RECENT BLOG POSTS
New Traffic Laws for Virginians in 2025
Photo by Aleix Ventayol on UnsplashNew Virginia Traffic Laws Starting July 1, 2025 Virginia has several new law changes that took effect on July 1st that drivers across Virginia should be aware of. These laws include updates to Virginia's seat belt law, the creation of a new "exhibition driving" reckless driving law, changes to rules on ignition interlock devices and the evidence needed by cameras to prove speeding in school zones. 1. As of July 1, 2025, exhibition driving is now considered reckless driving. A driver participates in exhibition driving if they spin their wheels while using both the brakes and gas pedal, operate a vehicle by zigzagging or spinning around in a circular pattern, or operate a vehicle to exhibit the speed or power of a vehicle from a designated starting point...
Accrual of Ignition Interlock Time for a DUI Pre-Conviction
Photo by Erik Witsoe on UnsplashPre-Conviction Ignition Interlock Is Now AllowedThe law concerning ignition interlock for DUI convictions in Virginia has changed to allow an ignition interlock system to be installed prior to conviction and credit given for any time accrued by such offender prior to trial to count towards time ordered by a judge. Virginia Code § 18.2-271.1 requires any person convicted of a first or second offense of driving under the influence to complete an alcohol safety action program. Previously, the code section stated that anyone charged with a DUI could enter into an alcohol safety action program and “pre-qualify with the program” for the installation of an ignition interlock system. However, the old law stated, “However, no ignition interlock company shall...
Court May Dismiss No License Charges for Proof of Compliance with Law
Dismissal of No License or Suspended License Charges for Proof of Compliance with Law Effective July 1, 2025, Virginia law allows judges to dismiss charges of driving without a license and driving under a suspended license if the defendant proves they have complied with the law and cured their license defect. While judges have been doing this already in practice for decades, this law change gives judges explicit authority to dismiss charges when warranted and may help judges not feel obligated to impose court costs. Virginia Code § 46.2-300 concerning driving without a license now has an additional paragraph that states the following: The court may, in its discretion, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the...
Virginia Prohibits Exhibition Driving as a Form of Reckless Driving
Exhibition Driving is Now Classified as Reckless Driving As of July 1, 2025, the law concerning reckless driving has expanded significantly to include exhibition driving. This includes activities such as spinning the wheels, doing donuts, or drag racing. Impeding traffic for the purpose of a race or exhibition driving is also a class 1 misdemeanor. Under Virginia Code § 46.2-865, it states: A. As used in this article, unless the context requires a different meaning: "Exhibition driving" means the intentional performance of any of the following in close proximity to a group of two or more people: 1. Maintaining a motor vehicle in a stationary position by using the brake pedal or parking brake of such vehicle while simultaneously engaging the gas pedal, causing one set of wheels to spin or...
New Penalties for Allowing Unauthorized Minors to Operate a Motor Vehicle
Photo by Darwin Vegher on UnsplashNew Penalties for Knowingly Authorizing an Unauthorized Minor to Drive As of July 1, 2025, new penalties are in place for persons who allow unqualified individuals such as minors to operate a motor vehicle. The updated language in § 46.2-301.1(E) points to two groups of people who may be "unqualified": those who have no legal right to operate a motor vehicle and minors who either don't have a license or learner's permit or who operate a vehicle outside a permit's restrictions. If this unqualified person gets into an accident that leads to either injury or death, the party responsible for giving them permission to operate a motor vehicle will be guilty of a class 1 criminal misdemeanor, provided that such violation does not otherwise constitute a felony....
Elevated Penalties for Failing to Stop for a Pedestrian when Death or Injury Results
Photo by Scott Webb on UnsplashElevated Penalties when Injury or Death Results from Failing to Stop for a Pedestrian As of July 1, 2025, a change to the Virginia code section concerning failure to stop for a pedestrian at a crosswalk makes it a class 1 criminal misdemeanor if a pedestrian is injured or killed while "lawfully crossing a highway" (§ 46.2-924(A)). Previously under § 46.2-924, it was an infraction to fail to stop for a pedestrian who was using a clearly defined crosswalk. The new law adds new language, changing a violation of this statue to a class 1 criminal misdemeanor if the pedestrian is injured or killed. It adds: "A violation of this section is a traffic infraction, except that a violation of this section that results in serious bodily injury, as defined in §...
New Requirements for Photo Speed Monitoring Devices at School Zones
Photo by Todd Morris on UnsplashAdditional Evidence Required to Establish a School Crossing Zone for Virginia Camera Tickets House Bill 2718 went into effect on July 1, 2025 and requires that cameras for photo speed monitoring devices not only confirm the speed of a vehicle, but that other evidence be introduced to demonstrate that a portable sign or tilt-over sign or blinking sign is activated, indicating the school crossing zone was in effect at the time of the alleged speed violation. The new amendment to § 46.2-882.1 adds the following to subsection D: "However, for any photo speed monitoring device placed in a school crossing zone, such sworn certificate or facsimile thereof shall not be prima facie evidence of the facts contained therein unless such photographs, microphotographs,...
New Seat Belt Law Effective July 1, 2025 in Virginia
Photo by Maxim Hopman on UnsplashAs of July 1, 2025, all adult drivers in Virginia are required to wear a seat belt in both the front and back seats of a vehicle. Previously, Virginia law only required that seat belts be worn by occupants over 18 located in the front of a vehicle. Now, all vehicle occupants over 18 are required to buckle-up, regardless of the seat they occupy. The new legislation is as follows: "Any driver, and any other person at least 18 years of age and occupying a seat, of a motor vehicle equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices, shall wear the appropriate safety belt system at all times while the motor vehicle is in motion on any...
May 2025 Case Results: DUI Dismissed, ASAP Violation Dismissed, and No Jail for 102 mph
In May, the attorneys at Peter John Louie, P.C. served clients across Hampton Roads and on the Eastern Shore of Virginia. One client had her DUI charge in Virginia Beach rightfully dismissed. We helped another client in Virginia Beach get an ASAP violation charge dismissed. Other notable wins in Virginia Beach General District Court include: no active jail time for 91/55 RD, 84/55 RD dismissed, 89/55 RD reduced to speeding at 20 over, and reckless driving for passing a school bus dismissed. In Chesapeake General District Court, wins include: no jail or license suspension for a 102/55 RD and a 90/60 RD reduced to speeding at 19 over. In Northampton General District Court, separate charges for 88/55 RD and 77/45 RD were both reduced to improper driving, a reckless driving charge for...
April 2025 Case Results: 97/60 RD Avoided and .22 BAC struck on DUI in Virginia Beach
During the month of April, we helped clients with traffic cases all over the Hampton Roads area as well as on the Eastern Shore of Virginia. One client avoid a 10 day mandatory minimum sentence for a DUI 1st charge by getting his elevated BAC struck. Our client served 2 days in jail as opposed to a 10 days mandatory minimum. Other notable wins: 91/65 RD reduced to improper driving in Norfolk General District Court, Reckless Driving for Failure to Yield When Entering a Highway dismissed in Chesapeake General District Court, 78/55 RD dismissed and a 76/45 RD reduced to improper driving in Accomack General District Court, 83/55 RD reduced to improper driving for two clients in Northampton General District Court, 89/55 RD dismissed in Virginia Beach General District Court, 97/60 RD reduced...