RECENT BLOG POSTS
Reckless Driving in Virginia and CDL holders
Photo by Riley Crawford on Unsplash If you possess a Commercial Driver's License (CDL), Virginia law is extra strict on you. For a person with a regular license, the General District Court or Circuit Court may require you to go to a driver improvement clinic (driving school), to receive a reduction, dismissal, or deferred finding on your charge. For example, if you were charged with reckless driving, a judge may be able to punish you by sending you to driving school, and allow you to get your charge reduced to "improper driving" if you comply with his terms. However, CDL holders are not so lucky. Virginia Code § 46.2-505 states that "... no court shall, as a result of a person's attendance at a driver improvement clinic, reduce, dismiss, or defer the conviction of...
How My Client Avoided a DUI conviction with a .14 BAC (Under the 3 Hour Rule)
Photo by Jon Tyson on Unsplash Last Friday, I had a client's whose DUI charge in Norfolk General District Court resulted in a "wet reckless" conviction, a great win for my client. (While this was a win, we appealed the reckless driving conviction and in the Circuit Court, the prosecutor dropped the reckless driving charge because of this case law.) Here are the relevant facts of his case: My client and his vehicle were in a ditch when the police officer found him. My client admitted to the officer that he was the driver of the vehicle and told the officer that he drank some alcohol about 1.5 to 2 hours before the accident occurred. The officer forgot to ask my client when the accident occurred. (Which reminds me, don't talk to police!) According to the officer, my client failed the...
What is a “Wet Reckless” Outcome in Virginia?
Wet reckless is the term used by Virginia traffic defense attorneys when a defendant is found guilty of reckless driving where alcohol is involved. This happens most where a defendant is charged with a DUI, but in the final disposition (either by plea agreement or after a trial), the judge finds the defendant guilty of reckless driving and imposes penalties similar to those in a DUI conviction. A prosecutor may be willing to offer a plea agreement for a wet reckless outcome where it may be hard to prove a defendant's blood alcohol level with certainty. Photo by Ashwini Chaudhary on Unsplash A wet reckless conviction is a reckless driving conviction, which does not carry the stigma that a DUI conviction has, even if both offenses are classified as misdemeanors. There is not a Code Section...
Reckless Driving by Speed in Virginia
Photo by Ludovic Charlet on Unsplash What will get you a speeding ticket in most states may land you a class 1 misdemeanor for reckless driving in Virginia. Recently Dodgers outfielder Yasiel Puig was stopped by a highway patrol officer in Florida for driving 110 mph in a 70-mph zone and charged with reckless driving. Prosecutors in Florida decided to drop the reckless driving charge after review because they determined that on the morning of the incident, traffic was "moderate to light," and the weather was clear and the roads were dry. According to the Florida prosecutor, "Puig wasn't observed weaving in and out of traffic or losing control of his vehicle, was sober and had a valid Florida driver's license." While I strive to point out any helpful traffic conditions and the positives...
“VA Reckless Driving Speeding Ticket” is a Misnomer
Photo by Joshua Hoehne on Unsplash "Reckless Driving by Speed" in Virginia is not simply a speeding ticket. Reckless driving by speed is codified under VA Code § 46.2-862. As a Class 1 misdemeanor, it can carry jail time of up to a year, a suspended license for up to 6 months, and a fine of up to $2,500. If you were charged with going 74 mph in a 55 mph zone in Virginia, speeding at 19 over the limit, you could prepay that fine if you chose not to fight the charge. However, if you were charged with going 75 in a 55 zone, most likely the officer charged you with reckless driving by speed, the misdemeanor charge. You can get charged with reckless driving by speed for going 20 or more miles per hour above the speed limit, or for going over 80 mph, regardless of the...
Justice for Victims of Forced Sterilization
Photo by Mulyadi on Unsplash Imagine being forcibly sterilized by the government (being operated on so that you are biologically unable to have children) because your state deemed you "unfit" to have children. You don't need to imagine. Forced sterilization was a real chapter in Virginia's history. Virginia implemented its eugenics program in 1924 and kept it on the books until 1979. Virginia sterilized 7,325 victims under its law. The programs often targeted the poor and African Americans, many times at a young age. Virginia's eugenics program and laws served as a model for Adolf Hitler. For the second year in a row, Delegates Robert G. Marshall (R) and Patrick A. Hope (D), are introducing a bill that Eric Metaxes argues "would compensate victims of one of the most terrible...
How You Should Respond When Stopped by a Police Officer
Photo by Erik Mclean on Unsplash Recently a friend of mine, a young lady, was pulled over by a male police officer in Virginia Beach. She noticed she was being followed by an officer and was eventually stopped for "weaving" as she drove, which she adamantly denies. She blew into the breathalyzer for the preliminary breath test, just to be done with the officer. After the machine returned a reading of "zero," the young officer proceeded to ask my friend what she was doing with her life and what she was up to. This wasn't the first time my friend ran into this particular officer. While this sounds like a case of harassment and a failed attempt to flirt, it reminds me of the importance of knowing how to respond to officers if you are stopped. My friend took the handheld preliminary breath...
Will a Reckless Driving Conviction Impact my Ability to Get a Concealed Handgun Permit?
Photo by Jay Rembert on Unsplash I have previously discussed how reckless driving in Virginia is classified as a class 1 misdemeanor and how this can impact your employment opportunities. While there is certainly a lot of down side to having a reckless driving conviction, a.k.a. a criminal record, a reckless driving conviction should NOT disqualify you from getting a concealed handgun permit in Virginia. According to VA Code § 18.2-308.09, persons that are NOT qualified to get a Concealed Handgun Permit include: "An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors...
Reckless Driving, Employment Opportunities and Employability
(This post updated on April 18, 2020.) A reckless driving conviction can impact your future employment opportunities and current employability. Whether a potential employer will care will depend on their hiring policies. And whether a current employer will care will depend on their employee conduct and retention policies. Truckers and bus drivers are particularly vulnerable. Some of my clients are military members or government contractors concerned about getting or maintaining a security clearance. Photo by Israel Andrade on Unsplash Most employment applications ask an individual whether they have been convicted of any crimes. Regardless of whether this is asked on an application or not, a conviction for reckless driving would show up in a criminal background check. Employers...
Defending Yourself Against Knockout Criminals with a Gun
I'm sure many of you have heard of the "knockout game." If you haven't, it is a game where the participants randomly select an innocent stranger and attempt to knock them out with one punch. Three people have already been killed in suspected knockout attacks. As Matt Walsh notes: Photo by Dan Burton on Unsplash In some corners of the Earth, this activity is also known as “attempted murder.” Here, for some teenagers, it’s a hobby, like collecting baseball cards. Matt advises his readers to defend themselves with a gun. This is good advice, but before you do that, here's a primer on Virginia law. In Virginia, you may open carry a weapon in most places with or without a concealed handgun permit. If you go on private property and the owner of the establishment prohibits guns,...