Defending Serious Traffic Cases 2015: Strategies and Tactics in Representing Clients Seminar Materials

Publication Date: October 2015
Available Formats: Searchable PDF via immediate download, CD-ROM, or USB Flash Drive
Pages: 246

Information

Topics Covered:

  • Driving on Suspended License, Habitual Offender, and Operating a Vehicle Without a License
  • Eluding, Hit-and-Run, and Other Serious Traffic Offenses
  • Reckless Driving, Aggressive Driving, and Speeding
  • DMV Driver Improvement Program and Other Administrative Requirements
  • Ethics: Professional Issues Specific to Traffic Law

This comprehensive, stand-alone publication is direct from an October 2015 seminar , the companion to Virginia CLE®’s biennial DUI Defense in Virginia program.

It provides the basic theory and strategies on effective representation of clients charged with reckless driving, speeding, eluding, hit-and-run, and driving on suspended or no license, as well as representing habitual offenders and juveniles. You will learn about the point system, probation, control periods, restricted licensing, and more from a representative of the DMV. New this year will be a panel of judges who will share their views from the bench.

If your traffic practice encompasses more than DUI, this is for you. And if you seek to begin a traffic practice, this seminar is a great place to start.


Table of Contents

DRIVING ON SUSPENDED LICENSE AND DRIVING WITHOUT A LICENSE
Timothy C. Carwile

I. Driving without license in possession- Virginia Code §46.2-104

II. Driving without license- Virginia Code § 46.2-300

III. Driving on a suspended license- Virginia Code § 46.2-301

IV. Driving while restoration contingent upon furnishing proof of financial
responsibility- Virginia Code § 46.2-302

V. Driving after forfeiture of license- Virginia Code § 18.2-272

VI. General Observations

ELUDING, HIT-AND-RUN, AND OTHER SERIOUS TRAFFIC OFFENSES
Stephen A. Mutnick

I. Eluding

II. Hit-and-Run

III. Vehicular Manslaughter and Maiming

RECKLESS DRIVING, AGGRESSIVE DRIVING, AND SPEEDING
G. Manoli Loupassi

I. Reckless Driving - Va. Code §§ 46.2-852

II. Aggressive Driving — Va. Code § 46.2-868.1

III. Improper Driving (Lesser Culpability) — Va. Code § 46.2-869

IV. Speeding— Va. Code §§ 46.2-870 through 46.2-883

V. Driver Improvement Program — Va. Code § 46.2-505

VI. Va. Code § 46.2-936

VII. Va. Code § 46.2-921.1

DMV ADMINISTRATIVE ACTIONS/REQUIREMENTS
Millicent N. Ford

I. Overview

    A. DMV Requirement to Suspend/Revoke Driving Privileges
    Upon Receipt of Convictions
    
    B. Failure to Complete DMV Required Driver Improvement Clinic
    
    C. Rapid Point Violator Suspension/Failure to Complete DMV
    Required Driver Improvement Clinic
    
    D. Violation of Driver Improvement Probation
    
    E. Failure to Complete DMV Required Intervention Interview
    
    F. DMV Requirement to Run Suspension/Revocation Consecutively
    
    G. DMV Authority to Grant Restricted Driving Privileges
    
    H. DMV Requirement to Impose Ignition Interlock Requirement
    PowerPoint Presentation
    
SAME LAWS, DISPARATE RESULTS—A PANEL DISCUSSION EXPLORING
REGIONAL DIFFERENCES IN PRACTICES AND PROCEDURES

Jon Huddleston

Hypotheticals

VIEW FROM THE BENCH: A JUDGES PANEL

David Albo

Question 1

Question 2A

Question 2B

Question 3

Question 4

Question 5

Question 6

ETHICAL CONSIDERATIONS FOR THE VIRGINIA PRACTITIONER: LEO’s,
RULES AND CASES

Manuel A. Capsalis

Hypothetical 1

Hypothetical 2

Hypothetical 3

Hypothetical 4

Hypothetical 5

Hypothetical 6

Hypothetical 7

Hypothetical 8

Hypothetical 9

Hypothetical 10

Hypothetical 11

Hypothetical 12

Hypothetical 13

Hypothetical 14

Hypothetical 15

ETHICAL CONSIDERATIONS FOR THE VIRGINIA PRACTITIONER: LEO’s,

RULES AND CASES

Manuel A. Capsalis

I. Overview

II. Competence

III. The scope of legal representation

IV. Avoiding becoming a co-defendant - engaging or assisting in criminal or
fraudulent conduct

V. Fees - The basics, contingent or bifurcated fees, and fee sharing

VI. Diligence and communication

VII. Withholding information from the client

VIII. Fairness to opposing party and counsel

IX. Confidentiality of information and circumstances of disclosure

X. Candor toward the tribunal as an Officer of the Court

XI. Advocate and additional responsibilities of a Prosecutor

XII. Conflicts of interest

XIII. Communications with persons represented by Counsel and Undisclosed
Recordings

XIV. Terminating representation - The circumstances of “Shall Withdraw”
versus “May Withdraw”

XV. Reporting misconduct in the Commonwealth’s only Self-regulated
profession

XVI. Information about Legal Services

VIRGINIA RULES OF PROFESSIONAL CONDUCT

Authors

Timothy C. Carwile

Stephen A. Mutnick

G. Manoli Loupassi

Millicent N. Ford

Jon Huddleston

David Albo

Manuel A. Capsalis

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CD-ROM - $90
USB Flash Drive - $90
Both Print and CD-ROM - $125
Both Print and USB Flash Drive - $125
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