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Mitchell Wells

Mitchell Wells

RILEY & WELLS - Attorneys-At-Law
  • Criminal Law, DUI & DWI, Traffic Tickets
  • Virginia
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Summary

Mitchell M. Wells is admitted to practice law in all state and federal courts in Virginia, concentrates his practice in the areas of criminal law, DUI and reckless driving traffic violations, and has defended thousands of cases. Prior to entering private practice, Mr. Wells served as an Assistant Attorney General in the Health Care Fraud section of the Office of the Attorney General for the Commonwealth of Virginia. Mr. Wells was responsible for supervising various fraud investigations and litigating Virginia false claim actions in federal court pursuant to the Federal False Claims Act and the Virginia Fraud Against Taxpayers Act. Before becoming an attorney, Mr. Wells served as a Virginia State Trooper for eight years. Mr. Wells investigated thousands of criminal, drug, DUI, traffic and accident cases; was rated "exceptional" by the Virginia State Police; and, he received 23 commendations for his exemplary service to the Commonwealth of Virginia. He was also filmed by the television show "Real Stories of the Highway Patrol." Mr. Wells was certified by the Virginia Department of Forensic Science as a Breath Test Operator, and by the Virginia Department of Criminal Justice Services as a Crime Prevention Specialist, General Instructor, R.A.D.A.R. operator, V.A.S.C.A.R. operator, and to administer the NHTSA standardized field sobriety tests. While attending law school, Mr. Wells was a law clerk to the Honorable Robert E. Payne, Judge, U.S. District Court, Eastern District of Virginia.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Traffic Tickets
Additional Practice Areas
  • Reckless Driving
  • Speeding Ticket
  • Hit & Run
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Virginia
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4th Circuit
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U.S. District Court, Eastern District of Virginia
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U.S. District Court, Western District of Virginia
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Professional Experience
RILEY & WELLS - Attorneys-At-Law
Current
Assistant Attorney General
Virginia Attorney General's Office
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Virginia State Trooper
Virginia State Police
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Education
College of William and Mary
J.D. | Law
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Virginia Commonwealth University
M.P.A. | Public Administration
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Virginia Military Institute
B.A. | Economics & Business
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Professional Associations
National College for DUI Defense
Member
Current
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National Association of Criminal Defense Lawyers
Member
Current
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Virginia Association of Criminal Defense Lawyers
Member
Current
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Websites & Blogs
Website
Legal Answers
18 Questions Answered

Q. If you had a suspended license for a year due to a DUI and that year is up..
A: Before you can begin driving again, you need to make sure you comply with ASAP, any ignition interlock conditions, pay the fines & court costs and of course comply with any DMV conditions.
Q. What's the crime if I joyride in a bulldozer
A: "Unauthorized Use" is Virginia is a Felony.
Q. Do I have the right to designate that the fine for a speeding violation go to the Literary Fund and not to the locality
A: No. If you were charged under the local code and then convicted, the locality not the state collects the fine.
Q. I got trafic ticket "Drive w/o headlights". In court page the charge is "Drive w/o lights" Code Sec 46.2-1030.
A: Ownership is irrelevant. Motor Vehicle code violations in 46.2-1000 et set are equipment violations and carry no demerit points . Such a conviction should neither negatively affect your driving record nor your automobile insurance policy.
Q. Are light under your car like neon lights illegal in the state of Virginia ?
A: Sounds like "unapproved equipment" - Va Code 46.2-1002 prohibits the use of unapproved equipment.
Q. How do we post phone a traffic court session? Post phoned once, but need a 2nd postphonement.
A: Motion to Continue. The "standard" for such a Motion is based on "good cause" - Retain counsel if you are uncomfortable with making such a motion.
Q. Do I need a atty if I am on probation and have a drg charge pending?
A: ARE YOU SERIOUS? Absolutely! The arrest alone for the new drug charge can be a probation violation. Additionally, you can go to jail on the drug charge with little to no defense.
Q. I had a failure to appear for a court date i didnt know about a&b was the underlying charge im 7 mo pregnant Whatll happ
A: Failure to Appear is a jailable offense but requires evidence of a WILLFUL FAILURE TO APPEAR. Retain an attorney immediately.
Q. Is alludeing police a misdeanor
A: Yes, but only if there is NO ENDANGERMENT. In some circumstances, the elude can be a FELONY. § 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties. A. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer. B. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer. C. If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony. D. When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398. E. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
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Contact & Map
RILEY & WELLS Attorneys-At-Law
1518 Willow Lawn Drive
Suite 200
Richmond, VA 23230
USA
Toll-Free: (804) 673-7111
Telephone: (804) 673-7111
100 East Broadway Avenue
Hopewell, VA 23860
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315 South Main Street
Emporia , VA 23847
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Telephone: (804) 673-7111
35 East Tabb Street
Petersburg, VA 23803
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7515 Library Drive
Hanover , VA 23069
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111 Ennis Street
Bowling Green, VA 22427
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14008 Boydton Plank Road
Dinwiddie , VA 23841
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Telephone: (804) 673-7111
202 N. Main Street
Lawrenceville , VA 23868
USA
Telephone: (804) 673-7111