Legal Question in Traffic Law in Virginia

Dear Sirs,

On Dec. 7, 2009 I was in a car accident that was my fault and my insurance lapsed. Long story short, I received a civil judgment in which I am to pay $11,564.05 for the damages done to the other car. My license was suspended for the judgment on 9/14. On 9/16, I was in another accident where I rear ended someone. I received a ticket for following too close and for driving on suspended (which is how I was notified of the suspension). I later received the DMV notice of my suspension, post marked the day of the 2nd accident and the ticket for driving on suspended (9/16), which I still posses, with the postmark and all. Although the accident took place in front of the police station, I drove 20 minutes home to pick up my children from daycare. Today I received a warrant for my arrest in which I had to go to the police station, before a magistrate who agreed that it should have been a summons and not an arrest warrant. The arresting police station does not have a police record. The lady in records for the station that this originated from does not have any information other than that my arrest warrant was for LIC REVOKED: DR W/O LICENSE, 1 OFF. No one is for sure if this was issued for possibly driving home (which I didn't admit to) or issued for the same, initial ticket, driving on suspended. The lady in records suggested that I speak with the officer in regards to what the arrest warrant is actually for. I am not sure if that is advisable, considering I will see him in court soon. Should I get a lawyer for this matter? I spoke with a traffic lawyer when it was regarding the initial ticket for driving on suspended, he advised me that I do not need a lawyer, considering the evidence of my lack of knowledge. Should I file a Motion for discovery to find out what, specifically, this arrest warrant is for? In order to get my license back, I had to make payment arrangements with the lawyer for the insurance company and they will fax the info to the DMV. I will pay the DMV $145 reinstatement fee, get SR-22 insurance and I should have my license back (in theory, not considering the events with my license suspension and arrest warrant). Any advice on this complex matter is appreciated. Thank you.


Asked on 10/01/10, 1:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

My advice to you would be the following: Get a lawyer to represent you who is familiar with the traffic court in which your various charges are pending. (Driving While Suspended is a Class 1 criminal misdemeanor charge and jailable offense.)

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Answered on 10/06/10, 2:19 pm


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