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Case Results

Holding a Cellphone While Driving Reduced to Failure to Pay Full Time and Attention in Fairfax County

October 2023

Client was driving to a work event and an employee had texted them.  A Fairfax County Police Officer saw the phone and cited our client for holding a cellphone while driving.  This is because Virginia is a "hands free" state.  Holding a cellphone is a 3-point offense for DMV purposes so client hired us to help avoid points and any insurance rate ramifications.

Client had a clean driving record and took an online defensive driving course at our direction.  Traffic was not affected and our client was polite with the officer.  Prosecutors at this time are not involved in infractions in Fairfax County so this case was heard directly by the Judge.  We explained the situation to the Judge and the officer did his bit that they had no issues with a reduction after speaking with us.  The Judge lowered the cellphone charge to failure to pay full time and attention under the Fairfax County Code with a fine.

Failure to Pay Full Time and Attention is a local ordinance that is not reportable to the Virginia DMV.  Therefore it's like a parking ticket insofar as it does not appear on the driving record.  Consequently, no DMV points are assessed and it does not affect insurance.  

Practice area(s): Speeding / Traffic Ticket

Court: Fairfax County General District Court

Jeremy S. Letnick

Jeremy Letnick is in the courtroom daily. Raised by both an attorney and a Fairfax County Police Officer, Mr. Letnick has been exposed to the intricate workings of both sides of the legal system his entire life.  His focus is criminal law and traffic law.  As result, he has the distinction of regularly appearing in the courts of Northern Virginia and consistently appears in front of the Judges and routinely works with the Prosecutors and Police Officers.  He has handled thousands of cases ranging from simple speeding tickets to robbery and manslaughter charges.  Mr. Letnick's ultimate goal is to make the client's court experience as stress-free as possible while pursuing the client's objectives.  Mr. Letnick is a second-degree black belt and takes the respectful position that everyone should stand up for themselves in Court and in life. George Mason University, B.A. 2004Thomas M. Cooley School of Law, J.D. 2008Certificate of Merit “Book Award”:Trial SkillsAlternative Dispute ResolutionForensic ScienceFairfax Bar AssociationPrince William Bar Association

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