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Joseph McGrath, Attorney at Law
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Joseph McGrath, Attorney at Law
Joseph McGrath

2612 W. Cary St.
Richmond VA 23220
(804) 355-1842

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Joseph McGrath, Attorney at Law

Please Call : (804) 355-1842

When I first began to practice law in Virginia, I heard that most people make it through life without ever needing a lawyer. They never see the inside of a courtroom. However, for those who do, often it is because of a traffic offense. From my observation, most of these individuals go to traffic court without a lawyer. That may be a good choice for the person who just wants to pay the ticket quickly and leave; however, for a person whose job and family depend on a licensed driver, who wants to challenge the charge, or being guilty, wants to explain particular circumstances to the judge, representing yourself may not be the wisest decision. Remember you are at a disadvantage when stepping into a courtroom. The judge, the clerk, prosecuting attorney and bailiffs are all familiar with the proceedings. You, on the other hand are the outsider. A lawyer, for the innocent and guilty, works to make the playing field level and fair.

This web site is not intended to be a complete and exhaustive location for all laws and regulations touching upon the use of your driving license. I have attempted to include the more serious charges and penalties. Of course a speeding charge is serious where a conviction is the one that will cause a suspension because of priors. If your case presents particular problems or you have questions, check the links to see if you can find the answer. If not, contact me.

"He who represents himself has a fool for a lawyer."
    Abraham Lincoln

"Your license is your life."
    Joe McGrath

Please Call : (804) 355-1842

Your License


The Virginia Department of Motor Vehicles uses a point system to track repeat offenders. Different violations carry different point assignments in relation to how serious the violation is. There are three categories of point assignments. Six, four and three points. Each time you commit a traffic offense, DMV adds the appropriate points.

Examples
Six Points
DUI, Attempting to elude police, Reckless Driving in excess of 80 MPH, Driving on Suspended or Revoked License.

Four Points
Failure to obey traffic signal
Stopping/yielding offenses
Speeding 10-19 above limit
Following/signaling offenses

Three Points
Driving/passing offenses
Speeding 1-9 over limit and other speeding related offenses
Turning/backing offenses
Lighting offenses
Licenses/permit offenses
Restraints - child
Failure to report accident 
 

Penalties (for point accumulation)
1. 8 demerit points in 12 months (or 12 in 24 months)
Advisory letter from DMV

2. 12 demerit points in 12 months (or 18 in 24 months)
Required driver improvement clinic within 90 days.
Failure to attend equals license suspension

3. 18 demerit points in 12 months (or 24 in 24 months)
License suspended for 90 days
then 6 month probation period. If offense
in probation period further suspension.  
 

Guilty

Paying a traffic ticket is simple and painless. But for others who may face a Court or D.M.V. license suspension, large fine or jail, it is just as important as it is to the innocent to be represented. By being represented you will have the advantage of adequately presenting mitigating evidence, evidence which might reduce the penalties. Alternatives to the usual sentence can be recommended to the Court. For example, community service, work release, weekend incarceration, extended time to pay the fine, restricted licenses during a reckless driving suspension period. It can be difficult and complicated to ask the court for these accommodations after the case is concluded, especially if you are unrepresented.

Fees

These are only "examples". I try to charge what the average working person can afford. However, each and every case is different. Some, although appearing to be simple at first, can becaome complicated by things such as time, prior record, witnesses, etc.
Therefore, a particular case fee might exceed that as represented. Further, these examples are for the City of Richmond General District Court only and may be subject to change.

Fee Examples
Suspended/Revoked Licensed, 1st Offense $400.00
Reckless Driving by speed $375.00
Driving after declared Habitual Offender $500.00
Speeding $175.00

Please contact Joe to discuss your specific case.


Richmond VA Criminal Defense Attorney

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