9130 Courthouse Road | Spotsylvania, VA | 22553
​Phone: 540.445.1299 | Fax: 866.766.2688
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Frequently Asked Questions
How do I pay for your legal services
Do I need a lawyer for a DWI charge?
Although the cards may seem stacked against you, driving while intoxicated or DWI convictions have very serious and negative consequences that can impact you for the rest of your life. An experienced attorney can employ many methods for disputing and refuting key evidence that can lead to a conviction. Your best defense to a charge of DWI/DUI in Virginia is to hire an experienced attorney to fight for you. Read the blog about the 10 reasons to retain a lawyer if charged with DWI under s. 18.2-266 of the Virginia Code.
What are the penalties for a DUI conviction?
Penalties for a DUI conviction are dependent upon a number of factors, including: your blood alcohol content, the number previous DUI convictions, how long ago each of the previous DUI convictions were, and if you had minors in the car at the time of the incident.
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As DUI penalties get increasing harsher with each conviction, especially within a five year period, learn more about DUI penalties and how an experienced traffic attorney like Susan F. Fremit can fight for you.
Do I need a lawyer for a General Reckless Driving charge?
General reckless driving convictions have very serious and negative consequences that can impact you for the rest of your life. Read the blog on the 10 reasons to retain a traffic attorney if charged with general reckless driving under § 46.2-852 of the Virginia Code.
What are the penalties for a General Reckless Driving conviction?
In Virginia, a general reckless driving is a major moving traffic violation, which is generally a more serious offense than careless driving, improper driving, or driving without due care and attention. Penalties can include a license suspension, fines, court costs, DMV points and a criminal record for a class I misdemeanor.
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Learn more about general reckless driving penalties and how an experienced traffic attorney like Susan F. Fremit can fight for you.
What are the different types of reckless driving in Virginia?
Any of the different types of reckless driving charges can happen to the best of people with the best of intentions. It can happen as an accident or even an oversight. Before you operate a vehicle on a Virginia road, read the blog about the most common types of reckless driving charges in Virginia as convictions will have a negative impact on your driving record for 11 years, including general reckless driving, reckless driving passing a stopped school bus, and reckless driving by speed.
What are DMV demerits and how do they affect me?
Traffic violations incur demerit points from the Virginia DMV. Although DMV demerit points “only” remain on your record for two years from the date you commit the offense, the conviction can remain on your record for 11 years or more.
If you accumulate 18 demerits within 12 consecutive months or 24 demerits within 24 consecutive months, the consequence is a mandatory license suspension period followed by a period of probation in accordance with the provisions of § 46.2-499 of the Virginia Code. Some examples of the number of demerits for speeding are:
- Speeding 1-9 mph above the posted speed limit: conviction results in 3 demerits
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Speeding 10-19 mph above the posted speed limit: conviction results in 4 demerits
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Speeding 20 mph or more above the posted limit: conviction results in 6 demerits
What situations will a minimum sentence for assault be passed?
Minimum mandatory jail sentences will be passed if the assault:
- Involved the victim being selected by virtue of his or her race, religious conviction, color, or national original. Minimum sentence increases to six months in jail, with 30 days of that being mandatory;
- Is on a teacher, principal, or guidance counselor, while engaged in his/her duties as such. Minimum sentence increases to 15 days in jail, with two days of that mandatory; or
- Is on a judge, police officer, correctional officer, volunteer firefighter, or member of a volunteer rescue squad, while engaged in the performance of his/her public duties. The assault in this case is a class 6 felony, which results in a minimum mandatory jail term of six months.
Can I get my record expunged?
In Virginia, you cannot seal or expunge criminal record convictions. An expungement can only be obtained in Virginia if:
- you are found not guilty by the court (acquittal or dismissal);
- the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth;
- your name is used in error; or
- you obtained an absolute pardon from a Virginia Governor.
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However, if you were convicted of a felony, depending on the amount of time that has passed, you may be eligible to request a restoration of your rights. Read the blog about what you need to know about criminal record expungements in Virginia.
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