Mattox Law

Beware: Toyota Sudden Acceleration Crashes Are Still An Ongoing Issue

Fri, 25 Sep 2020 19:29:00 GMT

The Background And Beginning

Starting in 2002, Toyota began to see a large number of complaints regarding sudden acceleration of their vehicles resulting in crashes. There were several investigations that ensued but none seemed to find a permanent solution to this problem. At the same time, Toyota seemed to be dismissive of the sudden acceleration issue often concluding it was simply a matter of user error.

Things began to change on August 28, 2009 when California Highway Patrol officer Mark Saylor and his family passed away in a terrible crash while driving a 2009 Lexus ES350. Saylor was able to call 911 and explain that the brakes in the vehicle were not stopping his car before ultimately losing control of the vehicle. Tragically, no one in Saylor’s vehicle survived the crash.

The Recalls

Thereafter, Toyota issued a number of recalls including the all weather matts believed to be the major culprit of sudden acceleration. They also began making alterations to the accelerator in an effort to prevent this sudden acceleration issue from being an ongoing concern. Initially there were just a few smaller recalls. However, following the Saylor crash Toyota issued several major recalls to address this problem. The table below reflects the recalls issued by Toyota from 2005 – 2013.

The Fines And Civil Penalties

However, the NHTSA issued series of civil penalties against the car manufacturer for failing to do the recalls in a timely manner. In 2010 Toyota paid a total of $48.4 million in fines and civil penalties from three separate investigation. Additionally, in 2012 the car manufacturer was required to pay an additional $17.35 million in fines. Finally, in March of 2014 the Department of Justice levied a record breaking $1.2 billion financial penalty against Toyota for their actions surrounding this issue.

The Law Suits

In August of 2010 a class action was filed against Toyota alleging economic loss to Toyota owners based on diminished value of their vehicles. In December of 2014 that class action was settled for $1.6 billion. While this was ongoing there was an individual case involving an Oklahoma City driver, Jean Bookout.

In the early investigations of sudden acceleration matter, NASA did a study finding, “no evidence that a malfunction in electronics caused large unintended accelerations.” However, one of the scientist involved had reservations about the study and results. He later published papers on the existence of metal whiskers in the Toyota parts studied and how that could relate to the sudden acceleration problem. As part of the Bookout trial and expanding on the issues with the NASA study, a plaintiffs expert, Michael Barr, prepared an 800-page report.

The report indicated there were coding issues that could affect electronic throttle controls. This was the first affirmative indication that electronic malfunction could be a cause of the sudden acceleration issues. The jury returned a verdict in favor of the plaintiffs; however, the night before the punitive damages portion of the trial, a confidential settlement was reached. There have been many other similar individual suits brought against Toyota with nearly all of them being settled. Moreover, Toyota has settled about 537 claims against them since 2014.

It seemed that with the recalls, lawsuits, and financial punishments this sudden acceleration issue might be behind us. However, that is not the case and sudden acceleration issues are still causing very dangerous circumstances for those driving the affected vehicles.

The Sudden Acceleration Problem Is Still An Issue

Case 1:

The first case involved a young driver in Hanover. Upon pulling out of his driveway, this young man put his vehicle into drive and it began to accelerate uncontrollably. He was able to steer the vehicle around a turn but ultimately lost control went through a ditch, fence, and came to a stop after running into a neighbors house. After doing some research I felt confidant the Toyota sudden acceleration problem was the issue here. Ultimately, the Court agreed and found the driver not guilty.

Case 2:

The second case involved an elderly lady who lived in a retirement community in Henrico County. She was driving her car in order to take the trash down to the dumpster. When she was pulling into the parking sport next to the dumpster the sudden acceleration kicked in. Her car then went over a parking barricade, over the curb, and would not stop despite her pushing the brake as hard as she could. Her Toyota ended up slamming into the building in behind the dumpster bringing the car to a stop.

Being familiar with the first case, as soon as she described the facts, I immediately inquired as to the vehicle she was driving. It turned out my suspicion was correct, she was driving a Toyota that was subject to one of these recalls. Upon presenting this information to the Court, she was likewise found not guilty.

Case 3:

Just last week, I had another similar case in Henrico. This one played out a little bit differently as I had been communicating with a friend of the defendant, and I was unable to get the full details and facts that lead to the accident. Upon arriving in court the officer indicated my client was backing out of his brothers driveway, went across the street, and hit a vehicle parked in front of the neighbors house. Despite all of that, my clients Camry continued to try to accelerate and pushed that vehicle into the neighbor’s house before it finally came to a stop. The vehicle hit the building with enough force to see damage on the inside of the house.

Upon learning the entirety of the facts, I immediately turned to the vehicle driven at the time and sure enough it was a 2009 Camry, a vehicle that was subject to a recall. After speaking with the prosecutor and officer more, it was agreed that the prosecutor would nolle prosequi the case and dismiss it.

We were extremely lucky that in all cases there were no injuries involved. These vehicles will take off and will not stop with the application of the brake pedal. In fact, they will keep trying to accelerate until something, in most cases a building, is able to stop the vehicle from continuing further.

When hearing the facts of these cases it is very easy to jump to the conclusion that the defendant mistakenly hit the gas rather than the brake pedal. Without knowing more it is rational and reasonable to make that assumption. Additionally, early on it seemed Toyota was taking this exact stance when it came to these issues. However, we now know that is simply not the case. These vehicles continue to create very dangerous situations for both the drivers and anyone else who happens to be near them at the time.

Take Action Now

If you or someone you know owns one of these vehicles please ensure you look up all relevant recalls and have the repairs done immediately. If you believe you have been in an accident that was due to sudden unanticipated acceleration please contact us to discuss the details.

Is An 8-Hour or 12-Hour Driving School Best For My Virginia Traffic Case?

Tue, 02 Jun 2020 17:20:00 GMT

In those situations where it is borderline whether the Court will reduce the particular violation, we are more likely to request the completion of the elevated 12-hour reckless/aggressive driving school prior to the court date. We are often trying to persuade the judge to go further than they otherwise would, and the 12-hour driving school can be a valuable tool in that effort.

In some situations it is sufficient to complete the typical 8-hour course. In more egregious cases, we may instead recommend completing the elevated 12-hour reckless/aggressive course. Moreover, there are situations where the court is likely to require driving school but we are uncertain which course is likely to be ordered.

If you do not complete driving school prior to the court date the judge will typically give you some time to get it completed after the original court date. Some judges use a 60 day window for you to complete the specific course assigned to you. Others will give you 90 days to get the course completed. So long as you are able to submit the original certificate of completion by the deadline set by the court, the judge should be willing to move forward with the agreed upon reduction or dismissal. Therefore, it is very important to ensure you are completing the correct course by the deadline set.

It is important that if you have been charged with a traffic violation in Virginia that you consult with an attorney who is familiar with the city or county where you received the ticket. Judges do very different things in various cities and counties throughout Virginia even in very similar cases. I frequently see individuals with less than ideal outcomes for their case when retaining inexperienced attorneys or choosing to represent themselves.

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations including speeding and reckless driving. Our firm has represented thousands of clients facing traffic violations. Trey has successfully defended these cases providing results in nearly every instance that avoid a conviction for the traffic misdemeanor or infraction alleged. If you need help understanding a traffic stop, contact Mattox Law today.

Will Reckless Driving Go On My Record?

Fri, 25 Oct 2019 16:36:00 GMT

Assessing Points for Reckless Driving Convictions

In Virginia, a reckless driving conviction will carry 6 points and the conviction will remain on your driving record for 11 years. Those circumstances change for out of state drivers, and vary depending on the state. States handle consequences and assess points differently. To address the multiple systems, the Drivers License Compact was created.

The Drivers License Compact requires states to communicate traffic convictions back to your home state. This allows other state motor vehicle offices to take appropriate action for consequences. The compact consists of every state in the United States with the exception of Georgia, Wisconsin, Massachusetts, Michigan , and Tennessee . Some states have specific laws and regulations regarding the treatment of out of state violations. To ensure your driving record integrity, consult with your legal representative for more information.

Out of State Drivers: Know the Laws

In some cases, convicted point assessments carry over to the state where you are licensed. Other states honor the same number of points for any out of state violation no matter the severity. Mattox Law practices in Virginia and cannot provide legal advice regarding out of state point assessments. We recommend checking with your state motor vehicle office to confirm what points will be assessed from a Virginia traffic violation.

Reckless driving can have an effect on your criminal record. Misdemeanors have lasting effects on your driving and personal record. Out of state drivers should take caution to understand the risks and penalties of a reckless driving conviction in their home state.

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations. Trey has successfully defended these cases providing results that in nearly every instance that avoid a conviction for the traffic misdemeanor or infraction alleged. For free consultation on reckless driving traffic ticket violations, contact Mattox Law today.

Moving With The Flow Of Traffic

Fri, 11 Oct 2019 20:12:00 GMT

When talking with potential clients charged with reckless driving or speeding, we start by discussing the circumstances surrounding the stop. Moving with the flow of traffic can be an easy mistake to make when driving long distances. When traveling for long trips, it can be easy to cruise along with a group of cars without realizing your speed. This is true for those cases in southern Virginia along Interstate 85 and 95.

Understanding intent – and how to prevent a ticket

Unfortunately, reckless driving is not a specific intent crime. In short, you don’t have to intend to be traveling as fast as the officer is alleging. Officers in areas of the state with long stretches of unpopulated roads are vigilant in their enforcement. If you’ve ever been pulled over, you’ll remember that officers are unforgiving. Officers are trained to appear indifferent to the specific circumstances of your case. When driving through a heavily enforced area ( like the 85/95 corridor ), use your cruise control. Understanding the differences between local area enforcement can make a difference in avoiding a traffic ticket. Mattox Law encourages the use of cruise control for our clients to practice safe driving habits.

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations. Trey has successfully defended thousands of traffic cases. He’s been able to deliver results that in nearly every instance avoid a conviction for the alleged traffic offense. For a free consultation regarding your speeding ticket for moving with the flow of traffic, contact Mattox Law today.

Understanding Your Traffic Stop Rights

Tue, 02 Jul 2019 20:36:00 GMT

From time to time, a client will be concerned that the vehicle attempting to pull them is not a police officer. In most cases, there is a single occupant of the vehicle and it is relatively late at night. These conditions can make drivers apprehensive and concerned for their safety. To prepare for difficult situations like this, it’s important to know and understand your traffic stop rights.

For traffic stops, the officer decides whether or not you are attempting to run or elude the situation. If there is concern or risk, the officer will also likely consider calling for backup. The additional officers are there to assist with a potential situation. Adding law enforcement presence to a traditional stop adds stress to the encounter for all parties involved.

Evaluate the Situation

Each situation is unique, and it is helpful to consider these questions when determining whether or not to stop:

If you can answer yes to any or all of these questions; consider stopping for the officer.

Communicate Your Concern

If you have serious concerns about the authenticity of the individual pulling you over, we recommend calling 911 and putting your emergency hazard lights on. These two communication efforts can have a big impact on a stressful situation. Using emergency hazards on will signal to the officer that you see him. Next, the 911 dispatcher can verify that it is in fact a police officer who is pulling you over. These two communication tips can calm the situation and reduce the stress levels of both yourself and the officer involved. Lastly, the officer can then explain the reason for the stop and you can work through the information needed to complete the situation peacefully.

Recommended Reading : ACLU Know Your Rights

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations. Our firm has represented thousands of clients facing traffic violations. Trey has successfully defended these cases providing results in nearly every instance that avoid a conviction for the traffic misdemeanor or infraction alleged. If you need help understanding a traffic stop, contact Mattox Law today.

Representing Commercial Drivers

Fri, 07 Jun 2019 18:47:00 GMT

Individuals holding a commercial drivers license (CDL) present unique issues for defending traffic offenses. At Mattox Law, we represent commercial drivers facing these challenges. Our knowledge around CDL’s is extensive. Our experience has helped clients to find positive outcomes for their traffic offenses.

Who needs a CDL?

The Virginia DMV defines a commercial motor vehicle as:

Commercial drivers can also be limited to mileage and hours driven by their company requirements. Additionally, there are many requirements to understand when dealing with a traffic offense if you hold a CDL. Judges hold CDL drivers to a higher standard, frequently referring to them as professional drivers. It can become more difficult to convince a judge to reduce a traffic violation to the same extent they would for a non-commercial driver.

How Does a Traffic Ticket Affect my Commercial Drivers License?

The biggest factor is whether you were driving your commercial vehicle or personal vehicle at the time. In some cases, judges will treat commercial cases as regular traffic cases. Judges use a strict standard that prevents them from reducing traffic cases for commercial vehicles. There are many factors to consider when facing a traffic offense with a commercial license. We recommend having quality legal representation to walk you through the process and expectations for your traffic offense.

How Mattox Law Can Help

Commercial drivers can cause a particular issue for courts that frequently use driving school as a means to reduce or dismiss traffic cases. It’s important to note, judges aren’t able to send a commercial driver to driving school for dismissal. In some cases, Mattox Law has been able to convince a judge to instead reduce the violation to a non-moving violation. This avoids the consequences of a conviction and bypasses the typical driving school requirement. Some judges will order community service as an alternative to driving school.

Mattox Law has knowledgeable experience representing individuals with commercial licenses charged with traffic violations. Trey has successfully defended these cases providing results that in nearly every instance provide a positive outcome. If you’re facing a traffic ticket while holding a commercial drivers license, contact Mattox Law today.

Defending College Students

Fri, 31 May 2019 17:19:00 GMT

It’s Not Just the Ticket Consequences

College students face a different set of issues when it comes to defending traffic offenses. Consequences can have an impact on the students ability to obtain employment upon graduation. High fines will be harder on a college student with limited income. There are age restrictions for completing driving school that can make it more difficult to adhere to a court order requiring the completion of driving school for a dismissal or reduction of the underlying case. When facing a traffic offense, understanding how to defend that ticket with college students in mind is an area Mattox Law has experience and success in for their clients.

Knowledgeable Representation is Key

Understanding court and locality preference for treatment of college student cases can gives Mattox Law an edge in the courtroom. In some courts, the judges will be flexible to try to help out college students understanding the higher consequences they face. In many cases, we have arranged for a reduced fine for college students.

Driving School for College Students

When it comes to driving school, Virginia requires you to be at least 20 years old for online driving school. This requirement affects underclassmen, and can also complicate the issue if you are an out of state student. You would still be permitted to take the driving school in person, but that means time away from your educational responsibilities to attend driving school. With these unique issues presented, we can frequently request the court provide an appropriate amount of time to afford completion of driving school that will not affect your school time.

Over the years, Mattox Law has had tremendous success defending traffic cases for college students inside and outside of Virginia including:

Mattox Law has extensive experience representing students charged with a wide variety of traffic violations. In the last three years, our firm has represented many college students across Virginia and the Mid-Atlantic. Trey has successfully defended these cases providing results that in nearly every instance avoid a conviction for the traffic misdemeanor or infraction alleged. If you have been charged with a traffic crime or infraction, contact Mattox Law today.

Why Am I Being Charged With Reckless Driving in Virginia?

Tue, 14 May 2019 18:57:00 GMT

It’s sometimes a shock to discover that you have been charged with reckless driving. It’s usually because the ticket is for what would be considered speeding in other states. Matters are made worse when the officer writing the summons fails to explain the difference in the offense. Additionally, discovering your offense is for reckless driving after the fact causes additional stress. We’ve even had clients are unaware of the reckless charge until they received solicitation mail from law firms offering their services.

Reckless Driving by Speed

Virginia defines reckless driving by speed as:

An officer can charge you with reckless driving in Virginia for passing either of those thresholds. It’s important to note that reckless driving is not a specific intent crime. This means you may be convicted even if you were not aware/intended to drive at the alleged speed.

How to Prepare for A Reckless Driving Charge

Across Virginia, judges are familiar with the severity of reckless driving laws. We have seen some courts show leniency with reducing or dismissing cases. Positive contributions to your case like a clean driving record and a respectful demeanor with the officer can help. With these items in good standing, courts will consider an alternative to the reckless driving charge.

Local Knowledge That Counts

There are many attorneys to choose from when facing a reckless driving charge. You may find that selecting legal counsel to represent harder than the stress of dealing with the ticket. Mattox Law is here to help you through a reckless driving charge. Having an attorney who understands your case and the area where you were charged can greatly improve the chances of a positive outcome .

Mattox Law has extensive experience representing individuals charged with a reckless driving in Virginia. Trey has successfully defended these cases providing results that in nearly every instance avoid a conviction. For quality representation with your reckless driving ticket, contact Mattox Law today.

Never Prepay Your Traffic Ticket

Tue, 16 Apr 2019 17:49:00 GMT

It Sounds Like a Good Idea…

When you first receive a reckless driving or speeding ticket in Virginia, you might think you are saving yourself time by prepaying your traffic ticket. However, when you prepay you are pleading guilty to the alleged offense and will be found guilty. In most cases the court will issue the standard fine based on the alleged speed and speed zone. Depending on how fast you were going, you can also be facing an automatic license suspension.

How to Resolve a Suspended License

After the license suspension has run , you will need to pay a reinstatement fee to the Virginia DMV before you would be authorized to drive in Virginia again. Traffic convictions can affect your insurance rates.

Retaining an attorney can help to prevent some of the added costs of a conviction for speeding or reckless driving outlined above. At Mattox Law, our goal is to secure a dismissal or otherwise ensure that points do not end up on your driving record. When dealing with reckless driving, avoiding a conviction will keep you from having a criminal record. Avoiding a criminal record can be vitally important for someone looking for a job or those with current positions that require a security clearance.

Understanding Other Consequences of Prepaying

Secondary consequences are often overlooked by individuals who choose to prepay traffic tickets. Frequently, these consequences ( like increased insurance rates ) can have long lasting effects. Before prepaying your ticket, we recommend speaking with legal counsel who is familiar with the area where your offense took place. An inside perspective can be the difference obtaining a positive outcome.

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations. In the last three years, our firm has represented thousands of clients. Trey has successfully defended these cases providing results that in nearly every instance avoid a conviction. When you need quality representation for your reckless driving or speeding ticket in Virginia, contact Mattox Law today.

Reckless Driving For Passing A School Bus?

Mon, 25 Feb 2019 20:16:00 GMT

It’s Easy to Make the Mistake

A violation that we frequently encounter in traffic court is reckless driving for passing a school bus . As you might imagine many judges take these cases very seriously due in large part to the danger posed to children getting on and off the bus. Reckless driving for passing a school bus is sometimes a confusing violation especially in regard situations involving four lane roads with no median. In Virginia, medians do not require motorists to stop for stopped school buses.

Factors in Considering the Case

When hearing a reckless driving case for passing a school bus, the court will inquire a number of different factors. The court will want to know if any children were present and in danger. For the cases on a four lane road, the bus being on the opposite side of the road would certainly be a factor that would weigh in your favor. The court will also look at the circumstances such as the speed limit and location of the stop to hills or curves in the road. When we speak to our clients who have faced these charges, we make sure to capture all details they can remember about the stop to help support our defense of the case.

Understanding Outcomes

When defending reckless driving cases for passing a bus stop there are potential outcomes to be expected. If you have a good record and the facts of the stop are in your favor, we may be able to secure a dismissal. A defensive driving course would be required to complete the dismissal in this first option. A second potential option would be for a reduction to improper driving which would reduce the number of points going on your record and avoid the misdemeanor conviction. Finally, some courts prefer to amend this to the civil code section which simply demands a $250.00 civil penalty without a misdemeanor conviction.

Mattox Law has extensive experience representing individuals charged with a wide variety of traffic violations. Trey has successfully defended these cases providing results that in nearly every instance avoid a conviction. When facing a reckless driving ticket for passing a school bus, contact Mattox Law team today.