Criminal Defense
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Fighting DUIs and other Serious Traffic Offenses

Driving is essential in today’s society. Without the freedom to drive, you may be hindered in your ability to get to work or school and to perform many other basic life functions. Criminal charges involving driving under the influence/driving while intoxicated or other serious traffic violations can threaten that freedom.

Joshua Ellis is committed to protecting your driving privileges as well as your freedom in the face of criminal charges. He knows how the criminal justice system works, and he will fight for you.

DUI Charges

A conviction for driving under the influence of alcohol or drugs, will result in the suspension of your driver’s license in addition to potential jail time, fines, possible installation of an ignition interlock device, and other harsh penalties.

A high BAC is an aggravating factor and can result in mandatory jail sentences under Virginia Law. These penalties are compounded if the DUI is a second offense. A third offense DUI within 10 years is a felony in Virginia.

You may have grounds for challenging these charges. Common considerations for DUI defenses include:

  • Lack of reasonable articulable suspicion for the traffic stop
  • Lack of probable cause for the arrest
  • Challenging the standard field sobriety tests
  • Challenging the breath or blood tests
  • Rising BAC defense
  • Failure to make arrest within 3 hours of an accident
  • Consumption after driving defense

Talk to Joshua about your situation. He has the knowledge and experience to help you navigate Virginia’s complex DUI laws. The sooner you get him involved, the sooner he can go to work on your behalf.

Implied Consent and Refusal Charges

When you drive on Virginia highways, Virginia law states that you have implied your consent to breath or other chemical testing if arrested for a DUI.

Under the implied consent laws, unreasonable refusal to take a breath test can also result in a license suspension and other penalties. A first offense refusal is a civil infraction, but carries with it a mandatory one-year license suspension.

A second offense refusal is a Class 1 misdemeanor and puts you at risk of jail time. A conviction for second offense refusal also carries with it a mandatory three-year license suspension.

Neither the one-year license suspension for the first offense refusal , nor the three-year license suspension for the second offense refusal allows for the possibility of a restricted license. For this reason, the consequences for a refusal charge can be serious for everyone who depends on driving to get to work.

Serious Traffic Offenses

In Virginia, traffic offenses can cause points to accumulate against your driver’s license. Rapid point accumulation can cause you to have your license suspended. That’s why it’s wise to consult with a lawyer before paying a ticket – which is considered a guilty plea to the offense.

Reckless driving by speed can land you in jail, as can reckless driving stemming from alleged road rage incidents.  In many jurisdictions speed above 90 mph will put you at risk of jail time.  Virginia judges can hand out harsh jail sentences for those convicted of road rage incidents as well.

Joshua Ellis can help you protect both your freedom and your driving privileges by challenging or mitigating serious traffic offenses such as:

  • Reckless driving
  • Speeding
  • Driving without a license
  • Driving under suspension/revocation
  • Hit and run/Failure to stop at the scene of an accident

He knows how to fight these charges. Do not simply plead guilty and pay the fine without considering the consequences. Contact him as soon as possible after you are charged.

Take Advantage Of A Free Consultation

Learn more about how Josh can protect your driving privileges in the face of a DUI or serious traffic offense. Based in Richmond, he helps clients throughout the area keep their freedom to drive. Call 804-608-5099 or reach out online to request your free consultation.