RECENT BLOG POSTS
Can Virginia Suspend my Out-of-State (Non-Virginian) Driver’s License?
Photo by Clint Patterson on Unsplash If you have an out-of-state driver's license and are wondering if Virginia can suspend your license to drive, the answer is Virginia can only suspend your privilege to drive in the State of Virginia. The relevant section in VA Code § 46.2-398, states: "For any revocation or suspension of a privilege to drive in Virginia of a person who does not have a Virginia driver's license but who does have a valid driver's license from another jurisdiction, the court shall not order the physical surrender of such license." However, you should be aware that your home state may impose its own penalties when it gets wind of your conviction in Virginia. For example, your home state, be it North Carolina or Florida, may take action when they hear about your...
Can I Get a DUI without Driving?
Photo by Ivan Shemereko on Unsplash Yes, as strange as it sounds, you can get a DUI without the police or law enforcement officer having observed you driving your vehicle. In Enriquez v. Commonwealth, decided in 2012, the Virginia Supreme Court determined what constitutes operating a motor vehicle as a matter of law. The court ruled that having keys in the ignition of a parked car is enough to put an individual in "actual physical control" of a vehicle and affirmed the lower court's drunk driving conviction. If you are intoxicated, you can get a DUI conviction as long as your key is in the ignition switch of your vehicle. The position of the key in the ignition switch is not determinative. This means that you can get a DUI conviction if your key is in the ignition of a vehicle, whether...
Reckless Driving Defense for Military Members
Photo by Diego González on Unsplash Many military personnel and defense contractors live in the Hampton Roads area. I often represent military members in reckless driving defense cases. Many require a security clearance to keep their job and are concerned about having a clearance either granted or renewed after they are convicted of reckless driving. An arrest or conviction of a crime does not automatically disqualify a person for a clearance. Candidates are evaluated on the basis of honesty, trustworthiness, reliability, financial responsibility, and loyalty. There are certain categories of individuals who are unqualified to hold a security clearance. These are drug addicts and abusers, mentally incompetent persons, and former military members who have been dishonorably discharged....
Reckless Driving for Driving on a Closed Ramp to Get on the Highway
Photo by Quaid Lagan on Unsplash Today I helped my client avoid a reckless driving conviction for driving across a closed ramp to get onto the highway. Law enforcement officers have a lot of discretion as to how to charge a driver. My client was charged under the general reckless driving statute, under Va. Code § 46.2-852. The officer could have charged him with failure to obey a highway sign (under Va. Code § 46.2-830) or for evading a traffic control device (under Va. Code § 46.2-833.1). I was able to help my client get his charge reduced to improper driving, thereby avoiding a criminal misdemeanor conviction for reckless driving. My client owned responsibility for making a bad decision to go around the closed gate and the judge believed us when we explained that he...
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...
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...