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Law Doctor
Law Doctor, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Represented clients in excess of 30,000 cases over 15 years.
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I was convicted on appeal of wreckless driving 120/55 in

Customer Question

I was convicted on appeal of wreckless driving 120/55 in fairfax county Va. Even after doing the driver improvement course, the aggressive drivers course, volunteering for 80 hours community service I still lost my license for 6 months, 500 dollar fine, 1 year probation, got 10 days in jail which I already served. Even though my attorney and I made it painfully clear to the judge that I MUST DRIVE to make money as I am an electrician with a truck that has all my tools and supplies in it, the judge said "he can take a cab" which is rediculous! Even after he was told that not giving me a restricted license would kill me financially and I will lose everything I have, my house, my cars, my truck, screw up my credit rating and basically devistate my life, he refused to issue me a restricted license? This is way too harsh for a speeding ticket even if it was excessive. Also it happened 8 months ago! I need to appeal to the judge to re-instate me to drive on a restricted license! Virginia
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Doctor replied 9 years ago.


Unfortunately, a judge has the awesome power to suspend your drivers license, as well as to levy fines and sentence people to jail. I certainly think the judge was very harsh in your case, as justice should be tempered with mercy. I am not sure if you tried your case, or plead out your case, but your attorney it appears did not advocate for you. Your options are limited at this point, as the time to file an appeal long since expired, as an appeal must normally be filed within 30 days of the date you were sentenced.

However, you may file a Motion to Modify Sentence, especially if you have completed all of your court requirements, such as pay all of your fines, complete community service, etc.....If you performed well on probation and have completed all your conditions, the judge may terminate your probation early and reinstate your license, or at least issue a restricted license. I recommend that you retain an experienced criminal attorney to file this Motion on your behalf. The legal fee should not cost more than $1,000. If you have not completed your C.S. hours, or still owe money, make sure you fulfill every condition the judge ordered you to complete before you file the Motion to Modify Sentence. It will also help if your probation officer would go to bat for you and recommend reinstatement of your license. Your severe economic hardship you are now enduring should be brought to the judge's attention in the Motion.

I hope my response has given you hope. I wish you the best of luck and will pray the Motion is granted. Please remember to click on the ACCEPT button. Any positive feedback you can report on me would be greatly appreciated, as well as any bonus. If you need more help, contact me.

Customer: replied 9 years ago.
Hi, thanks for your opinion. If you read my email, it clearly states that I had already appealed the case. The original conviction was almost 8 months ago. I dragged it out as long as I could to buy time so I could get community service hours in, do the courses and try to prepare for the worst which has happened. Worst for me because I lost my license.
I am wondering if I move to Maryland if the MVA would consider giving me the right to drive in their state in spite of the fact that I am suspended in Va? Any chance there? I would of course answer all questions truthfully on the application for a license including 'yes' to "are you suspended to drive in another state?"
My attorney argued but the judge said that 120 MPH is just too high so he could not issue me a restricted license. He was told that I drive a TRUCK which is much slower than my high performance mustang. He was told that my truck has all my tools and supplies and it is my sole source of income yet he just didn't seem to get it! The cop lied by saying things that just weren't true or even slightly actual! I think he's the kind of guy that used to get beat up at school. He's a greasy short pale skinned blonde haired cop goes by the name of Officer Lowery. He is probably in his late 20's and has the voice of a kid and probably the IQ of a retarded ameba protozoa! Comical!
Another problem is I received another ticket a few months ago for going 79/55. We went to trial on that and got it reduced to 'improper'. Still I lost my ability to say "hey judge, I haven't gotten in any trouble in 8 months". Sucks!
Thing is, the significant thing is that taking my license away has the grave potential to destroy my life! I am on the edge financially! Litterally! I have one months rent paid, this month and I haven't earned a dime since I got out of jail, lost 2 jobs I could have done already because I can't drive LEGALLY! I am afraid to try to get away with it. The cops would cuff and stuff me and I'd have to serve out the remaining 20 days of my sentence minimally. I'd probably be suspended for a longer period of time too! Punishment Drive just doesn't work! When are the courts and cops going to get this fact straight in their heads?
They are breeding criminality by committing injustices on people via abuse and other draconian means! Fairfax county courts have the reputation of being EVIL. I am not kidding you! Ask anyone who has been there or works there and has a conscience!
So what say you now counselor? Again, thanks for talking with me about this very dire and worrisome situation. I really appreciate it!