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Law Office of James R. Elliott

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The Virginia DMV Point System

The Virginia DMV Point System

In Virginia, there is a point system used that can negatively or positively impact your driving record. This point system is used to determine insurance rates and is also used by the court system. Outlined below is some general information about the DMV point system and how it operates. Demerit Points - These are assigned when you are convicted of a traffic violation and remain valid two years from the date that you commit the offense. Some more serious offenses will stay

The First Amendment: Language That Is Not Protected

The First Amendment: Language That Is Not Protected

The First Amendment of the United States Constitution is one of the founding principles that our country is based on. It gives us as Americans the ability to debate and speak our minds without fear of persecution from our government. The full text of the First Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably

Back to School: Getting Educated on School-related Traffic Offenses

Back to School: Getting Educated on School-related Traffic Offenses

School is back in session in Virginia which means that school buses are once again a common sight on our roads. Keeping children safe is undoubtedly important, but what some people may not know is the damage that passing a stopped school bus can do to your criminal record. Passing a stopped school bus in Virginia is reckless driving and is classified as a Class 1 Misdemeanor. This charge would appear on your criminal record and can dramatically impact your insurance rates,

Don't Let a DUI Dampen Your Holiday Cheer

Don't Let a DUI Dampen Your Holiday Cheer

Full-bodied stouts, red wine, and of course eggnog are all great alcoholic beverages to enjoy during the holiday season. When enjoyed responsibly they won't interfere with the joyous time spent with family and friends. If however, a person chooses to get behind the wheel after a few too many glasses of eggnog they could end up missing the holiday celebration all together. There were 200 crashes involving alcohol in Virginia last year from Christmas Eve until New Years Day.

How do I know how many points are on my driving record?

How do I know how many points are on my driving record?

In most traffic cases it can be beneficial to obtain a copy of your driving record prior to your court date. Several judges will look at your driving record when determining sentencing and it can be an important factor to the outcome of your case. A good driving record can result in your case being drastically reduced or even dismissed. A bad driving record, well, it's probably about to get worse. Many times the officer that stopped you will bring a copy of your driving re

Guilty or Not Guilty: Your Definitive Guide on How To Plead In Traffic Court

Guilty or Not Guilty: Your Definitive Guide on How To Plead In Traffic Court

A question that I hear all the time is "What do I say when the judge asks 'guilty or not guilty'?" and if I'm talking to one of my clients I calmly reassure them that I will be able to answer that question for them and they have nothing to worry about. Now, if you're here and haven't retained legal counsel, then I will do my best, but ultimately this decision is up to you. A guilty plea is stating to the court that you have committed the crime or infraction that you have been

Appealing a Decision From Traffic Court

Appealing a Decision From Traffic Court

You have the absolute right to appeal any final decision made in General District Court, but you must act quickly. After your case has been heard and the judge has made a final decision you have ten days to note your appeal with the clerk. As part of your appeal, you will receive a new trial in front of a new judge in Circuit Court. Once your appeal has been filed the ruling of the General District Court judge and all court costs are erased. It will be as if you have not y

Guilty or Not Guilty: Your Definitive Guide on How To Plead In Traffic Court

Guilty or Not Guilty: Your Definitive Guide on How To Plead In Traffic Court

A question that I hear all the time is "What do I say when the judge asks 'guilty or not guilty'?" and if I'm talking to one of my clients I calmly reassure them that I will be able to answer that question for them and they have nothing to worry about. Now, if you're here and haven't retained legal counsel, then I will do my best, but ultimately this decision is up to you. A guilty plea is stating to the court that you have committed the crime or infraction that you have been

The Importance of Being Polite and Cooperative

The Importance of Being Polite and Cooperative

Being pulled over for speeding is certainly an event that can ruin your day. Don't let it ruin your insurance rates by arguing with the police officer that stopped you. Never at trial have I heard a police officer say, "Your Honor, after making the stop this gentleman got right in my face and made some great points, I'd like to dismiss the case." What I do hear at trial all the time is reckless driving and speeding charges being reduced because a driver was polite and cooper

How do I know how many points are on my driving record?

How do I know how many points are on my driving record?

In most traffic cases it can be beneficial to obtain a copy of your driving record prior to your court date. Several judges will look at your driving record when determining sentencing and it can be an important factor to the outcome of your case. A good driving record can result in your case being drastically reduced or even dismissed. A bad driving record, well, it's probably about to get worse. Many times the officer that stopped you will bring a copy of your driving re