. You are required to be up to date on your tax filings. Chapter 13 might help stop a foreclosure. This is because it gives you more time and a plan for how to pay your housing bills. The process usually takes 3-5 years to complete. How Many Times Can You File Bankruptcy? The Chapter of bankruptcy you choose affects the amount of time in which you’re able to file again. There is no lifetime limit to how many times you can file. However, there is a limit on how often your debts can be discharged. If you file Chapter 7, you must wait 8 years before filing again. It remains on your credit report for ten years. Chapter 13 bankruptcy remains on your report for seven years. You have to wait two years to file this type of bankruptcy again. If you first file a Chapter 7, and want to file for Chapter 13, you must wait at least four years. In the opposite scenario (Chapter 13 to Chapter 7), there is a six year waiting period. However, if you repay your debts completely during a Chapter 13 claim, you will be exempt from the waiting period. Courts sometimes waive waiting periods if you paid off at least 70% of your Chapter 13 claims. Contact the Manassas Law Group If you are considering filing for bankruptcy, trust the passionate, experienced attorneys at Manassas Law Group. You do not need to suffer in silence through the stress of debt pressure. Our firm combines a profound knowledge of bankruptcy law with aggressive legal strategy. We give each client individualized, compassionate service. Request a free consultation online or by calling 703-361-8246.

WRONGFUL DEATH LAWSUIT FREQUENTLY ASKED QUESTIONS

Wrongful Death Lawsuit Frequently Asked Questions

There is no grief out there quite like the grief of losing a loved one. Sometimes, knowing it was due to the carelessness of another person makes it even harder to cope with. If you lost a loved one due to an act of reckless negligence, you may want to file a wrongful death lawsuit. At Manassas Law Group, we know how heavy a death like this can hit a family. We want to make sure you and your loved ones are financially taken care of while you recover from this hardship. In this post, we answer your wrongful death lawsuit frequently asked questions. If you think you have a wrongful death claim in the Virginia area, give us a call today to see what we can do for you. What Is A Wrongful Death Claim? Wrongful death is a claim made on the behalf of a person whose death resulted from an act of negligence. A negligent act refers to a behavior or action that a reasonably careful person wouldn’t do under similar circumstances. It could also be something that a reasonably careful person failed to do that in turn resulted in the death of another. There are several variations of types of wrongful death lawsuits. Any situation that causes the death of someone through an act of reckless or negligent behavior can fall into a wrongful death claim. Specific instances may include: Medical malpractice Workplace accidents Criminal behavior Auto, train, or plane accident Product liability Negligence during a supervised activity (like drowning, for example) A wrongful death claim is different from a criminal charge. It is a civil action separate from the state’s prosecution, and it’s motives are different than that of a charge. For a criminal charge, the guilty party faces punishment like probation or prison for his or her actions. In a wrongful death lawsuit, the survivors of the deceased seek compensation from the guilty party in the form of losses and damages. More often than not, wrongful death lawsuits will follow behind a criminal trial. However, the verdict of one does not determine the verdict of the other. In a wrongful death case, prosecutors may use the same evidence, but they need a lower standard of proof to find someone guilty. So while someone may be innocent for manslaughter charges in Virginia, they may still be guilty of causing a wrongful death. How Are Wrongful Death Settlements Paid Out? The settlements that come from a wrongful death suit are often paid out by insurance companies. If the guilty party does not have coverage for this, they themselves will be responsible for the payout. They may also be partially responsible for the payout if they have insurance but the settlement goes over their liability coverage amount. To determine what the payout will be in a wrongful death lawsuit, the court will take several factors into account. Both economic and noneconomic losses get considered when determining a settlement amount. Economic losses include: Medical expenses Funeral and burial costs Damaged property expenses Lost benefits and wages of the deceased Total value of household services lost In some states, the value of the decedent’s total lifetime earning capacity can also get recovered. These economic losses are all factors that are measurable and can be numerically summed up. Noneconomic losses, while still very much a loss, cannot get represented by a number. These include things like: Pain and suffering Of the family members/loved ones left behind Of the victim prior to their moment of death Loss of: Companionship Care Emotional support Mentorship Goods and services Some things like medical bills and lost wages may be easier to prove than others. For example, it takes a skilled attorney to prove things like pain and suffering or loss of emotional support. However, the bulk of your settlement money might come from these factors like pain and suffering. That is why it is crucial to have an experienced attorney to represent you and your loved one in court. Who Gets The Money In A Wrongful Death Lawsuit? Because it is impossible for the actual victim to recover any compensation, the money from a wrongful death lawsuit goes to the listed relatives of the decedent. The settlement money is generally distributed between surviving family members such as spouses, children, parents, siblings, and so on. There is often an order for which relatives receive the money. In Virginia, the deceased’s surviving spouse, children, or grandchildren have the initial right to file a claim. If there is no surviving spouse, child, or grandchild, the claim becomes open to any parents, siblings, or dependents of the deceased. This excludes any estranged parents or those who abandoned the victim during their childhood. If no parents, siblings, or other dependents are surviving, the money will go to whoever would inherit the decedent's estate next. How Long Does It Take To Settle Wrongful Death Claims? Every case and trial is different, so there is no way to say for sure how long it might take to settle a wrongful death claim. In some cases, it can take as little as a few months to settle. Generally speaking, though, it might take anywhere from 1 to 4 years. If your attorney is able to settle your case outside of court, your results will be much quicker. If it gets taken to court, which is sometimes necessary, this will prolongate the process. It all depends on the unique circumstances of your case and the ability of your attorney to negotiate a fair deal. How To File A Wrongful Death Lawsuit Virginia’s statute of limitations requires that a wrongful death lawsuit must get filed within two years of the date of death. If you fail to file within that time frame, you may lose your rights to recover any damages or losses at all. As for who may file the lawsuit, many states require a personal representative to do so. This is someone who oversees the victim’s estate. However, the representative is filing for the benefit of the family, meaning the relatives are still entitled to the compensation. In Virginia, a wrongful death lawsuit doesn’t require a personal representative to file. The Virginia Code states that one or more of the “statutory beneficiaries” may do so. A statutory beneficiary includes family members or dependents of the deceased. Contact Manassas Law Group Today If you lost a loved one due to someone else’s negligence, let us know. You may have a wrongful death lawsuit on your hands. The attorneys at The Manassas Law Group are here to fight for your rights. We will help you receive the benefits you deserve. Give us a call at 703-361-8246 or visit our website to arrange a consultation.

Inheritance

How Do I Protect My Children’s Inheritance?

So, John and Mary have spent a good part of their working lives accumulating some property and investments that they wish to pass on to their three adult children. The three adult children are: Sally Jerry and Bobby. John and Mary love them all and they are good kids. Sally has had some problems with creditors in the past. Jerry’s wife periodically tells him she wants a divorce. Bobby makes good money but has a hard time hanging on to it. John and Mary would hate to see their property pass to one of the children only to have it lost to a creditor or divorce process. John and Mary could employ a Trust centered estate plan utilizing a Revocable Living Trust to protect the property passing to each of the children. The Trust could provide that all or a portion of the property passing to each of the adult children will be held by the Trustee named in the Trust who will have the discretion to make distributions to the children. In this way funds held by the Trust on a child’s behalf will be sheltered from creditors or over spending; The distributions made once in the hands of the child would have some exposure depending on timing and decisions made by the child but the bulk of the funds passed to the children would be protected as long as the child had no control over when and how much the distributions would be. Some of the assets passed to the children would have additional protections once passed to the children based upon the type of asset being held on their behalf ( 401k, 403b, life insurance etc.)

Personal Injury Deposition

What To Expect In A Personal Injury Deposition

Suffering an injury can be traumatic.  Having to relive the events on multiple occasions has the ability to compound the physical scars with added stress and anxiety.  Often before a personal injury case goes to trial the interested parties take part in depositions.  By reviewing the following information, you can better prepare for the process of a personal injury deposition. This also helps ease the tension created as a result of being in unfamiliar legal territory. What is a Deposition? In its most simple terms, a deposition is a form of pre-trial activity used for gathering information.  The typical format is a question and answer session with the opposing side’s attorney.  Depositions serve the role of obtaining relevant information to cases.  They also provide an opportunity for involved parties to examine available documents for the case.  In some instances, the court will video-record a personal injury deposition. Am I Required to Attend a Deposition? If the court orders your deposition, then yes, you must participate. The importance of a personal injury deposition relates to the step in the legal process in which both parties tell their side of the story.  This helps in determining fault for the events. Participating in a deposition does not have to be a negative experience.  Giving your testimony and side of the story will help set the record straight. How Should I Approach a Personal Injury Deposition? You should approach a personal injury deposition as if you were testifying in a courtroom.  You will most likely be sworn in under oath and face questioning from the opposing counsel.  The manner in which you handle a deposition indicates to both parties how you will perform when testifying on the stand.  A legal aid will record your statements and enter them into the record for later use at the trial. An important item to keep in mind while answering deposition questions is to answer each question with care.  Your answers aid in determining the validity of a claim or calculating fault, so being truthful is paramount.  You may also receive a request to testify once the case goes to trial.  Any irregularities in your statements could pose further legal complications. If the deposition is taking a long time, request to take a break.  People tend to make avoidable mistakes when they become fatigued. This tends to happen when the "questioner" poses the same questions in multiple fashions. Attorneys will compare your answers and point out any irregularities.  By taking periodic breaks and composing yourself, you can avoid making contradictory claims. While humor can be an effective tool used to diffuse a tense situation, joking around has the possibility of losing context outside of the deposition.  Something that was funny in a small room in the course of a 4-hour deposition may not have the same effect as that same statement pulled and read aloud in a courtroom. What Are Some of the Questions Asked in a Personal Injury Deposition? When related to personal injury cases, a deposition will consist of questions related to the background of the witness.  This includes current address, occupation history, any previous legal claims, criminal history, and medical history. Once the counsel establishes the witness's background, they will ask for details surrounding the events leading to and following the injury.  The attorney may ask you to walk them through the incident step-by-step. You will describe any injuries you've sustained, along with the limitations you've experienced, as a result of those injuries. Do I Have to Answer Every Question in a Personal Injury Deposition? It is a good practice to answer questions asked truthfully and from a place of certainty.  You should not guess or offer speculation related to the answer of a question.  If you truly do not know the answer to a question, it is better to state “I don’t remember” or “I can’t recall” than to formulate your own hypothesis.  Lying may seem like an easy way to avoid a difficult question or uncomfortable truth, but it almost always comes back to cause issues as proceedings continue. Giving only the information requested is the best strategy.  Keeping your answers fact-based and avoiding any opinions can keep you from contradicting yourself or weakening your case.  Avoid educated guesses or speculation. There are instances in which you can object to a question asked, but ultimately a judge can overrule the objection and require an answer. It is important to keep in mind that taking a breath and allowing yourself time to gather your thoughts is a helpful strategy for answering questions.  If you do not understand the question, ask for clarification in order to understand what is being asked.  If an attorney offers a summary of events that isn’t entirely correct, you can state that their account isn’t consistent with your testimony.  You should then request an opportunity to correct the record and give an accurate answer. Do I Have to Say “Yes” or “No” to the questions in a Personal Injury Deposition? You have the right to answer questions that are accurate in nature.  You also have the right to get clarification or correction for any questions that are unclear or incorrect.  If you are unsure of an answer, you may state that you aren’t sure to the best of your knowledge or memory.  It may not help your case if you aren’t able to answer questions, but lying will actively hurt your chances at a favorable outcome. What Should I Wear to a Personal Injury Deposition? When giving a personal injury deposition, professionalism is key.  While the deposition isn't typically held in a courtroom setting, we advise traditional business attire.  We don't recommend casual clothing.  You should also bear in mind that depositions can often take an extended period of time.  Make considerations for comfort, while allowing for a professional appearance. Do I Need a Lawyer for a Personal Injury Deposition? In the event that you find yourself asked to give a deposition, utilizing the help of an experienced attorney can help put yourself in the best possible position.  Personal injury attorneys can guide you and provide the practice necessary to be comfortable with the situation and prepare you for the various tactics that an opposing counsel will employ. If you choose to venture out into the legal waters on your own, you may find yourself over your head and in need of trained, professional assistance.  In that case, you would have been better off in the long run having representation from the beginning. An important thing to consider when facing the prospect of a deposition is:  “Do I want to take on the opposing side’s legal team on my own?”  If the answer to that question is “No,” then you absolutely want to consider professional representation. The team at Manassas Law Firm has years of experience in the personal injury claims process.  Our dedicated team of experienced attorneys work to ease the burden associated with litigation.  We work to get the results that our clients deserve. Contact Manassas Law Today for Your Legal Questions and Concerns Work with the firm that has over 65 years of experience serving Virginians.  Contact our offices today to arrange a confidential consultation or case evaluation and begin the process of protecting your rights while getting the compensation you deserve.  Reach us at our office in downtown Manassas at (703) 361-8246 or leave us a message on our website to begin your no-fee evaluation.

DUI Law in VA

What Do I Need to Know About A Virginia DUI?

Do you know the DUI law in Virginia? The state of Virginia relies heavily on blood alcohol content when determining penalties for driving under the influence. Driving with any blood alcohol content over 0.08 percent is illegal in Virginia. DUI and DWI, even as a first offense, is a class 1 misdemeanor in Virginia. This is only one step below a felony and carries very serious penalties. In this post, the attorneys at the Manassas Law Group will discuss DUI penalties in Virginia. We’ll also talk about the difference between DUI and DWI, and some potential legal defenses. What’s the Difference Between DUI and DWI? DUI and DWI are similar names for similar offenses: operating a motor vehicle under the influence of something. There isn’t a significant difference between the two charges in Virginia. DUI stands for “driving under the influence” while DWI stands for “driving while intoxicated.” This means that when a court does use DWI, it applies to an alcohol charge. DUI, on the other hand, might refer to either alcohol or drugs. However, if you do have a drug charge, there is a separate charge called DUID; driving under the influence of drugs. However, DUID, DWI, and DUI are all under the same statute. No matter what the court or an attorney calls it, you’ll face the same charges. What Are The Penalties for DUI in Virginia? Again, the biggest factor in determining penalties for DUI is blood alcohol content. On your first offense, if your blood alcohol content is .15 to .20, DUI law in Virginia requires that you spend 5 days in jail. If your blood alcohol content is over .20, the DUI law in Virginia requires 10 days in jail. If your BAC is below .15, DUI law in Virginia does not require any jail time. Anyone who a Virginia court finds guilty of a DUI has to participate in VASAP, the Virginia Alcohol Safety Action Program. There’s no way around this requirement. Even if the DUI is for prescription medication, DUI law in Virginia still requires VASAP. Some courts require VASAP on pain of jail time, though not all. But you do need to complete VASAP to clear your license with the Virginia DMV. But what is VASAP? VASAP usually consists of a minimum of 10 weeks of classes. Each class is two hours long. Depending on your criminal record and substance abuse history, you may also have to do AA meetings as well. Regardless of treatment classes, jail time is, obviously, our client’s biggest question mark when it comes to DUI law in Virginia. We already talked about mandatory jail times, but it is possible to get more than the mandatory jail time. It is also possible to get jail time when there is no mandatory jail time, especially if your DUI involved a car accident. Many prosecutors will push hard for jail time in those cases. How Long Does a First Offense DUI Stay On Your Record? DUIs are a class 1 misdemeanor in Virginia. As we mentioned above, this is the most serious misdemeanor in Virginia. Unfortunately, this record will exist for the rest of your life. Virginia criminal history covers your entire life, so that misdemeanor conviction will be there forever. However, a DUI conviction will only be on your driving record for 11 years. While this is still a long time, it’s not the rest of your life. This is one reason why it’s so important to let an experienced attorney handle your DUI case. The outcome will follow you for the rest of your life. What Are Some Legal Defenses for DUI? What, you might ask, exactly can an attorney do for your DUI? There are some legal defenses for a DUI. Most of them involve proving that the officer who stopped you had no reason to do so, or broke protocol in some other way. However, this isn’t always as easy as it sounds. For instance, many clients might ask if they can win their case based on whether or not the officer read them their Miranda Rights. The law requires an officer to read a suspect their Miranda Rights as they arrest them and take them into custody. Usually, this does not apply to a DUI case, as officers will get everything they need before taking a suspect into custody. But if an officer does not read you your Miranda Rights and continues to question you in custody, we can hopefully exclude any answers you give. The most common defense for a DUI in Virginia is to get the charge downgraded to a “wet reckless”. This is a slang term in DUI law in Virginia for a reckless driving charge. A “wet reckless” charge will also include potential AA meetings and VASAP. This defense may not be possible in every case. Many times, if a prosecutor feels secure in their case, they will resist lowering the charge. Will I Lose My Driver’s License for a DUI in Virginia? DUI law in Virginia requires a 7-day suspension of your license for a first offense DUI, and a 60-day suspension for a second offense. Once your pre-trial suspension is done, you can go pick up your license at the clerk’s office. Sometimes, the clerk’s office will mail it to you. If the clerks don’t have your license, or if your license becomes lost in the mail, you can ask for a re-issue of your license through the Virginia DMV. Will I Be Able to Drive to Work? Under the DUI law in Virginia, you will lose your license after a DUI conviction. The good news is that in most courts, you’ll be eligible for a restricted driver’s license. This license will allow you to drive to work, school, church, and childcare. For the first six months, there would be an ignition interlock device on your car. This requires you to take a Breathalyzer test every time you start your car. Contact Manassas Law Group If you or someone you know is facing a DUI in Virginia, call the Manassas Law Group at 703.361.8246. For more information about DUI law in Virginia, you can also leave us a message on our website.

settle insurance claim

How To Negotiate A Settlement in A Virginia Personal Injury Case

Do you know how to negotiate a settlement in Virginia? If you make a personal injury claim of any kind, you’ll have to negotiate with the other party’s insurance company. Even if you file a lawsuit, negotiations will be ongoing. Your case may reach a resolution out of court at any time. If you present the insurance company with a proper demand letter with plenty of evidence in your favor, negotiations may be little more than a few phone calls. This is one reason it is so beneficial to have an attorney from the beginning of the personal injury process. But this isn’t always the case. In this post, our attorneys at the Manassas Law Group will describe how to negotiate a settlement in Virginia. We’ll talk about why it may or may not be in your best interest to settle your case. And, we'll provide some tips for negotiations. How to Negotiate a Settlement in Virginia: The Negotiation Process The negotiation process for a personal injury claim will be different from claim to claim. As we said earlier, some negotiations may only involve a few phone calls. But the average settlement negotiation is a little more complex than that. Negotiations will take place between your attorney and the other party’s insurance company. Through written correspondence or more informally over the phone, your attorney and the insurance adjuster will make points about the strengths and weaknesses of your claim. For instance, your attorney may point out that there are eyewitnesses confirming that the other party was responsible for your injury. This is evidence in your favor and indicates that the insurance company should accept your attorney’s proposed settlement amount. The insurance adjuster might then point out that it is possible that someone else may have been equally responsible for your injury. This is a potential weakness in your claim and indicates that you and your attorney should settle for a lower settlement amount. Your attorney will then propose a figure higher than the counter-offer but lower than the original offer. The adjuster and your attorney will communicate this way until they arrive at a figure both you and the insurance company are happy with. The amount will probably be lower than what your attorney first offered, but higher than what the insurance company first offered. Should I Settle My Virginia Insurance Claim? Well, whether or not settling your insurance claim is in your best interest depends on your specific case. The easiest way to know if you should settle is to consult a Manassas Law Group attorney. Usually, settling insurance claims is in both party’s best interests. The alternative to settling insurance claims is to take your case to trial. Trials are unpredictable and may drag on for months and months. If your attorney advises you to settle, you should settle. The only time it is in your best interest not to settle is if there is strong evidence in your favor, and the insurance company refuses to negotiate. How to Negotiate A Settlement in Virginia: Quick Tips From A Manassas Attorney There are a few practices you can employ to put your claim in the best possible position during negotiations. Here are some of these tips from a Manassas personal injury attorney. Have A Settlement Amount in Mind How to negotiate a settlement in Virginia, tip: decide on a minimum settlement amount you will accept. As part of your personal injury demand letter, you and your Manassas attorney will determine what you think your claim is worth. Within the range of that number, you and your attorney should decide the least amount of money you’ll accept. The number in your demand letter is the amount of money you want, but it helps to keep your bottom line in mind during negotiations. It’s also important you don’t share this information with the insurance adjuster. If they know you’ll accept some smaller amount of money, they might be unwilling to offer you any more than that. But you shouldn’t cling to this figure too tightly. If an insurance adjuster points out some key weaknesses in your claim that you hadn’t considered before, it might be wise to review your minimum amount. Likewise, if the adjuster leads off with an offer near your minimum, you might move your figure upward. What is a Reservation of Rights Letter? You may receive something called a reservation of rights letter from the insurance company. Don’t be intimidated. All this means is that the insurance company is investigating your claim, but they reserve their right not to pay you if the other party’s policy doesn’t cover your accident. This is just to protect the insurance company. It prevents you from claiming that the policy covers your accident simply because the company opened negotiations with you. Don’t Jump At The First Offer How to negotiate a settlement in Virginia tip: don’t take the first offer. An insurance adjuster may offer you an extremely low claim just to see if you know what your claim is worth. Again, this is why it is beneficial to have an attorney. We’ll talk more about this tactic below. If the offer is reasonable, just a bit low, you can counter with a slightly higher number, but still lower than your original offer. This shows the adjuster that you are being reasonable, too. Make the Adjuster Justify A Low Offer How to negotiate a settlement in Virginia tip: ask your adjuster for specific reasons they made a lowball offer. It’s entirely possible the adjuster will make a lowball offer just to see if you really know what your claim is worth. If they make an offer that is unreasonably low, don’t immediately lower the amount you asked for in your demand letter. Instead, ask the adjuster exactly why their offer was so low, and write them a second letter answering each point. See if they budge after that. If the adjuster is being reasonable, you should be able to reach a fair settlement with them. Emphasize Emotional Points How to negotiate a settlement in Virginia tip: don’t be afraid to talk about emotional factors. Facts are always good, but so are strong emotional claims. For instance, if your injury prevented you from taking care of your child, you might refer to your child’s suffering during negotiations. Though there’s no way to put a price tag on pain and suffering, emphasizing your emotional pain can go a long way towards getting insurance companies to bring a reasonable offer to the table. Put the Settlement in Writing How to negotiate a settlement in Virginia tip: When you and the insurance adjuster finally reach an agreement, immediately confirm with a letter to the adjuster. This letter can be short and sweet. Just name the amount you agreed to, the injuries involved, and the date you expect to receive the settlement by. How to Negotiate A Settlement in Virginia: Call the Manassas Law Group! The Manassas Law Group has been serving the people of Virginia for generations. If you need to know how to negotiate a settlement in Virginia, arrange a consultation with the Manassas Law Group by calling 703.361.8246. You can also send us a message on our website.

MANASSAS-PERSONAL-INJURY-STATUTE-OF-LIMITATIONS

Virginia Statute of Limitations For Personal Injury

A Virginia statute of limitations is a time limit for filing a lawsuit in Virginia. If you file a lawsuit after the statute of limitations has run out, Virginia bars you from pursuing this case in court. These exist for both civil and criminal cases. This includes personal injury claims. It is important that you do not take the Virginia statute of limitations lightly. Virginia strictly enforces the rules governing the time you have to file a personal injury claim. Whether you might have won your personal injury case, the Virginia statute of limitations will take precedence. If you wait too long, your case will be invalid. When you suffer a personal injury, it can be difficult to determine what your statute of limitations is, or when time begins to run. For this reason, you should contact an experienced personal injury attorney at the Manassas Law Group immediately. What is the Virginia Statute of Limitation for a Personal Injury? Virginia § 8.01-243 outlines the statute of limitations for personal injury claims. The statute of limitations for personal injury lawsuits resulting from a car accident is two years. This time begins to run the day of the accident. This means you have to file your personal injury lawsuit within two years of the date of your car accident. The two year Virginia statute of limitations also applies to personal injury actions based on: Assault Battery Medical malpractice Product liability Exceptions to the Virginia Statute of Limitation For Personal Injury There are a few exceptions to this 2-year rule. For instance, for medical malpractice, the Virginia statute of limitations allows time for the discovery of foreign objects in the body. There is also a time of discovery rule for fraud and concealment of the malpractice, and failure to diagnose. This is because these results of the malpractice may not present themselves within two years. Similarly, there are special personal injury statutes of limitations for children. Injured children have until their tenth birthday to file a medical malpractice suit. They have until their twentieth birthday to file a personal injury lawsuit based on a car accident. What is the Virginia Statute of Limitation for Personal Injury and Property Damage Together? In a car crash, there may be both personal injury claims and property damage claims. The same 2-year rule applies to your personal injury claim. But there is a different statute of limitations for your property damage claim. In Virginia, you have five years from the date of the accident to file a property damage claim. Though you should pursue both claims as quickly as possible if it comes down to prioritizing one over the other, pursue personal injury first. Why Do We Have a Virginia Statute of Limitations for Personal Injury? Courts have been using statutes of limitations for hundreds of years. Ideally, statutes of limitations force the plaintiff to exercise their legal rights within a reasonable time. According to the Supreme Court of Virginia in 1946, statutes of limitations are in place to suppress fraudulent and old claims. In claims where more than two years have elapsed, the facts of the case can become obscure. Witnesses may have moved or died, and memories will be scarce and inaccurate. In short, when more than two years pass, it is unlikely the plaintiff will be able to prove liability anyway. This would result in a waste of the court’s time as well as a waste of the defendant’s time. This is why plaintiffs must pursue personal injury lawsuits within two years, aside from the exceptions we have already discussed. How Do I Determine the Correct Virginia Statute of Limitations? You must determine which statute of limitations applies to your case. A mistake could lead to you filing your claim at the wrong time. The first step is to identify the type of personal injury action involved. Different statutes of limitations apply to child injury, motor vehicle accidents, medical malpractice, and worker’s compensation claims. If you are unsure which applies to your case, it’s all the more reason to contact an attorney immediately. Once an attorney determines the correct type of negligence action, they can help you determine how much time you have to file a claim. This involves determining when the statute began to run and whether any circumstances allow for an extension. Sometimes it is easy to determine when a statute of limitations began to run. For car accidents, it begins to run the day of the accident. But in some cases it is more complicated. Take actions for personal injury based on defective breast implantation. Time begins to run when the plaintiff discovers the injury and learns of its causal connection to the breast implants. Thus if your breast implants are three years old and you just learned they are the cause of a personal injury, your statute of limitations begins that day. Can the Courts Extend the Personal Injury Statute of Limitations? Some of you are reading this and thinking that it’s too late to file your personal injury claim. That isn’t necessarily the case. There are some situations where the courts can toll, or stall, the statute of limitations. This happens if: The plaintiff is under a disability, a minor or of unsound mind. Defendant committed fraud. The action has been non-suited. These are the most common reasons plaintiffs receive an extension. So even if none of these situations apply to you, don’t give up. Contact a personal injury attorney immediately to see if you qualify for an extension. Contact the Manassas Law Group for Your Personal Injury Claim If you or a loved one is suffering from a personal injury, we believe you deserve compensation. The Manassas Law Group has been providing legal counsel to the citizens of Virginia for decades. To contact our offices, call 703.361.8246. You can also send us an email directly to schedule a case evaluation.

Grand Larceny VA

Grand Larceny VA Explained by Manassas Law Group

Larceny is a legal term for theft; there are two types of larceny in Virginia. Grand larceny in Virginia is a legal term for felony theft. Petty larceny, or petty theft, is a misdemeanor. Courts differentiate the two depending on the value of the stolen item. If the item is worth more than $500, it is a felony. Less than $500, and it is a misdemeanor. The penalties for these two crimes can be very serious, and the more offenses you commit, the more serious they become. At the Manassas Law Firm, we understand that people make mistakes and that not everyone deserves long prison sentences for a non- violent crime like theft. If you read on, we will explain the differences between grand larceny in Virginia and petty larceny in Virginia. We will also detail the possible penalties and legal defenses for each. What is Grand Larceny in Virginia? Grand larceny in Virginia is a felony. To have committed grand larceny, the prosecution must prove you did one of three things: Larceny from a place of items worth $500 or more, or Larceny from the body of a person of anything worth $5 or more, or Larceny of a firearm or gun, regardless of value. Let’s break each of those down. The first one means, for example, if you steal something from someone’s garage that is worth more than $500, that is grand larceny. This does not include stealing from a store. That is shoplifting, and there is a separate category for that in Virginia law. The second point is in regards to things like pick-pocketing or purse snatching. Taking nearly anything from another person’s body is immediately a felony. The third point is relatively self-explanatory. If you steal a gun, no matter how much it is worth or the circumstances of the taking, it is a felony. You could face up to 20 years in prison and a $2500 fine. What Happens on the First Offense Grand Larceny in Virginia? Even with a first offense, grand larceny in Virginia is a very serious crime. Jail time is a likelihood. Just because it is the first offense, the judge will not simply dismiss the charges. Second and third larceny offenses in Virginia almost always equal jail time. Whether this is your first grand larceny charge or your third, you need legal representation. If it is your first offense, however, there is a chance the courts might reduce your felony charge to a misdemeanor. Reducing Felony Larceny to a Misdemeanor The difference between grand larceny in Virginia and petty larceny is the value of the items in question. A good lawyer can argue that value is uncertain, and as a result, your felony can become a misdemeanor. What is Petty Larceny in Virginia? Petty, or petit (from the French for “small”) larceny is a misdemeanor. To commit petty larceny, you must have done one of two things: Larceny from a place of items worth less than $500, or Larceny from the body of a person of items worth less than $5. These scenarios are the same as the first two scenarios of grand larceny. The only difference are the values. This is a class 1 misdemeanor. It is punishable with twelve months of jail time and a $2500 fine. First Offense Petty Larceny Unlike a first offense of grand larceny in Virginia, a first offense petty larceny charge is subject to certain leniency. But it will still remain on your criminal record, so legal representation is highly advisable. Any second and third offenses of petty larceny in Virginia almost always result in jail time. What is Shoplifting in Virginia? Shoplifting in Virginia is a theft. It is larceny. But it has its own section of the law because it is specific to items the defendant takes from a store. Virginia Code Section 18.2-103 Virginia Code Section 18.2-103 separates felony and misdemeanor shoplifting charges by the value of the merchandise in question. Shoplifting of items worth more than $500 is felony shoplifting. For items worth less than $500, it is misdemeanor shoplifting. But what exactly is shoplifting, according to Virginia? Shoplifting is the taking of merchandise from a store without permission, with the intention of making it your own without paying for it. Shoplifting could also simply be defrauding the owner of the value of the object, thus paying less for it without the merchant’s permission. This means that shoplifting can be either walking out with unpaid merchandise or changing price tags or stickers on merchandise. The Virginia Code criminalizes the following acts as shoplifting: Purposely hiding, concealing, or taking merchandise in a store Altering the price tag or other price markings Transferring items from one container to another. What are Larceny Penalty Enhancements? There are several circumstances that lead to penalty enhancements for larceny charges in Virginia. Most of them apply to misdemeanor larceny charges, though one of them does apply to grand larceny in Virginia. Larceny with Intent to Sell Grand larceny in Virginia with intent to resell the merchandise has a minimum prison penalty of 2 years. When the defendant allegedly takes more than one of the same item in the course of grand larceny, that is direct evidence of intent to resell. Subsequent Petty Larceny Convictions If you have a prior larceny record, Virginia mandates a 30-day minimum jail sentence for your second offense. What is the 3 Strike Rule in Virginia? Your third misdemeanor larceny offense becomes a class 6 felony. A 30-day minimum jail sentence will accompany this charge. In addition, carrying the charge on your record is a punishment in and of itself. There are penalty enhancements for every subsequent larceny conviction. It is essential that you do not simply accept a first offense larceny charge when a good attorney could help. No one knows what the future may bring, after all. Contact the Manassas Law Firm The Manassas Law Firm has nearly 65 years of experience defending and representing the residents of Virginia. They can do the same for you. If you or a loved one is facing grand larceny in Virginia charges, petty larceny charges, or shoplifting charges, it is imperative that they have representation. To contact the Prince William County theft defense lawyers at Manassas Law Group, call 703.361.8246 to schedule a no-fee case evaluation. You can also fill out our online contact form.

speeding fines in viridian

Virginia Speeding Ticket Costs

Some consider speeding tickets or other traffic violations common and insignificant. But getting one can actually be pretty scary and stressful. This is especially true if you’ve never had a traffic ticket before. Virginia speeding ticket costs, as well as other types of traffic fines, can vary greatly depending on location and the type of citation you receive. The following is an overview of Virginia speeding ticket costs. Traffic Ticket Fines in Virginia No matter how many speeding tickets your third cousin accumulated while drag racing his 2004 Honda Accord, speeding tickets should be taken seriously. Virginia speeding ticket costs can be extensive, as well as points on your driving record. In addition, if you drive at excessively high speeds, Virginia could also charge you with reckless driving. A reckless driving charge in Virginia is punishable by more extensive fines and even a jail sentence. How Much Does A Virginia Speeding Ticket Cost? Generally, there is a $6 fine for every mile per hour over the speed limit. If you are speeding in a construction or work zone, that increases to $7. And, if you are in a residential area, the number increases to $8, with an additional $200 in total. In Virginia, speeding on a highway can lead to fines between $200 and $500. On average, a speeding ticket in Virginia is going to come with a price tag totaling between $350 and $400 if you include taxes and other fees. However, you shouldn't only associate fines with Virginia speeding ticket costs. Virginia’s DMV Points System Points against your license are another potential consequence of getting a speeding ticket in Virginia. Virginia’s DMV operates on a demerit system. Here’s a quick overview: all Virginia drivers start with no points on their record, at 0. For every year of good driving, you can accumulate one positive point. The maximum number of positive points you can accumulate on your license is 5. However, there is no limit to the number of negative points, also known as demerits, you can accumulate. You receive negative points when you break traffic laws, such as speeding. Virginia speeding tickets lead to the following DMV demerit points: 3 Demerit Points: If you were caught driving between one or nine MPH over the posted speed limit. 4 Demerit Points: If you were found driving between ten and 19 MPH over. 6 Demerit Points: If you were found driving over 20 MPH over. So, what’s the big deal? Well, there really isn’t one. This is, unless you accumulate 12 demerits in a twelve-month period, or 24 demerits in an eighteen-month period. Virginia Driver Probation The state of Virginia places drivers who accumulate this number of points on a probationary period of six months. If the driver accumulates any more demerits in that probationary period, the state then suspends his or her license for a period of time. The length of time depends on how many demerits they accumulated in the probationary period. For example, if you are in the six-month probationary period and a police pulls you over for speeding in excess of 80 MPH, you will accrue six more demerits. Your license is then suspended for 90 days, as a consequence. A four-demerit offense will land you without a license for sixty days. Furthermore, a three-demerit offense will result in a forty five-day suspension. Aside from the six demerit points, if you are driving more than 20 MPH over the speed limit, or if you are driving more than 80 MPH, you could be charged with reckless driving. This is a Class 1 Misdemeanor. This charge could result in fines of up to $2500, license suspension for six months, and a jail term of up to 12 months. Because of this system, it is important to take every traffic violation seriously. You should avoid the consequence of the probationary period, if at all possible. Obviously, Virginia speeding ticket costs add up to more than just a few hundred dollars. Responding to a Virginia Speeding Ticket Have you ever heard of anyone going to court over a speeding ticket? Though it’s relatively rare, it does happen, especially when the stakes are particularly high. Paying a speeding ticket is essentially pleading guilty to the offense of speeding. If you believe that you were not speeding, you have the option of going to court to plead “not guilty”. During this court hearing, you will be able to explain your case. You'll also hear testimony from the officer who issued you the ticket. If the judge rules in your favor, you will not have to pay the Virginia speeding ticket costs. But, you may be responsible for court fees. If the judge finds you guilty, you will be responsible for the court fees, as well as the Virginia speeding ticket costs, and other consequences associated with the ticket. This includes demerit points and increased insurance premiums. Really, it’s up to each individual person whether or not going to court is worth it to respond to a speeding ticket. Sometimes, the best thing to do is to pay the Virginia speeding ticket costs. For those worried about demerits on his or her license, they may take a state-approved driving course to increase the number of positive points, by 5. If you have been charged with reckless in association with a Virginia speeding ticket, it is absolutely in your best interest to speak to an experienced attorney. An attorney who is well-versed in traffic law can evaluate your case and determine your available legal options. They can help you determine your best legal decision going forward. Contact The Best Speeding Ticket Lawyers in Virginia Virginia speeding ticket costs can be quite steep. At the Manassas Law Group, our experienced attorneys can evaluate your case, give you an overview of potential consequences, and help drive your case towards the best possible outcome for you. If you or someone you know is facing extensive Virginia speeding ticket costs, give us a call at 703.361.8246 to arrange a free and confidential consultation. You can also send us a message online.

manassas car accident lawyer

Should I Call My Insurance Company After a Minor Accident?

Retaining a competent car accident lawyer is vital if you are injured in a wreck. No matter what the property damage, severity of the injury or insurance scenario is, if you wait until you are physically and mentally ready to hire a personal injury attorney, after a car wreck, you may have waited too long. Insurance Agents vs Personal Injury Attorneys When you get in a car accident, it may be difficult to keep a level head with respect to long term results. Everyone says, "Let your insurance handle it." It's important to keep in mind that the insurance company you have employed has a team of lawyers and adjusters who begin the process of evaluating your injury claim right away. These attorneys are not looking out for your best interest. They are hired to protect them, the insurance company. The minute the insurance company is notified of a claim, the agents start working on figuring out how to devalue your claim. This is how they make money. Facing a team of professional attorneys that work full time for a multi million to billion dollar insurance company on your own isn't a wise choice, in our book. While it is completely possible to do so, you are at the mercy of their decisions. They have the option to give you a thousand dollars, a couple hundred bucks or deny your claim completely. Sounds fair, doesn't it? It's completely up to the insurance company what to give you, since, after all, you don't really understand what legal rights you have, what alternatives you could use or how to even go about fighting them. These attorneys spend all day, every day fighting claims for their employers (the insurance company). Manassas Law Group Car Accident Lawyers We have years of experience in protecting the rights of car accident victims throughout Virginia. We have the education, experience and financial resources to stand toe-to-toe with your insurance carrier, in the event that the carrier chooses to unfairly compensate you, as a paying client. If you have been involved in a car accidents that resulted in a physical injury, your next step is to file a claim with your insurance company as well as with the insurance carrier of the at-fault party. Once you've filed your claim, it will be up to the insurance company to decide the value of your what you receive. Your insurance carrier (or the "at fault" party's carrier) may choose to deny your claim, altogether. This can become complicated. The process of filing multiple claims with multiple agencies, facilitating treatment, getting car repairs, and making sure you're getting what you deserve, especially when injured. Handling Your Own Injury Claim If you make the decision to handle your own accident or injury claim, your insurance carrier will offer you the minimum amount of settlement money with the intention of you taking it and leaving them alone. In fact, several insurance companies make the offer within days of the accident, hoping to take advantage of you. Did you think they sped up the process, just for you, because you were injured? Think again.  They were hoping you would accept before seeing the full extent of your injuries. You won't know what medical treatment you will need in the future, at that point. These types of offers are known as "nuisance value offers". This means that the insurance provider views the victim as a nuisance, who has no power to defend themselves against a seasoned defense lawyer. Often times, insurance companies will reach out to you and try to get you to give a recorded statement. Just know, this is never a good idea. This information is not for you; it's for them to use against you. You may not understand the injuries you have sustained to the fullest extent, and they are counting on this to use against you in court. A good lawyer will recognize harm that you may not even realize yet. This can include lost and future lost wages, medical costs, a life care plan, etc. Injury Claim Settlement If the amount of money seems "fair", with no backlash from the insurance company, you may want to get a second opinion. Many individuals take the a minimal settlement after executing the release of the other party, or negligent party. At this point, even if you've received months worth of medical treatment, it's too late once you've signed away your rights. It's important to remember that this is not a game, it's life, and the playing field is not at all level. A claimant who is unrepresented will lack the experience necessary to negotiate with an insurance carrier. Moreover, the claimant wont have a thorough understanding of how to negotiate the medical bills they will more than likely incur. Let Manassas Law Group Deal With Your Insurance Company Even if your accident is only minor, dealing with insurance companies can still be a headache. If you have been in a minor accident recently, call the Manassas Law Group at 703.361.8246, or fill out a short form on their website.

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