Have you been arrested for a DUI charge or another traffic offense? An arrest or minor traffic violation can be a stressful time in your life despite how often they happen to other people.
The State of Virginia is the highest-ranked one for speeding and reckless driving in the country! Other common infractions include running a stop sign or a speeding charge.
Having a lawyer on your side can make a big difference in how your case proceeds through the legal system. Read on to learn why it makes sense to hire a traffic ticket defense attorney for your charge!
Knowledge of Virginia Law
Whether you are being charged as a criminal for a DUI or fighting a speeding ticket, you will not know more about the law than a licensed Virginia attorney.
The Virginia Bar governs the admission of lawyers into the practice of law in the state. To gain admission, a lawyer must graduate from law school. They must then pass a character and fitness test, and a rigorous written exam.
When a lawyer specializes in traffic ticket defense, they will have a deep understanding of how Virginia law applies to the facts of your case. They will also have established relationships with opposing counsel, judges, and other people in the legal community.
A lawyer has a professional obligation to keep you updated about the progress of your case. This means that they will make reasonable efforts to keep you informed about where yours stands. Although cases may last days, others will go on for months or years.
You must find an attorney that has years of experience handling cases like yours. Their knowledge of Virginia law can be what wins and loses your case.
Understanding of Best Defense Tactics
You can’t raise the best legal defenses if you aren’t aware of them. This makes having a Virginia traffic ticket attorney in your corner so important. The practice of law encompasses many different niches, but attorneys specializing in traffic tickets know the best defense tactics for a case.
This allows them to approach your case and learn facts they can use to prepare a legal defense on your behalf. For example, if you are charged with reckless driving under Virginia law, a lawyer may request documents for the police car’s radar used during the stop.
If the lawyer’s review reveals that the police officer’s radar was not properly maintained or inaccurate, they may be able to move to get the radar results dismissed from court.
A lawyer can also perform legal research for unique areas that may apply as defenses to the facts of your case.
Analysis for Potential Motion Issues
The Constitution of the United States includes amendments that guarantee Americans certain rights. Even if a police officer does not intend to violate those rights, he or she may make a mistake or error that can have a big impact on your case.
A lawyer can identify these facts and then prepare a motion to suppress evidence obtained during the police investigation. If successful, this can prevent that evidence from being used against you in court.
An Illustrative Example
For example, imagine you are driving home after being out with friends at a party one weekend. You are pulled over and later arrested for a DUI. After you are placed under arrest and the officer begins asking you questions, you invoke your right to speak with an attorney. Instead of stopping the questions, the officer asks you how many beers you had. You respond that you drank five beers.
Under these facts, an attorney has a good chance to file a motion to suppress your confession. The basis would be for a violation of your Fifth and Sixth Amendment rights. If a lawyer is successful in court arguing the motion, your statement that you had five beers would not be presented to a jury. That’s because it was unlawfully obtained by law enforcement.
You may not realize the benefit of hiring an attorney at first glance. This kind of legal analysis can change the strength of the government’s case against you!
Representation In and Out of Court
Whether it is a phone call to a clerk’s office or trying a DUI in front of a jury, your representation matters. A lawyer is trained in the areas of court procedure and will be familiar with how the court system operates in your town.
You should look for an experienced litigator if you believe there’s a good chance that your case is going to trial. Did you know that only one to two percent of civil cases go to trial?
If you are in the minority of cases that go to trial, you can’t afford to be without an experienced litigator on your side. When the other party to a case knows your lawyer is not afraid to go to trial, this can impact your settlement negotiations.
You may end up with more favorable results when the smoke clears, although a lawyer can never guarantee a particular result.
Deciding to Hire a Traffic Ticket Defense Attorney
Deciding to hire a traffic ticket defense attorney is one of the most important ones you make after you get a ticket or criminal traffic charge. You should spend time learning about your options and finding the best attorney for you.
Mark A. Nicewicz, Esquire, has been a practicing attorney in Virginia since 1985. He specializes in criminal law, DUI/DWI, and traffic violations. Contact Mark today to set up a free consultation and learn more about how he will represent you!