Attorney Yeargan represents clients in traffic cases throughout Virginia. He appears in Virginia General District Courts, Circuit Courts and Juvenile and Domestic Relations District Courts. Typical cases include reckless driving, driving under the influence of alcohol, speeding, failure to obey a highway sign, hit and run, driving without a license and driving on suspended license. Traffic offenses in Virginia may be non-criminal traffic infractions or criminal charges, depending on the law code cited on the Summons.
The Law Office helps clients get their ticket dismissed or reduced to a much lesser offense that does not damage the driving record. Attorney Yeargan has 24 years of litigation experience and a comprehensive understanding of the Virginia court system. He appears in court prepared to achieve an outstanding outcome for each client he represents. In most cases, Attorney Yeargan can appear in court on the client's behalf. This eliminates the need for you to take off work.
Take a moment to review the law office's case results.
Read the Ticket You Receive Carefully
It is important to get legal advice about the ticket you receive. The Virginia Uniform Summons a driver is given at a traffic stop often does not fully describe the charge or the possible penalties. Officers often leave inadequate descriptions of the charge and fail to inform drivers that a ticket may be a misdemeanor. For instance, a Summons may have a hand-written abbreviation of "R.D." on the law section filled out by the officer. This does not explain that the charge is actually a misdemeanor Reckless Driving summons that can result in a permanent criminal conviction, possible jail time, license suspension, a driving record conviction for 11 years, and increased insurance rates.
Or the ticket may say "S/R", meaning Stationary Radar. The average driver is unaware that this describes the method of speed observation. The motorist is at a disadvantage when deciding how to defend the ticket. For this reason, Attorney Yeargan advises all drivers who are issued tickets in Virginia to call a lawyer and ask for clarification of the charge.
The ticket will list a Virginia Code Section that the officer alleges was violated. The listed Code Section references a law that can inform you if the charge is a misdemeanor criminal offense or traffic infraction (non-criminal offense). The ticket (Virginia Uniform Summons) may be issued on a white computer printout or a yellow hand-written paper.
If the ticket is in the form of a white computer printout, it will list the Virginia code section directly under the court date at the top of the page. A yellow handwritten Summons will list the code section that the driver allegedly violated on the left hand side of the yellow ticket in the middle of the page. If the code section lists §46.2-852 or §46.2-862, for example, the ticket is for a misdemeanor Reckless Driving charge. The ticket will be for a non-criminal traffic infraction of Speeding if the ticket lists the code section as §46.2-870 or §46.2-878.
If the Summons is unclear, you may check your case in the statewide directory for the correct court date or description of the charge. Please click here on the Virginia Court Case Information database. You will need to select the correct county where the ticket was given and then enter your name as it appears on the ticket.
You can also now do a statewide search for pending adult criminal and traffic charges. This is not available for juveniles.
The database will state whether the citation is a traffic infraction or misdemeanor, list the court date and any continuances, the officer involved, and the case status. Contact an attorney if you still have questions about the charge or your court date!
Does Your Ticket Require a Court Appearance? Is It Voluntary or Mandatory?
Traffic infractions in Virginia are pre-payable and the person cited is not required to attend court. The Summons will state under the signature line that "you may avoid coming to court only if this block is checked and all instructions on defendant's copy are followed." The block is checked for a traffic infraction and it may be paid by mail or online. You may plead guilty by sending in the Summons and paying the fine and court costs. You will then receive a conviction and points on your driving record. Points are assigned based on the severity of the ticket and range from zero to six points in Virginia. For example, Defective Equipment is zero points and Speeding 15 miles over the limit is four points.
However, you do not have to prepay. You have the right to appear in court to challenge the ticket, or hire an attorney to appear in court on your behalf. This may help you avoid a conviction or significantly reduce the charge. Getting the charge dismissed or reduced may avoid high fines, a blemish on your driving record, points, and insurance hikes. The attorney can appear in court on your behalf so you do not need to take time off work. This law firm drafts an authorization form for you to sign, allowing the attorney to resolve the case on your behalf.
If the block on the Summons is not checked, that means the charge is a misdemeanor level criminal offense. You must appear in court and/or have an attorney represent you for the offense. Examples of this include Driving on a Suspended License, Reckless Driving, Driving Without a License, Hit and Run, Driving Outside Restrictions on a Restricted License, Allowing Unlicensed Person to Drive, and Failure to Provide Proof of Insurance. These charges may result in criminal convictions, jail time and/or license suspension. Do not ignore these tickets! Failure to attend court may result in you being found guilty in your absence or a warrant being issued for your physical arrest for Failure to Appear. If you have any doubt about what type of ticket you received, contact a traffic lawyer for a free consultation and he or she will tell you what to do.
Holding A Phone While Driving is a new and very common traffic infraction charge and is not pre-payable. It is marked on the ticket as a required court appearance. This is an exception to the general rule that traffic infractions are all pre-payable. The Supreme Court of Virginia created this policy.
Failure to Appear on a misdemeanor charge is a Class One misdemeanor under Virginia law. Virginia Code §19.2-128 makes it unlawful to willfully fail to appear on a criminal offense and it is punishable by zero to twelve months in jail and/or a fine of up to $2,500.00. The court now gives you 90 days to pay your fines and court costs after the court date. Pay attention to your court date and time so that you do not miss the appearance! If you do have a problem attending court, request a continuance ahead of time by asking the clerk to delay the date. Or hire an attorney to manage the case and request a continuance.
Attorney Yeargan regularly gets calls from people who miss their misdemeanor level court date and a capias or warrant for their arrest has been issued. They are concerned and do not want to be arrested at their home or work. The law office advises people in this situation to immediately file a Motion to Vacate the Bench Warrant or Capias with the court to remove the Failure to Appear charge and set the original underlying offense (like Reckless Driving) for a new trial date.
Do not delay! The sooner the motion is filed the higher the likelihood that it will be granted by the judge. The law office can help with this procedure if you are in this situation. Attorney Yeargan has helped numerous clients vacate a Capias Warrant for Failure to Appear.
Benefits of Hiring a Traffic Lawyer for Traffic Infractions and Misdemeanors
An experienced traffic lawyer may be able to get your case dismissed or reduced to a traffic infraction. This can save you points on your license, criminal convictions, license suspensions, increased insurance rates, high fines, and even jail time. Dismissal or nolle prosequi of a charge makes you eligible for expungement of the case from the record and helps you keep a clean history.
In most cases the attorney can appear on your behalf with a signed authorization form, so you do not need to take off work to come to court! The service is done on a reasonable, flat fee basis so that your costs are contained. It is a good idea to consult with a local lawyer to get a free, initial consultation about your case. This helps you understand the cost/benefit analysis associated with hiring a lawyer and what can be done to help your situation.
An experienced traffic lawyer knows the judges, prosecutors and court system in each county they practice. It is advisable to hire an attorney that has years of trial experience and understands the strategies that work in court. Attorney Yeargan has 23 years of litigation experience in the State of Virginia and can help you achieve an excellent outcome of your traffic charge.
There have been a lot of changes in the local court system in the year 2020/2021. Prosecutors (Commonwealth Attorneys) in Fairfax County and Arlington County now do not get involved in traffic infractions. Prosecutors in Fairfax County do get involved in some traffic misdemeanors like Reckless Driving and Driving on Suspended License (Prosecutors are also involved in all DUIs). Prosecutors in Arlington County do not get involved in traffic infractions or traffic related misdemeanors, except DUIs. This means the attorney you hire will need to have excellent relationships with the officers and judges in these counties.
The outcome for traffic cases in Arlington and Fairfax and other counties will depend on the attorneys skill in case evaluation, negotiation with officers for dismissal or reduction, and persuasive presentation of the case with judges. You need an attorney with outstanding trial experience who is prepared to fight for your case.
The Commonwealth of Virginia aggressively prosecutes individuals who drive over eighty-five (85) miles an hour or speed twenty (20) miles or more over the limit with Reckless Driving. This is considered a Class One Misdemeanor and can result in imposition of a jail sentence and/or suspension of one's drivers license. Driving Under the Influence of Alcohol is also a Class One Misdemeanor and may result in a jail sentence, loss of license, enrollment in the Virginia Alcohol Safety Action Program and/or fines.
Types of Cases Successfully Handled by the Law Firm
Attorney Yeargan has successfully defended thousands of individuals from traffic charges in Virginia. He has 24 years of experience in criminal and traffic matters. For more information on specific types of cases managed, review the following informational pages:
- Driving on a Revoked or Suspended License in Virginia
- Driving Without a License in Virginia
- Speeding Ticket Defense
- Following Too Closely
- First-time DUI in Virginia
- Second DUI in Virginia
- Third DUI in Virginia
- Felony DUI in Virginia
- Eluding Police in Virginia
- Reckless Driving Defense Strategies
- Virginia Reckless Driving Laws
- Virginia Reckless Driving Penalties
- Reckless Driving Charges and CDL Holders in Virginia
- Reckless Driving in Virginia: Faulty Brakes or Vehicle Not Under Control
- Reckless Driving Defense in Shenandoah County, Virginia
- Traffic Violation Expungement
- Holding Phone While Driving
- Failure to Appear on Traffic Misdemeanors
- Virginia DMV Point System
- Failure to Obey a Highway Sign
Contact a Fairfax County and Prince William County Traffic Defense Lawyer Today - Hire An Experienced Attorney With Excellent Reviews and Skills
It is important to have competent counsel to avoid the pitfalls of the traffic court system. Please contact Mr. Yeargan to schedule a free, initial appointment by calling 703-352-9044 or sending an online message to discuss the impact of your pending charge in the Commonwealth of Virginia. He regularly appears in traffic and criminal courts throughout the state, including Fairfax County (including the Town of Vienna, Town of Herndon, Falls Church, and Fairfax City), Loudoun County, Prince William County (including Dumfries, Quantico, Occoquan, Haymarket, Woodbridge, Manassas), the City of Alexandria, Arlington County, Warren County, Stafford County, Shenandoah County, Clarke County, Greensville County, Caroline County, the Northern Neck areas of Westmoreland and King George, New Kent County, Henrico County, the City of Richmond, Chesterfield County, and other areas.