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Author: Emma.S

When Is a DUI a Felony in Virginia?

Written by Emma.S on . Posted in DUI, Repeat DUI.

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?

Written by Emma.S on . Posted in Hit and Run.

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

Written by Emma.S on . Posted in Case Results.

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. 

Safe Driving Tips for Halloween Weekend in Hampton Roads

Written by Emma.S on . Posted in Traffic Resources.

Halloween weekend is full of costumes, candy, and celebrations. With more pedestrians out in the Hampton Roads area, it’s more important than ever to stay alert and drive responsibly.

Whether you’re heading to a party, picking up friends, or just out and about, a single moment of poor judgment behind the wheel can have serious consequences including traffic tickets, accidents, or DUI charges. Here are a few tips to keep yourself and your community safe this Halloween weekend.

1. Watch Carefully for Pedestrians

Trick-or-treaters, families walking to local festivals, participants in daytime and evening bar crawls, and costume party attendees will be out in large groups. Make safety a priority by

  • Being extra cautious around children, who may unexpectedly run into the street.
  • Paying close attention to sidewalks and crosswalks.
  • Yielding to pedestrians at all intersections.

2. Obey Speed Limits and Adjust for Conditions

Halloween weekend brings heavier traffic, events, and celebrations across Hampton Roads, making it a high-risk time for drivers. Law enforcement is out in full force this weekend, monitoring roads for those driving too fast. To help avoid a speeding or reckless driving ticket:

  • Adjust your speed for traffic and weather. Crowded streets, slow-moving traffic from parties or bar crawls, and rainy or low-visibility conditions may require driving below the posted limit.
  • Follow posted speed limits closely. Police are actively patrolling neighborhoods and main roads, so even small violations can result in citations.

Slowing down just a few miles per hour and remaining focused can help you drive safely, avoid legal trouble, and keep everyone on the road protected.

3. Minimize Distractions

Distracted driving is dangerous any time of year, but especially during Halloween when pedestrians are abundant all weekend long. Keep yourself focused by:

  • Keeping your phone out of reach.
  • Avoiding eating, drinking while driving.
  • Limiting passenger distractions.

4. Plan a Sober Ride Ahead of Time

If your plans include alcohol, don’t risk driving. Arrange a safe ride in advance:

  • Use ride-sharing services like Uber or Lyft.
  • Call a taxi.
  • Ask a trusted friend or family member to be your designated driver.

Planning ahead significantly reduces the risk of impaired driving, helping you avoid accidents, DUIs, and other legal trouble. If your original plan falls through, consider booking a nearby hotel or staying with friends rather than getting behind the wheel. Safety always comes first.

Facing a DUI in Virginia This Halloween?

Written by Emma.S on . Posted in DUI, Traffic Resources.

Halloween weekend is all about costumes, candy, and community celebrations. But it’s also one of the riskiest times of the year for drivers. With more pedestrians, late-night parties, and alcohol often involved, exercising extra caution on the road is essential. If you’re charged with a DUI during Halloween weekend, here’s what you need to know.

What Qualifies as a DUI in Virginia?

In Virginia, under code §18.2-266, it is unlawful to drive or operate a motor vehicle while impaired by alcohol or drugs. For most drivers, the blood alcohol content threshold is 0.08%. However, there are different thresholds for other categories of drivers to include:

  • 0.04% BAC for drivers operating a commercial motor vehicle
  • 0.02% BAC for drivers under 21 years of age (under VA code §18.2-266.1)

What Are the Penalties for a DUI in Virginia?

A DUI in Virginia is classified as a Class 1 Misdemeanor. If convicted, not only will it result in a permanent criminal record, but you may also face a variety of serious consequences, including:

  • Jail Time: A Class 1 Misdemeanor in Virginia carries a maximum sentence of up to 12 months in jail. However, VA code § 18.2-270, introduces minimum sentences if your BAC was elevated:
    • If your BAC is between 0.15% and 0.20%, you will face a minimum of 5 days in jail.
    • If your BAC is 0.21% or higher, you will face a minimum of 10 days in jail.

  • Fines: If convicted, VA law allows a fine up to $2,500 to be imposed with a minimum fine of $250.

  • License Suspension: If you’re charged with a DUI in Virginia, your driver’s license will be administratively suspended for 7 days immediately after your arrest. For repeat offenses, the suspension period increases: 60 days for a second DUI and until your trial date for a third or subsequent DUI. If you are convicted of a DUI in Virginia, then your license could be suspended for up to 12 months.

What Happens in Court After a DUI in Virginia?

In most cases, your first court appearance after a DUI arrest is the arraignment. This hearing is typically scheduled a few days or weeks after your release, assuming you were granted bond immediately. In this hearing, the court will generally:

  • Explain the charges so you understand exactly what you’re being accused of.
  • Make sure you fully understand the nature of the charges.
  • Advise you of your right to have a lawyer.
  • Ask whether you plan to:
    • Hire your own attorney,
    • Request a court-appointed attorney or Public Defender, or
    • Proceed without an attorney.

After your arraignment, your case moves into the pre-trial phase. During this time, your attorney will:

  • File for discovery.
  • Review all evidence the prosecution has against you.
  • Prepare a defense, which may include one listed here.
  • If necessary, explore a plea agreement with the prosecutor.

How to Protect Yourself after a DUI in Virginia

If you have been charged with a DUI, remember these things:

  • A charge is not a conviction.
  • Document everything you remember about your arrest, and the events up to it.
  • Attend all the necessary court dates.

Most importantly, you should reach out to a Driving Defense Law attorney immediately. Our highly specialized attorneys dedicate their practice to helping clients navigate DUI and traffic-related cases, protecting your rights every step of the way. We understand the complexities of Virginia’s DUI laws and work closely with you to explore all possible defense strategies. From reviewing evidence and negotiating with prosecutors to representing you in court, we are committed to achieving the best possible outcome for your situation.

Don’t face a DUI charge alone. Call or text us at 757-929-0335 or schedule a free consultation here.

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

Written by Emma.S on . Posted in Case Results.

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

  • Reckless Driving 70/35- REDUCED to Speeding
  • Failure to Obey Highway Marking- DISMISSED
  • Reckless Driving 59/30- REDUCED to Defective Equipment
  • Reckless Driving 85/55- REDUCED to Improper Driving
  • Reckless Driving 90/55- REDUCED to Speeding
  • Reckless Driving 81/55- REDUCED to Speeding
  • Reckless Driving 96/55- REDUCED to Speeding
  • Reckless Driving 91/55- REDUCED to Improper Driving
  • Failure to Drive on Right Side of Highway- DISMISSED
  • Driving Without a License (Misdemeanor)- REDUCED to Failure to Carry License (Infraction)
  • Reckless Driving 89/60- REDUCED to Speeding
  • Reckless Driving 102/60- REDUCED to Speeding
  • Reckless Driving 86/60- REDUCED to Speeding
  • Reckless Driving- Faulty Brakes (Commercial Driver’s License)- DISMISSED
  • Reckless Driving 77/55- REDUCED to Speeding
  • Reckless Driving (20+ mph over)- DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “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
  • “I can’t thank Attorney Kari Ann Hedwall and her team at Driving Defense Law enough for the incredible job they did handling my son’s accident case recently. From the very beginning, Ms. Hedwall and her staff showed compassion, professionalism, and true dedication. They took the time to explain everything clearly and made sure my son understood the process and his rights as a new driver also included him in every communication which I thought was really awesome. Their hard work and attention to detail led to a successful outcome that not only protected his future but also gave him valuable knowledge and confidence moving forward. I’m deeply grateful for the care and support they provided every step of the way. I highly recommend Kari Ann Hedwall and the team at Driving Defense Law to anyone in need of honest, knowledgeable, and reliable representation. Thanks again to everyone who helped my son and I through this” – TTJ, Google Review
  • “Genuinely so grateful for what this law firm did for me, specifically Kari Ann, she gave me clear instructions on what I needed to do in order to get my reckless driving ticket reduced, I did all of those things and ended up only paying a $30 fine. Absolutely in awe of what was done in that court room and forever thankful!!! 1000% recommend!!” – Ziyah, Google Review

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

  • Reckless Driving 66/35- REDUCED to Improper Driving
  • Reckless Driving 91/65- REDUCED to Speeding
  • Reckless Driving (Parking Lot)- DISMISSED
  • Speeding 84/65- DISMISSED
  • Eluding (Misdemeanor)- DISMISSED
  • Reckless Driving 77/50- REDUCED to Speeding
  • Improper Lane Change (ACCIDENT)- NOT GUILTY
  • Reckless Driving 77/55- REDUCED to Speeding
  • Refuse to Weigh Commerical Vehicle- DISMISSED
  • Speeding 64/45- REDUCED to Defective Equipment
  • Reckless Driving 89/55- REDUCED to Speeding
  • Reckless Driving 81/55- REDUCED to Speeding

Here are recent reviews from Steven’s clients:

  • “Highly recommend! Super helpful and put me at ease with a traffic ticket I was very anxious about. My lawyer talked me through the whole process and every possible outcome and was prepared for all of it. They had my ticket dismissed easily!” – Shauna, Google Review
  • “I was impressed with Steven Thomas expertise. He handled my case with professionalism and really took his time to help me understand everything that I was going through. Thank you.” –Ali, Google Review
  • “Steven got my reckless driving down to an improper driving, saving me lots of time and money. Great attorney, highly recommended.” –Kayne, Google Review

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.  Call Driving Defense Law NOW for a free consultation to evaluate your options. 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.  Know your options! 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. 

What Do Military Members Need to Know About Federal DUI?

Written by Emma.S on . Posted in DUI, Military.

If you were charged with DUI on a military base or other federal property, it’s normal to feel uncertain about what comes next. Unlike most DUI cases handled in state court, a DUI on federal property is a federal offense with different procedures and potentially stricter consequences. For service members, it can also affect your career. Understanding how federal DUI charges work the first step is toward protecting your record and your future.

What is a Federal DUI?

A DUI is a criminal charge for operating a motor vehicle while impaired by alcohol and/or drugs. Most DUIs are handled by state courts, but a DUI becomes a federal matter if it happens on federal property. This includes:

  • Military bases
  • National parks
  • Federal buildings and their parking lots
  • Other federally owned land

If you were arrested for DUI on a military installation or other federal property, your case will be handled in federal court, not state court.

How is a Federal DUI different from a State DUI?

The main difference is where the incident happened, and which laws apply. Federal DUIs are prosecuted under federal law, but in many cases, federal courts will apply the DUI laws of the state where the offense occurred. This is due to a law called the Assimilative Crimes Act, which allows federal courts to use state law for crimes that aren’t specifically covered by federal statutes. Beyond that, the consequences for a federal DUI are a bit different than the consequences for a state DUI in Virginia.

What are the Potential Consequences of a Federal DUI?

A federal DUI conviction in Virginia can have serious consequences, including:

  • Fines up to $5,000
  • Up to six months in federal prison
  • Up to 5 years on federal probation

For military members, there may be additional consequences, such as:

  • Effects on your career or future promotions
  • Administrative actions by your command
  • Impact on your security clearance

What Should You Do If You’re Charged with a Federal DUI?

Follow Protocol
Notify your command if required, and cooperate with any administrative processes. Failing to do so can lead to additional disciplinary action.

Understand Your Rights
You have the right to remain silent and to not incriminate yourself. Exercise these rights.

Consult a DUI Attorney
It’s important to consult with an attorney who is licensed and able to practice in federal court. A charge is not the same as a conviction, and they will be able to help you understand your options and build the best possible defense.

Do not face your DUI charge alone. At Driving Defense Law, we understand the unique challenges service members face when charged with a serious offense, like a DUI. Our experienced attorneys are licensed to practice in federal court and are prepared to help you navigate the process with discretion, confidence, and an aggressive legal strategy. Call us today at 757-929-0335 to begin building your defense. Or schedule a consultation here.

Don’t Let a Ticket Ruin Your Fall Travel Plans

Written by Emma.S on . Posted in Reckless Driving, Speeding, Traffic Resources.

Fall is one of the most beautiful times of the year to explore Virginia. As the temperatures drop and the leaves turn vibrant shades of red and gold, many drivers hit the road for weekend getaways, family visits, or scenic drives throughout the Commonwealth.

But increased traffic during fall travel season also means a greater law enforcement presence, especially around busy holiday weekends like Thanksgiving or Halloween. Speeding and reckless driving charges can quickly turn a relaxing road trip into a stressful legal situation.

To help you enjoy the season safely, here are a few important tips to avoid traffic tickets this fall:

1. Plan Extra Travel Time

Running late is one of the most common reasons why drivers speed. By allowing yourself extra travel time, you can avoid the temptation to rush and, therefore, reduce your chances of getting pulled over. Allowing for a 10–15-minute buffer can significantly enhance your safety and provide greater peace of mind while on the road.

2. Pay Attention to Changing Speed Zones

Speed limits can change quickly, especially on Virginia’s small towns and rural highways in cities such as Chesapeake or Suffolk. To stay safe and reduce the risk of a reckless driving ticket, always watch for posted signs, slow down gradually, and be especially alert when approaching town limits or areas with frequent speed changes. Keep in mind that GPS apps may not always reflect the most current speed limits, so it is safest to rely on the posted road signs.

3. Watch Out for Sun Glare

The lower autumn sun can create intense glare during morning and late-afternoon drives, making it harder to see speed limit signs, traffic signals, and pedestrians. Consider keeping a pair of sunglasses in your car and using your sun visor to improve visibility.

4. Stay Focused on Longer Drives

Long fall road trips throughout Virginia can lead to fatigue and distractions, increasing the risk of traffic violations, speeding tickets, and reckless driving. To stay safe, take regular breaks, rotate drivers when possible, and keep your attention on the road instead of your phone or GPS. Even careful drivers can get pulled over, and if you do receive a speeding or reckless driving ticket in cities like Virginia Beach, Chesapeake, or Norfolk, our team at Driving Defense Law is here to help you navigate the process and protect your driving record.

5. Understand Virginia’s Driving Laws

As a driver, you are responsible for knowing and following state driving laws. Many out-of-state drivers are not aware that driving 20 mph or more over the posted speed limit or exceeding 8 mph regardless of the posted speed limit, can be charged as reckless driving in Virginia. Reckless driving in Virginia is a class 1 misdemeanor that carries heavy fines, license suspension, and even potential jail time. Other common traffic violations include:

If you’re facing a reckless driving ticket, speeding ticket, DUI, or any other traffic violation in Hampton Roads, VA this fall, contact the experienced attorneys at Driving Defense Law. We specialize in handling all types of traffic violations and are here to protect your driving record. For a free consultation, call us today at 757-929-0335.

Can You Get a Reckless Driving or DUI Charge Expunged in Virginia?

Written by Emma.S on . Posted in DUI, Reckless Driving.

If you’ve been charged with reckless driving or DUI (driving under the influence) in Virginia, you might be wondering if you can ever get that charge removed from your record. Here’s what you need to know about expungements in Virginia.

What Is Expungement?

Expungement is a legal process that allows certain criminal charges to be erased from your public record. If a charge is expunged, it’s as if it never happened, at least in the eyes of most employers, landlords, and the public.

In Virginia, expungement is only possible in very limited situations. The most important thing to know is this: If you are convicted (found guilty) of reckless driving or DUI, that conviction cannot be expunged from your record.

When Can a Charge Be Expunged?

You May Be Eligible for Expungement If:

  • You were found not guilty (acquitted) in court.
  • The charge was dropped by the prosecutor (this is called “nolle prosequi”).
  • The charge was dismissed by the court without a finding of guilt.

In these situations, you can ask the court to expunge the charge from your record. However, you will need to file a petition and go through a legal process, and the court will decide if expungement is appropriate.

You Are Not Eligible for Expungement If:

  • You were convicted (found guilty) of reckless driving or DUI.
  • You pled guilty or “no contest” to the charge, even if the court later dismissed it as part of a plea deal or first-offender program.
  • You received a deferred disposition (where the charge is dismissed after you meet certain conditions).

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

Written by Emma.S on . Posted in Case Results.

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

  • Reckless Driving 110/55- NOT GUILTY
  • Reckless Driving 63/35- REDUCED to Speeding
  • Reckless Driving 105/55- DISMISSED
  • Reckless Driving (General)- REDUCED to Improper Driving
  • Reckless Driving 83/55- DISMISSED
  • Reckless Driving 58/35- REDUCED to Speeding
  • Speeding 39/25- REDUCED to Defective Equipment
  • Reckless Driving 90/55- DISMISSED
  • Following Too Closely- NOT GUILTY
  • Speeding 53/35- DISMISSED
  • Reckless Driving 88/55- REDUCED to Speeding
  • Reckless Driving 85/55- REDUCED to Speeding
  • Reckless Driving 118/55- DISMISSED
  • Reckless Driving 64/35- REDUCED to Speeding
  • Reckless Driving 80/55- DISMISSED
  • Reckless Driving 92/55- REDUCED to Speeding
  • Reckless Driving (FAIL TO YIELD TO EMERGENCY VEHICLE)- DISMISSED
  • Reckless Driving 83/60- DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “Kari Ann Hedwall took my traffic case and done a great job. Professionalism at its best. Case dismissed!!!! Thank you!” – Bruce, Google Review
  • “Excellent lawyer. My case was properly handled. I am 100% satisfied.” – Ibrahim, Google Review
  • “Genuinely so grateful for what this law firm did for me, specifically Kari Ann, she gave me clear instructions on what I needed to do in order to get my reckless driving ticket reduced, I did all of those things and ended up only paying a $30 fine. Absolutely in awe of what was done in that court room and forever thankful!!! 1000% recommend !!.” – Ziyah, Google Review
  • “Was charged with reckless driving and reached out to DDL immediately. They were very professional and made things very clear of actions I should take. Once given the actions to take and easy links to the resources to perform them this made things very easy to follow. I put in the time and effort I was recommended to do and on my actual court date Kari Ann was awesome and helped reduce my charge to just a speeding ticket. I highly recommend them for driving issues to anyone that wants to help themselves. Was well worth the money and the time. Thank you DDL.!” – David, Google Review

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

  • Reckless Driving (FAIL TO YIELD TO EMERGENCY VEHICLE)- DISMISSED
  • Improper Lane Change (ACCIDENT)- DISMISSED
  • Reckless Driving (General)- REDUCED to Improper Driving
  • Speeding 74/55- DISMISSED
  • Driving Without a License- REDUCED to Failure to Carry License
  • Reckless Driving (61/35)- REDUCED to Improper Equipment

Here are recent reviews from Steven’s clients:

  • “Highly recommend! Super helpful and put me at ease with a traffic ticket I was very anxious about. My lawyer talked me through the whole process and every possible outcome and was prepared for all of it. They had my ticket dismissed easily!” – Shauna, Google Review
  • “I was impressed with Steven Thomas expertise. He handled my case with professionalism and really took his time to help me understand everything that I was going through. Thank you.” –Ali, Google Review
  • “Steven got my reckless driving down to an improper driving, saving me lots of time and money. Great attorney, highly recommended.” –Kayne, Google Review

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.  Call Driving Defense Law NOW for a free consultation to evaluate your options. 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.  Know your options! 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.