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Author: Emma.S

Will a Speed Camera Ticket Go on My Driving Record?

In Virginia, a speed camera ticket mailed to your home is a civil penalty, not a criminal or moving violation. It will not show up on your DMV driving record, it will not add demerit points to your license and it will not be reported to your insurance company. The fine is capped at $100. Your main obligation is simply to pay it on time (or contest it within the deadline) to avoid late fees and registration holds.

What Is a Speed Camera Ticket in Virginia?

In Virginia, automated speed enforcement is allowed by law under Virginia Code § 46.2-882.1. Speed monitoring devices, commonly known as speed cameras, are permitted in three types of locations:

  • School crossing zones
  • Highway work zones
  • High-risk intersection segments (An area near a school where a fatal crash happened since 2014)

A ticket is generated when a photo speed monitoring device captures a vehicle traveling at least 10 miles per hour over the posted speed limit. A citation is then mailed to the registered owner, renter or lessee of the vehicle.

Does a Speed Camera Ticket Go on My Driving Record?

No, a speed camera ticket will not go on your driving record. Tickets issued by a speed monitoring device, or speed camera, are civil penalties only punishable by a fine. They are not reported to the Department of Motor Vehicles (DMV) and cannot be used by insurance companies to adjust rates.

They are not the same traditional speeding tickets issued by law enforcement officers, which are moving violations that may result in points on the driver’s record and increased insurance premiums.

How Much Is the Fine?

The fine for a speed camera citation in Virginia is capped by state law at $100 per offense.

What If Someone Else Was Driving My Car?

Under Virginia law, the owner, lessee or renter of a vehicle is initially presumed liable for a speed camera penalty. However, if you were not driving the car, you can contest that presumption and move liability to the actual driver through an affidavit or though testimony at a court hearing.

What About Commercial Drivers or CDL Holders?

While a speeding camera ticket is not reported to the DMV and will not affect your driving record, it’s wise to consult with a traffic attorney if you have any concerns. Federal regulations governing CDL holders are strict, and any uncertainty about how a speed camera ticket might affect employment is worth addressing proactively.

Recent Dismissals & Reductions by Attorneys Steven Thomas, Kari Ann Hedwall and Alex Rich– January 2026

Attorney Kari Ann Hedwall secured the following successful case results for our clients in January:

  • Following Too Closely (Commercial Driver’s License)- DISMISSED
  • Reckless Driving 83/55- REDUCED to Speeding
  • Speeding 55/35 (Commercial Driver’s License)- REDUCED to Defective Equipment
  • Reckless Driving 72/45- REDUCED to Improper Driving
  • Failure to Yield (Accident)- DISMISSED
  • Reckless Driving 93/55- REDUCED to Speeding
  • Speeding 55/30- REDUCED to Defective Equipment
  • Speeding 50/30- DISMISSED 
  • Speeding 55/35 (Commercial Driver’s License)- REDUCED to Defective Equipment
  • Reckless Driving 89/55- REDUCED to Speeding
  • Reckless Driving 83/55- REDUCED to Improper Driving
  • Reckless Driving 96/55- REDUCED to Speeding
  • Reckless Driving 75/45- DISMISSED 
  • Reckless Driving 45/25- REDUCED to Improper Driving

Here are recent reviews from Kari Ann’s clients:

  • “Words cannot express how thankful I am for Kari Ann and her team. They were always available to answer any questions and guide me through every step of the process. Kari Ann, in particular, made an overwhelming experience feel manageable and ensured I felt prepared and comfortable the entire way. I would wholeheartedly recommend her and her team for any legal assistance you may need.”- Catherine, Google Review
  • “I just got back from my second court date in 3 days & Kari Ann turned both my 90 in a 35 & 104 in a 55 into an improper driving and a $250 fine for both cases. I don’t know how she did it, but she did. She’s the best lawyer in the city by far” – Marvin, Google Review
  • “I cannot thank this group enough!!! Everyone from the first phone call to the end was extraordinary. I had received a terrible traffic ticket of a misdemeanor that could have cost me a lot of money and numerous points on my license. Kari Ann was friendly, professional, super thorough and helped ease my nerves. 10/10 recommend. Thank you all so much!” -Tasha, Google Review

Attorney Steven Thomas secured the following successful case results for our clients in December:

  • Reckless Driving 92/55 and Failure to Appear- BOTH DISMISSED 
  • Driving Without a License- DISMISSED 
  • Reckless Driving 87/45- REDUCED to Speeding
  • Reckless Driving 65/35- REDUCED to Speeding
  • Reckless Driving 87/60- REDUCED to Speeding
  • Reckless Driving (General)- REDUCED to Improper Driving
  • Reckless Driving 64/30- REDUCED to Speeding
  • Reckless Driving 89/60- REDUCED to Speeding
  • Speeding 48/35- DISMISSED 
  • Reckless Driving 84/60- REDUCED to Speeding and Failure to Appear- DISMISSED 
  • Reckless Driving (General)- DISMISSED 
  • Reckless Driving 101/55- NO JAIL TIME
  • Reckless Driving Racing- DISMISSED 
  • Reckless Driving 87/55- RECDUCED to Speeding and Failure to Appear- DISMISSED
  • Reckless Driving 64/35- REDUCED to Speeding
  • Aggressive Driving- DISMISSED
  • Reckless Driving (Improper Brakes)- DISMISSED

Here are recent reviews from Steven’s clients:

  • “Words can’t fully express how grateful I am to have had Steven Thomas with Driving Defense Law representing me. They treated me like family, not just another case. Their expertise got me through a difficult situation, but it was their kindness, patience, and genuine concern that made the biggest difference.”- Grant, Google Review
  • “Guys let me tell you about Steven and his team. They are PHENOMENAL! I had Steven for two cases and he went above and beyond for me! He was super informative, patient and full of knowledge. Very communicative, instructive and very nice. He works super close with you to ensure you know all of the ins and out of your case and recommendations before court to help your case. I won’t be in anymore trouble but if ANYTHING else were to happen, I will always return back here. Shout out to his amazing team as well for the great communication! This law firm is a 10/10, and if anyone I ever know is in a similar situation, I will always recommend. Thank you, Steven, for everything, also thank you Emma for the great communication! You were always super sweet to me. Happy new year to you all! Steven, I hope to only see you in the grocery store in the future haha. Thank you, again so much for everything!”-Sydney, Avvo Review
  • “I received a summons for following too closely after a rear end accident. I hoped to get the charge reduced or dismissed, but as someone with very little traffic court knowledge, I had no idea what the best strategy for me to pursue was. I consulted Steven and he explained how everything worked and gave me great advice and direction. I felt confident and well prepared going into the courtroom that I did everything I could to receive a favorable outcome. I ultimately got the charge reduced and demerit points removed from my record. Steven is a great attorney and I highly recommended his services!” –Anonymous, Avvo Review

Attorney Alex Rich, the newest member of our Driving Defense Law team, successfully resolved his first case in his debut month with us. Here are the results and what our client had to say:

  • Reckless Driving 78/55- REDUCED to Speeding
  • Window Tint Violation- DISMISSED 

“Thank you so much to Alex Rich and the entire firm for the amazing job you did in court. Alex’s professionalism, patience, and dedication truly made a difference, and I’m incredibly grateful for the respect and care shown throughout the entire process. A special thank you as well to Ms. DeVeeta for her amazing help and support. Everyone at the firm was very kind, polite, and professional, which made a stressful situation much easier to navigate. I would absolutely recommend your firm to anyone who needs legal assistance—10/10 all the way. Thank you again for everything.” –Derrion, Google Review

What Are 5 Possible Outcomes of a Reckless Driving by Speed Charge?

If you’re charged with reckless driving by speed in Virginia, there are several possible outcomes, ranging from a criminal conviction to reduced charges or even a dismissal. The final result depends on factors such as the alleged speed, surrounding circumstances, completed mitigation, and how the case is handled in court.

1. Reckless Driving Conviction

The most serious outcome is a reckless driving conviction. If convicted, potential consequences include:

  • Up to 12 months in jail
  • License suspension
  • Up to $2,500 in fines
  • A permanent criminal record
  • Demerit points and insurance increases

2. Reduction to Speeding (Traffic Infraction)

In some cases, a reckless driving charge may be reduced to speeding, which is a traffic infraction rather than a criminal offense. While fines and fewer demerit points may still apply, this reduction avoids the misdemeanor consequences, such as jail time, of a reckless driving conviction.

ReductionDemerit PointsLength on Driving Record
Speeding 1-9 mph over35 years
Speeding 10-19 mph over45 years
Speeding 20+ mph over65 years

3. Reduction to Improper Driving (Traffic Infraction)

Another possible outcome is a reduction to improper driving, which is a traffic infraction, not a criminal misdemeanor. Improper driving is not a standalone offense, meaning a law enforcement officer cannot charge you with it directly. It is a less serious alternative to reckless driving that can only be granted by a judge or, in some cases, by the Commonwealth’s Attorney before trial.

An improper driving conviction carries three demerit points that remain on your driving record for three years, compared to six demerit points that remain on your record for 11 years with a reckless driving conviction.

4. Reduction to Defective Equipment (Non-Moving Violation)

A reduction to defective equipment is another possible outcome in a reckless driving case in Virginia. Defective equipment is a non-moving traffic infraction that carries no demerit points and is not a criminal offense, though it usually includes paying fines and court costs.

5. Dismissal of the Charge

In some cases, a reckless driving charge may be dismissed entirely. While dismissals are highly case-specific, they can occur due to issues such as insufficient or faulty evidence, procedural errors, problems with speed measurement, or successful mitigation presented to the court. An experienced traffic attorney can help identify these issues, review the evidence, and raise the legal challenges that may lead to a dismissal.

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

Recent Dismissals & Reductions by Attorneys Steven Thomas and Kari Ann Hedwall – December 2025

Attorney Kari Ann Hedwall secured the following successful case results for our clients in December:

  • Reckless Driving (Failure to Yield to Emergency Vehicle)- REDUCED to Improper Driving
  • Reckless Driving 78/55- REDUCED to Improper Driving
  • Reckless Driving (General)- DISMISSED
  • Reckless Driving 98/55- REDUCED to Improper Driving
  • Reckless Driving 72/45- REDUCED to Speeding
  • Operating Vehicle While Holding Phone- DISMISSED
  • Reckless Driving 90/35- REDUCED to Improper Driving
  • Reckless Driving 104/55- REDUCED to Improper Driving
  • Reckless Driving 94/65- REDUCED to Improper Driving
  • Reckless Driving 90/55- REDUCED to Speeding
  • Speeding 40/20- DISMISSED
  • Reckless Driving 99/55- REDUCED to Improper Driving
  • Driving Without a License and Failure to Appear- BOTH DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “Words cannot express how thankful I am for Kari Ann and her team. They were always available to answer any questions and guide me through every step of the process. Kari Ann, in particular, made an overwhelming experience feel manageable and ensured I felt prepared and comfortable the entire way. I would wholeheartedly recommend her and her team for any legal assistance you may need.”- Catherine, Google Review
  • “I cannot thank this group enough!!! Everyone from the first phone call to the end was extraordinary. I had received a terrible traffic ticket of a misdemeanor that could have cost me a lot of money and numerous points on my license. Kari Ann was friendly, professional, super thorough and helped ease my nerves. 10/10 recommend. Thank you all so much!” -Tasha, Google Review
  • “I just got back from my second court date in 3 days & Kari Ann turned both my 90 in a 35 & 104 in a 55 into an improper driving and a $250 fine for both cases. I don’t know how she did it, but she did. She’s the best lawyer in the city by far” – Marvin, Google Review

Attorney Steven Thomas secured the following successful case results for our clients in December:

  • Reckless Driving 72/30- REDUCED to Improper Driving
  • Driving on a Suspended License- REDUCED to Failure to Carry License
  • Reckless Driving 93/55- REDUCED to Improper Driving
  • Speeding 82/60- REDUCED to Defective Equipment
  • Reckless Driving 100/60- NOT GUILTY
  • Reckless Driving 78/45 (Commercial Driver’s License)- REDUCED to Improper Driving
  • Felony Hit and Run- REDUCED to Misdemeanor Hit and Run and NO JAIL TIME
  • Driving without a License- DISMISSED
  • Reckless Driving 86/60- REDUCED to Speeding
  • DWI 2nd (within 5 years)- AMENDED DOWN to DWI 1st
  • Reckless Driving (Parking Lot)- DISMISSED

Here are recent reviews from Steven’s clients:

  • “I came into this case scared, stressed, and unsure of what my future was going to look like. Traveling from opposite ends of the country for court was overwhelming, and the stakes felt terribly high. From the moment my attorney stepped in, I felt a sense of relief. He was calm, confident, and clearly knew what he was doing. Walking out of the courtroom without the life-altering consequences I was afraid of, is something I will never forget. The outcome of my case honestly exceeded anything I expected. If you are facing a serious charge in Virginia and want someone who will fight for you and stand by you, Steven Thomas is the attorney you want in your corner. I can’t recommend him highly enough. Thank you!”- Nathan, Google Review
  • “I’m truly grateful for Steven Thomas and his team’s work. His time and effort to help me throughout this process has been great, especially with this being the first time I’ve ever needed a lawyer. Even with some challenges, he’s been able to help me get the best possible outcome. I’m blessed that this law firm came to my door.”-Terrence, Google Review
  • “I recently got a reckless driving ticket and was so scared of the outcome I was going to have to face in court. Steven was honest with me about everything and his team had great communication. Because of him, I was able to avoid jail time and continue with my normal life. He is very kind and encouraging and I would 100% recommend him and his team to anyone who needs the help!” –Drew, Google Review

Charged with DUI, Reckless Driving, or another Traffic Offense? Call Us Today!

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

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. The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients, and may not necessarily be representative of all clients. We do not claim, and you should not assume, that all clients will have the same experience. Your outcome may vary. 

Norfolk Courthouse Profile

Navigating the court system can feel intimidating, especially if it’s your first time dealing with a traffic or criminal matter. Each courthouse operates a little differently and knowing what to expect ahead of time can make the process far less stressful.

Below is a general guide to the Norfolk courthouse, along with practical tips to help you feel prepared before your court date.


Address:

150 St. Pauls Boulevard
Norfolk, VA 23510

Hours of Operation:

8:00 AM – 4:00 PM


Traffic cases are heard Monday-Friday at 9:00 a.m., 10:00 a.m., and 11:00 a.m.

Contact Information:

(757) 644-4911, (757) 644-4912


When Should I Arrive at the Norfolk Courthouse?

The Driving Defense Law team suggests arriving at least 20–30 minutes early before your scheduled court time. This allows enough time for parking, security screening, and locating the correct courtroom.

What Should I Wear to Court?

Business casual attire is recommended, if possible. Avoid the following:

  • Tank tops
  • Shorts
  • Clothing with offensive language
  • Sleepwear
  • Flip-flops
  • Hats (except for religious or medical reasons)

If you are in the military, you may choose to wear your uniform; however, there is no specific statute requiring service members to do so. It is important to check with your command beforehand to confirm how they would prefer you to present yourself.

What Should I Bring to Court?

Bring a valid photo ID along with any documents or paperwork related to your case. Having these items ready can help avoid delays and ensure a smoother court experience.

Can I Bring My Phone to Court?

No, Norfolk does not allow cell phones or smart devices inside the courthouse. Items such as phones, smart watches, and tablets are prohibited past security.

Small lockers may be available for rent near the security entrance, but availability can vary. To avoid delays, it’s best to leave your devices in your vehicle before entering.

Where Can I Park at the Norfolk Courthouse?

The Norfolk courthouse is located in the heart of downtown Norfolk. There is a limited number of street parking spots nearby, as well as multiple parking garages. Below is a list of nearby parking garages owned by the City of Norfolk. As of 1/12/2026, the first two hours of parking in these garages are free (see city’s website for most up to date information).

Can You Refuse Field Sobriety Tests in Virginia?

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are a series of tests used by police to check whether a driver may be impaired by alcohol or drugs, often during a traffic stop or DUI investigation. Examples of FSTs include:

These tests are intended to help an officer determine whether there is probable cause to arrest you for DUI. They are not the same as post-arrest chemical testing, such as a breath or blood test, which is used to measure your actual blood alcohol concentration (BAC).

Are You Required to Perform Field Sobriety Tests?

No, you are not required to perform field sobriety tests in Virginia. There is no implied consent law for field sobriety tests, unlike post-arrest chemical testing (breath or blood). This means you are not legally required to submit to these tests, and there is no statutory penalty for politely refusing to perform them.

Are Field Sobriety Tests and Breath or Blood Tests?

No, field sobriety tests are not the same as breath or blood tests. Field sobriety tests are a set of voluntary, physical and mental tests used by police during a traffic stop to gauge impairment. They are often used to help an officer establish probable cause for a DUI arrest, while breath or blood tests are conducted after an arrest to measure a driver’s actual blood alcohol concentration (BAC).

Breath and blood tests are governed by Virginia’s implied consent law, which applies after a DUI arrest. Implied consent means that by driving on Virginia roads, drivers agree to submit to post-arrest chemical testing to measure blood alcohol concentration (BAC), and refusing those tests can result in separate legal penalties.

What Happens If You Decline Field Sobriety Tests?

If you decline a field sobriety test during a traffic stop, you will not receive a separate charge, fine or automatic penalty. However, an officer may consider your refusal along with other signs of impairment, such as slurred speech or blood shot eyes, when deciding whether to arrest you for DUI. A prosecutor may also mention your refusal in court as part of the overall case, but it cannot be used by itself to prove guilt.

What to Do If Asked to Take Field Sobriety Tests

If you are asked to preform FSTs and would like to decline, keep these tips in mind:

  • Be calm and polite: Treat the officer respectfully to avoid escalating the situation.
  • Clearly state your refusal: You can simply say that you choose not to participate in the tests.
  • Avoid volunteering extra information: Stick to brief, factual responses and don’t offer explanations or excuses.
  • Stay aware of your surroundings: Ensure you are standing safely and remain cooperative without performing the tests.

What to Do If Charged with a DUI in Virgina

If you are charged with a DUI in Virginia, taking the right steps immediately can help protect your rights and your future:

  • Contact an experienced DUI attorney: An experienced traffic attorney at Driving Defense Law can explain your options, review the evidence, and represent you in court.
  • Gather relevant information: Collect police reports, witness statements, and any evidence from the stop or arrest.
  • Understand your court dates and deadlines: Missing important filings or hearings can hurt your defense.
  • Follow legal advice carefully: Your attorney can guide you regarding chemical tests, plea options, or possible defenses.

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

Recent Dismissals & Reductions by Attorneys Steven Thomas and Kari Ann Hedwall – November 2025

Attorney Kari Ann Hedwall secured the following successful case results for our clients in November:

  • Reckless Driving 101/55- DISMISSED
  • SPEEDING 50/30- DISMISSED
  • Reckless Driving 71/30- REDUCED to Improper Driving
  • Reckless Driving 93/60- REDUCED to Speeding
  • Reckless Driving 85/55- DISMISSED
  • Reckless Driving 81/55- REDUCED to Improper Driving
  • Reckless Driving 75/50- DISMISSED
  • Reckless Driving 73/35 and Failure to Appear- BOTH DISMISSED
  • Reckless Driving 93/65- REDUCED to Improper Driving
  • Failure to Yield (Accident)- DISMISSED
  • Failure to Yield to Emergency Vehicle- REDUCED to Improper Driving
  • DUI (4th Offense) and Driving on a Suspended License:
    • DUI- MINIMUM jail time and MINIMUM fine
    • Driving on a Suspended License- NOELLE PROSEQUI
  • Reckless Driving 80/60- REDUCED to Speeding

Here are recent reviews from Kari Ann’s clients:

  • “Kari Ann is a lady with determination and dedication, she handled my case so well and got me the best possible outcome. I SERIOUSLY RECOMMEND ANYONE TO THIS FIRM THANK YOU SO MUCH KARI”- Alexzander, Google Review
  • “Very awesome service! I was glad i found them on a website looking for traffic attorneys, and they are affordable! Thank you guys for everything I highly recommend this company if you need a traffic lawyer!” -d s, Google Review
  • “Miss Kari Hedwall is a lifesaver. She’s so good at her job.” – John Paul, Google Review

Attorney Steven Thomas secured the following successful case results for our clients in November:

  • Reckless Driving 124/55- NO JAIL TIME and NO LICENSE SUSPENSION
  • Reckless Driving 131/55- REDUCED to Speeding
  • Reckless Driving (Passing a Stopped School Bus)- REDUCED to Improper Driving
  • Reckless Driving 91/70- REDUCED to Speeding
  • Reckless Driving 85/55- REDUCED to Speeding
  • Reckless Driving 96/55- REDUCED to Improper Driving
  • Reckless Driving 80/55- DISMISSED
  • Speeding 79/55- REDUCED to Defective Equipment
  • Reckless Driving 90/65- REDUCED to Improper Driving
  • Reckless Driving 84/55- REDUCED to Speeding
  • Reckless Driving (General)- DISMISSED
  • Reckless Driving 92/65- REDUCED to Improper Driving
  • Reckless Driving 86/55- REDUCED to Improper Driving
  • Reckless Driving 111/55- NO JAIL TIME and NO LICENSE SUSPENSION
  • Reckless Driving (Racing)- AMENDED to Reckless Driving General

Here are recent reviews from Steven’s clients:

  • “Steven Thomas was the best attorney i could’ve had representing me. He helped make the process a lot easier for me and got me the best outcome i could’ve hoped for with a DUI 1st offense. If you’re looking for an attorney, he is the one to go to!”- Sherica, Google Review
  • “I highly recommend Steven. He handled my reckless driving case with professionalism and care, clearly explaining what was needed for the best outcome. Thanks to his expertise, my reckless driving charge was reduced to improper driving — a much better outcome than I expected. Great communication and results from start to finish.”-Mike, Google Review
  • “I recently got a reckless driving ticket and was so scared of the outcome I was going to have to face in court. Steven was honest with me about everything and his team had great communication. Because of him, I was able to avoid jail time and continue with my normal life. He is very kind and encouraging and I would 100% recommend him and his team to anyone who needs the help!” –Drew, Google Review

Charged with DUI, Reckless Driving, or another Traffic Offense? Call Us Today!

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

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. The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients, and may not necessarily be representative of all clients. We do not claim, and you should not assume, that all clients will have the same experience. Your outcome may vary. 

When Is a DUI a Felony in Virginia?

Driving under the influence (DUI) is a serious offense in Virginia. While most DUIs are misdemeanors, certain circumstances escalate the charge to a felony. Understanding these rules is critical for anyone facing DUI charges or learning about Virginia law.

What Is a Misdemeanor DUI in Virginia?

A misdemeanor DUI usually applies to first or second offenses within a 10-year period. Penalties can include:

  • Jail Time: Up to one year for a first or second offense.
  • Fines: Between $250 and $2,500.
  • License Suspension: One year for a first offense and up to three years for a second.
  • Six DMV Demerit Points: Remains to your driving record for 11 years.
  • Mandatory Alcohol Education: Completion of the Virginia Alcohol Safety Action Program (VASAP).
  • Ignition Interlock Device: Mandatory if you want a restricted license.

Misdemeanors are less severe than felonies but can still have long-term consequences for driving records, insurance rates and employment.

How Does a DUI Become a Felony in Virginia?

A DUI becomes a felony primarily under three circumstances:

  1. Third or subsequent DUI within 10 years.
  2. DUI resulting in serious bodily injury or death.
  3. DUI with a minor under 17 in the vehicle (combined with other aggravating factors).

Felony charges carry longer jail sentences, higher fines, indefinite license revocation, and possible vehicle forfeiture.

Why Is a Third DUI Within 10 Years Considered a Felony?

Virginia treats repeat DUI offenses harshly because repeat offenders pose higher public safety risks. A third DUI within 10 years becomes a Class 6 felony, with mandatory jail time, large fines, indefinite license suspension, and possible vehicle forfeiture. These penalties aim to deter dangerous driving behavior.

What Happens If a DUI Causes Serious Injury or Death?

If a DUI leads to serious bodily harm or death, felony charges like maiming or involuntary manslaughter may apply. Convictions carry long prison sentences, permanent criminal records, and significant civil liability. Legal guidance is essential to navigate these complex charges.

How Does a DUI With a Child in the Vehicle Affect Charges?

Driving under the influence with a child under 17 may increase penalties. While the DUI charge itself will not be elevated to a felony, if the DUI is accompanied by the transport of a minor (violation of Va. Code 16.1-278.9), Virginia law treats this as a serious aggravating factor.

If you’re facing a DUI in Virginia, it’s important to act quickly. Our experienced traffic law attorneys understand the local courts and can help you explore defenses, minimize penalties, and protect your record. Contact our office today to schedule a free consultation.

Is a Hit and Run in Virginia a Felony or Misdemeanor?

If you’ve been involved in a hit and run in Virginia, one of your first questions may be whether you’re facing a misdemeanor or felony charge. The distinction is important because penalties, the long-term consequences, and legal strategies differ significantly depending on the classification.

What is a Hit and Run in Virginia?

Under VA code § 46.2-894, you must stop if you are involved in an accident that injures or kills someone or damages an attended vehicle or property.

When stopped, the driver must provide the following information to the other driver involved and the State Police or other law enforcement:

  • Name
  • Address
  • Driver’s License Number
  • Vehicle Registration Number

Failing to stop and provide this information counts as a hit and run under Virginia Law.

When Is Hit and Run a Misdemeanor in Virginia?

Virginia classifies a hit and run as a Class 1 misdemeanor when the accident causes $1,000 or less in property damage.

If a court convicts you of a Class 1 misdemeanor, you could face up to 1 year in jail and fines up to $2,500.

When Is Hit and Run a Felony in Virginia?

Virginia classifies a hit and run as a Class 5 felony when:

  • The accident results in injury to another person and/or
  • The property damage exceeds $1,000

If convicted of a class 5 felony, you could be facing more severe consequences to include up to 10 years in jail and up to $2,500 in fines.

Facing a hit and run charge in Virginia can be scary and it’s completely normal to feel stressed, confused, or unsure about what happens next. The good news is you do not have to figure this out alone. Every situation has context, and the experienced attorneys at Driving Defense Law are here to help you protect your rights, your record, and your future.

Recent Dismissals & Reductions by Attorneys Steven Thomas and Kari Ann Hedwall – October 2025

Attorney Kari Ann Hedwall secured the following successful case results for our clients in October:

  • Aggressive Driving (Misdemeanor) and Reckless Driving 89/55
    • Aggressive Driving (Misdemeanor)- DISMISSED
    • Reckless Driving 89/55- NO JAIL TIME or LICENSE SUSPENSION
  • Reckless Driving 87/55- REDUCED to Improper Driving
  • Reckless Driving 87/55- REDUCED to Improper Driving
  • Reckless Driving 57/35- DISMISSED
  • Reckless Driving 82/55- REDUCED to Defective Equipment
  • Reckless Driving 88/55- REDUCED to Improper Driving
  • Failure to Yield (Accident)- DISMISSED
  • Reckless Driving 81/55- REDUCED to Speeding
  • Reckless Driving 91/65- REDUCED to Speeding
  • Reckless Driving 105/55- DISMISSED
  • Reckless Driving 91/70- REDUCED to Speeding
  • Reckless Driving (General)- DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “Kari Ann was amazing!! I could tell how invested she was in my case and got me the best possible outcome!! 100% recommend to anyone!!”- Austin, Google Review
  • “Kari Ann and her [team] are AMAZING ❣️ I thank God for her and how this case was handled. Although the offer was wrong, I still had to pay for classes, court fees, and an attorney. That part of the legal system scheme sucks and needs to change. But, if you’re in need of an attorney that you don’t have to stay on top of, SHE IS THE BEST KNOWLEDGEABLE AND CARING. I DIDN’T EVEN NEED TO BE AND GOT EVERYTHING HANDLED BEYOND MY EXPECTATIONS. THANKS AGAIN YALL” -Tarshish, Google Review
  • “Great team of people! I followed their recommendations and was able to get a better outcome for my ticket!(reckless driving has some steep consequences!) My charge was reduced due to a combination of our efforts!! Shout out to Emma , DaVeeta and Kari Ann!!” – Andrew, Google Review

Attorney Steven Thomas secured the following successful case results in Federal Court for our clients in October:

  • Driving With an Open Container- DISMISSED
  • DWI 1ST and Driving With an Open Container
    • DWI 1st- REDUCED to Reckless Driving with NO JAIL TIME
    • Driving With an Open Container- DISMISSED

Attorney Steven Thomas secured the following successful case results in General District Court for our clients in October:

  • DWI 1ST, Breath Test Refusal, Possession of a Controlled Substance (Felony), and Possession of a Controlled Substance (Felony)
    • DWI 1st- NO JAIL TIME
    • Breath Test Refusal- NOELLE PROSEQUI
    • Possession of a Controlled Substance (Felony)- DISMISSED
    • Possession of a Controlled Substance (Felony)- REDUCED
  • Reckless Driving 70/35- REDUCED to Speeding
  • Forward Facing Child Restraint- NOT GUILTY
  • Reckless Driving 83/55- REDUCED to Speeding
  • Reckless Driving 80/55- REDUCED to Speeding
  • Reckless Driving 92/55- REDUCED to Improper Driving
  • Speeding 62/45- DISMISSED
  • Reckless Driving 89/55- REDUCED to Improper Driving
  • Reckless Driving 78/55- DISMISSED
  • Reckless Driving 83/60- REDUCED to Improper Driving
  • Reckless Driving 87/55- DISMISSED

Here are recent reviews from Steven’s clients:

  • “I highly recommend Steven. He handled my reckless driving case with professionalism and care, clearly explaining what was needed for the best outcome. Thanks to his expertise, my reckless driving charge was reduced to improper driving — a much better outcome than I expected. Great communication and results from start to finish.” – Mike, Google Review
  • “I recently got a reckless driving ticket and was so scared of the outcome I was going to have to face in court. Steven was honest with me about everything and his team had great communication. Because of him, I was able to avoid jail time and continue with my normal life. He is very kind and encouraging and I would 100% recommend him and his team to anyone who needs the help!” –Drew, Google Review
  • “I had the pleasure of hiring this awesome team!! Mr. Steven and his crew were great!!! We got to court and the outcome was what I needed!! I will definitely be back if needed again!! If you’re looking for a great lawyer you have come to the right spot!! Look no further!!!” –Jaime, Google Review

Do not pre-pay your traffic ticket! Pre-paying your ticket or representing yourself in court can have long term consequences. You may encounter costly fines, increased insurance rates, and sometimes even jail time.  

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. Our team cares about you and will stand strong by your side.  Our experienced attorneys know how to navigate the local courts in Virginia, especially the Hampton Roads area including Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Hampton, and Newport News. Our traffic attorneys will evaluate your options and create a gameplan to dismiss or minimize your offense.  Contact now for a FREE case evaluation!

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. The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients, and may not necessarily be representative of all clients. We do not claim, and you should not assume, that all clients will have the same experience. Your outcome may vary.