RECENT BLOG POSTS
July-August 2021 Case Results: Reckless Diving by Speed at 103 mph Dismissed, Reckless Driving Dismissals in Virginia Beach, Chesapeake, Norfolk, Portsmouth, Newport News, Hampton, Accomack, Northampton
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. Below we feature a sampling of case results for July and August of 2021. Our clients avoided convictions for reckless driving by speed for speeds as high as 103 mph (Chesapeake GDC), 94 mph (Norfolk CC), 92 mph (Chesapeake GDC), 90 mph (Virginia Beach GDC, Virginia Beach Circuit Court, and Newport News GDC). Jail avoided for 95/55 RD in Northampton GDC. Reckless driving dismissals occurred in cities such as Virginia Beach, Chesapeake, Norfolk, Portsmouth, Hampton, Newport News, Northampton, and Accomack. Dismissals occurred for other charges such as misdemeanor tunnel height violations, no driver's...
Reckless Driving and Community Service
Community Service Opportunities for Reckless Driving Defense Mitigation We often recommend to our clients charged with reckless driving in Virginia that they complete community service before their court date. Judges in Virginia appreciate it when a driver takes responsibility for his actions and doing community service is one way a driver can show that he understands the seriousness of his charge and wants to give back to the community. Doing community service ahead of court is helpful because judges are not authorized by the Code of Virginia to order that community service be done as part of the penalty for reckless driving. Instead, the Code of Virginia specifies that reckless driving can be punished by a fine of up to $2,500, a suspended license for up to 6 months, and jail time for...
How Much Does a Reckless Driving Attorney Cost?
Photo by Jp Valery on UnsplashIf you have been charged with Reckless Driving in Virginia, you probably now know that Virginia takes reckless driving incredibly seriously, making this charge a Class 1 Misdemeanor that carries possible penalties of up to 1 year in jail, up to a $2,500 fine, up to 6 months of a license suspension, and 6 demerit points with the Virginia DMV. But if this is the first time you have been charged with Reckless Driving in Virginia, you probably don’t know how much an attorney would charge to help defend your case. The easy answer is – it depends. The experience and availability of the attorney, complexity of the case, and specific court are all factors that go into the calculation. Our goal is to offer competitive prices that reflect our experience and promise to...
Restricted License Possible for Refusals in DUI Violation Cases
Photo by Matthew Henry on UnsplashJudges may now grant restricted licenses to those convicted of first offense Refusal charges under Virginia Code § 18.2-268.3(E). This new update is a welcome change to a law that had previously left many Virginians without a way to get to work after a Refusal conviction in a DUI case. If you have been charged with Refusal under 18.2-268.3 and a DUI/DWI under 18.2-266, you might actually have a better chance of taking your case to trial under this new amendment. If you are convicted of a first offense Refusal charge in Virginia, the judge is required by law to suspend your privilege to drive in Virginia for a period of one year. Up until March of 2020, when the law was amended, the judge was unable to grant a restricted license. You simply were not...
What To Do If Stopped for a DUI in Virginia?
Photo by Adam Wilson on Unsplash Getting stopped for a DUI is all too common on holiday weekends. This upcoming 4th of July weekend, you should expect to see a large police presence as DUI/DWI laws are strictly enforced. As COVID-19 restrictions are lifting, the Virginia Beach area should see a large amount of motor and pedestrian traffic for the holiday weekend. Virginia Beach Police Officers and Virginia State Police will be strictly enforcing the DUI/DWI laws at the Virginia Beach Oceanfront, Interstate 264, and all surrounding side streets in the Virginia Beach area. If you are going to drink, you should get a designated driver or pay for a ride sharing service. The small price of an Uber is nothing compared to the cost of defending a DUI charge in Virginia Beach. It doesn’t take...
May-June 2021 Case Results: 104 mph Reckless Driving by Speed Dismissed in Virginia Beach, Jail Time Avoided for 111/60 RD in Chesapeake GDC, Misdemeanor Tunnel Height Violations Dismissed in Hampton GDC
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. Below we feature a sampling of case results for May and June of 2021. Our clients avoided convictions for reckless driving by speed for speeds as high as 104 mph (Virginia Beach GDC), 100 mph (Chesapeake GDC), 94 mph (Norfolk GDC), and 75 mph in a 35 mph (Portsmouth Circuit Court). Clients avoided jail even though convicted of doing 111 mph in Chesapeake GDC, 97 mph in Northampton GDC, and 100 mph in Virginia Beach Circuit Court. Reckless driving dismissals occurred in cities such as Virginia Beach, Norfolk, Portsmouth, Newport News, Suffolk, and Northampton. Dismissals occurred for other charges such...
New Virginia Driving Laws are Now in Effect (as of July 1, 2021)
Photo by Giammarco on UnsplashAs of July 1, 2021, there are several new traffic law amendments that greatly widen legal protections for drivers in the Commonwealth of Virginia. (Last year's notable traffic law changes were summarized in this previous post from 2020.) Up until now, police officers in Virginia routinely used “equipment violations” to justify traffic stops for Driving Under the Influence and Driving While Intoxicated (DUI/DWI) investigation purposes. But with brand new legislation now effective, the Virginia General Assembly has severely restricted a police officer’s authority to pull a driver over for an equipment violation alone. These new amendments may now give drivers charged with Driving Under the Influence or Driving While Intoxicated (DUI/DWI) under § 18.2-266 a...
Holding a Phone Prohibited While Driving in Virginia
Photo by Alexandre Boucher on UnsplashAs of January 1, 2021, Virginia makes merely holding a cell phone while driving unlawful under Virginia Code § 46.2-818.2. The penalty for a first time offense is $125 and the penalty goes up to $250 for a second offense or if the offense occurred in a work zone. The law reads as follows: A. It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device. B. The provisions of this section shall not apply to: 1. The operator of any emergency vehicle while he is engaged in the performance of his official duties; 2. An operator who is lawfully parked or stopped; 3. Any person using a handheld personal communications device to report an emergency; 4. The use of an...
Reckless Driving for Failing to Give Proper Signals
Photo by Tim Gouw on UnsplashOf all the different ways a person can be charged with reckless driving in Virginia, a reckless driving charge for failing to give proper signals is one of the more rare ones used. This law is codified under Virginia Code § 46.2-860 and is very short, being only one sentence. "A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter." As innocent as it may seem to fail to give a proper signal, any charge of reckless driving is still considered a class 1 misdemeanor under Virginia law and carries with it the possibility of harsh penalties, including up to a year in jail, up to a $2,500 fine, and a potential...
Virginia State Police Enforcement of Reckless Driving
Recently, the Virginia State Police have taken to Twitter to show that they are enforcing traffic laws in the Hampton Roads area. They recently tweeted a snippet of a traffic summons for a driver in Norfolk charged with reckless driving by speed at 131 mph in a 55 mph zone. With an alleged speed differential of 76 mph, if the Trooper can prove his case, it will be likely that the judge will impose active jail time on the driver. Yes, you’re reading this traffic summonses correctly... a #VSP Trooper stopped a vehicle on I-564 in #Norfolk for 131 mph in a posted 55 mph. #ExcessiveSpeedKills #Drive2SaveLives #SlowDown pic.twitter.com/3l4zyr8joT — VA State Police (@VSPPIO) June 13, 2021 Please be warned that judges are tough on speeding in Virginia! In many jurisdictions in Virginia, judges...