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Author: Emma.S

Missed Your Court Date in Virginia?

Written by Emma.S on . Posted in Breath and Blood Tests, Driving on a Suspended License, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Eluding, Federal DUI, Felony DUI, Hit and Run, Open Container, Reckless Driving, Repeat DUI, Speeding, Traffic Infractions, Traffic Resources, Underage DUI, Vehicular Manslaughter.

Not every traffic matter in Virginia requires you to appear in court. However, if you are required to appear and miss your court date, it can lead to serious consequences.

A Failure to Appear (FTA) may result in additional criminal charges, warrants, fines, and complications on top of your original traffic violation. Understanding when you must appear, what an FTA means, and what steps to take if you miss court can help protect your driving record and avoid unnecessary legal trouble.

When Do You Have to Appear in Court for a Traffic Matter?

Whether you have to appear for a traffic matter in Virginia depends on the type of charge.

For most infractions, you may be able to prepay the fine online and resolve the case without appearing in court. However, for more serious offenses, such as DUI or reckless driving, a court appearance is required, even if you retain an attorney.

Always review your summons carefully for instructions and deadlines. If you are unsure, contact the court or a Driving Defense Law attorney.

What Will the Court Do if You Miss You Court date?

If you miss court for a traffic infraction, the court may find you guilty in absentia. This can result in fines, court costs, and a conviction on your driving record. If you are unhappy with this outcome, you may still be able to appeal the matter by contacting the clerk’s office.

If you missed your court date on a more serious traffic matter, like a DUI or reckless driving charge, the judge may issue:

  • A capias (bench warrant) or your arrest
  • A show cause order requiring you to appear and explain your absence

What is a Capias?

A capias is a bench warrant issued by a judge directing law enforcement to take you into custody and bring you before the court. If a capias is active, you may be arrested at any time, including during a routine traffic stop.

What is a Show Cause?

A show cause order requires you to appear in court and explain why you failed to appear as required. The court will then determine whether additional penalties are appropriate.

What Should You Do if You Miss a Court Date?

If you miss a court date, it is important to act quickly and speak with a Driving Defense Law attorney right away.

Depending on the situation, you may need to appear before the court promptly. If a capias has been issued, there is a possibility you could be taken into custody, processed, and released with a new court date.

What Are the Penalties for Failure to Appear?

Under Virginia law:

  • If the underlying charge is a misdemeanor (such as reckless driving), Failure to Appear is typically charged as a Class 1 misdemeanor under Virginia Code § 19.2-128(c).
  • If the underlying charge is a felony, Failure to Appear may be charged as a Class 6 felony under § 19.2-128(b).

Can a Failure to Appear Charge Be Dismissed?

An FTA charge may be dismissed under certain circumstances, but this should never be relied upon. You should always appear at your court date unless otherwise directed by your attorney. 

Courts will often consider:

  • Whether you had good cause (such as a medical emergency or lack of proper notice)
  • Whether you took prompt action after missing court
  • Your prior history, including any previous FTAs

If you’ve missed a court date or believe a warrant may have been issued, it’s important to address the situation as soon as possible. The attorneys at Driving Defense Law have helped hundreds of clients resolve Failure to Appear issues and traffic charges across Hampton Roads. Contact us today to understand your options and take control of your situation.

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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.

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DWI, Breath/Blood Test Refusal and Reckless Driving- ALL DISMISSED in Hampton GDC

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

The following case study discusses a matter involving charges of Driving While Intoxicated, Refusal of a Blood or Breath Test, and Reckless Driving by Speed that ultimately resulted in the dismissal of all charges in Hampton General District Court.

The Charges and Allegations

Our client was charged in Hampton General District Court with:

According to the officer, our client was driving at a high rate of speed, reportedly nearly double the posted speed limit, which led to the traffic stop. During the encounter, the officer claimed our client exhibited slurred speech and the odor of alcohol, and the officer noted seeing an open container of alcohol in the vehicle. Upon noting the signs of alleged impairment, the officer began a DWI investigation, to which our client refused the breath/blood test. Our client maintained that they had not consumed enough alcohol to be legally impaired throughout the entirety of the investigation.

The following is a list of the charges and their potential consequences:

Driving While Intoxicated (DWI)Reckless DrivingBreath/Blood Test Refusal
Up to 12 months license suspensionUp to 6 months license suspensionUp to 12 months license suspension
Up to 12 months in jailUp to 12 months in jailN/A on 1st offense (civil violation)
Up to $2,500 in finesUp to $2,500 in finesN/A

While the legal penalties were significant, the consequences extended far beyond that, potentially jeopardizing the client’s job, security clearance, and future career opportunities.

Our Strategic Approach

Rather than negotiate a plea, Attorney Steven Thomas took the case to trial. The defense was built around one foundational question: did the officer have the legal right to make the stop in the first place?

In Virginia, an officer must have reasonable suspicion of a crime or traffic violation before initiating a traffic stop. Without that legal basis, everything that follows—field observations, refusal of a test, and the arrest—can be challenged as legally compromised. At trial, the officer could not testify to observing any traffic violation committed by our client, aside from a possible instance of speeding. Moreover, the officer’s testimony revealed that there was no objective or reliable evidence to support the conclusion that our client was speeding at the time of the stop.

The legal basis for the stop was invalid, and without a lawful stop, the prosecution’s case had no foundation, regardless of subsequent events.

The Final Outcome: ALL CHARGES DISMISSED

After trial, the court dismissed all three charges: Driving While Intoxicated, Refusal of a Breath/Blood Test, and Reckless Driving.

Our client faced the possibility of up to 12 months in jail, thousands of dollars in fines, and lengthy license suspensions. Instead, the result was clear:

  • No jail time
  • No fines
  • No license suspension
  • No criminal conviction of any kind

Just as importantly, the outcome protected the client’s career and security clearance. They were able to keep their job and avoid the long-term consequences that often follow a DWI conviction, including the ignition interlock device, VASAP program requirements, and ongoing financial costs that can last for years.

When reflecting on this outcome, Attorney Steven Thomas said “Many people understandably take DWI charges very seriously, and rightfully so. No one should drive while impaired and put themselves and others at risk. At the same time, every criminal case must still meet the legal standards required by the Constitution. This case highlights the importance of holding the government accountable and ensuring that traffic stops are supported by proper legal justification. When those standards are not met, it is critical that the courts enforce them to protect the rights of everyone in the community.”

Why Driving Defense Law Makes a Difference in DUI Cases

Being charged with Driving While Intoxicated (DWI) in Virginia carries serious legal and personal consequences. A conviction may result in jail time, substantial fines, license suspension, and a permanent criminal record that can follow you for years. The impact often extends well beyond the courtroom, affecting employment opportunities, family life, and long-term personal and professional prospects.

The entire Driving Defense Law team, including attorney Steven Thomas, approaches every DWI case with a consistent and thorough strategy: carefully examine the evidence, challenge any weaknesses in the prosecution’s case, and advocate aggressively for the best possible outcome. As a specialized team focusing exclusively on traffic and DWI cases, we do not rely on assumptions or shortcuts. Every case is carefully evaluated to determine whether the traffic stop was lawful, whether the investigation followed proper procedures, and whether the evidence truly supports the charges.

If you have been charged with DWI, reckless driving, or other serious traffic offense in Hampton Roads, it is important to speak with an experienced attorney as soon as possible. Driving Defense Law represents clients in Norfolk, Virginia Beach, Chesapeake, Hampton, and surrounding courts in Hampton Roads. Schedule a free consultation with a team member today using the link below or give a call to 757-929-0335.

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.

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

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

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

  • Reckless Driving 91/60- REDUCED to Improper Driving
  • Reckless Driving 93/60- REDUCED to Improper Driving
  • Reckless Driving 87/60- REDUCED to Speeding
  • Reckless Driving 56/30- DISMISSED
  • Reckless Driving 73/30- REDUCED to Improper Driving
  • Aggressive Driving, Reckless Driving and Failure to Appear (FTA)- ALL DISMISSED
  • Reckless Driving (Accident)- DISMISSED
  • Driving on a Suspended License (Misdemeanor)- REDUCED to Failure to Carry License (Infraction)
  • Reckless Driving 88/60- RECUDED to Speeding
  • Improper Lane Change- DISMISSED
  • Driving without License and Driving too Fast for Road Conditions (Reckless Driving)- BOTH DISMISSED
  • Reckless Driving 66/45- REDUCED to Defective Equipment
  • Reckless Driving 62/35- REDUCED to Defective Equipment
  • Speeding 54/35- DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “I had the [pleasure] of being assisted by Kari Ann and Emma. I immediately felt the overwhelming care and attention that they delivered and gave me peace of mind. Would definitely recommend them to my friends and family! Thank you!”- Diego, 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 Alex Rich, the newest member of our Driving Defense Law team, successfully resolved the following cases this month:

  • Reckless Driving 89/60- REDUCED to Speeding
  • Operating an Uninsured Vehicle (misdemeanor) and Failure to Display Plates- BOTH DISMISSED
  • Reckless Driving General- REDUCED to Failure to Obey Highway Sign

“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

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

  • Reckless Driving 70/35- REDUCED to Improper Driving
  • Reckless Driving 74/30 and Failure to Appear (FTA)- REDUCED to Speeding and FTA DISMISSED
  • Reckless Driving 89/60 (CDL Holder)- REDUCED to Speeding
  • Driving While Intoxicated (DWI) and Possession of Schedule I/II Drugs (2 felony counts)- NO JAIL on DWI and posession charges taken UNDER ADVISEMENT
  • Speeding 51/35- REDUCED to Defective Equipment
  • Reckless Driving 55/35- DISMISSED
  • Driving with a Suspended License, Operating Uninsured Vehicle, Fictious Tags, and Fraudulent Inspection Sticker-ALL DISMISSED
  • Driving While Intoxicated (DWI) with a BAC > .20% and Car Accident- AMENDED to DWI with a BAC .15-.20%, only 5 days served

Here are recent reviews from Steven’s clients:

  • “Mr. Thomas did an excellent job and knew what he was talking about. Highly recommend 10/10. Got my aggressive driving ticket dismissed which if you need anything please come here!! Thank you!”- Nic, Google Review
  • Mr. Thomas was amazing! He was thorough and honest about my case when speaking with me regarding what could happen, and what mattered to the judge. He showed how much he cared about me and my stepmom following the judge’s decision, as the opposing party became upset following the dismissal of my charges. He waited until the individuals had left before allowing us to leave and truly appreciated to see how much he cared. I would absolutely recommend Steven Thomas to anyone looking for a diligent, honest, caring attorney for help with their case!”-Jessica, Google Review
  • “Fantastic experience! Worth every penny. Mr. Thomas was incredibly kind and made sure to put my best interests first. 10 outta 10 and I highly recommend.” –Stephanie, Google Review

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.

Will a Speed Camera Ticket Go on My Driving Record?

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

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.

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

Written by Emma.S on . Posted in Uncategorized.

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

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

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

Written by Emma.S on . Posted in Courthouse Information.

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?

Written by Emma.S on . Posted in Breath and Blood Tests, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Federal DUI, Felony DUI, Repeat DUI, Underage DUI.

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.

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

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

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!

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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.

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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).

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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?

Written by Emma.S on . Posted in DUI, DUI for CDL Drivers, DUI for Military Members, Federal DUI, Felony 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.