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Why You Need a Motorcycle Accident Attorney in Patrick County, VA After a Crash

Mon, 22 Sep 2025 02:34:19 GMT

Motorcycle riding offers freedom and excitement, especially in scenic areas like Patrick County, VA. However, the unique risks motorcyclists face here—from rural roads to unpredictable weather—can turn a joyful ride into a traumatic event in seconds. If you’ve been involved in a crash, hiring a motorcycle accident attorney in Patrick County, VA, is one of the most important steps you can take to protect yourself both physically and legally.

Understanding the Unique Risks for Motorcyclists in Patrick County, VA

Rural and semi-rural communities like Patrick County present challenges that drivers in urban areas may never encounter. The winding rural roads, often narrow with sharp turns and limited shoulders, require extra skill and awareness from motorcyclists. Weather conditions, such as early morning fog, rain, and seasonal ice, can further reduce visibility and road traction.

The Impact of Limited Visibility and Road Conditions on Motorcycle Accidents

Motorcycles are less visible than cars, and this visibility issue is compounded by the natural surroundings and road design in Patrick County’s countryside. Trees, hills, and curves can easily hide a motorcycle from an oncoming vehicle’s view until it’s too late. When poor visibility meets the unpredictable behavior of other drivers, the risk of collisions spikes dramatically.

Moreover, rural roads often lack sufficient lighting or proper maintenance, increasing the chances of road hazards like potholes, gravel, and debris. For motorcyclists, even a small obstacle can cause a loss of control and a serious accident.

Why Motorcycle Accidents Tend to Result in More Severe Injuries

Unlike car drivers, motorcyclists do not have the protection of a metal frame, airbags, or seat belts. Even with helmets and protective gear, the physical vulnerability of riding means accidents almost always result in more severe injuries. Common injuries include traumatic brain injuries, spinal cord damage, fractures, and road rash, many of which can lead to long-term disabilities.

An accident that might cause minor bruises in a car collision can have devastating consequences for a motorcyclist. This severity makes it especially important that accident victims receive proper medical treatment and adequate compensation, which insurance companies often resist paying out fairly.

The Critical Role of a Motorcycle Accident Attorney in Patrick County, VA

When you’re injured in a motorcycle accident, the last thing you want to confront is the complexity of insurance claims and legal battles. This is where a motorcycle accident attorney in Patrick County, VA, from Tolbert & Tolbert, LLP, becomes invaluable.

Shielding You from Insurance Company Tactics

Insurance companies are businesses that aim to minimize payout costs. After an accident, adjusters may try to downplay your injuries, blame you, or offer quick settlements that do not truly cover medical bills, lost wages, and pain and suffering. Without an attorney, you risk accepting less compensation than you deserve.

A seasoned motorcycle accident attorney understands these tactics and fights aggressively against unfair practices. They gather evidence, speak to witnesses, and negotiate directly with adjusters to ensure your claim reflects the full extent of your damages.

Local Expertise Matters: Patrick County’s Legal Landscape

Patrick County courts have their own procedures and local nuances, and knowing how to navigate them can make a substantial difference in the outcome of your case. Our firm, Tolbert & Tolbert, LLP, has deep roots in this community and is intimately familiar with the judges, insurance adjusters, and accident reconstruction experts commonly involved in local motorcycle accident claims.

The Advantage of Working With a Local Motorcycle Accident Attorney

A local attorney can expedite the legal process by quickly obtaining critical evidence, such as traffic camera footage or police reports, and securing expert testimony from nearby specialists. They also understand the typical jury attitudes and courtroom practices in Patrick County, positioning you for a more favorable resolution.

Why Immediate Legal Help Can Improve Your Case Outcome

It’s easy to feel overwhelmed after a motorcycle accident and tempted to put off dealing with the legal side. But waiting can severely harm your chances of getting justice and compensation.

The Importance of Prompt Action Post-Accident

Evidence can degrade or disappear over time. Witnesses’ memories fade, physical evidence like skid marks may be cleaned up, and delay could risk missing important filing deadlines or statute of limitations laws. Promptly contacting a motorcycle accident attorney in Patrick County, VA, ensures that your case is preserved from the start.

An attorney from Tolbert & Tolbert, LLP, will immediately begin the investigation, arrange medical evaluations, and communicate with insurance companies on your behalf. This swift action helps to build a strong case and reduces your stress during recovery.

What You Should Do If You’re Involved in a Motorcycle Accident in Patrick County

Seek medical attention immediately, even if you don’t think your injuries are severe.
Document everything: take photos of your bike, injuries, and accident scene, and obtain witness contact information.
Avoid making statements or signing documents from the insurance company without legal advice.

Contact a motorcycle accident attorney in Patrick County, VA, as soon as possible. Tolbert & Tolbert, LLP: Your Trusted Motorcycle Accident Attorney in Patrick County, VA

At Tolbert & Tolbert, LLP, we understand the specific challenges and risks that Patrick County motorcyclists face. Our dedicated legal team has years of experience protecting injured riders and their families across the region.

We are committed to:

Providing personalized attention to every client .
Aggressively pursuing maximum compensation for medical bills, lost income, pain and suffering, and other damages.
Using our local knowledge and legal expertise to navigate all aspects of your case efficiently.

If you or a loved one has been injured in a motorcycle accident in Patrick County, VA, don’t delay. The road to recovery is challenging enough—let us handle the legal battle while you focus on healing. Call Tolbert & Tolbert, LLP now at 276-728-2371 . Trust an experienced motorcycle accident attorney in Patrick County, VA, to fight for you.

Why Hire a Criminal Defense Attorney in Patrick County, VA?

Mon, 23 Jun 2025 23:22:21 GMT

Facing criminal charges in Patrick County, VA, can be overwhelming and life-altering. Whether you’re dealing with minor allegations or serious offenses, having a skilled criminal defense attorney by your side can make a significant difference. At Tolbert & Tolbert, LLP, we understand the stress and uncertainty you’re experiencing. That’s why we provide dedicated, expert legal representation tailored specifically to your unique situation. Don’t navigate the complexities of the legal system alone—reach out to us for support and guidance today.

Expert Legal Representation Protecting Your Rights

The legal system is intricate and can be intimidating, especially if you’re unfamiliar with the process. Hiring a criminal defense attorney in Patrick County, VA, ensures that your rights are protected every step of the way. From the initial investigation to court proceedings, an experienced attorney will advocate for you, challenge evidence, and negotiate on your behalf.

Tolbert & Tolbert, LLP, is committed to offering knowledgeable representation that helps clients understand their options clearly. We don’t just show up to court; we prepare diligently, gather critical evidence, and build a strong defense strategy. Our goal is to reduce charges or even dismiss the case whenever possible, ensuring you receive the best possible outcome.

Personalized Defense Strategies for Your Case

No two cases are alike. Every situation demands a personalized defense plan that addresses the specific facts, circumstances, and nuances of your case. That’s why having a criminal defense attorney in Patrick County, VA, who listens and crafts tailored strategies, is vital.

Whether it’s negotiating plea bargains or preparing for trial, Tolbert & Tolbert, LLP approaches each case with care and precision. We evaluate every detail, from witness statements to forensic reports, and consider your personal background and goals. This approach maximizes your chance of a favorable result and gives you peace of mind during an uncertain time.

Our attorneys also take the time to explain every step of the legal process, so you’re never in the dark about what’s happening with your case. We believe that informed clients make better decisions—and that collaboration between attorney and client leads to more effective outcomes. Your future matters, and we fight to protect it with strategy and compassion.

Why Local Expertise Matters

Patrick County has its own local courts, procedures, and legal culture. A local criminal defense attorney understands how judges and prosecutors operate in this jurisdiction. This insider knowledge can be crucial when making strategic decisions, such as when to push for settlement talks or challenge procedural errors.

Choosing a local attorney like Tolbert & Tolbert, LLP, means you benefit from attorneys who have built relationships in Patrick County and have years of experience defending clients here. This familiarity allows us to anticipate courtroom dynamics and advocate for you more effectively.

Don’t Wait — Protect Your Future Now

If you’re facing criminal charges, the sooner you consult a qualified criminal defense attorney in Patrick County, VA, the better. Early legal intervention can prevent mistakes, protect your rights, and strengthen your defense.

Learn more about how a criminal defense attorney can help by contacting Tolbert & Tolbert, LLP today. Our team is ready to provide compassionate and expert legal support through every step of your case. Don’t wait—call us today at 276-728-2371 to get the defense you deserve.

Top 9 Things to Know Before Hiring a Motorcycle Accident Attorney in Patrick County, VA

Tue, 04 Mar 2025 16:16:17 GMT

If you’ve been involved in a motorcycle accident in Patrick County, VA, securing the right legal representation is crucial. Virginia’s strict traffic laws can complicate the legal process, especially if you’re unfamiliar with local regulations. At Tolbert & Tolbert LLP Attorneys at Law , we understand how overwhelming this situation can be. Whether you need a motorcycle accident attorney in Patrick County, VA, or a traffic violation defense lawyer in Hillsville, VA , this guide will help you make an informed decision.

1. Virginia’s Strict Traffic Laws Are Unique

Virginia enforces some of the toughest traffic laws in the U.S. Understanding these laws is critical when selecting an attorney. Working with a traffic violation defense lawyer in Hillsville, VA, who knows local regulations, can make a significant difference in your case outcome.

2. Local Experience Is Key

Choosing an attorney familiar with the Patrick County and Hillsville court systems gives you a distinct advantage. A motorcycle accident attorney in Patrick County, VA, with local experience understands how local judges and prosecutors handle cases, improving your chances of a favorable outcome.

3. Motorcycle Accidents Are More Complex

Motorcycle accidents often result in more severe injuries than car accidents, leading to more complicated legal claims. An experienced motorcycle accident attorney in Patrick County, VA, can thoroughly investigate the circumstances of your case and advocate for maximum compensation.

4. Prioritize Communication

When hiring an attorney, communication is crucial. Make sure your attorney is accessible and keeps you informed at every stage of your case. This is particularly important when working with a traffic violation defense lawyering Hillsville, VA, who may need to provide real-time updates on court developments.

5. Understand Legal Fees and Costs

Clarifying legal fees upfront helps avoid surprises. Many attorneys in personal injury cases work on a contingency fee basis, which means you pay only if they secure compensation for you. Be sure to confirm any additional costs.

6. Look for Client Testimonials

Reading client reviews is a great way to gauge an attorney’s expertise and success rate. Pay close attention to feedback from individuals who hired a motorcycle accident attorney in Patrick County, VA , as their experiences will give you insight into the attorney’s approach and results.

7. Trial Experience Matters

While most cases settle out of court, it’s essential to hire an attorney with trial experience. A motorcycle accident attorney in Patrick County, VA, who has successfully litigated similar cases, will be better equipped to represent you if your case goes to trial.

8. Specialized Knowledge in Traffic Defense

Motorcycle accidents and traffic violations often go hand in hand. Hiring a traffic violation defense lawyer in Hillsville, VA, can protect your driving record and strengthen your case. Explore how Tolbert & Tolbert LLP Attorneys at Law can help.

9. Understand Virginia’s Contributory Negligence Rule

Virginia's strict contributory negligence rule can prevent you from recovering compensation if you’re found even 1% at fault. This makes hiring an experienced motorcycle accident attorney in Patrick County, VA critical. Your attorney must build a strong case to avoid partial fault allegations.

Get the Legal Support You Deserve

If you’re searching for a motorcycle accident attorney in Patrick County, VA, or a traffic violation defense lawyer in Hillsville, VA , Tolbert& Tolbert LLP Attorneys at Law is ready to help. With extensive experience in personal injury and traffic defense , we’ll fight for your rights. Schedule a consultation by visiting our contact page or call our office today at 276-728-2371 .

Traffic Tickets Got You Down in Hillsville, VA? Let Tolbert Law Help!

Sat, 01 Feb 2025 17:45:07 GMT

Have you been hit with a traffic ticket in Hillsville, VA? Or maybe you're dealing with the aftermath of a motorcycle accident in Patrick County, VA. Whatever your situation, a traffic violation or accident can have serious consequences. Increased insurance premiums, potential loss of driving privileges, and court fees are just some of the issues you might face. But there’s hope!

How Traffic Violations Impact You

Traffic tickets may seem like minor infractions, but the consequences can stack up quickly. Here’s how they can affect you:

Increased Insurance Premiums: Insurance companies often view traffic tickets as a sign of risky driving, which can lead to increased premiums.
Loss of Driving Privileges: Too many tickets on your record may result in a suspended or even revoked driver’s license. Without a valid license, getting to work, school, or essential appointments becomes a challenge.
Court Fines and Fees: Every traffic violation comes with a cost. Fines and court costs can add up, leaving you with a financial burden that can feel overwhelming.
Points on Your Driving Record: Virginia operates on a points system. Accumulating too many points could lead to license suspension and other restrictions.

How a Traffic Attorney Can Make a Difference

Having a lawyer on your side for traffic tickets can make a big difference. Lawyers who know Virginia’s traffic laws can look at your case closely and guide you on what to do next. Here are some common ways they can help:

Questioning the Ticket: Sometimes, there are reasons to challenge a ticket, especially if there are doubts about how it was issued. A lawyer can help look into this.
Negotiating with the Court: Lawyers can often talk with the court to try and reduce fines or find other options, which can help keep points off your record and prevent insurance rates from going up.
Going to Court for You: If going to court makes you nervous, a lawyer can go on your behalf. They’ll present evidence, argue your side, and handle all the court interactions.
Providing Clear Guidance: A traffic lawyer can explain your options and what might happen, giving you the information you need to make the best choice for your situation.

With the right help, handling a traffic ticket can feel a lot more manageable.

Need a Motorcycle Accident Attorney in Patrick County, VA?

If you’re dealing with a motorcycle accident in Patrick County, VA, Tolbert Law has experienced attorneys ready to help. Motorcycle accidents come with unique challenges, from medical bills to insurance complications. Having a skilled attorney on your side can help you pursue fair compensation for your injuries and damages.

Schedule a Consultation with Tolbert Law Today

Tolbert & Tolbert, LLP protects your rights, whether facing a traffic ticket in Hillsville or a motorcycle accident in Patrick County. Let us reduce the stress and guide you through this process.

For more information, visit our website at TOLBERT & TOLBERT, LLP, and schedule your consultation today.

Motorcycle Accident Injury Attorney in Patrick County, VA

Tue, 07 Nov 2023 19:51:44 GMT

If you've been injured in a motorcycle accident in Patrick County, VA, the need for expert legal representation becomes paramount. Tolbert & Tolbert, LLP brings to the table over 35 years of combined experience, specializing in motorcycle accident injuries. A motorcycle accident attorney isn't just a lawyer—they are your advocate, your guide, and your shield against the complexities of legal proceedings.

Our attorneys are well-versed in the intricacies of traffic laws and personal injury claims. We leverage this expertise to offer full representation at trial, striving to reduce or eliminate fines and penalties. Trust us to fight tirelessly on your behalf, with the ultimate aim of avoiding a moving violation conviction. Your rights are our priority; your fight becomes our fight at Tolbert & Tolbert, LLP.

Your Motorcycle Accident Legal Experts

A motorcycle accident injury attorney from Tolbert & Tolbert, LLP, offers more than just legal representation if you've been injured at the fault of another driver while riding a motorcycle. An attorney from our team will stand as your strategic ally, carefully examining your case, gathering and analyzing crucial evidence, negotiating with insurance companies, and arguing for your rights in court if necessary.

We understand the unique challenges that motorcyclists face on the road, the severity of injuries that can occur, and the long-term effects these can have on your life. We are committed to pursuing the maximum compensation for your injuries, medical expenses, loss of earnings, and more. Our in-depth knowledge of the law, combined with a robust understanding of the medical and financial impact of motorcycle injuries, allows us to handle your case with the utmost expertise and care.

Don't let a motorcycle accident determine your future. Leverage our 35 years of combined experience and let us help you navigate the intricacies of your case and receive the compensation you deserve for your injuries. Contact us today for a free consultation and take the first step towards reclaiming control of your life.

DUI Charges After Passing a Breathalyzer: What Evidence Police Use

Mon, 20 Jul 2020 18:16:40 GMT

A failed breathalyzer or blood alcohol test makes it easy for police to prove a driver was too intoxicated to operate a vehicle. However, drivers should not think that this type of proof is the only evidence law enforcement can use. Even drivers who pass a breathalyzer test could still face DUI charges. Here are examples of other evidence used to prove DUI.

Tests at Station

An officer that arrests someone for DUI even after they pass a breathalyzer test may want a blood alcohol test performed. Drivers could still face charges even if they pass this test too. An officer may argue that someone just under the legal limit delayed the test too long and their blood alcohol level dropped during the wait.

Another argument is that the test took place too soon. They may believe the driver had recently consumed the alcohol, and the test could not show the full amount of alcohol in their system. Drivers should not become overconfident after any passed DUI test. The police officer will use a variety of evidence to prove their belief of intoxication.

Footage From Cameras

Video evidence from an officer's body cam or surveillance cameras at traffic lights and on private buildings may become evidence in a DUI case. The prosecution may claim the video shows erratic driving or unusual behavior by the defendant. The evidence may seem obvious to the officer, but drivers often have explanations.

Unusual behavior during a stop can include nervousness, making strange statements, or acting too happy. These actions may apply to someone under the influence, but they could also happen when someone is genuinely nervous. The flashing lights of a police car during an unexpected stop can easily overwhelm a typically careful driver.

Descriptions of erratic driving can also have many explanations other than alcohol or drugs. A bee entering the vehicle, something blowing or someone running out in front of the car, or even a sneezing fit can make a driver seem less in control. Even if embarrassed about the genuine reason for the actions, anyone accused of DUI needs to admit what happened.

Tests for Sobriety

A field sobriety test gives officers another way to decide if someone should not drive. The tests performed often rely on balance and an ability to follow directions. Balance issues and nervousness make the tests less than accurate for many people.

Physical impairments of any type, even excess weight, can lead to a failure to perform the test properly. Inner ear issues and back or leg injuries can throw people off balance. Seniors often have age-related health issues or balance problems because of the side effects of medication. A defendant should offer proof of how the field test proved nothing.

Search of Vehicle

A police officer may search a vehicle if they feel suspicious about the behavior of the driver or their failure to pass a sobriety test. Any empty or open container may seem like proof. The law typically considers an open container as one with a broken seal and at least partially consumed and accessible to the driver.

Open container laws can mean a ticket or a citation, but they do not prove intoxication. The container may belong to another person in the car. The driver may own the container but avoided drinking the contents that day. Or, they may have consumed some but not enough to make them unable to drive.

Drivers should stay quiet but cooperative during a DUI stop. Make sure to inform the officers of health issues, medication, or physical disabilities that could affect a field sobriety test, and if you are charged with DUI, contact an attorney to discuss your defense options. At Tolbert & Tolbert, LLP , we understand that things are not always as they seem. Contact us today.

Top Defenses to Traffic Violations

Fri, 12 Jun 2020 18:11:30 GMT

Criminal penalties, the suspension of driving license, and an increase in car insurance premiums are just some of the consequences of traffic violations. Fortunately, you don't have to suffer the consequences if the police accuse you of a traffic violation. The following defenses can help you avoid a conviction.

Challenge the Officers Conclusion

In some cases, the authorities can charge you with a traffic offense because of the arresting officer's subjective conclusions. For example, the government can charge you with dangerous driving, even if you did not exceed the speed limit. In such a case, you can win your case if you prove that your driving wasn't dangerous.

An example is if the arresting officer based their conclusion on the roar of your car's engine. Maybe the officer thought you were speeding in a school zone. You can prove that your car's make and model or modification means it produces sounds that others can mistake for speeding.

Challenge the Officer's Observation

Police officers typically stop motorists based on what they see. For example, an officer might flag you down if they see you make an illegal turn or drive on the wrong lane. For such cases, you need to provide evidence that proves the officer was mistaken in their observations. Here are examples of such evidence:

A dashcam or surveillance video that proves what really happened.
Photographs that show the officer couldn't have witnessed your alleged crime (for example, if a stalled truck obstructed the officer's observations).
Reliable eyewitnesses who can help confirm your claims.

Merely your words against the officer's words won't help you — you need irrefutable proof.

Prove Mistake of Fact

A mistake of fact defense requires you to prove that you misunderstood the facts of the situation when you committed the alleged offense. In essence, you must prove that you did everything right with the facts you had at hand. Here are some examples of situations in which a mistake of fact defense may work:

Failing to stop at a stop sign because a fallen tree is hiding it from view
Driving over on two lanes because the markings are invisible
Exceeding the speed limit because someone has defaced the sign

Your chances of success with this defense go up if you can prove that you were not familiar with the road in question.

Prove Legal justification

With the legal justification defense, you have to show the court the legal excuse that allowed you to commit the alleged act. For example, some roads have minimum speed limits. However, a serious mechanical problem in your car can force you to slow down on such a road. In that case, you can use the mechanical problem as a legal justification for the speed violation.

Prove Avoidance of Serious Harm

Road emergencies can force you into a situation where you have to commit an offense irrespective of your decision. If your decision leads to traffic violation charges, you can point to the serious harm you avoided as the reason for your actions.

Consider an example where you have to rush an accident victim to the hospital, and violates the speed limit in the process. In this case, letting the accident victim suffer or die is more serious harm than violating the speed limit. You might have to prove that the accident victim's condition would have worsened if you had obeyed the speed limit.

To beat a traffic violation charge requires thorough knowledge of traffic laws and the criminal justice system. Good knowledge of the local court system will also help. Fortunately, Tolbert & Tolbert, LLP, is well equipped with such knowledge. Contact us today, and we will do everything possible to help you fight your traffic violation charges.

Standard Roadside Sobriety Tests and How They Are Performed

Fri, 15 May 2020 18:07:39 GMT

How much do you know about roadside sobriety tests? If you're like most motorists, you probably don't know much about these tests. This article will highlight what you need to understand about the three NHTSA-approved roadside sobriety tests, how they are performed, their reliability, and how they aid police in investigating DUI cases.

Pen-Waving Test

Horizontal nystagmus (HGN) is a term the medical community uses to describe the involuntary jerking, bouncing, or twitching of the eyeballs. This movement occurs when you move your eyeballs towards the side.

Most sober individuals show minimal to no signs of nystagmus until they move or rotate their eyes at an angle of 45° from their nose. When an individual is impaired, however, HGN is more pronounced and may even occur at smaller angles.

Test Administration Procedure

After pulling you over, the officer will request you to look straight ahead, keep your head still, and look at a stimulus that they'll hold up approximately 1 foot from the center of your face. The stimulus can be anything from a pencil to a flashlight.

The officer will then order you to follow the stimulus as they move it slowly from your left to your right. This part of the critical test helps the officer to check for signs of nystagmus and equal pupil size.

A few seconds after performing the first portion of the test, the police officer may ask you to track the stimulus again as they move it more quickly from side to side. This last step allows the officer to check for equal tracking and determine the exact angle at which the exaggerated HGN occurs.

Positive HGN test results might indicate BAC levels above 0.10. But this is not always true. Research has shown that factors such as medical conditions, psychiatric disorders, hereditary factors, age, the type of stimulus, and prescription drugs can also cause nystagmus.

HTT Walk Test

The heel-to-toe test is also commonly referred to as the walk-and-turn or straight-line test. The traffic police officer uses this test to assess your ability to count, balance, focus, and follow orders.

Test Administration Procedure

The police officer will request you to take several steps (usually 9) along an imaginary or a drawn straight line. In the first phase, the officer will seek to determine your ability to follow orders and balance. In the last phase, the police officer will look for other signs that the BAC levels could be above 0.10.

One-Leg Stand Test

This standard test is intended to evaluate your ability to balance as you focus your attention on something else.

Test Administration Procedure

The police officer will request you to stand on one leg for about 30 seconds with your hands on your sides. You may also be asked to count by thousands to identify signs of impairment. The examiner will be looking to see if you fall over, lose balance, or display other critical signs.

Reliability of the Sobriety Tests

According to NHTSA , HGN or pen-waving tests have a reliability rate of 77%. HTT walk has a 68% reliability rate, while the one-foot stand has a 65% reliability rate.

If you fail at least one of the standard tests, the traffic officer may arrest you for DUI. But even when conducted in the most ideal of scenarios, standardized field sobriety tests are never 100% accurate or reliable. Hiring a seasoned DUI lawyer can help to spot weaknesses in the test procedure or results, which is a critical step towards building a defense against DUI charges.

If you are in Virginia and need legal assistance after a DUI arrest, Tolbert & Tolbert, LLP, can help you get away with the best possible outcome. Contact us right away for advice or legal representation.

Can a Pedestrian Be Held Responsible for an Accident?

Tue, 14 Apr 2020 17:47:39 GMT

In most cases, pedestrians have the right-of-way, but in some situations, the pedestrian's actions can be partially responsible or totally responsible for the accident. If you would like to learn more about when pedestrians may be held accountable for causing an accident, keep reading.

When Is the Pedestrian Responsible for the Accident?

Whether you're driving or walking, you need to follow applicable laws. Naturally, because vehicles can cause severe and fatal accidents, they have more responsibilities and rules to follow. However, even a pedestrian must pay attention to what's going on around them, and one of the biggest mistakes pedestrians make is jaywalking.

Normally, a pedestrian should only cross at a designated crosswalk or intersection (anything else is considered jaywalking). Since drivers know this, they tend to pay more attention to pedestrians at crosswalks or intersections. Therefore, if someone suddenly darts into the middle of the road, the risk of an accident increases because the driver isn't expecting anyone to cross the street.

In some cases, the pedestrian may not be paying attention or be fully aware of their surroundings. This can happen for several reasons, but it commonly occurs because people are preoccupied with their phone or they are walking around intoxicated. In either case, the pedestrian's actions played a major role in the accident.

Is the Driver Still Partially Responsible?

In most cases, as the driver, you'll still be partially responsible for the accident. Even if the pedestrian walked into the middle of the road while staring at their phone, the driver has a responsibility to be a defensive driver. As a defensive driver, you have a better chance of swerving or stopping to avoid that pedestrian who suddenly enters the road.

Naturally, you may not be able to avoid the pedestrian in every instance, but a lot of drivers lose this argument because the insurance carrier will say they were driving too fast, not paying attention themselves, etc. In other words, the insurance carrier will argue you were not being a perfect and defensive driver, so you are partially to blame for the accident.

In fact, the insurance carrier can use many arguments to say you weren't paying full attention to your driving. These include: talking to someone, looking at GPS, adjusting the radio, dealing with children/pets, eating or drinking, and zoning out.

Who Will Receive a Settlement?

You and/or the pedestrian will only receive a settlement if one of you is fully responsible for the accident. This is because Virginia follows the contributory negligence rule, which states that if anyone is partially responsible for the accident, they get no settlement.

In most other states, you only lose your settlement if you are more than 50 percent responsible for the accident. As long as you are less than 50 percent responsible, you still qualify for a reduced settlement. Therefore, if you are found 10 percent responsible, your settlement is reduced by 10 percent.

In Virginia, however, even if you are only 10 percent responsible, you get no settlement. For this reason, you need to have a skilled attorney who can help prove that you were doing everything right during the accident.

No one wants to be involved in an accident, but if you have been the victim of a car accident, you may be owed restitution to make you whole again. Since Virginia follows contributory negligence, however, your best chance to win is with a skilled accident and personal injury attorney. If you would like to know more about accident claims, or if you are ready for a consultation, contact us at Tolbert and Tolbert, LLP, today.

Why Hire an Attorney for Traffic Violations

Tue, 07 Apr 2020 17:43:57 GMT

You may be wondering if you should hire an attorney for your traffic offense. If you opt not to hire a lawyer, this decision could harm you in the end. You may not be able to walk away from the violation without sustaining a substantial fine or other consequences. An attorney may be able to decrease the fine, prevent points from being added onto your license, or lessen the duration of a license suspension.

Preventing Points on Your License

In the state of Virginia, like many other states, you receive points on your license for traffic violations. The number of points depends on the nature of your offense.

Adults in Virginia may only receive 12 points on their licenses in a 12-month period before they lose their driving privileges for a designated amount of time. During a 24-month period, you may only have 18 points against your license before you receive a driver's license suspension.

When you appear in front of the magistrate or courthouse alone, you may not know what to say to reduce your offense and prevent these demerits on your license. An attorney, on the other hand, may be able to lessen the number of points you receive and possibly help you retain your privilege to drive.

Attending on Your Behalf

You have the right to appear in front of the magistrate or judge to plead your case.

If you have to work and can't attend, you have no choice but to plead guilty. If this happens, you lose your right to fight the ticket or negotiate a lesser consequence. When you plead guilty, you accept the standard outcome associated with that violation. Keep in mind that the sentencing worsens depending on the number of offenses you've had in the past.

An attorney can appear on your behalf. You may go to work or handle your other responsibilities without making an appearance at the magistrate's office or courthouse.

Lessening the Fine

Fines may cost you hundreds or even thousands of dollars, depending on the nature of your traffic violation. Additionally, if you've had previous violations for the same offense, you'll receive a higher fine than you would as a first-time offender.

When you're unfamiliar with the law and ways to lessen the severity of your fine, you endure the typical fine for that offense. A lawyer thoroughly understands the law and can lessen the amount of the fine.

Preventing an Insurance Increase

You may be able to handle the cost of the fine, but the possibility of an insurance increase is another factor that you must take into consideration when you're deciding whether you want to hire an attorney.

For some offenses, your insurance company receives notification of the violation. The company then has the option to increase your premium because of it. Depending on the number of previous offenses you've had as well as the nature of the current violation, you may receive an extensive insurance increase.

Dismissing the Ticket

In some cases, an attorney can have the ticket dismissed completely. In other words, you won't be responsible for any fines, nor will you receive any points on your license. The offense also never goes on your record, and it won't affect your insurance. When you hire legal representation, you have a better chance of the magistrate or judge dismissing the ticket.

You may benefit from hiring an attorney for traffic violations . An attorney may speak on your behalf and prevent you from receiving points on your license, suffering from an insurance increase, or even serving jail time. Contact Tolbert & Tolbert, LLP, serving Hillsville, VA, and the nearby region, to see how we can help if you've had a recent traffic offense.

Steps to Take If You've Struck a Pedestrian

Tue, 03 Mar 2020 17:39:05 GMT

Streets are often very busy. You typically have to contend with other cars, trucks, bicycles, and pedestrians as you navigate to your destination. Everyone using the roads, including pedestrians, needs to adhere to a set of laws. Yet sometimes accidents still occur. If you're involved in an accident in which your car strikes a pedestrian, take the following steps.

Stop and See to the Pedestrian's Safety

Fight-or-flight instinct often kicks in after an accident, and some drivers are motivated to flee the scene. However, the criminal charges of a hit-and-run accident are far more severe. So if you're involved in an accident with a pedestrian, your paramount duty is to stop. Make sure you're not obstructing traffic and that your hazard lights are engaged.

Once your car is safely stopped, attend to the pedestrian. The act of moving a person who has been struck by a car is tricky. If they're ambulatory on their own, you can guide them to a safe space. If they're prone, though, you shouldn't encourage them to move because moving can make any injuries worse.

You do want to stay with the pedestrian until help arrives. If the injured person can't move from the road, then you'll need to somehow minimize the risk of further injury. Assess the current traffic at the time of the accident to make the call of what to do to minimize that risk.

Call for Help

Your next step should be to call for medical help, both for yourself and the pedestrian. Often, the extent of injuries is not clear, so call for an ambulance even if both of you seem fine. Likewise, you should call the police — a 911 call should be sufficient.

If you're a medical professional yourself, you might be inclined to help the pedestrian. Virginia law protects people who make a good faith effort to treat an injured person. Generally speaking, as long as you're acting in good faith, you should be exempt from liability regardless of the outcome. That said, you want to evaluate your own state after an accident before offering medical help.

Document the Accident Scene

Any time you're in a car accident, you should document the scene. You'll need this information for your insurance and for any potential legal issues that arise from the accident. You can start by noting the time, date, and location of the accident. You can also note the weather conditions. Likewise, make some notes about your version of the accident while it's fresh in your memory.

Get the name and contact information of everyone involved. This contact information should come not only from the pedestrian but also from any potential witnesses. Also get the name and badge numbers of the officers who report to the scene. You'll later want a copy of the accident report as well.

Finally, don't be afraid to take photographs of the scene of the accident. These photos should document property damage. Don't take photos of the pedestrian unless you have permission. Likewise, don't exchange information about the accident itself with the pedestrian or witnesses beyond contact information.

Contact Your Insurance and an Attorney

Whenever you're in a car accident, you need to contact your insurance company. The details you've collected from the accident will be very useful. You need to take this step even if your car didn't incur any damage because the pedestrian will likely file a claim.

Your next step should be to contact a traffic attorney. If you're found to be at fault, then the pedestrian might be able to recover compensation for injuries. However, in some cases, the pedestrian is at fault. Jaywalking, crossing against the traffic signal, and walking in prohibited areas are examples of that situation. An attorney can help you navigate these instances of liability.

Always be aware when you're on the road. In the unfortunate event, though, that you're involved in an accident with a pedestrian, take the above steps to protect yourself. If you need legal help, call Tolbert & Tolbert, LLP .

4 Types of Common Civil Cases

Fri, 31 Jan 2020 17:33:19 GMT

A lot of court cases involve crimes and criminals. However, in civil cases, no one has broken the law, but someone has been wronged or believes they have been wronged. If you would like to learn more about civil cases and lawsuits, check out these four common types.

Contract Disputes

When you agree to certain terms in a legally binding contract, you cannot break them without valid reason. If you do breach the contract without reason, the other party may sue you. The types of contract breaches include minor and material breaches. A minor breach doesn't change the core of the contract, and both parties should still complete the contract. However, the other party may still sue you for damages.

Similarly, they can sue you for material breaches. A material breach is something so big that it negates the entire contract to the point that neither party can rectify it. For example, if you agree to provide a service for a one-time event, and you don't provide the service, that may be a material breach because the one-time event has passed.

Property Disputes

As the name suggests, property disputes deal with any real estate disputes between two or more people. Some homeowners undergo property disputes regarding the property line. In other cases, property disputes involve how the land is zoned (commercial, residential, etc.). In severe cases, you and the other party may even argue about who actually owns the property.

Issues can also arise when neighbors build structures that block your view. For example, if your neighbor builds a tall fence (which drastically impacts your view), it may constitute a property dispute if you can prove it to be a spite fence, or a fence they built purely to annoy you. In some cases, the fence may even be illegal if it is taller than the local laws permit.

Torts

Tort simply means a civil wrongful act, which may include personal injury, assault, fraud, etc. Any action that causes injury to another person's body, property, or character may end up in civil court. Even if you didn't mean to hurt anyone, you can be held liable. Even if you were unaware of the potential risk (like a giant hole in your yard), you may be held responsible by the courts.

Torts also include defamation from libel or slander. You commit libel when you print harmful lies about someone. You commit slander if you speak harmful lies about someone. In most cases, libel is treated more severely because it is longer lasting than oral slander. Messages on the internet can last forever and continue to hurt the individual long after you’ve resolved the issue.

Class Action Cases

Sometimes, a business hurts an entire group of people. Instead of filing many individual claims, attorneys file one class action case. The person who first brought the issue to the attention of an attorney is normally the lead plaintiff. The lead plaintiff works with the attorney to create a condensed hearing that includes all attorneys, defendants, evidence, and witnesses.

Class action cases can seem overwhelming, but if you aren't the lead plaintiff, you don't have to do much to benefit. In most cases, affected individuals are automatically included in the lawsuit. If you don't want to be included, you'll need to opt out. Common class action cases include fraud, employment practices, and defective products.

Civil cases don't usually end with jail-time, but they can be expensive, especially if you are found guilty and have to pay the plaintiff. If you would like to know more about civil cases and how you can protect yourself during one, contact us at Tolbert & Tolbert, LLP today.

3 Traffic Laws in Virginia You Should Know About

Fri, 20 Dec 2019 17:16:43 GMT

As a driver, you are responsible for knowing the different traffic laws in the state you drive in. Some states have stricter traffic laws than others and have heavier fines when you break them. If you live in Virginia or drive through the state on a regular basis, you should be aware that the traffic laws in this state are stricter than others.

Discover three traffic laws in Virginia you should know about.

1. Speed Limits

The maximum speed limit on rural interstates and freeways in Virginia is 70 mph . The maximum speed limit on urban interstates and freeways is 65 mph. Other maximum speed limits include:

Other highways: 55 mph
Highways within city limits: 35 mph
Highways without a surface: 35 mph
Business and residential districts: 25 mph

The maximum speed limits in school zones are as posted. The maximum speed limit for large vehicles, such as trucks, tractors, and house trailers is 45 mph. When a driver is caught speeding for the first time in Virginia, they must pay a fine of $8 for every mile over the speed limit. They will also need to pay a $51 processing fee.

If the driver gets caught speeding in a residential zone, the fee is $200. Violators may also face jail time and have their driver's license suspended. Drivers in Virginia can also be fined for driving too slow. The speed is considered too slow when the driver obstructs the normal flow of traffic.

2. Reckless Driving

Reckless driving is defined as the willful disregard for safety when operating a motor vehicle. Drivers who drive recklessly also have a disregard for the consequences. In Virginia, reckless driving is a serious criminal offense. In fact, reckless driving is a class 1 misdemeanor.

Any time a driver in Virginia exceeds the speed limit by 20 mph, this is considered reckless driving. It is also considered reckless driving whenever the driver exceeds 80 mph. Drivers charged for the first time with reckless driving can get fined up to $2,500. They may also spend 12 months in jail and have their license suspended for six months.

3. Driving Without a License

Driving without a license in Virginia is considered a class 2 misdemeanor . Drivers caught driving without a license in Virginia can get fined up to $1,000. Drivers might also spend up to six months in jail.

For drivers caught driving without a license a second time, the violation becomes a class 1 misdemeanor. Drivers could also get up to one year in jail and pay a fine of up to $2,500. They also risk their vehicle getting impounded. Those who don't have their license with them while driving can get fined $10.

Other laws in Virginia pertaining to driver's licenses include:

Driving with a suspended or revoked license: This is a class 1 misdemeanor, and the vehicle gets impounded for 30 days.
Driving with a license revoked for DWI: This is a class 1 misdemeanor, and the vehicle gets impounded up to 120 days with no chance of getting a restricted license.

T he fines and jail time increase with each repeat offense of driving without a license or driving with a suspended license. In the instance the license is revoked for DWI, a third offense is a class 6 felony. The driver could get up to five years in prison and pay a $2,500 fine.

If you are charged with any of the above traffic violations while driving in Virginia and want to fight these charges, you will need the expertise of a traffic violation lawyer . Contact Tolbert & Tolbert, LLP, to see how we can help.

Distracted Driving and Cell Phone Laws in Virginia

Tue, 19 Nov 2019 16:59:34 GMT

You can get in a lot of trouble if you drive distracted. Virginia has laws that penalize distracted driving and impose various penalties if you are convicted. However, some laws, such as the updated 2019 cell phone law, may have you confused. In many cases, you could unknowingly break the law. Here is more information about distracted driving, the Virginia cell phone law, and their penalties.

What Is Distracted Driving?

Distracted driving is where you do anything that is not specifically related to the actual task of driving. When most people think of distracted driving, they immediately think of using a cell phone to talk or text. However, distracted driving can include eating, tending to your children, listening to the radio, or talking to a passenger while driving.

What Distracted Driving Activities Can Officers Stop You For?

Obviously, if an officer sees you in the act of violating the law, then he or she can give you a citation. However, even if the activity is not illegal, you can still be stopped.

For example, if you are fiddling with the radio, and you swerve all over the road while doing so, then you can be stopped for distracted driving. Tuning the radio is not illegal, but if the activity is affecting your driving so much that you are putting yourself and others at risk, then you can be cited for it.

What Are the Cell Phone Laws in Virginia?

Cell phones are considered a major cause of distracted driving. As of 2019, Virginia does not ban cell phone use while driving, but the law does pose some restrictions. Here are some things you are currently allowed to do while driving:

You can talk on a hand-held device while operating your vehicle
You can look at your phone to read your caller ID
You can look up numbers on your phone

While you are allowed to use your phone while driving, recent changes in the law have put restrictions on where and when you can use your phone. Here are some examples of when using a cell phone is not allowed:

You cannot talk on a hand-held phone while driving through a work zone
You cannot talk on a hand-held phone while driving if you are under 18
You cannot talk on a hand-held phone if you are engaged in driving a school bus
You cannot talk on a hand-held phone if you are engaged in driving a commercial passenger vehicle with over 15 passengers
You cannot send or receive any type of text message or email while driving except in a few, narrow circumstances

What Are the Exceptions to the Current Cell Phone Laws?

Exceptions to the law are few, but include some of the following circumstances.

Texting while legally parked or stopped
Calling or texting for emergency purposes (such as reporting a crash)
Using your phone as a first responder as part of your official duties
Looking at or using a GPS

What Are the Penalties for Distracted Driving?

Penalties for distracted driving range from a fine to possible suspension of your license. In the case of the cell phone law, the fine is based on whether you have or have not received a ticket for this violation before. Additional penalties may be based on other factors or behaviors. For example, if you were excessively speeding, then this could also result in a reckless driving charge.

Driving while distracted is never a good idea, but you should not be penalized if you did not break the law or drive in an unsafe manner. If you feel that you received an unfair traffic ticket for distracted driving, then contact Tolbert & Tolbert, LLP , to help you with your case. We have experienced traffic violation lawyers who can help you through the court process to mitigate or eliminate your penalties.

Frequently Asked Questions About Red Light Camera Tickets in Virginia

Tue, 22 Oct 2019 16:35:52 GMT

Red light cameras are becoming more and more prevalent. However, different states have different laws in regards to whether the cameras are legal and what types of penalties you may face if a camera catches you running a red light.

If you live in the state of Virginia or have received a red light camera ticket in Virginia, you may have many questions. Here are a few frequently asked questions about red light camera tickets in Virginia.

Are Red Light Cameras Legal in Virginia?

Cameras that catch drivers running red lights are legal in the state of Virginia. Police officers are responsible for reviewing the footage captured by a red light camera and determining whether or not a citation should be mailed out.

Can the Cameras Tell If You Stop to Make a Right Hand Turn Against a Red Light?

In the state of Virginia, sensors placed in the ground can determine whether or not your car comes to a full and complete stop prior to making a right hand turn. While it is legal to make a right hand turn against a red light, the law does require you to come to a full stop at any red light, even if you turn at the light. If the sensors indicate you did not stop, the cameras will activate and take photos of your car.

Is the Owner of the Car Responsible for a Ticket?

In some states, the driver of the vehicle is responsible for the red light violation. In other states, the owner of the vehicle is responsible for the red light violation. Per Virginia State Code 15.2-968.1, the owner of a vehicle is responsible for a red light camera ticket even if they were not driving. This is the same way a parking ticket works.

If your car was reported stolen and you made a police report, all red light camera tickets will be waived for the period your car was out of your possession.

What Are the Penalties for a Red Light Camera Ticket?

In the state of Virginia, a red light camera violation is treated differently than a ticket that is issued by a police officer who caught you running a red light. A red light camera ticket is not considered a moving violation in the state of Virginia. This means that it will not go on your driving record, nor will it affect your auto insurance rates. The maximum penalty for a red light camera ticket in the state of Virginia is $50.

Can You Receive Both a Red Light Camera Ticket and a Ticket From Law Enforcement?

If you run a red light and a law enforcement officer witnessed the incident, they may pull you over and issue you a citation. When a police officer issues this type of citation, it is a moving violation that can affect your driving record. It also carries a penalty of up to $350. However, the red light camera does not realize that a police officer caught the violation and pulled you over. As such, you may receive a red light camera ticket and a ticket from law enforcement.

If this occurs, you will be able to note this on the red light camera ticket and have that ticket dismissed. You will then be able to pay the fine for the officer-issued violation or dispute that ticket if desired. You will not be required to pay both tickets for the same offense.

If you have received a red light camera ticket in the state of Virginia that you do not feel is fair, Tolbert & Tolbert, LLP, can help you to fight the ticket. Contact us today to discuss any and all traffic violations you are facing, and let us help you to get them reduced or dismissed.

What You Need to Know About Plea Bargains

Sat, 21 Sep 2019 16:26:29 GMT

When you are charged with a DUI, reckless driving, or another traffic offense with far-reaching consequences, one of your first instincts may be to accept any plea deal the prosecutor offers. But is that always the right idea? Keep reading to learn more about plea bargains.

Know Why Prosecutors Offer Plea Bargains

When you understand why prosecutors offer plea bargains, you understand their intentions and whether taking the bargain is the best option. You can discuss the plea bargain with your attorney to determine if the plea bargain is in your best interest.

Prosecutors offer plea bargains for many reasons, including the fact that jails and prisons are largely overcrowded and plea bargains often offer reduced sentence time. Additionally, the calendars for prosecutors and courtrooms is very busy, and small cases can clog the system. Prosecutors may hope to clear up as many cases as possible.

Another reason why a prosecutor may offer a plea bargain is to ensure a conviction. The prosecutor may not feel confident about taking the case to court, but if you agree to a plea bargain, that conviction is a guarantee.

Know Why a Plea Bargain Might Be Good for You

You must know when the plea bargain works in your favor. For example, you might take a plea bargain if you feel better about having a secure outcome. You may feel anxious and stressed out about the unknown outcome of trial, but a plea bargain gives you a certain outcome.

Your attorney may also recommend you take a plea bargain if evidence that emerges during trial could reveal something more damning than the charges you currently face. In some cases, the evidence may damage your reputation, even if it does not show you are guilty of a crime.

Based on your criminal background, a plea bargain may provide the most lenient sentencing. If you take a plea bargain, you may be charged with a lesser offense than the charges you originally faced and would then face in court if you take your case to trial. Rather than facing mandatory jail time, you could face probation or a fine.

Know Why a Plea Bargain Might Not Be Good for You

Of course, you will also come across scenarios in which a plea bargain is not in your best interest. For example, not all cases can be bargained down from the original charges. If you have multiple DUI convictions in your past, you may not be able to plea down. In other situations, a judge may not be willing to sign off on the plea bargain.

Additionally, many people simply do not want to accept a plea bargain if they did not commit a crime. After all, the plea will appear as a conviction on your record. If your criminal history is currently a blank slate, you may not want to add something to it unnecessarily.

Know the Best Way to Learn About Your Options

Speaking with an attorney is typically the best way to determine if a plea bargain is in your best interest. Criminal defense and traffic law attorneys have seen cases just like yours day after day, and they know how to work with prosecutors to ensure you are treated fairly and in accordance with the law.

Tolbert & Tolbert, LLP Attorneys at Law is knowledgeable and understanding about not only plea bargains, but also the necessity to take your case to trial. Regardless of what you want to do with your case, you should speak with a criminal defense attorney who understands traffic offenses. Call our office today to speak with a member of our team who understands the local plea bargain process.

Driving Too Slow? What You Need to Know

Tue, 20 Aug 2019 16:15:44 GMT

While many people associate driving slowly with driving safely, the two are not necessarily connected. Did you know that driving too slowly in Virginia may actually be a traffic offense? Drivers who are unable to keep up with traffic may present a danger to others. If you did not realize you could receive a citation for driving too slowly, keep reading.

What Are the Laws?

According to Virginia state law, nobody may operate a motor vehicle at a speed that impedes the reasonable movement of traffic. Reduced speed is allowable if doing so is necessary to operate the vehicle safely or in accordance with the law.

Often, this law is most applicable to drivers who maintain a position in the left lane on the highway. Drivers who do this do not give other drivers the opportunity to pass legally, and the action also puts other drivers on the road at risk. Drivers should stay in the right lanes except when passing.

The laws are important because slow drivers can contribute to traffic congestion. Additionally, slow drivers can contribute to road rage and aggressive driving on Virginia's highways. Emergency personnel, including police officers and paramedics, also can feel endangered by slow drivers in the left lane who may not get out of the way for lights and sirens.

Why Do People Drive Slow?

Many people simply do not realize they are driving too slow in the left lane. They may become distracted, they may feel as if they are driving safely, or perhaps they feel slighted by another vehicle trying to pass them. Often, drivers are safest when they move out of the left lane when clear to do so.

What Is the Punishment for Driving Too Slow?

Driving slowly in the left lane is a primary offense, which means you can get pulled over for doing so. The result? A ticket and a fine — on top of anything else the ticketing officer finds.

Virginia issues tickets for $100 related to driving slow in the left lane. According to USA Today , the fines have helped Virginia rake in more than $1 million. While the fine for an initial citation may not seem like much, you may not want such a citation on your record.

How Can You Defend Against Allegations of Slow Driving?

You can take several steps to defend against allegations of slow driving. For example, you might have evidence you had to slow down to make an upcoming turn. Or maybe you had just passed a large vehicle and intended to move back to the right lane when safe to do so.

Weather conditions also impact your ability to drive safely at a certain speed. For example, the weather may be too foggy or too rainy for you to drive any faster. These conditions might also apply to your vehicle. For instance, you may have just realized that something was very wrong with your car and you needed to slow down quickly.

In the tickets handed out from July 2017 to April 2018 , people challenged 2,000 of 16,000 citations. Some of those tickets pertained to trucks driving in the left lane, but 2,000 tickets were specific to driving slow in the left lane. Of the tickets challenged, only 600 were upheld. As you can see, you can fight the citation successfully in court.

Tolbert & Tolbert, LLP , is a legal firm that understands your need to fight traffic citations and accusations. Do you have a ticket to fight? Call us today to fight back against your traffic citations. We are available to meet to discuss your case and answer your questions.

Out-Of-State Traffic Tickets: What You Need To Know

Thu, 08 Aug 2019 16:03:44 GMT

Have you received a ticket in Virginia when you are not a resident of the state? When you receive a traffic violation in Virginia, it can follow you back to your home state. In some states, your license can even be suspended if you were speeding above a certain limit. If you live outside the state of Virginia and receive a traffic violation, you should keep the following in mind.

How Has Technology Affected Tickets from Out-Of-State?

Due to the increase in technology within the Department of Motor Vehicles, out-of-state tickets are more easily resolved. At one time, you could get a ticket in a different state and face no real consequences. Prior to increased technology, there was no good way for a state to send your violation to your home state. You could essentially get away with not paying your fine or facing other consequences.

Now, police cars across the country are equipped with the technology to easily find any infractions associated with your license plate. The officer can now simply input your license plate number into the system to see any traffic violations you have committed no matter which state you are from.

Your contact information, the information associated with the vehicle, and information about your driver's license is now available at the touch of a button. The technology has now made the likelihood of escaping an out-of-state ticket very low. You can now face consequences in your home state if you commit a traffic violation in another state.

What Can an Out-Of-State Ticket Do?

If you commit a traffic violation in another state, you can face different consequences based on the infraction. In Virginia, you can face a fine up to $2,500, a six-month driver's license suspension, or even up to one year in jail. You could even face your violation appearing on a background check, which has ramifications on your ability to obtain employment.

Additionally, a traffic ticket from another state can also affect your insurance. Insurance companies offer drivers a certain rate based on the risk of the driver. If you have a clear record, the insurance company will offer you a better rate because your likelihood of not getting into an accident is higher.

When you get an out-of-state ticket, your insurance will change. Your insurance premiums will not only increase, but you can also get points on your license and lose any good driver discounts you have. You can even lose your insurance coverage if the infraction is bad enough.

What Can You Do If You Get an Out-Of-State Ticket?

If you receive a ticket in the state of Virginia and you live in a different state, you have a few things you can do. First, you should contact an attorney who works primarily in moving violations. If you try to take care of the ticket on your own, you may have to travel back to Virginia to deal with it. If you are a distance away, the extra travel can be a big inconvenience.

Your attorney can argue on your behalf during your hearing. He or she can ask for a reduced fee, or even request a dismissal altogether. If the judge wants you to take defensive driver's courses in return, your attorney may be able to ask that you can do so online. An attorney makes the experience much easier than handling it yourself.

If you have received a ticket in Virginia and you live in a different state, contact us at Tolbert & Tolbert, LLP . We will work with you and the court system to deal with your traffic violation as quickly and easily as possible.

Facing a DUI With a Minor Passenger

Wed, 03 Jul 2019 15:43:56 GMT

Being pulled over and arrested for a DUI is difficult enough, but being arrested while having your child in the car is even more disastrous. Not only are you facing a DUI, but your standing as a parent is suddenly called into question. You are surely left with many questions and not enough answers. This guide will help you get through the process as smoothly as possible.

When Is the DUI a Felony?

Typically, a DUI is a misdemeanor in Virginia. Your DUI may become an enhanced DUI, also known as an aggravated DUI, which can involve felony charges. You may face this enhanced charge if you already have two DUI convictions, have an especially high BAC, or severely injure somebody while intoxicated behind the wheel. The judge has some discretion in charging you with a felony or misdemeanor.

What Are the Punishments for Conviction of a DUI With a Child Passenger?

According to Virginia law, it is illegal to operate a vehicle while under the influence of alcohol, but it is more serious when you do so with a minor in the vehicle. Additional penalties apply in cases involving minor passengers. The minor could be a biological child, step-child, niece, nephew, or even friend.

For a regular first-time DUI, you might face a fine up to $2,500 and a suspended driver's license for one year. You may also be sentenced to jail time. With a child in the car, your penalties increase by at least $500 in fines.

If you are convicted of a second or subsequent DUI with a child in the car, the judge will likely issue increased penalties to deter further criminal behavior.

The sentence increases if you have an enhanced DUI. For example, if the judge deems your actions to have demonstrated disregard for the child's life, then they may charge you with a Class 6 felony , which comes with punishments including a prison sentence of one to five years. In some cases, the judge or jury can sentence the defendant to a shorter time in jail. You may also face a fine up to $2,500.

If a child becomes injured in an accident linked to the DUI, you could face a Class 4 felony and even steeper punishments. Virginia's Class 4 felonies come with prison sentences ranging from 2 to 10 years. You could be fined up to $100,000 .

Will CPS Get Involved In Your Case?

CPS may get involved in your case out of regard for the safety of your child. If you are the sole guardian for your child and are arrested and jailed, your child could enter the foster care system if no other family members are able to take care of them.

If you are amid a custody battle or are trying to adopt a child, your DUI case could impact those processes as well. A DUI conviction, especially with a minor in your vehicle, can make you appear like an unfit parent.

What Should You Do If You Are Arrested for a DUI With a Child?

The first thing you should do after your arrest is find an attorney who understands DUI law. Your attorney is essential for ensuring you receive a fair trial, especially when custody of your child is on the line.

Several defenses are possible depending on the details of your case. Perhaps the testing facilitated by the police department was faulty or gave a false-positive. Or maybe the police officer did not have probable cause to pull you over in the first place. Your attorney will help you develop all the evidence you need to support your case.

Tolbert & Tolbert, LLP , is a legal office providing service for individuals who have been charged with a DUI. If you had a child in your car while driving under the influence, you may need more legal help than you think. Contact our office today for a consultation regarding your upcoming case.

Are You Liable for Your Teenage Driver's Accident?

Tue, 04 Jun 2019 15:20:05 GMT

If you think that the only way to get arrested for a DUI is to drive under the influence, you're mistaken. You don't have to be under the influence to fail a field sobriety test. In fact, about one-third of sober people who take a field sobriety test fail. Unfortunately, if you fail the field sobriety test, you will likely be arrested and taken into police custody. From that point, you face a long battle while you try to prove your innocence.

Here are just five of the ways that you can fail a field sobriety test while you're sober.

When a teenager begins to borrow the family car to drive themselves, parents usually have a lot of concerns. Is their child ready for the responsibility? Will they use this new right in a smart manner? And will new independence affect their choices?

Even at this challenging time, though, one thing that all parents or guardians should take the time for is to understand how teenage driving accidents involve the parent. In doing so, you can also protect your family by reducing potential liability. How so? Here's a starter on what you need to know.

What Is the Driver's Liability?

Generally, all vehicle drivers are expected to operate that vehicle with due diligence and intentional safety. Even though a teenager is still a minor in the eyes of the law, as a driver, they have the same responsibility to do so as adult drivers.

This means that if your child is reckless, such as driving at high speeds, or is negligent — using their cell phone, for instance — they can be liable for damages or injuries just as you would be. If they engage in criminal acts, such as drunk driving, they face legal and financial consequences just like an adult.

What Is the Parent's Liability?

Adult drivers are generally held responsible for their own actions. However, a parent of a minor may also be held liable in certain circumstances.

Two legal reasons hold a parent liable for a child's actions. The first is "negligent entrustment.” This legal concept means that if you know (or should know) that someone is negligent, you may also be negligent if you don't provide sufficient supervision. If the teen has had multiple speeding tickets, for example, allowing them to continue driving your vehicle may be considered negligence.

The second way you may be responsible is because the law could consider the child as acting under your direction and authority. As a person with control over the minor's activities, a parent is presumed to provide direction in how the vehicle is used. This is "vicarious liability.” If you send your teenager to pick up their siblings, for example, the law could argue that they are under your direction.

Both legal ideas are reasonably vague and have a potentially wide scope. An experienced attorney can help you assess your risk of either being used against you in a specific situation.

How Can You Minimize Liability?

Now that you know how liability may affect you as a parent, what can you do about it? Legal liability usually depends on the idea that you did something negligent or reckless. Therefore, your best protection is to take your role seriously in enabling the teenager to drive.

Consider ways you can take reasonable action on what you already know about your child's driving. If he or she uses their cell phone while driving or speeds on a regular basis, you may not want to give them the keys until they can prove more responsible behavior. If you doubt their driving skills, can they take lessons or classes? If they're easily distracted, do you allow them to drive with others in the car?

In addition, make sure that you have the most appropriate insurance coverage for all drivers and all vehicles. Insurance covers most damage or medical expenses should the child be in an accident, and it helps avoid problems if others are in the car.

No one can prevent all accidents, even in the best of circumstances. But by taking your role as a parent or guardian responsibly and taking steps to reduce any risk of recklessness or negligence, you can minimize the financial and personal fallout from an accident.

At Tolbert & Tolbert, LLP, we can help you find the answers you need both before your teenage driver is involved in an accident and afterwards. Call today to make an appointment.

5 Reasons You May Fail a Field Sobriety Test While Sober

Fri, 10 May 2019 14:32:05 GMT

Here are just five of the ways that you can fail a field sobriety test while you're sober.

1. You Have a Medical Condition

If you have a medical condition that interferes with your balance, you may not be able to pass a field sobriety test. That's because field sobriety tests require you to show that you can maintain proper balance.

Unfortunately, medical conditions such as vertigo, inner ear conditions, or even muscle tremors can all cause you to lose your balance. Moreover, vision problems can also lead to a failed field sobriety test, especially if you're required to walk a straight line.

2. You Suffer From Anxiety

If you suffer from anxiety, or you become overly nervous in stressful situations, you may fail a field sobriety test. Intense anxiety or nervousness can cause your body to tense up or become jittery. When that happens, you may not be able to perform the required physical portions of the test.

Not only that, the officer in charge of the tests may misconstrue your jitters as intoxication. Unfortunately, that means that your nervousness or anxiety could result in a DUI arrest.

3. You're Fatigued

If you're fatigued, you may not do as well on a field sobriety test as you'd like to. In fact, fatigue can cause you to fail. Fatigue doesn't mean that you're tired. Fatigue can occur when you've spent too much time in one position, such as when you've been on the road for several hours.

While you've been on the road, your leg muscles have weakened. They may have even tensed up into cramps. Once you try to pass a field sobriety test, you may find that your legs won't work the way you need them to in order to pass the required tests.

4. You Didn't Understand the Instructions

If you're pulled over for a DUI, the officer will give you verbal instructions on how to perform the sobriety tests. If you're pulled over in a high traffic area, you may not be able to hear the instructions properly.

If the excess noise interferes with your ability to hear and understand the instructions, you may not perform the test properly. Not only that, but if the officer explains the instructions in a way that was confusing or vague, you may have problems with the test, which could result in your arrest.

5. You're Significantly Overweight

If you're significantly overweight, field sobriety tests may be difficult for you to perform. This is particularly true with the walk and turn or the one legged stand. These two sobriety tests require complete control of your balance, which is something that obesity can interfere with. Unfortunately, law enforcement can use a loss of balance during the field sobriety test as an indication of intoxication.

You don't have to be under the influence to fail a field sobriety test. If you've been arrested for a DUI, you need to seek legal representation as soon as possible. If you're in the Hillsville, VA area, contact us at Tolbert & Tolbert, LLP. We're here to provide you with the legal representation you need to fight your DUI.

4 Possible Legal Defenses for a DUI Charge in Virginia

Tue, 02 Apr 2019 14:14:34 GMT

A DUI conviction can come with serious consequences. A first offense can come with a fine and full year suspension of your license. The suspension alone can create an incredible amount of hardship for someone. Penalties for subsequent offenses only become harsher. Here are some of the defenses available for a DUI charge in Virginia.

1. The Arrest Occurs on Private Property

A common misconception is you can only receive a DUI if you're on a public highway or road. Actually, an arrest or citation for a DUI can happen on private property. However, the implied consent law of Virginia doesn't technically apply on private property.

Implied consent means, as a valid license holder, you automatically give consent to undergo breath or blood chemical testing within three hours of an offense. Refusing such a test constitutes breaking the law and can come with its own penalties.

The law, as written, stipulates implied consent is only in effect when on a highway or other roadway accessible to the public. If you're arrested or cited on private property, any chemical test taken may not be admissible in court.

2. The Charge Itself Has Faults

A DUI charge can consist of a single sentence, but really, that charge contains three elements. The elements of a DUI include:

You drove or operated;
A motor vehicle;
While under the influence of alcohol or drugs.

Prosecution must prove each one of these elements individually.

If the prosecution cannot satisfactorily prove beyond a reasonable doubt you violated all three of these elements, there's a chance the case against you will fail. For example, if a police officer finds you drunk, behind the wheel of a car, they may cite you for a DUI.

If you weren't driving or operating the vehicle, then one of the three elements isn't satisfied. Note that operating a vehicle means having the ability to manipulate it. If you have the key in the ignition, even if you're not doing anything else, this is enough to prove vehicle operation.

3. The Arrest or Citation Violates Your Fourth Amendment Rights

Your Fourth Amendment rights protect you from unreasonable search and seizure. The play between the Fourth Amendment, Virginia's own search and seizure laws, and the details of your stop can create a lot of gray area for your defense to work with.

Two main things come into question when an officer stops or approaches you:

Reasonable suspicion – The officer must have a valid reason to stop you.
Probable cause – The officer must have a preponderance of evidence to arrest you.

If an officer cannot prove these two things, you might see your case dismissed. Profiling or other forms of discrimination that lead to arrest can also represent a violation of your rights.

4. The Sobriety Testing Doesn't Give Accurate Results

An officer can put you through a series of field sobriety tests. These tests are not fully reliable, as they require you to perform actions you can have trouble with whether intoxicated or not.

For example, the eye test is very complicated, and an officer may not have the expertise to judge its accuracy. Your defense can challenge any physical test based on your own physical health, environmental conditions, and road conditions at the time.

In addition, an officer must administer these tests in a particular fashion. If the officer doesn't follow the guidelines for the tests, the tests may become invalid in your case.

These are only a sample of the possible defenses to a DUI in Virginia. Each one of these examples requires a legal representative to help you figure out how to present the defense. Your legal representative can also help you work out other defenses depending on the details of your case.

The more doubt you can add to the prosecution's case, the better the chance of you receiving a good outcome. If you're facing a DUI charge, contact Tolbert & Tolbert, LLP , immediately.