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Daniel P Leavitt

Daniel P Leavitt

Quality representation, with personalized attention to each case.
  • Traffic Tickets, DUI & DWI, Criminal Law
  • Virginia
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I have successfully defended thousands of clients charged with offenses ranging from reckless driving by speed, DUI, speeding tickets, fatal accidents, all the way to malicious wounding, assault and battery and attempted murder, and robbery. I have over 8 years of experience, including jury experience.

- Member Virginia State Bar
- 100 percent positive rating from past clients
- Past President, Hopewell Bar Association for 2 years
- Member of National Association of Criminal Defense Lawyers
- BBB accredited, A+ rating

At Leavitt & Martin we emphasize personal attention to each case, and our case results follow.

Practice Areas
  • Traffic Tickets
  • DUI & DWI
  • Criminal Law
Additional Practice Areas
  • Reckless Driving
  • Speeding Tickets
  • Hit and Run
  • Accidents
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Fixed (Sometimes), Free Consultation (15 minutes), Hourly ($200-$250/hour)
Jurisdictions Admitted to Practice
Professional Experience
Virginia State Bar
National Association of Criminal Defense Lawyers
Better Business Bureau
Liberty University
Honors: Magna Cum Laude
Top 100 Criminal Defense Lawyers
National Trial Lawyers
Recognizing Excellence in the Practice of Law
Lawyers of Distinction
Professional Associations
National Association of Criminal Defense Lawyers
- Current
Hopewell Bar Association
Past President
Websites & Blogs
Blog – Leavitt & Martin
Legal Answers
132 Questions Answered

Q. Can a cop say he saw me driving an issue a warrant even though he didn't pull me over
A: I don't think anything would prevent them from going before a magistrate and swearing out a warrant. I could be wrong about that, but I think they can do that. If they didn't stop you though, how do they prove it was you and not someone that looked like you? So they may have proof issues.
Q. I got pulled over for failing to stop at a stop sign in va. The cop gave me a ticket with a court date on it.
A: No. Some errors on the ticket do result in dismissal. The most frequent, I find, are where the officer writes down the wrong offense date. However, your case would not be dismissed for the reason you mention. For stop sign tickets, the law says you have to stop at the stop line. Some intersections the stop sign is well BEFORE the stop line. Not sure if this applies but if you find a legal defense it's likely to revolve around where you are supposed to stop. Even if you broke the law, they might help dismiss the case if you have a very good driving record (and assuming there was no danger to life, limb or property due to breaking the law).
Q. I got a ticket the other day for failure to obey highway sign. What can I do to not have that on my record?
A: Failure to obey a highway sign does have demerit points so if you can get it reduced that is best. Moving violations frequently result in an insurance increase. You can hire an attorney who is familiar with that court to get it reduced in most cases. Every judge/court I know will reduce a moving violation for you or dismiss it with driving school if you have a clean driving record.
Q. I am currently trying to get my case or charges dismissed. I had a court appointed lawyer tell me I might end up doing
A: Registration charges don't carry the possibility of jail. Driving suspended charges carry the possibility of jail. Usually it helps to get your license back. In my experience, courts are going to look at the reason your license was suspended and whether or not you get it back. In addition, and perhaps the most important, is how many prior offenses you have for driving on a suspended license or related offenses like driving without a valid license... as well as your past criminal record. Some judges are very lenient on this and others are not lenient at all.
Q. Officer coercion
A: It depends on the state. In Virginia for instance, a civil refusal first offense does not carry any jail. But a second offense in Virginia is criminal and carries the possibility of jail.
Q. A dui blood alcohol test was performed in january 2018 in Tennessee. The result was found inadmissible later in may.
A: I am unclear of your question. I would recommend that you talk to a DUI lawyer where you got the DUI. Your question is posted in GA but referencing TN court decision. Is this TN or GA where you got a DUI? Talk to a lawyer where you got the DUI.
Q. How can I fight a 4th degree felony for driving while suspended for 2nd dwi? Is their a mandatory sentence?
A: Driving on suspended charges are difficult to defend in any state, especially if the suspension was due to a DUI suspension. Get a good lawyer to help you in court to minimize what happens.
Q. when if i can have a DUI expunged from my record?
A: Every state will have their own rules on expungement. In Virginia you could not expunge the charge if you were found guilty, or if the judge found evidence sufficient to find you guilty.
Q. Can the penal code on a citation be changrd or altered after the citation is given?
A: Every state will have their own rules on how the charge gets brought, and then amended but yes it is possible to amend a charge.
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Contact & Map
Midlothian office
116 B Walton Park Lane
Midlothian, VA 23114
Telephone: (804) 873-4004
Fax: (804) 835-6490
Emporia office
312 S. Main Street
Emporia, VA 23847
Telephone: (804) 317-2385
Fax: (804) 835-6490