Skip to main content

Author: Emma.S

Why a DUI Lawyer Matters in Virginia

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

Hiring a DUI attorney in Virginia can make a critical difference in your case, helping to protect your rights and improve your chances of a favorable outcome. If you’ve been charged with a DUI in Virginia, you could be facing serious consequences such as hefty fines, license suspension, increased insurance rates, and even jail time. Here are a few reasons why skilled legal representation essential from the start.

A DUI Attorney Understands Virginia DUI Laws

Virginia’s DUI laws are strict, and penalties can vary based on your blood alcohol content (BAC), prior offenses, and whether there were aggravating factors like speeding or an accident. An experienced Virginia DUI lawyer understands the nuances of these laws and can use them to your advantage.

Your Attorney Will Review the Traffic Stop and Arrest

Not all traffic stops are legal. If the police lacked reasonable suspicion or probable cause, the stop or arrest may have been unlawful. An attorney will review discovery, such as body cam footage, and police reports to identify violations of your rights.

Your Attorney Can Challenge the Accuracy of Breath or Blood Tests

Breathalyzers and blood tests must be administered correctly and calibrated regularly. Your lawyer can challenge test results if:

  • The device was not properly maintained
  • The officer lacked certification
  • Chain of custody was broken during blood sample collection

If it is found that any results are inaccurate due to improper processes, an attorney can fight to get your charges reduced or dismissed.

A DUI conviction can impact your job, increase your insurance rates, and limit future opportunities. The experienced DUI attorneys at Driving Defense Law understand what is at stake and are committed to protecting your rights, guiding you through every step of the legal process, and fighting for the best possible outcome in your case. Call us today at 757-929-0335 or schedule your free consultation online.

How Quickly Can You Get Bond on a DUI Case in Virginia?

Written by Emma.S on . Posted in DUI.

If you’re arrested for a DUI in Virginia, one of the first questions you may ask is: “How fast can I get out?”

Generally, in most first-time DUI cases, individuals are released on some form of bond after spending time in a holding cell to lower their blood alcohol content (BAC). Typically, release occurs once law enforcement determines the individual no longer poses a risk to themselves or others.

However, certain extenuating circumstances can lead a magistrate to hold you without bond, even on a first offense. These situations are rare, but they can happen if:

  • There are additional charges (like hit & run, eluding police, or assault on an officer).
  • Your BAC is extremely high.
  • You have a lengthy criminal history or prior failures to appear in court.

Second or Subsequent DUI Offenses: More Complicated

If this isn’t your first DUI, the situation gets more serious. Second or third offenses, especially if they occur close together in time, dramatically increase the chances of being held without bond. If other factors like prior probation violations or related felony charges are introduced, it becomes far more likely you will remain in jail until a judge decides otherwise.

How Fast Can You Get a Bond Hearing?

This is where local rules really matter. For example, in Norfolk General District Court, where our attorneys handle bond hearings routinely, the court requires 48 hours’ notice to the Commonwealth’s Attorney for any bond hearing. That means:

  • Your attorney has to file the request.
  • The prosecutor has to be notified.
  • The court has to have an available date and time slot.

Since multiple parties have to be appropriately notified, it can take a few days to coordinate a bond hearing.

Why the Right Attorney Makes All the Difference

At Driving Defense Law, we handle DUI-related bond hearings across Hampton Roads on a routine basis. We know how each court handles bond requests, who to contact, and how to move the process forward as quickly as possible. If you or someone you know is being held after a DUI arrest, call our team immediately. We’ll fight to secure the fastest possible release and start building your defense from day one.

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

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

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

  • Reckless Driving 96/70- DISMISSED
  • Reckless Driving 86/55- REDUCED to Defective Equipment
  • Reckless Driving (Too Fast for Highway Conditions)- DISMISSED
  • Speeding 54/35- REDUCED to Failure to Obey Highway Sign
  • Reckless Driving 96/60- REDUCED to Improper Driving
  • Reckless Driving 118/55- DISMISSED
  • Reckless Driving (20+)- REDUCED to Improper Driving
  • Reckless Driving 86/55- REDUCED to Improper Driving
  • Reckless Driving 76/55- DISMISSED
  • Reckless Driving (Faile to Move Over for Emergency Vehicle)- REDUCED to Improper Driving
  • Reckless Driving 105/55- DISMISSED
  • Speeding 78/55, Fail to Obtain Registration, Safety Belt Violation- ALL DISMISSED
  • Reckless Driving 93/60- REDUCED to Speeding
  • Reckless Driving 105/55- NO JAIL TIME
  • Reckless Driving 80/55- REDUCED to Speeding
  • No Driver’s License and Failure to Appear- ALL DISMISSED
  • Improper/Unsafe Lane Change- DISMISSED
  • Reckless Driving 110/55- NOT GUILTY
  • Reckless Driving 63/35- REDUCED to Speeding

Here are recent reviews from Kari Ann’s clients:

  • “My experience working with Kari Ann was incredible. I went in for Reckless driving 96/60 and walked out with improper driving and no points on my license. As it was my first time in a courtroom she was very helpful and patient with me and made the experience very smooth!” – Nicholas, 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
  • “I was charged with 2 reckless driving tickets, and I acquired the service of Kari Ann Hedwall. She was very helpful in all aspects from answering my questions to showing what I needed to do to help my case. When it came down to my court date. She had gotta one of reckless driving dropped and the other one reduced to an improper driving. Which was only a 50 dollar fine. In conclusion if you get in trouble in Virginia call Kari Ann Hedwall.” – Malakai, Google Review

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

  • DWI (BAC .15-.20)- REDUCED to Reckless Driving and NO JAIL TIME
  • Speeding 70/55- DISMISSED
  • Speeding 74/55- DISMISSED
  • Reckless Driving 83/55- REDUCED to Speeding
  • Felony Eluding- REDUCED to Misdemeanor Eluding with NO JAIL TIME
  • Disregard Crossing Guard (Commercial Driver’s License)- DISMISSED
  • Following Too Closely (Accident)- DISMISSED
  • No Driver’s License and Reckless Driving (General)- DISMISSED
  • Reckless Driving 60/35- REDUCED to Speeding
  • Reckless Driving 91/55- 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. 

New Virginia Law Updates Ignition Interlock Rules for DUI Offenders

Written by Emma.S on . Posted in DUI, Legal Updates.

If you’ve been charged with a DUI in Virginia, a recent change to VA Code § 18.2-271.1 could significantly affect how long you’re required to use an ignition interlock device, and how quickly you can get back on the road. As of July 1, 2025, the law has been updated to benefit both first-time and second-time DUI offenders.

What Has Changed?

Pre-Trial Interlock Time Now Counts

If you voluntarily choose to install ignition interlock before your trial, that time can now count toward the 12-month interlock requirement if you’re later convicted. Before this new change, a pre-trial interlock didn’t earn you any credit. Now, early action can shorten the length of time you’re required to keep the device after conviction.

12 Months of Ignition Interlock Now Required for All Convictions

Whether it’s your first or second DUI offense, you are now faced with a full 12 months of ignition interlock if you want to get a restricted license.

However, if your BAC was not elevated (below 0.15) and there are no aggravating factors, such as a breath or blood test refusal, minors in the vehicle, an accident, you’re still eligible for a restricted license with no driving limitations other than the interlock.

Why Do These Changes Matter?

These changes offer more predictability and flexibility, especially for those willing to act early. Installing an ignition interlock before trial can now work in your favor, and even after a conviction, you may still be able to drive normally (with interlock) without unnecessary complications.

At Driving Defense Law, our experienced attorneys, closely monitor legislative updates to ensure our clients receive the full benefit of what the law permits. If you or someone you know is facing a DUI charge, call us at757-929-0335. today. We will explain your options, protect your rights, and help you move forward with confidence.

New Law Limits Appeal Bond Conditions After District Court Convictions in Virginia

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

As of July 1, 2025, an important change to Virginia Code § 16.1-135 limits a judge’s ability to impose stricter bond conditions on someone who appeals their conviction from district court to circuit court. Previously, even if you had been released pretrial on a simple summons or an unsecured bond, a judge could impose a new, more restrictive bond when you chose to appeal. That is no longer allowed.

Here’s what you need to know about this update.

What is the Law Now?

Under the updated statute, an individual who has been convicted in district court and appeals the conviction must be given credit for any bond already posted, and most importantly, the judge cannot require a new bond for release pending appeal.

So even after a conviction and sentencing, if you appeal, you remain on the original bond terms set by the magistrate or officer, not the new terms set by the trial judge, regardless of the facts revealed at trial.

Why Does This Matter?

This new law safeguards individuals from facing unexpectedly harsher bond conditions following a conviction.

For example, consider a scenario where you are charged with reckless driving for traveling 100/55. When the summons was issued, the officer allowed you to leave without being arrested and without requiring a secured bond.

Before this new law, if you proceeded to trial and were found guilty, the judge could impose typical reckless driving consequences, as well as a different bond for your appeal. An appeal bond would be conditions of your continued release from custody until your appeal trial date. Meaning, the judge could set your appeal bond at $2,500 secured, with conditions that you are not able to drive or leave the state of Virginia. In this case, you would have to post 10% of the $2,500 bond, and abide by the other conditions (no driving, stay in Virginia). If you could not meet all of the outlined conditions, you would then be in violation of your bond and would be taken into custody.

Under the amended § 16.1-135, that scenario will no longer occur. If you were released before your district court date and then appeal your conviction, you will remain out of custody without additional resections.

Does This Apply to Traffic Offenses Too?

Yes. The statute uses broad, inclusive language and says, “a person who has been convicted of an offense in a district court.”. That means it applies to DUI, reckless driving, suspended license, and other serious traffic offenses, just like it does for all other misdemeanors.

What About the Paperwork?

Once you note your appeal and the 10-day window under § 16.1-133 has passed, the district court is required to promptly transfer the case file to circuit court. That ensures your appeal proceeds without unnecessary delay.

If you’re considering an appeal, understanding this new law can help you navigate the process with greater confidence. Remember, the law now safeguards your right to maintain the same bond conditions during your appeal, preventing unexpected setbacks. At Driving Defense Law, we’re here to guide clients through every stage of the traffic and criminal defense process, from the initial charge all the way through appeal. If you have been convicted in district court and are thinking about appealing, call us at 757-929-0335 to get started with an aggressive defense.

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

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

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

  • Speeding 51/35- DISMISSED
  • Reckless Driving 75/45- REDUCED to Simple Speeding
  • Reckless Driving 90/55- REDUCED to Improper Driving
  • Reckless Driving 108/55- NO JAIL TIME OR LICENSE SUSPENSION
  • Reckless Driving (General)- DISMISSED
  • Reckless Driving (General)- REDUCED to Improper Driving
  • Reckless Driving 85/55- REDUCED to Improper Driving
  • Reckless Driving 78/55- REDUCED to Improper Driving
  • Reckless Driving 45/55- REDUCED to Simple Speeding
  • Speeding 52/35- REDUCED to Defective Equipment
  • Speeding 50/35- DISMISSED
  • Reckless Driving 76/45- REDUCED to Improper Driving
  • Speeding 43/25- DISMISSED
  • Speeding 72/45- REDUCED to Failure to Obey Highway Sign
  • Speeding 73/55- DISMISSED
  • Following Too Closely- DISMISSED
  • Reckless Driving 82/55- REDUCED to Improper Driving
  • Reckless Driving 96/70- DISMISSED

Here are recent reviews from Kari Ann’s clients:

  • “I am very pleased with the professionalism and honesty of my lawyer Kari Ann and the firm.I definitely appreciate DeVeeta for assisting me when I had questions. God was definitely with me that day.” – D. Fos, Google Review
  • “Attorney Kari Ann Hedwall was the best! She was so supportive and helpful throughout the entire process and got my reckless speeding down to an improper driving charge. Couldn’t recommend her enough!” – Audrey, Google Review
  • “I was charged with 2 reckless driving tickets, and I acquired the service of Kari Ann Hedwall. She was very helpful in all aspects from answering my questions to showing what I needed to do to help my case. When it came down to my court date. She had gotta one of reckless driving dropped and the other one reduced to an improper driving. Which was only a 50 dollar fine. In conclusion if you get in trouble in Virginia call Kari Ann Hedwall.” – Malakai, Google Review

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

  • DWI (Drugs)- REDUCED to Reckless Driving and NO JAIL TIME
  • Reckless Driving 81/55- REDUCED to Defective Equipment
  • Reckless Driving 87/55- RECUDED to Improper Driving
  • Reckless Driving 100/65- NOT GUILTY
  • Reckless Driving 90/55- RECUDED to Improper Driving
  • Reckless Driving (Pass School Bus)- RECUDED to Improper Driving
  • Reckless Driving 103/55- NO JAIL TIME OR LICENSE SUSPENSION
  • Reckless Driving 94/55- REDUCED to Simple Speeding
  • Reckless Driving 84/55- REDUCED to Simple Speeding
  • Reckless Driving 50/30- DISMISSED
  • Reckless Driving 52/30- DISMISSED
  • Speeding 72/60- DISMISSED
  • Reckless Driving 86/60- REDUCED to Simple Speeding
  • Improper/Unsafe Lane Change-DISMISSED
  • Reckless Driving 54/30- REDUCED to Simple Speeding
  • Reckless Driving 95/55- DISMISSED
  • Driving without a License- DISMISSED
  • Reckless Driving 80/55- REDUCED to Simple Speeding
  • Reckless Driving 82/55- REDUCED to Simple Speeding
  • Reckless Driving 86/65- DISMISSED

Here are recent reviews from Steven’s clients:

  • “Great experience! My attorney and staff always kept me informed during my traffic matter. All were friendly and helpful. Would definitely recommend.” – W. Walsh, Google Review
  • “I don’t think there are enough words to describe how amazing Steven Thomas is! I was facing a reckless driving 94/55 in VA Beach… I know I know, I should’ve known better and did better! I was so afraid and didn’t even think I needed an attorney. I was told because of my speed and the penalty it carried to seek counsel. Driving Defense Law reviews won me over at first glance. Though I started with another attorney in the firm the transition to Steven was seamless. Steven was very upfront with about the process, very knowledgeable, empathetic, and most of all he prayed with me before ending our call. Steven cares and he goes above and beyond! Thank God I got through this process and with amazing results. I recommend Steven most definitely to anyone facing any traffic matters! Oh and shout out to DaVeeta as well she is amazing and communicates well. Thank you once again!” –Melissa, 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. 

3 Common DUI Defenses

Written by Emma.S on . Posted in DUI.

If you’ve been charged with a DUI in Virginia, it’s normal to feel overwhelmed. The potential consequences can be serious, and the legal process may feel confusing or intimidating. However, it’s important to remember that being charged is not the same as being convicted. There are many ways to challenge a DUI charge and having an understanding of these defenses will help you make informed decisions about your case.

Here are 3 common DUI defenses: 

1. Invalid Traffic Stop 

A law enforcement officer must have reasonable suspicion that a traffic violation or other criminal activity has occurred before conducting a traffic stop. This means they must witness something specific, like speeding, running a red light or swerving to justify the stop. If an officer stops a driver without a valid reason, the stop may be considered unconstitutional. 

When a stop is considered unconstitutional, any DUI evidence collected after the traffic stop can be suppressed, meaning that it cannot be used in court.   

2. No Probable Cause 

Even after a valid traffic stop, an officer must have probable cause to arrest someone for DUI. This means the officer must have evidence to indicate that the driver was impaired. Probable cause can be supported by things like slurred speech, the smell of alcohol, open containers and/or failed field sobriety tests. 

If a DUI arrest was made without probable cause, any evidence obtained after the investigation or arrest can be suppressed in court, helping to dismiss or reduce the charges. 

4. Issues with Breath or Blood Tests 

Chemical tests must follow strict procedures to be valid. If the breathalyzer wasn’t properly calibrated, if the officer wasn’t certified to use it, or if the blood sample was mishandled, the results may be inaccurate. 

By challenging the accuracy or reliability of chemical test results, a skilled DUI defense attorney may be able to weaken the prosecution’s case, potentially leading to a dismissal or reduction of the charges. 

Every DUI case is different, and defending against a conviction requires experience, strategy, and up-to-date legal knowledge. At Driving Defense Law, our attorneys combine advanced DUI training with a deep understanding of Virginia law to build the strongest possible defense. Call us today at 757-929-0335 or schedule a consultation here and begin planning your defense to save your future.  

What to Do If You’re Arrested for a DUI This 4th of July

Written by Emma.S on . Posted in DUI.

Being arrested for and charged with a DUI can be an overwhelming and stressful experience, especially during a holiday weekend. If you’re drinking this 4th of July, it’s important to plan ahead. Make sure you have a designated driver, use a rideshare service, or arrange to stay somewhere sale.

However, if you are charged with a DUI in Virginia during the 4th of Julye weekend, it is important to protect your rights and act quickly to build a strong defense. Here are some important things to remember:

1. Stay Calm and Compliant

If you’re pulled over by law enforcement on suspicion of driving under the influence, remember to remain calm. Do not argue or resist arrest. Be polite and comply when asked for your driver’s license and/or things like registration and proof of insurance. When asked questions that would lead to you admitting guilt, politely decline to answer as way to protect your constitutional right.

2. Know Your Rights

You are not required to answer any questions related to where you have been, if you have been drinking, or how much you have had to drink. In Virginia, you are also not required to perform field sobriety tests or take a preliminary breath test at the scene of the arrest. Both of those roadside tests are voluntary.

However, under Virginia’s Implied Consent Law (§ 18.2-268.2), you are required to submit a breath and/or blood test at the police station after you are arrested for DUI. Refusing to submit a breathalyzer or blood test could result in a civil offense under Virginia Code § 18.2-268.3. If you have already been charged with a civil refusal before, or have a prior DUI, the subsequent charge is elevated to a Class 1 Misdemeanor.

3. Document Everything

Try to recall and document everything related to your traffic stop and arrest. Some details might include where you were stopped, what time you were stopped or what questions you answered. These details may seem minor, but they will be important to share with an attorney.

4. Contact an Attorney Immediately

After you are charged with a DUI, consider contacting a Driving Defense Law attorney as soon as possible. One of our experienced attorneys can guide you through the complex legal process, protect your rights at every stage, and work to achieve the best possible outcome for your case. The sooner we get involved, the more opportunities we have to challenge the evidence, negotiate with prosecutors, and build a strong defense on your behalf.

Charged With a DUI Over the Holiday Weekend? We’re Here to Help.

Don’t wait to get the legal support you need. At Driving Defense Law, we know how to navigate DUI cases and fight for you. Our team is ready to step in, protect your rights, and guide you every step of the way.

Call us 24/7 at 757-929-0335 for a free consultation or schedule online here.

4th of July Events in Hampton Roads

Written by Emma.S on . Posted in Hampton Roads Community.

Are you looking for ways to celebrate 4th of July around Hampton Roads? From fireworks over the water to parades and more our community has so much to offer this week.

Here are a few events to check out:

Norfolk:

Great American Picnic & Fireworks – Town Pointe Park

Friday, July 4th 5:00 pm-10:00 pm, Fireworks at 9:30 pm

Virginia Beach:

Stars and Stripes Celebration – Ocean Front

Friday, July 4th at the following locations:

17th Street Park- 7:30 pm-10:30pm

24th Street Park- 7:30 pm-9:30pm, Fireworks at 9:30 pm

31st Street Park- 7:00 pm-10:30 pm

Chesapeake:

South of Norfolk 4th of July Parade & Picnic– Lakeside Park

Friday, July 4th, Parade at 10 am, Picnic after the parade until 3 pm

Celebrate Freedom– Chesapeake City Park

Thursday, July 3rd, 4:00 pm-10:00 pm, Fireworks at 9:30 pm

Portsmouth:

Shaggin’ 4th of July Celebration– 1 High Street

Friday, July 4th 5:00 pm-8:00 pm, Firework at 9:30 pm

Suffolk:

Stars and Stripes Spectacular– Constant’s Wharf Park & Marina

Friday, July 4th 6:00 pm, Fireworks at 9:00 pm

Hampton:

Fourth at the Fort– Fort Monroe

Friday, July 4th 8:30 am-9:30 pm, Fireworks and drone show at 9:15 pm

Newport News:

Stars in the Sky– Victory Landing Park

Friday, July 4th 6:00 pm-9:15 pm, Fireworks at 9:00 pm

Every year, 4th of July brings a spike in DUI and reckless driving charges. While you are out, be sure to drive smart and celebrate responsibly. If you’re charged with DUI, reckless driving, or any other traffic-related offense this holiday week, our attorneys are here to help. We’ve handled hundreds of cases like yours—and we’re ready to fight for the best possible outcome. Don’t wait. Schedule a consultation now.

Appealing Your Traffic Ticket in Virginia

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

Can I appeal my traffic ticket?

If you are convicted of reckless driving, driving under the influence (DUI), or any other traffic charge in General District Court (GDC), you automatically have the right to appeal the conviction to Circuit Court. Regardless of whether you missed your hearing and were tried in absentia, attended with an attorney, or appeared without an attorney, you still have the right to appeal. However, please note that this right does NOT attach to plea agreements.

How long do I have to appeal a traffic case? 

You must file a notice of appeal with the GDC Clerk’s office within 10 calendar days of your conviction in GDC. If you do not appeal within that 10-day window, the Circuit Court will not accept your appeal.  

Can I file an appeal without an attorney? 

Yes, you can file an appeal on your own. However, you should consider consulting with an experienced traffic attorney before doing so.  

Your case in the Circuit Court will be a ‘trial de novo.’ This means your case will be heard in front of a new judge who will consider the hearing brand new, as if the GDC trial had not occurred. There is no guarantee that the Circuit Court judge will impose a better outcome than the one imposed in GDC. In fact, it is possible that the Circuit Court judge could impose a harsher outcome. That is why it is critical to have the right legal strategy – and the right team. 

The experienced attorneys at Driving Defense Law can help you weigh the risks, build a stronger defense, and negotiate a better outcome — making sure your appeal is not only a second chance, but a smarter one as well.  

Contact Driving Defense Law to Discuss your Appeal!  

To learn more about appealing your case, schedule a consultation with one of our team members today. You can schedule a consultation here or you can call/text us at 757-929-0335.