February 2017 Newsletter
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What to Do If You Are Falsely Accused of Domestic Violence
Domestic violence is a serious problem that requires serious treatment. A false accusation of domestic violence can have devastating and far-reaching effects on the accused. Those effects, on both the personal and professional life of the accused, can last a lifetime.
The motivations for making a false accusation vary but may be based on spite, an attempt to embarrass the accused, or an attempt to set up a legal strategy for a pending or impending family law case.
For example, a court may issue a temporary restraining order due to domestic violence accusations without even holding a hearing.  Temporary restraining orders may be placed in effect as early as the night of an arrest or, between 20 and 25 days.  Even though the accused may be vindicated at a later hearing, the temporary restraining order likely evicted the accused from any residence shared with the accuser for that period of time. In addition, a person wrongfully accused of domestic violence may have had limited or eliminated parenting time with his or her children.
A restraining order can affect other areas of a person's life, as well. The restraining order may prevent the accused from being near the accuser, and keeping the accused from attending school functions for his or her children, for example. The accused may also be restricted or limited in how he or she communicates with the accused.
Further, a domestic violence restraining order could also result in criminal charges against you, and a domestic violence conviction could impair your right to possess a firearm for anywhere from 10 years to life. It could even jeopardize your immigration status.
Given the spectrum of consequences that can result from a false domestic violence claim, mounting a successful legal defense is key. If a false domestic violence claim has been or may be filed against you, it's important that you seek qualified legal counsel right away. The experts at the Law Offices of Virginia Landry can help clear your name and restore normalcy to your life. Call our office at 866.902.6880 or visit us at www.duiqueen.com to get started.
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What Does It Mean If You Are Charged with Being a Habitual Traffic Offender?
If your driver's license has been suspended or revoked, your life has likely become complicated by the limitation on your driving privileges. If you are involved as a motorist in driving-related incidents while your driving privileges are suspended or revoked, you could also be charged with being a Habitual Traffic Offender. That conviction comes with serious consequences.
The Basics of California's Point System
In California, an individual's driving record from the Department of Motor Vehicles accumulates points if convicted of a driving-related offense or if involved as a motorist in certain types of automobile accidents. The number of points added to your driving record is determined by the severity of the incident. Below are examples of various violations under California law and the points accumulated for each citation:
            One point:
  • disobeying traffic signals or signs
  • failure to yield the right-of-way to a pedestrian
  • speeding above the posted speed limit
  • child safety restraint violations
  • certain drug and alcohol offenses
  • unsafe, illegal, or defective vehicle equipment or lacking proper equipment
  • improper lane usage, including HOV lane
  • illegal passing
            Two points:
  • driving while suspended or revoked
  • reckless driving
  • driving more than 100 mph
  • involvement in a reportable hit and run collision with property damage or physical injury
  • DUI offenses
If a person is driving a commercial motor (CMV) vehicle when cited, the points added to the driving record are multiplied by one and one-half percent. For example, a two-point offense committed while driving a CMV would garner three points on a driver's record.

When a Person May Be Charged as a Habitual Traffic Offender
A person whose driving privileges have been suspended or revoked may be charged as a Habitual Traffic Offender if he or she accumulates enough additional points while his or her license is suspended or revoked. If you accumulate:
  • two or more convictions within 12 months for offenses that accrue one point;
  • three or more convictions within 12 months for offenses that accrue two points;
  • three or more accidents within 12 months that involve property damage or personal injury and therefore must be reported; or
  • a total of three or more points from any of the categories above,
then you may be charged as a Habitual Traffic Offender. 
Penalties for Habitual Traffic Offender Convictions
The consequences facing a Habitual Traffic Offender conviction are steep. A conviction results in a mandatory jail sentence and fine. Specifically, if you are convicted of being a Habitual Traffic Offender, the sentence for the first offense is a mandatory 30 days in jail, a $1,000 fine, and possibly one to five years on probation.
For a second Habitual Traffic Offender conviction, the sentence is a mandatory 180 days in jail, a $2,000 fine, plus the possibility of one to five years on probation. In addition, the court may order you to pay court costs and penalties. All of this is in addition to the sentence imposed for the driving offense or offenses that brought about the Habitual Traffic Offender designation.
Hiring the right attorney may help you avoid a Habitual Traffic Offender conviction. At the Law Offices of Virginia L. Landry, our Orange County defense attorneys have experience helping people charged as Habitual Traffic Offenders, and they will work to help get you get back in the driver's seat sooner. For more information about the Habitual Traffic Offender offense or the related proceedings, visit www.duiqueen.com . To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time.
  • To our future clients: We look forward to working with you in your time of need.
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Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.

The Law Offices of Virginia Landry