View Full Version : Attorney Advice - Lynchburg VA area
allenmurray
06-09-2010, 09:48 PM
My wife received a speeding ticket near Lynchburg VA (49 in a 35). The last time I got one similar here in Durham (just a couple months ago) the lawyer who handled it for me charged me $120 (plus I paid the costs - the $120 was his fee). He he doesn't know anyone to refer me to in that area. I went to FindLaw and contacted a few folks - the quoted rate was $500 - a four-fold increase over here in good ole Durham. All I really want is representation to try to get it redued to something that will have a less negative impact on insurance rates.
So, to make a long story short - anybody here a lawyer in the Rustburg (near Lynchburg) VA area, or know of somebody who is, who I might contact regarding representation on a simple traffic ticket?
chrisheery
06-09-2010, 10:05 PM
My wife received a speeding ticket near Lynchburg VA (49 in a 35). The last time I got one similar here in Durham (just a couple months ago) the lawyer who handled it for me charged me $120 (plus I paid the costs - the $120 was his fee). He he doesn't know anyone to refer me to in that area. I went to FindLaw and contacted a few folks - the quoted rate was $500 - a four-fold increase over here in good ole Durham. All I really want is representation to try to get it redued to something that will have a less negative impact on insurance rates.
So, to make a long story short - anybody here a lawyer in the Rustburg (near Lynchburg) VA area, or know of somebody who is, who I might contact regarding representation on a simple traffic ticket?
It is not nearly as easy to get out of tickets in Va as it is in NC with paying a lawyer. Honestly, you can pay a lawyer and still lose. In NC, it is a guarantee you will get no points. In Va, it is a 50% situation at best.
Bluedog
06-09-2010, 10:11 PM
It is not nearly as easy to get out of tickets in Va as it is in NC with paying a lawyer. Honestly, you can pay a lawyer and still lose. In NC, it is a guarantee you will get no points. In Va, it is a 50% situation at best.
My friend got a ticket in Virginia for going 3 mph over! No joke. Out of state plate in a Prius in Southern Virginia (Mecklenberg county) makes you a target. Had to pay $4 per mph over (=$12) + like a $70 processing fee...Virginia is hardcore (coming from somebody who lived in NoVa not too long ago....)
allenmurray
06-09-2010, 10:16 PM
In NC the difference between 9 mph over the posted speed and 10+ mph over the posted speed can make a dramatic difference as regards insurance. I'd gladly pay a fine double what this one is ($5 per mile over = $70 + $61 in court costs for a grand total of $131). It is the insuracne hit I want to avoid. We both have clean driving recoreds, but are getting ready to add my 16 year old son to our policy.
blueduke59
06-09-2010, 10:28 PM
In NC the difference between 9 mph over the posted speed and 10+ mph over the posted speed can make a dramatic difference as regards insurance. I'd gladly pay a fine double what this one is ($5 per mile over = $70 + $61 in court costs for a grand total of $131). It is the insuracne hit I want to avoid. We both have clean driving recoreds, but are getting ready to add my 16 year old son to our policy.
In this case the insurance company is the hammer and you are the nail.
In most counties in NC there are lawyers who specialize in traffic violations. I've had 3 speeding tickets in the last 2 years that have "disappeared". Disappeared as in if they never happened. No points. No insurance penalties. Nothing. Don't know about VA but I bet if you do some research in the county the violation occurred you may find the same type lawyer with the same "expertise".
In this case the insurance company is the hammer and you are the nail.
In most counties in NC there are lawyers who specialize in traffic violations. I've had 3 speeding tickets in the last 2 years that have "disappeared". Disappeared as in if they never happened. No points. No insurance penalties. Nothing. Don't know about VA but I bet if you do some research in the county the violation occurred you may find the same type lawyer with the same "expertise".
More than a few years ago, a friend with a (really bad) speeding ticket hired a lawyer in Durham; the families were friendly in an Old Durham way. This lawyer's particular "expertise" at making tickets disappear got him disbarred. Apparently he needed to practice the judge's signature a bit more, and make sure he signed all the documents.
-jk
Merlindevildog91
06-10-2010, 12:06 PM
Our local troopers (Henry County) have been told by their superiors that it is legitimate for them to stop people at ONE MILE AN HOUR OVER. I have not seen any tickets written for that, but when you cross into VA, be careful.
A little generic advice regarding VA-a lot depends on what locality you get your ticket in, and who the judge is that particular day. Our normal judge is an extreme stickler; some of the substitute judges, not so much. The Commonwealth's Attorney's Office (like the NC DA's Office) really doesn't have much control over what happens with those cases.
CameronBornAndBred
06-10-2010, 12:15 PM
Just be glad you aren't a Va. resident. The fines are brutal (which is probably why the lawyer rates are so high, because you still save money if you win).
Virginia is serious about curbing speed violations in the State and has introduced speeding fines that can top $3,000. More accurately, these are the fines imposed for speeding plus any reckless driving felony/misdemeanor violations you also incur.
http://virginia.drivinguniversity.com/speeding-tickets/speeding-ticket-fines
Also check here for how to beat the ticket.
http://virginia.drivinguniversity.com/speeding-tickets/how-to-beat-a-virginia-speeding-ticket/
Merlindevildog91
06-10-2010, 12:21 PM
Just be glad you aren't a Va. resident. The fines are brutal (which is probably why the lawyer rates are so high, because you still save money if you win).
http://virginia.drivinguniversity.com/speeding-tickets/speeding-ticket-fines
FYI-These guys haven't updated in a while. The civil fees were overturned by the courts as unconstitutional, and the money was all refunded.
If you're going to drive without a seatbelt, better to do it in VA than NC. In VA it's a $25 civil penalty (no extra costs), no points on your license, and you can't be stopped for not having your seatbelt on. In NC, it's $124, or at least that's the amount my stepdaughter wanted to "borrow"!
CameronBornAndBred
06-10-2010, 01:15 PM
FYI-These guys haven't updated in a while. The civil fees were overturned by the courts as unconstitutional, and the money was all refunded.
Really? That's good to know. I wonder what was unconstitutional about it.
Merlindevildog91
06-10-2010, 01:39 PM
Really? That's good to know. I wonder what was unconstitutional about it.
It was actually repealed by the General Assembly before it made its way through the courts. Sorry. Since it didn't apply to out-of-state licensees, it probably would have been found unconstitutional, but it never got that far.
The powers that be said it was only targeted for abusive drivers, but voters were VERY unhappy when they found out, for example, that people who accidentally let their licenses expire had to pay thousands of dollars for three years in penalties, and those payments had to be made in full on the due date or the person had their license suspended, and had to pay $550+ more for reinstatement.
hurleyfor3
06-10-2010, 01:50 PM
A little generic advice regarding VA-a lot depends on what locality you get your ticket in, and who the judge is that particular day. Our normal judge is an extreme stickler; some of the substitute judges, not so much. The Commonwealth's Attorney's Office (like the NC DA's Office) really doesn't have much control over what happens with those cases.
If you do get stuck with the douchebag judge, would he at least grant a continuance? That seems the most obvious way around such a scenario.
Merlindevildog91
06-10-2010, 02:54 PM
If you do get stuck with the douchebag judge, would he at least grant a continuance? That seems the most obvious way around such a scenario.
Well, yeah, but he's the judge that normally sits, and he's likely going to be there the next time the case is called, too. In one-horse localities, there's only one judge for any given court, so your case won't be on some other judge's docket the next time through, like it could be in a bigger jurisdiction.
Bluedog
06-10-2010, 08:00 PM
It was actually repealed by the General Assembly before it made its way through the courts. Sorry. Since it didn't apply to out-of-state licensees, it probably would have been found unconstitutional, but it never got that far.
The powers that be said it was only targeted for abusive drivers, but voters were VERY unhappy when they found out, for example, that people who accidentally let their licenses expire had to pay thousands of dollars for three years in penalties, and those payments had to be made in full on the due date or the person had their license suspended, and had to pay $550+ more for reinstatement.
As I recall, they wanted money to pay for road construction. In order to do that, they had to allocate it a certain way. I think it was not considered a "fine," but rather a "fee" or something. And "fees" can only be taken from Virginia residents legally. Thus, if they wanted money for road construction, they had to apply the ridiculous speeding "fees" to in-state only. Otherwise, the money couldn't be allocated in that matter. This really peeved people off in NoVa with all the DC and Maryland drivers who didn't have as severe penalties...Seemed completely unfair.
Merlindevildog91
06-10-2010, 09:02 PM
As I recall, they wanted money to pay for road construction. In order to do that, they had to allocate it a certain way. I think it was not considered a "fine," but rather a "fee" or something. And "fees" can only be taken from Virginia residents legally. Thus, if they wanted money for road construction, they had to apply the ridiculous speeding "fees" to in-state only. Otherwise, the money couldn't be allocated in that matter. This really peeved people off in NoVa with all the DC and Maryland drivers who didn't have as severe penalties...Seemed completely unfair.
Bluedog, you are entirely correct. The money was supposed to go to road construction, and was called an "abusive driver fee" or a "civil remedial fee." It was totally unfair, and was exceptionally harsh.
JBDuke
06-11-2010, 08:00 AM
Let's please stick to the topic of helping the OP find a lawyer in/around the Lynchburg area. Discussions about VA's now-repealed mega-fines is taking this thread into PPB territory, which is not allowed.
brianl
06-11-2010, 04:15 PM
I was a law enforcement officer in this jurisdiction several years ago, but still know many of those in the field. PM me, and let me know the officer's name that issued the summons. I'll be happy to offer some advice.
I'll see what I can do.
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