RECENT BLOG POSTS
Failing to Yield to a Pedestrian
Photo by Tetiana SHYSHKINA on Unsplash DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. My client had his traffic violation charge of failing to yield to a pedestrian dismissed today after we plead not guilty to the charge. I was able to point out to the judge that Virginia Code § 46.2-924, which requires drivers to yield to pedestrians, also requires that "No pedestrian shall enter or cross an intersection in disregard of approaching traffic." Unfortunately an accident occurred and a person was injured, but the Commonwealth has to prove its case beyond a reasonable doubt and there was serious doubt in my client's case. Often times law...
New Cameras on School Buses Installed to Capture Reckless Driving
Photo by Joshua Hoehne on Unsplash I have written about reckless driving for passing a school bus previously. In one jurisdiction in Virginia, Campbell County, school buses are being equipped with cameras to catch reckless drivers who pass the bus when the stop sign is extended. Video footage from the camera showed many drivers ignoring the flashing lights and extended stop sign on the school bus. This type of video footage would be very damaging in court. Judges in Virginia are generally extra strict when it comes to the safety of children. Reckless driving is a class 1 misdemeanor. This means a disposition could include a potential fine of up to $2,500, and a potential jail sentence of up to 12 months. According to the Campbell County Director of Operations, they are...
Can I get a DUI on a Moped?
Yes, in Virginia you can get a driving while intoxicated (DUI) charge while operating a moped! Photo by Claudio Schwarz on Unsplash Virginia Code § 18.2-266 which covers the law for driving while intoxicated explains that it is unlawful for a person "to drive or operate any motor vehicle, engine or train... while such person is under the influence of alcohol." That section goes on to say, "For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth." So please don't think that you are safe from getting a DUI if you are riding a moped. Also, the code defines highway differently than the way most people understand a highway. Virginia Code § 46.2-100 defines a highway as "the entire width between...
Reckless Driving Fines and Court Costs in Virginia
What are the fines and court costs that I can expect for a conviction of reckless driving? Photo by Allef Vinicius on Unsplash Assuming that you are convicted of reckless driving, and you are unable to get a reduced conviction for a non-criminal misdemeanor offense (such as improper driving or speeding), the court will impose a fine and court costs on you as part of your sentence. While the Virginia code allows a judge to impose a fine of up to $2,500.00 for reckless driving, I typically see fines between $300.00 and $500.00. Court costs are usually around $86.00. Typically, fines are higher when high speeds are involved. But this is not always the case. Recently, I had two cases with speeds over 110 mph in a 55 mph posted zone, where the fines were only $250.00 and $350.00. Perhaps...
Why Your Chances of Beating a Reckless Driving Charge May Be Better on Appeal
Photo by Markus Winkler on Unsplash It is always best to beat a reckless driving charge in General District Court, rather than have to appeal it to the Circuit Court. Appealing a case will often cost you more: there will be additional fees required by your attorney if you hire one and higher court costs in the Circuit Court if you are convicted of reckless driving. Still, there will be situations where I counsel my client to appeal the outcome of the General District Court and exercise his or her right to a new or "de novo" trial in Circuit Court. Sometimes I find that the penalty imposed by a judge in the GDC are harsher than normal. In some jurisdictions there is a greater disparity between what different judges of the GDC will do. One judge may give a driver 10...
Fighting a No Operator’s Insurance Charge
Photo by Michael Jin on Unsplash Virginia Code § 46.2-707 regulates the operation of uninsured motor vehicles. Under this code section, a conviction would mean a class 3 misdemeanor on your record. You may be surprised that the Commonwealth has to prove at least two things under that code section in order to find the driver guilty. First, the prosecution need to prove that you have not purchased insurance. Second, they must prove that you have not paid to the Commissioner the uninsured motor vehicle fee required by § 46.2-706. The burden of proof should be on the prosecution to prove both of these things beyond a reasonable doubt. If the prosecution fails to prove these two elements, an attorney should make a motion to strike the charge and fight to get a no operator's insurance...
Woman Charged with DUI and Reckless Driving at the Airport
Photo by Ashim D’Silva on Unsplash A lady in Charlottesville was charged with reckless driving and DUI for driving through the fence of Charlottesville Albemarle Airport. According to reports, she knocked down several sections of the security fence and almost made it to the tarmac before she was arrested by police. Tire marks on the grass showed she was driving around the airport property, perhaps looking for a way back to the street. She was cooperative with the police. Just two weeks ago, I wrote about whether you can be charged with both reckless driving and DUI. I hope her attorney is aware of the law I quoted in that blog post. Police often press charges for offenses over broadly, to make sure that some of the charges stick, but if she was charged with reckless driving in...
May I Drive a Moped after My License is Suspended or Revoked?
Photo by Claudio Schwarz on Unsplash The answer depends on why your license was suspended or revoked. If your license is suspended or revoked for failure to pay court fines, then you would fall under Virginia Code § 46.2-301. There it says that if your driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked, you shall not: "drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E." However, that code section goes to say: "For the purposes of this section, the phrase "motor vehicle or any self-propelled machinery or...
Texting While Driving Now a Primary Offense
Photo by Alexandre Boucher on Unsplash It used to be that texting while driving was a secondary offense, which meant that law enforcement could only cite you for that offense if they had another reason to stop you. But as of July of 2013, texting while driving is now a primary offense. Va Code § 46.2-1078.1 states that a driver cannot manually enter multiple letters or texts, and read email or text messages while driving. Drivers are still permitted to use their hands to dial a phone call. There even is an exception for those using their phones to get directions using GPS. Still, it is wise to avoid using your phone while driving since studies show that phone use while driving increases the rate of accidents. Furthermore, law enforcement officers do not...
Can I Be Charged with Both Reckless Driving and DUI?
Photo by Erik Mclean on Unsplash Under Virginia Code § 19.2-294.1, it states that you can not be convicted for BOTH 1) reckless driving under § 46.2-852 (which is the "general" reckless driving statute for driving at a speed or manner so as to endanger the life, limb, or property of any person) and 2) driving under the influence at the same time if these charges arose from the same incident. Specifically the statute states: "§ 19.2-294.1. Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge. Whenever any person is charged with a violation of § 18.2-266 or any similar ordinances of any county, city, or town and with reckless driving in violation of § 46.2-852 or any ordinance of any...