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Traffic signage prohibiting left turns at a busy intersection; palm trees in the background.

Can You Fight An Improper Turn Ticket?

Written by john on . Posted in Miscellaneous Traffic Offenses, Reckless Driving.

Making abrupt, last-minute turns or turning without using a signal can quickly lead to a traffic ticket. An improper turn ticket may then lead to other negative consequences. Virginia motorists can get a traffic citation for making improper turns, including right and left turns at intersections or U-turns. Receiving a ticket for a traffic violation does not mean you are automatically guilty of the offense. Drivers have the legal right to fight tickets in traffic court, and when you are facing a driver’s license suspension or other negative consequences are at stake, disputing the ticket may sometimes be the best option. Speak with a knowledgeable traffic violation lawyer at Driving Defense Law by calling (757) 929-0335 for help after an improper turn ticket. 

Laws for Right and Left Turns

In the absence of a posted sign indicating otherwise, motorists can make right turns when the light is red. These right-on-red turns are subject to limitations: Drivers must first come to a complete stop at the light, and they must also give the right-of-way to other drivers and pedestrians. Once they stop and confirm the turn is safe, they may proceed with caution. 

According to the Code of Virginia § 46.2-825, motorists making left turns must yield the right-of-way to oncoming traffic and remain stopped until it is safe to turn in front of drivers traveling from the opposite direction. Drivers in a designated left turning lane have the right-of-way after receiving the green left turn arrow. However, those with a round green light must yield to oncoming traffic even if waiting in a left-turning lane. Regardless of traffic signals, all drivers must yield to other cars, pedestrians, or bicycle riders already in the intersection.

How Traffic Tickets Work in Virginia

Traffic tickets are prepayable in Virginia. Unless people want to fight them, appearing in court is usually unnecessary. However, motorists should be aware that prepaying a traffic ticket is an admission of guilt, and they could receive points on their driving records for moving offenses. Negative driving points on the motorist’s record can often lead to insurance premium increases and other problems, such as a suspended driver’s license. The Virginia Department of Motor Vehicles DMV does suspend drivers’ licenses when motorists receive too many negative points in a short period of time.

Virginia Driver’s License Point System

A traffic citation for improper turns, including an illegal U-turn, is a three-point offense. A motorist who receives 18 points, also called demerit points, within one year will receive a license suspension for 90 days. Those who receive 24 points in two years will also receive a 90-day suspension. The DMV may require drivers to take driver improvement courses for license reinstatement or serve a probation sentence. 

What Is the Cost of an Improper Turn Ticket?

There is a standard monetary penalty schedule for traffic violations. However, the driver’s actions, as well as court costs and processing fees, can increase the fine. Unfortunately, what seems to be a simple improper turn citation can add up and be quite expensive. The fine for an illegal turn could range from $50 to $300. The amount will depend on the violation circumstances, severity, and the jurisdiction where the motorist received the ticket. 

How To Fight a Ticket for an Improper Turn

A ticket for failing to use a turn signal while turning can have harsh penalties if the officer charges the driver with reckless driving. According to the Virginia Driver’s Manual, motorists must signal a minimum of 100 feet, or approximately three to four seconds, before the turn. 

After receiving a traffic ticket for failing to adhere to posted signs prohibiting turns, such as no U-turn or “no right on red,” a sound defense strategy may be asserting the traffic sign was covered, old, and hard to read. This strategy is heavily dependent on the circumstances of the ticket, including the location and the driving conditions prevailing at the time the ticket was issued. A qualified attorney at Driving Defense Law could review the case and help determine the best strategy to fight the improper turn ticket in your unique situation.

Improper Left Turns

The ticket for an improper left turn is often the result of a car crash and consequent police officer accident investigation and report. One potential defense is that the oncoming vehicle was speeding or made other hazardous maneuvers. 

Improper Right Turns

Many traffic violations for illegal right turns are related to a police officer’s determination that the driver’s maneuver was unreasonably hazardous. Therefore, defense strategies to fight the ticket often involve explaining the reason for the driver’s actions. Some examples of defenses against an improper right turn include:  

  • The driver was leaving plenty of space and avoiding cars parked along the road on a curb 
  • Leaving room for pedestrians who were present 
  • Avoiding roadwork and construction

Practical Strategies To Fight Traffic Tickets

A traffic citation is an accusation of violating traffic rules and regulations. The state cannot find people guilty or penalize them without a conviction. While paying for minor tickets in advance may look like a time-saving option, for more serious moving violations, going to court and fighting the ticket with an effective defense strategy may be in the driver’s best interest. Some potential options to fight traffic citations of all types include: 

  • Challenging the ticketing police officer’s subjective opinion or observation that the turn was unsafe or unlawful 
  • Presenting evidence that the improper turn was an error, or “mistake in fact,” and the driver did not realize they were making an unlawful maneuver  
  • Disputing the police officer’s evidence by presenting clear and well-planned evidence, such as eye-witness statements, graphs or charts, or pictures 
  • Evidence to justify the driver’s actions or prove they made the improper turn to avoid sustaining damages or causing harm to others in the immediate area 

Finally, a necessity defense strategy, such as asserting an emergency outside of the motorist’s hands, could justify a traffic violation. Approaching emergency vehicles, reckless or intoxicated drivers, or other situations that elevate the risk of a severe accident and harm could all establish the need for a driver’s deviation from normal traffic procedures.

Contact an Experienced Traffic Law Attorney Today

Fighting an improper turn ticket and winning is possible, and every licensed driver has the legal right to defend themselves in Virginia. You have the right to oppose the violation in traffic court, and if you have too many demerit points on your driving record, drive for a living, or disagree with the police officer, contesting a ticket may in some cases be your best path forward. Call a seasoned traffic violation lawyer at Driving Defense Law after an improper turn ticket at (757) 929-0335 to review your options. 

Smiling young woman in military fatigues typing on smartphone in front of laptop computer.

Online Traffic School Options For Military Personnel: Pros and Cons

Written by john on . Posted in Uncategorized.

Every member of the military goes through intense training, beginning with basic training and continuing through their career up the ranks. However, all of that training does not make military personnel immune from traffic violations. As with the civilian population, a judge hearing the traffic case in the Virginia Judicial System could order military personnel to attend driving school as part of a plea bargain arrangement for their traffic violation. That school acts as a refresher course on the rules of the road. Attending a traditional in-person traffic school might not be feasible when military personnel receive a traffic ticket. In these instances, online traffic school may become a viable option to fulfill the court order. Traffic school may be assigned for infractions ranging from a relatively minor speeding ticket to a third-offense felony DUI. No matter the citation or charges, resolving the matter as quickly as possible is vital. In Virginia, members of any branch of the United States military can begin that resolution process with a call to the traffic defense attorneys with Driving Defense Law at (757) 929-0335.

Pros of Online Traffic School for Military Personnel

Understanding pros and cons of online traffic school options can help military personnel make an informed decision about accessing this option to resolve their traffic violation issues. Driving Defense Law may be able to guide military service members toward an online traffic school that aligns with the unique needs and concerns of individuals in military service. Here are the pros to consider for online traffic school.

Flexibility and Convenience

One of the primary advantages of online traffic school options for military personnel is their flexibility and convenience. Military personnel operate under the weight of unpredictable schedules. As the United States Citizenship and Immigration Services points out, a reassignment to a new base, or deployment overseas, can make it challenging to commit to in-person classes.

An online traffic school allows individuals to complete their coursework at their own pace and on their own schedule. This flexibility allows military personnel to fit traffic school into their busy lives.

Accessibility From Any Location

Online traffic schools are accessible from anywhere with an internet connection. This convenience makes them an ideal option for military personnel who may be stationed in various locations in the U.S. and abroad.

Whether stationed at home or deployed overseas, individuals can access the necessary coursework and complete their requirements without the need for physical attendance at a specific location. Remember, a traffic violation does not recognize borders.

Cost-Efficient

Online traffic school options are often more cost-efficient than traditional in-person classes. Military personnel, especially in the lower ranks, may have limited budgets, and online courses typically have lower tuition fees. Some may also offer military discounts. Additionally, no travel expenses are associated with attending an online traffic school. The absence of commuting expenses can be a significant cost-saving factor for military personnel.

Self-Paced Learning

Many online traffic schools provide self-paced learning, allowing military personnel to progress through the material at their own speed. That self-directed approach can be beneficial for individuals who want to focus on areas where they need more assistance, or breeze through sections they find familiar. This flexibility also caters to different learning styles and helps to ensure that military personnel are able to get the most out of their traffic school experience.

Cons of Online Traffic School for Military Personnel

Although there are many advantages to online traffic school for military personnel, there are some disadvantages to consider as well. Considering the possible drawbacks of online traffic school, in conjunction with its potential benefits, can help an individual in military service to make the decision that best suits their needs.

Lack of In-Person Interaction

Online traffic school means the student will work independently in their chosen environment. The individual will not have the opportunity for in-person interaction with instructors or fellow students.

In a traditional in-person class, there will be time dedicated to discussions, questions, and clarifications. Those discussions might be challenging to have in an online traffic school situation. Some military personnel may benefit from in-person classes’ structure and social reinforcements.

Limited Hands-On Experience

Certain traffic schools, especially those for specialized driving programs, may require hands-on training or practical exercises that cannot easily be replicated online. Military personnel seeking practical skills enhancement, such as defensive driving maneuvers, may find that online courses fall short in providing hands-on experience.

Potential for Distractions

Studying online can sometimes lead to distractions, especially if military personnel complete coursework from home or other non-academic environments. The presence of family members, household chores, or other distractions can hinder the learning process. Maintaining focus and discipline may be more challenging when the physical surroundings do not match the needs of the online learning environment.

Internet Connectivity Issues

Online traffic school options rely heavily on a stable internet connection. Military personnel may encounter difficulties accessing online courses in areas with poor connectivity or during deployments in remote locations. These connectivity issues can lead to frustrations and delays in completing the required coursework.

Varying Quality of Online Schools

Not all online traffic schools are the same. The quality of instruction, course materials, and certification may vary among different providers. Military personnel must research and select a reputable online traffic school to ensure they receive a valuable educational experience and a valid completion certificate.

Find the Right Online Traffic School for Military Personnel

Online traffic school options can be a convenient and cost-effective solution for military personnel facing traffic violations. These courses offer flexibility, accessibility, and self-paced learning. That could be ideal for many members of the military who find themselves in this situation. However, there are disadvantages to online traffic school, such as the lack of in-person interaction with the instructor, limited hands-on experience, potential distractions, and possible internet connectivity issues. Enrolling in an online traffic school should be based on individual circumstances and preferences. A traffic defense attorney with Driving Defense Law may be able to provide guidance to help find the best option for a quick resolution of traffic citation or traffic-related criminal charges. Call (757) 929-0335 today to set up a consultation. 

Military serviceman in fatigues, sitting on a sofa with hands clasped.

DUI In The Military: Consequences and Legal Implications

Written by john on . Posted in Uncategorized.

Many military service members are frequently tasked with operating motor vehicles, vessels, and aircraft as part of their duties. When operating these machines, service members of the military must do so responsibly and safely. This requirement necessarily prohibits driving under the influence (DUI) of alcohol or drugs. DUI in the military is punished harshly and can lead to being dishonorably discharged from the military, among other serious, life-altering consequences and implications. If you are facing criminal charges for drunk driving while operating a personal or military vehicle, whether on base or off base, consider contacting Driving Defense Law. These attorneys represent members of the military facing DUI charges and will fight to help servicemembers avoid a conviction or minimize the penalties imposed for a conviction. Call (757) 929-0335 today to schedule a free case evaluation. 

What Happens After a Military DUI? 

All branches of the United States military hold a zero-tolerance policy for drunk driving. Service members of the military are typically held to a stricter standard of conduct than civilians, which is why the consequences of DUI in the military tend to be much more severe compared to DUIs for civilians. A conviction can ruin a person’s career in the military service once and for all. When a military servicemember is caught operating a land vehicle, vessel, or aircraft under the influence, their commanding officer will often suspend their driving privileges while the investigation is pending and until the DUI case is resolved. In extreme cases, the military member’s driving privileges may be revoked entirely. 

The Difference Between DUIs in a Civilian Court vs. Military Courts 

While civilian courts and military courts have many things in common when it comes to handling DUI cases, there are also important differences between these two judicial procedures: 

  • Jurisdiction. Military courts have jurisdiction only over service members of the military who violated the Uniform Code of Military Justice (UCMJ), while civilian courts handle both criminal and civil cases involving civilians. 
  • People present. In a typical DUI case in a civilian court, the people present in the courtroom include a judge, jurors, the prosecution, the defendant, and the defendant’s attorney. Military courts, on the other hand, consist of a military judge and a panel of at least three members of the military who serve as jurors. 
  • Speed of court proceedings. Proceedings in military courts usually run faster than proceedings in civilian courts, primarily because the UCMJ requires a quicker resolution of pending cases against service members of the military. 
  • Verdict. In civilian courts, a guilty verdict in a criminal DUI case must be unanimous to secure a conviction, both at the federal level and, according to the Constitution Annotated, in all state courts since 2020. In military courts, on the other hand, the military defendant can be convicted if at least two-thirds of the members present vote for the conviction under 10 U.S. Code § 852. 
  • Punishment. Generally, a DUI in the military court may be punished more harshly than the same offense would in a civilian court and may involve penalties specific to military service, such as rank reduction, extra duty, and dishonorable discharge. 
  • Appeals process. In DUI cases involving members of the military that are heard in civilian courts, the defendant can file an appeal to a state or federal appellate court. By contrast, military DUI cases can only be appealed to the Court of Appeals for the Armed Forces (CAAF), which handles appeals from all branches of the United States military. In fact, according to the CAAF’s website, the CAAF exercises appellate jurisdiction over service members of the military subject to the UCMJ across the world. 

While crimes, including DUIs, committed by servicemembers on a federal military base are usually handled in the military court, if the arrest took place off base, then it may be tried in civilian court, instead. In some cases, the service member may even be tried in both military and civilian courts. 

The Consequences of DUI in the Military

Convictions for military DUIs tend to carry harsher penalties compared to DUI convictions for civilians. Some of the penalties associated with DUIs by military personnel include but are not limited to:

  • Dishonorable discharge from the military
  • Disciplinary demotion
  • Reduction in rank
  • Payment of deductions
  • Disqualification from future promotions in the military career
  • Fines
  • Reduction in pay
  • Extra duty service
  • Imprisonment
  • Damaged reputation
  • Loss of benefits or disputed entitlement to benefits, such as military pension, after leaving the service 
  • Corrective training
  • General Officer Memorandum of Reprimand (GOMOR)
  • Suspension or revocation of driving privileges
  • Mandatory alcohol abuse treatment program
  • Loss of the security clearance status

The consequences of a DUI in the military can be significant and far-reaching. When your career and your future are on the line, you cannot afford to take a chance. Individuals who find themselves in this circumstance might want to consider hiring an experienced and results-driven defense attorney who will help them work towards the most favorable outcome possible. Driving Defense Law represents members of all military branches who have been accused of DUI, reckless driving, speeding, and other traffic violations on and off military bases. 

Can You Join the Military With a DUI Conviction? 

If you have plans to join the military now or in the foreseeable future but have a DUI conviction, you might wonder how your criminal record can affect your chances of getting into the military. All breaches of the United States military frown upon DUIs. Some of the reasons why a DUI may negatively impact an individual’s potential for career advancement in the military may include:

  • Any criminal conviction makes it harder to obtain a security clearance needed to fulfill military duties
  • A DUI conviction also makes it harder to obtain a driver’s license, said license being often necessary for service members of the military whose duties include operating motor vehicles, vessels, and aircraft
  • DUIs may indicate potential issues with substance abuse

Typically, an application to join the military will face increased scrutiny when the applicant has a DUI conviction on their criminal record. Concealing a prior DUI is not a realistic option, as the background check will most certainly uncover your DUI conviction. In addition to a denied application, this could also lead to criminal prosecution for providing false information on your application. While it may still be possible to join the military with a DUI conviction on your record if you request a waiver for the DUI conviction, waivers are more likely to be approved for individuals who have only one DUI conviction. Military applicants with two or more DUI convictions are much less likely to be able to pursue a waiver option.

Fight for Your Military Career With Driving Defense Law

A DUI conviction can ruin years or decades of hard work and dedication and put a proud career in the military service to an end. Do not let your mistakes derail your life. The traffic and DUI defense attorneys at Driving Defense Law fight to help clients achieve the best outcomes and may be able to help you minimize the punishment of a DUI in the military. Get in touch today by calling at (757) 929-0335 to schedule a free consultation to discuss your case. 

Military serviceman in fatigues tapping a judge’s gavel.

Understanding Armed Forces Traffic Tickets Common Offenses and Consequences

Written by john on . Posted in Uncategorized.

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Receiving a traffic ticket is always frustrating, whether you are a civilian or a service member of the military. However, individuals who serve in any branch of the military may have even more questions, largely due to the fact that they may not be able to find much readily accessible information on armed forces traffic tickets online. What are the possible consequences if a service member commits a traffic violation on duty vs. off duty? What if the infraction happens on a military base? Each of these scenarios should be considered individually, as everyone’s situation is unique. If you have received a traffic ticket as a service member of the military, you may want a trusted ally on your side. The attorneys at Driving Defense Law fiercely advocate for the brave and heroic men and women in every branch of the military. Call (757) 929-0335 to request a free case evaluation and discuss how an experienced Virginia traffic defense attorney may be able to help you. 

Armed Forces Traffic Tickets on Military Bases

If a service member of the military is accused of committing a traffic violation on a military base, there are two kinds of traffic tickets they can get: 

  • United States District Court Violation (DD 1805). This traffic ticket is like a regular ticket an individual may receive anywhere else. DD 1805 tickets are issued by the military police but are enforced by the local government. The consequences are typically the same as those pertaining to a regular traffic ticket. 
  • Armed Forces Traffic Ticket (DD 1408). Armed forces traffic tickets are given to drivers of military vehicles or, less frequently, to drivers of non-military vehicles on active duty. DD 1408 may also be issued to dependents of someone on active duty, government-employed civilians, and government contractors. 

In addition to the regular penalties associated with traffic tickets, tickets issued to military personnel may lead to adverse administrative actions from their chain of command. But does the military know when you get a ticket? That depends on whether the ticket was placed on the military blotter or not. If yes, the service member’s unit will most likely be notified of the ticket. Even if the unit is not notified of the ticket, the service member might need to disclose their infraction when obtaining renewal of a security clearance. 

The Three Types of Traffic Offenses in Virginia

Under Virginia Code § 18.2-8, traffic offenses are broken down into three types: 

  1. Infractions. In most cases, drivers in Virginia who commit traffic violations are ticketed for a traffic infraction. Common examples of infractions include speeding, failing to yield, running a red light, following too closely, and others. Traffic infractions typically result in fines and demerit points against the driver’s license. Drivers are not subject to imprisonment for traffic infractions at this level. While an infraction will appear on the driver’s driving record, it is not a criminal charge and thus does not show up on the criminal record. 
  2. Misdemeanors. When a traffic offense is more serious than an infraction, a driver can face a misdemeanor criminal charge. Unlike infractions, misdemeanors can result in jail time. Examples of misdemeanors among traffic offenses are driving under the influence of a controlled substance (DUI), reckless driving, and driving on a suspended or revoked license. Since a misdemeanor is a criminal charge, it will show up on the driver’s criminal record. 
  3. Felonies. Felony offenses are the most severe type of crime under the Virginia criminal law. The most common examples of a felony traffic violation in Virginia are a third DUI conviction and vehicular homicide. In extreme cases, reckless driving may be elevated to a felony. Drivers convicted of a felony can expect to serve time in a state correctional facility, while misdemeanors result in confinement in a county jail. Typically, felonies appear on the person’s criminal record for the rest of their life with no possibility of an expungement (unless the individual was found innocent or was never convicted). 

Regardless of what type of offense you are facing for allegedly committing a traffic offense, you should take the situation very seriously, especially if you are serving in any branch of the United States military. Armed forces traffic tickets can lead to both criminal and administrative penalties, which means your freedom and your career could both be on the line. The attorneys at Driving Defense Law may be able to explain your options during a free case evaluation and discuss what an individual may be up against in their particular situation. 

Traffic Offenses & Virginia’s Point System 

Virginia uses the point system to track every driver’s traffic tickets and violations on the road. Each type of traffic offense has a set number of demerit points assigned to them. The length of time points remain on the driver’s record from the day of committing the offense depends on the severity of the defense and the number of points assigned. These points can add up quickly and lead to hefty fines and possible suspension of the driver’s license. Even after the points fall off, a violation that resulted in a criminal conviction can stay on the person’s criminal record for the rest of their life. 

According to the Virginia Department of Motor Vehicles, traffic offenses in the state can result in three, four, or six points, depending on the severity of the violation. Some of the examples of these violations are: 

  • Three-point violations. Speeding up to 9 mph over the limit, impeding traffic, improper passing, improper turn, and driving with no license plate
  • Four-point violations. Speeding 10 to 19 mph over the limit, passing when unsafe, following too closely, improper signal, failure to yield the right of way, and aggressive driving
  • Six-point violations. Speeding 20 or more over the limit, reckless driving, driving under the influence of alcohol or drugs, manslaughter, driving on a suspended license, and failure to stop at the scene of a crash

In Virginia, adult drivers who accumulate 12 points within one year or 18 points within two years will face suspension of their driver’s license. However, some violations are so serious that the driver’s license may be suspended or revoked automatically regardless of how many points they have accumulated. Some examples of such violations are DUI and driving without a license. 

Fight Armed Forces Traffic Tickets With Driving Defense Law

The attorneys at Driving Defense Law understand what is on the line when a military service member is accused of a traffic violation. An experienced Virginia traffic defense attorney will know how to fight against armed forces traffic tickets to protect a service member’s career, their freedom, their reputation, and everything they have worked so hard to achieve. Reach out today by calling (757) 929-0335 to book your free case evaluation and discuss your traffic defense needs

Concept image of a military officer in fatigues briefing a room of government officials.

The Impact Of Moving Violations On Military Security Clearance

Written by john on . Posted in Uncategorized.

Have a traffic ticket and need to take driver improvement?

Take a look at our DMV-approved driving course.

Click Here for our Online Driving Defense School
Are you a service member who has received a traffic ticket? Contact us today for a free consult.

For security clearance holders, getting a ticket for a traffic infraction or, worse, being charged with a criminal offense can negatively impact their military security clearance status and employment opportunities. While receiving a traffic ticket for a moving violation may not result in automatic disqualification, it could potentially create obstacles for those currently serving in the military or planning to enlist. If you have recently received a ticket for a traffic violation and are worried about its potential implications on security clearance, you might want to speak with an attorney as soon as possible. The attorneys at Driving Defense Law have experience working with security clearance holders and understand the intricacies of these types of situations. Schedule a free consultation today to review your particular case and explore the potential impact of a traffic violation on your security clearance. Contact the Norfolk, VA office now by calling at (757) 929-0335. 

What Is a Security Clearance? 

A security clearance is a status required for employment in many military occupational specialties and federal service jobs, and may also be required for individuals in private employment if they work for a company that maintains a contract with the federal government and the employee’s role requires them to have access to classified materials. The clearance, which authorizes the holder to view national security information at the level of classification that matches the level of the security clearance, is required for both military and civilian members of the United States armed forces, including the Air Force, Army, Navy, Coast Guard, Space Force, and Marine Corps. Depending on the type of information a person requires to do their job, there are three levels of security clearances:

  1. Confidential
  2. Secret
  3. Top secret

What Is a Security Clearance Background Check?

Obtaining a military security clearance is not automatic. Since 2020, all background investigations for government personnel and contractors seeking security clearances have been conducted by the Department of Defense (DOD), according to the department’s website. Individuals applying for a security clearance must undergo a comprehensive screening process and background check. During the security clearance process, applicants are required to disclose information regarding their citizenship and residence, foreign travel, financial history, education, employment, and many more. Applicants are also asked about their criminal history and infractions with law enforcement, including traffic violations. 

How Do Traffic Violations Affect Security Clearances? 

Traffic violations, especially serious moving violations resulting in criminal charges and especially conviction, can affect an individual’s eligibility to receive or maintain a military security clearance. If a traffic violation occurred in the past, the applicant will most likely be required to disclose information about the existence of any criminal convictions, charges, and infractions with law enforcement in the forms they fill out when applying for a security clearance. 

Past Traffic Infraction and DoD Screening

When reviewing the application, the Department of Defense will determine whether or not the applicant’s convictions and violations disqualify him or her from eligibility for a military security clearance. Each application is reviewed on a case-by-case basis and the outcome of the DOD’s investigation depends on many factors, including the type of the offense, how much time has passed since the offense was committed, the type of clearance sought, and many more. 

In some cases, the applicant’s moving or other traffic violations will have no impact on their ability to obtain a security clearance. However, there may be cases where the violation can have a detrimental effect and prevent the applicant from being granted clearance and access to classified information. People in Virginia are more likely to experience problems when trying to obtain a security clearance after they have certain traffic violations. 

Reckless Driving Security Clearance

Virginia treats reckless driving as not just a traffic infraction, but a criminal offense. Exceeding the speed limit, which happens to be one of the most common moving violations, can lead to reckless driving charges under Virginia Code § 46.2-862. However, the negative impact of traffic infractions and criminal charges resulting from moving violations could be mitigated or avoided with early intervention by an experienced attorney. The attorneys at Driving Defense Law may be able to help you understand how your situation can affect your military security clearance and evaluate your options for mitigating the impacts of a traffic violation on maintaining your clearance.

When Can a Person Be Disqualified From Obtaining a Security Clearance? 

When evaluating a person’s eligibility for a security clearance – whether the individual is seeking to obtain or renew one – the government considers a variety of factors. According to the United States Department of State, the factors considered pertinent are measures of the applicant’s reliability, trustworthiness, character, judgment, honesty, discretion, stability, and unquestionable loyalty to the country. While traffic infractions and criminal charges/convictions may not automatically disqualify a person from obtaining or renewing a security clearance, they will be taken into consideration. The applicant’s past is likely to raise concerns if any of the following is true:

  • There have been any allegations or admissions of the applicant’s criminal conduct, even if they were never formally charged
  • The applicant is on parole or probation
  • The applicant has a criminal conviction that resulted in a jail/prison sentence for at least a year
  • The applicant has previously violated the terms of their probation
  • The applicant has multiple DUI offenses on their record
  • The applicant has multiple reckless driving offenses on their record
  • The applicant has a history of unlawful use or addiction to controlled substances
  • The applicant failed to complete a court-ordered rehabilitation program as part of their sentence

These are just some of the factors that could raise a security concern when applying for or trying to renew a security clearance. However, there are no hard and fast rules on how a person’s traffic violations or criminal charges/conviction can affect their chances of obtaining a military security clearance, as each application is evaluated on a case-by-case basis. If you have received a traffic ticket for a moving violation, or have been charged with a traffic-related crime in Virginia, the attorneys at Driving Defense Law may be able to help you understand how your infraction or charges may affect your security clearance. A dedicated traffic defense attorney can fight aggressively and tirelessly to help you get the charges dismissed or reduced so they do not jeopardize your employment opportunities and your future. 

Get the Guidance and Peace of Mind You Deserve

Losing a security clearance or being disqualified from obtaining one can be a devastating and frustrating experience that may limit an individual’s career prospects and make it more difficult to provide for a family. However, receiving a traffic ticket or being charged with a crime may not automatically disqualify you from obtaining or maintaining a military security clearance. Everyone’s situation is unique, which is why you might want to consider speaking with an attorney. The skilled attorneys at Driving Defense Law regularly provide personalized attention and guidance to Virginia drivers charged with moving violations. They may be able to go over your case and help you understand the potential impact of your traffic violations or criminal charges on your clearance. Call (757) 929-0335 today to book your free consultation.

Young driver giving thumbs-up.

 How To Prepare Your Teenager: Driving Tips For New Drivers

Written by john on . Posted in Miscellaneous Traffic Offenses.

Getting a driver’s license is one of the most significant milestones in a teenager’s life, as it grants them a new sense of freedom. With this newfound freedom comes the responsibility to learn and consistently practice safe driving habits. Parents bear the burden of teaching their children how to drive safely and preparing them to pass their driver’s license exams. Unfortunately, Virginia has no shortage of car accidents, many involving teen drivers. However, with adequate preparation and the right teaching approach, parents can help drastically reduce the risk of their child getting into a traffic accident. Following some practical driving trips for new drivers can be very effective for reaching these goals. You can learn more about safe driving for teens by contacting the experienced Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

Familiarize Your Teen With Your State’s Graduated Driver Licensing (GDL) System

Teens are more likely than older divers to be involved in severe or fatal car accidents for a number of reasons, including their lack of experience, lack of skills, and immaturity. Younger drivers speed more often, make more mistakes, and are more easily distracted behind the wheel, especially when driving with friends. Parents can help their teens become safer drivers by following the three-stage graduated driver licensing (GDL) system in their state, which is designed to help teens avoid high-risk driving scenarios. According to the National Highway and Traffic Safety Administration (NHTSA), following this system can reduce a new driver’s accident risk by up to 50%.

While the GDL system can serve as a useful guide, it is important to view this system as just one piece of a larger process. Parents should also be mindful to lead by example by consistently practicing safe driving behaviors themselves, and by taking the time to help their teen practice while they have their learner’s permit. In addition, this parental guidance should continue throughout their teen years, even after they have gotten their license.

Avoiding Distracted Driving

Distracted driving is a major issue for drivers of all ages, but teens are more likely to engage in distracting behaviors while behind the wheel. According to the NHTSA, one in three teens with a cell phone says that they have texted while driving, which increases the risk of an accident by 23 times. Maintaining focus on the road and your surroundings is one of the most important aspects of safe driving and parents should make sure their teens understand this when providing them with valuable driving trips for new drivers. Stressing just how dangerous distracted driving can be and how much it increases the risk of an accident can also help teens to better grasp the importance of maintaining full attention behind the wheel.

Cell phone use is the most common form of distracted driving, but far from the only one. Any behavior that takes your attention away from the road is a distraction. Some other common types of distracted driving include:

  • Eating or drinking
  • Socializing with passengers
  • Applying makeup
  • Changing the radio station

Warn About the Dangers of Alcohol and Drugs

Data from the Centers for Disease Control and Prevention (CDC) show that teens are 17 times more likely to die in an accident if their blood alcohol concentration is over .08%. Most parents have already discussed the dangers of drugs and alcohol with their teens, but it is a good idea to have another talk about these dangers when preparing them to drive. 

In addition to the risk of severe accidents, teens who get pulled over while under the influence could face serious legal consequences, such as a criminal record, possible jail time, a suspended license, and legal fees. Teens who get charged with drunk driving are also at risk of losing college acceptances, scholarships, and academic eligibility. Due to these serious consequences, parents of teens charged with DUI should consider hiring an experienced DUI attorney. If your family is in this situation, you can learn more by contacting one of the DUI defense attorneys at Driving Defense Law.

The Importance of Regular Maintenance

Taking good care of a vehicle is one of the most important responsibilities of owning or driving a car. A well-maintained car will have a longer lifespan than a neglected one. More importantly, keeping a vehicle well-maintained can also reduce the risk of an accident. Teens should understand the importance of maintenance before being granted driving privileges.

If a car is not properly maintained, it is at risk of mechanical failure while on the road, which can easily cause the driver to lose control of the vehicle and crash. Some common ways that poor maintenance can lead to accidents include:

  • Worn-down brake pads make it difficult to stop on time
  • Low-tread tires that slip on the road in poor conditions
  • Burnt-out headlights or taillights make the vehicle less visible to others

Prepare for Emergencies

Drivers should always be prepared for an unexpected emergency on the road, such as an accident or breakdown. An emergency kit should be kept with all supplies your teen could need if stranded in a broken-down vehicle, such as water, a blanket, a flashlight, non-perishable foods, jumper cables, and flares. Parents should also make sure their teens understand the importance of having their vehicle registration and proof of insurance easily accessible in case they are involved in an accident or get pulled over, and what they should do after a car accident.

Contact Our Virginia Traffic Lawyers

Educating your teen with useful driving tips for new drivers can help keep them safe and reduce their risk of being involved in an accident. However, the reality is that some teens will get involved in accidents or get ticketed for traffic offenses. If your teen has recently been ticketed for speeding or another offense, or if they are facing more serious charges like reckless driving, the Virginia traffic lawyers at Driving Defense Law are available to help. We can review your teen’s case and provide our legal opinion on the best way to handle the offense, along with continuous legal guidance throughout the legal process. Call Driving Defense Law today at (757) 929-0335 to learn more.

Eating a cheeseburger one-handed while driving.

Is Eating While Driving Illegal?

Written by john on . Posted in Miscellaneous Traffic Offenses.

There is no law in Virginia prohibiting drivers from eating behind the wheel. However, this does not mean that it is a good idea to do so. Eating while driving is one of many forms of distracted driving, as it takes a driver’s attention away from the road and their surroundings. Distracted driving is extremely dangerous; even taking your eyes away from the road for a few seconds is enough to cause a preventable accident. While eating behind the wheel is not illegal in and of itself, it can lead to erratic driving, which could result in a police officer pulling you over. In some cases, a driver could be charged with reckless driving or another offense for driving dangerously because they were distracted by food. If you are facing a traffic charge related to eating while driving or another form of distracted driving, you can learn more about your legal options by contacting the Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

How Dangerous Is Distracted Driving?

Distracted driving is one of the most common causes of serious car accidents in the United States. According to the Centers for Disease Control and Prevention (CDC), about nine Americans are killed each day in crashes that involve distracted drivers. In 2019, more than 3,100 people were killed and another 424,000 were injured in accidents involving distracted drivers. 

Many states have recognized the severity of this problem by enacting laws that prohibit certain forms of distracted driving, such as texting while driving. According to the Virginia Department of Motor Vehicles, any form of cell phone use when behind the wheel has been illegal since January 1, 2021. Texting while driving is considered a primary offense in Virginia, punishable by a $125 fine for the first offense and a $250 fine for the second and subsequent offenses. Even though eating while driving can pose similar risks, however, there are currently no laws against it.

Why Is Eating While Driving Considered Distracted Driving?

The National Highway Safety Traffic Administration (NHTSA) divides distracted driving into three main categories: 

  • Manual – Distractions that require the driver to take one or both hands off the wheel.
  • Visual – Distractions that take the driver’s eyes away from the road.
  • Cognitive – Distractions that divert the driver’s attention from driving.

Eating while driving can fall into all three of these categories. The act of eating always presents a manual distraction, as the driver must remove at least one hand from the wheel to eat. Drivers also take their eyes off the road to pick up food and drinks. Eating while driving can also turn into a cognitive distraction if something happens to take the driver’s mental attention away from the road, such as spilling food on their shirt.

What Are Some Other Examples of Distracted Driving?

Anything can be a distraction if it takes a driver’s hands, eyes, or mental attention away from the road. Other than eating or drinking, some of the most common examples of distracted driving include:

  • Adjusting air conditioning or heating
  • Using the radio or entertainment system
  • Texting and talking on the phone
  • Talking to passengers
  • Using the mirror to groom yourself or apply makeup
  • Operating the GPS navigation system

When a distracted driver causes an accident because of the distraction, they can be held liable by others who are injured in the accident. You can learn more about eating while driving and other types of distracted driving by speaking with the Virginia traffic lawyers of Driving Defense Law.

Can You Get Pulled Over for Eating While Driving?

Although there may be no specific statute that prohibits eating while driving, a police officer could still pull a car over for doing so if they believe that the driver is acting recklessly as a result of their distraction. Drivers who get pulled over in this situation might not receive a ticket for distracted driving, as current Virginia statutes only prohibit cell phone use while driving. However, an officer could issue a ticket for reckless driving or another traffic offense if eating affected the motorist’s driving.

Reckless driving charges are often filed in cases involving excessive speeding. However, according to the Code of Virginia, driving in any way that endangers “the life, limb, or property of any person” constitutes reckless driving. Since distracted driving has been proven to significantly increase the risk of being involved in an accident with severe or fatal injuries, eating while driving could potentially be considered reckless driving. If you have questions about when eating while driving might be considered a traffic offense, consider reaching out to an experienced Virginia traffic attorney with Driving Defense Law.

What Are the Penalties for Reckless Driving in Virginia?

In Virginia, reckless driving is a class 1 misdemeanor, which carries the following maximum penalties when convicted:

  • 12 months in jail
  • A suspended license for 6 months
  • Six points added to driving record
  • A fine of up to $2,500

In addition to these penalties, a reckless driving conviction on your criminal record can lead to major difficulties in your personal life, including trouble finding employment or housing. Due to the serious consequences of a conviction, people charged with reckless driving should consider seeking legal guidance from an experienced Virginia traffic lawyer.

How Can a Virginia Traffic Lawyer Help?

If you are charged with reckless driving, you may wish to work with an experienced Virginia traffic attorney who can provide useful legal guidance throughout the process and attempt to construct a strong defense. A lawyer can raise certain questions in court that could potentially lead to an acquittal, such as:

  • Did anyone else witness the alleged reckless driving?
  • Did the arresting officer follow all procedural rules before making the arrest or issuing a ticket?
  • Does the defendant have a clean driving record other than the alleged reckless driving?

Learn More From Our Virginia Traffic Attorneys

If you were eating while driving and got pulled over, you may have questions about your legal rights. Whether you were issued a ticket for distracted driving or are being charged with a more serious criminal offense like reckless driving, you may wish to consider discussing your situation with a Virginia attorney who specializes in defending against traffic charges. An experienced traffic attorney will typically review your case, develop a defense against the charges, and assist you in seeking the best possible outcome for your traffic case. For more information on fighting traffic offenses in Virginia, contact Driving Defense Law today at (757) 929-0335.

A pair of patrol officers fill out paperwork for a speeding citation.

What To Do When You Receive An Out Of State Speeding Ticket

Written by john on . Posted in Speeding.

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Getting a speeding ticket is always a stressful experience. Receiving a ticket in another state can add another layer of stress to the situation since many drivers are not sure how to handle an out-of-state speeding ticket. Some drivers may be tempted to ignore these tickets, but you are legally obligated to pay or contest all speeding tickets, regardless of where the ticket was issued. If you have recently been ticketed for speeding in another state and have questions about resolving the matter, you can learn more by contacting the experienced Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

Will My Home State Know About My Out-of-State Speeding Ticket?

Most states are notified when a driver licensed in their state receives a speeding ticket or another traffic infraction in another state. This is due to an agreement called the Driver License Compact (DLC), which according to the American Association of Motor Vehicle Administrators requires most states to report traffic violations of out-of-state motorists to that motorist’s local licensing authority. There are only five states that are not part of the DLC – Wisconsin, Tennessee, Michigan, Massachusetts, and Georgia. 

The Driver License Compact is designed to give states an easy way to report, track, and penalize out-of-state traffic violations, without the need for individual agreements between states. Member states must also honor all out-of-state license suspensions, revocations, and blocked renewals. A new agreement, known as the Driver License Agreement (DLA), is expected to supersede the DLC in the coming years. As of late 2023, however, only Connecticut, Arkansas, and Massachusetts have joined the DLA.

Does Virginia Give Points for Out-of-State Tickets?

The rules regarding out-of-state traffic violations vary by state. However, Virginia and most other states add these violations to driving records. This means that an out-of-state speeding ticket is transferred to Virginia courts. If the driver is convicted in Virginia, their conviction is then transferred to their driving record in the state where the ticket was issued. Points are then added to the driver’s Virginia driving record based on the laws of the other state.

What Are Virginia’s Laws on Speeding?

Out-of-state drivers who are visiting Virginia should be aware of the state’s traffic laws and follow them at all times. Each state handles speeding tickets differently. Virginia is one of the harshest states when it comes to penalizing speeders. Speeding offenses in this state can involve criminal charges, rather than simply being a summary traffic ticket. 

Section § 46.2-862 of the Code of Virginia states that motor vehicle operators can be charged with reckless driving if they are pulled over going 20 miles per hour over the posted speed limit, or over 85 miles per hour regardless of the speed limit. Reckless driving for speeding is a class 1 misdemeanor charge in Virginia, punishable by the following penalties:

  • 6 driver’s license points
  • A fine of up to $2,500
  • Up to one year in jail
  • Suspended driver’s license for up to 6 months
  • Criminal record for the conviction

If you received an out-of-state speeding ticket in Virginia and are facing reckless driving charges, you can learn more about your legal options from one of the experienced Virginia traffic lawyers at Driving Defense Law.

What Should I Do If I Get a Speeding Ticket in Virginia?

Out-of-state drivers who are issued speeding tickets in Virginia should carefully examine the citation document. Determining whether the charge is a regular speeding ticket or the more serious criminal offense of reckless driving is critical to developing an effective strategy for handling the ticket. 

Citations generally include sections detailing the nature of the charge. If the charge is not clear, look for a court appearance section. If there is no court date, it is usually a simple traffic violation. However, if that section is blank or crossed out, the driver may be facing a criminal charge.

Can Virginia Lawyers Represent Out-of-State Residents in Court?

Yes, Virginia traffic lawyers may represent out-of-state residents in court for speeding tickets and even reckless driving charges, in most cases. This is one of many reasons to consider hiring a lawyer if you have been ticketed or charged with reckless driving for speeding as an out-of-state resident. 

In some cases, out-of-state residents may be required to travel to Virginia for a court appearance. This is typically the case for drivers pulled over driving at 100 miles per hour or over, as well as those with previous convictions for reckless driving. Individuals who must appear in court should also strongly consider hiring a local lawyer with experience in Virginia speeding and reckless driving cases.

What Happens if You Don’t Pay an Out-of-State Speeding Ticket?

Speeding tickets should always be paid or contested by the specified deadline, regardless of where they were issued. Remember, states within the Driver License Compact share data with each other, so your home state will be notified of the speeding ticket. Ignoring an out-of-state speeding ticket can have significant legal consequences. 

When an out-of-state driver is ticketed for speeding in Virginia, the Commonwealth of Virginia notifies the driver’s home state of the ticket. The home state then handles it as a normal unpaid speeding ticket. If the out-of-state driver does not pay their ticket within 30 days of a scheduled court appearance, their license will be temporarily suspended in Virginia.

Should I Pay or Contest a Speeding Ticket?

Many drivers opt to pay a speeding ticket and move on, especially if the ticket was issued in another state. While this is always an option, there are a few factors to consider when deciding whether to contest a speeding ticket:

  • Insurance implications – Paying the ticket is essentially admitting guilt, which could result in higher insurance premiums.
  • Driving record – Points will likely be added to your driving record and can stay there for years. This could cause issues for individuals who already have significant points, or present difficulties for individuals who receive additional points in the future.
  • Financial considerations – Speeding tickets can be costly, especially for drivers who were ticketed in school or work zones. 

Learn More From Our Virginia Traffic Lawyers

If you received a speeding ticket when visiting Virginia from out of state, the dedicated Virginia traffic defense attorneys at Driving Defense Law are here to help. We specialize in Virginia traffic cases and can help you navigate the legal system, including contesting a speeding ticket or defending against reckless driving charges. Contact Driving Defense Law today at (757) 929-0335 to learn more about out-of-state speeding tickets and other legal matters.

A driver lifting a parking ticket off their windshield.

Illegal Parking Tickets

Written by john on . Posted in Miscellaneous Traffic Offenses.

No one wants to find a parking ticket on their windshield when they return to their vehicle, but illegal parking tickets are common across Virginia. Many people believe they have no choice but to pay the ticket, but in some cases, an illegal parking ticket may be worth challenging in court. Deciding whether to pay or contest the ticket depends on the circumstances of the ticket. If you have questions about appealing an illegal parking ticket, you can learn more by contacting the experienced Virginia traffic attorneys of Driving Defense Law at (757) 929-0335.

When Should You Fight a Parking Ticket?

There are a few scenarios in which it makes sense to fight a parking ticket. Of course, the ticket should be contested if you can prove that you did not violate any parking laws. Here are some other common situations where a parking ticket should be disputed:

  • Illegibly written tickets
  • Missing or incorrect information on the ticket
  • A parking sign was missing, incorrect, or not visible
  • Citations for parking permit violations, even though the permit was correctly displayed
  • The vehicle was stolen
  • The parking meter malfunctioned
  • Overcharged or issued the wrong ticket for the alleged offense

How To Appeal a Parking Ticket

Individuals who receive illegal parking tickets that they believe are unfair may dispute the ticket by filing an appeal. Consider following these steps to appeal a parking ticket in Virginia:

  • Contact the ticket-issuing agency – First, lodge a complaint with the agency that issued the ticket. The agency will designate an investigator to inquire about the circumstances. At this point, one can either challenge the ticket through correspondence or in a face-to-face setting, but in-person challenges must be made within approximately 20 days of the ticket’s issue date. If the violation is successfully disputed, the ticket will be dismissed.
  • Administrative review – Should the investigator uphold the ticket, one may pursue an administrative review. This step precedes judicial review and involves formally registering a grievance with the local jurisdiction responsible for issuing the ticket. Attendance in person at the review office is often required. This process also requires extensive evidence, such as photographs and other relevant documents.
  • File an appeal – If the ticket is deemed valid during the administrative review, the next recourse is to file an appeal and request a court hearing. The matter will then be reviewed by a judge who will make an official ruling on the ticket’s validity.

Remember that parking ticket laws are not universal; they are subject to the vehicle codes of each state. This is why you should consider speaking with a Virginia traffic lawyer if you are contemplating      disputing your ticket. You can learn more about disputing illegal parking tickets by contacting the dedicated Virginia traffic lawyers of Driving Defense Law.

What Happens i     f You Ignore a Parking Ticket?

Ignoring a parking ticket can have serious legal and financial consequences, so these tickets should be paid or challenged as soon as possible.

Increased Fines

A parking ticket typically specifies      a designated fine owed to the local government for violating municipal parking regulations. Non-payment by the specified due date can result in an escalation of the initial fine due to late fees and collection charges.

Bench Warrants

In cases where parking tickets remain unpaid for extended periods, a local court may issue a notice requiring a court appearance to settle the outstanding balance. Continued non-compliance could escalate to the court issuing a bench warrant for arrest. When this happens, law enforcement officers may detain the individuals with unpaid tickets by identifying their vehicle license plate numbers. 

License Suspensions and Revocations

Unpaid parking tickets can culminate in the suspension of driving privileges. Operating a vehicle with a suspended license is a separate traffic violation and could result in the revocation of the license, which would then require a court petition to restore driving privileges. 

Vehicle Towing or Booting

Vehicles can be towed or “booted” for unpaid parking tickets. If this happens, police officers have the right to search the vehicle without a warrant.

Higher Insurance Premiums

Long-term non-payment of parking tickets can result in higher vehicle insurance premiums. Although most auto insurance companies do not adjust premiums based on non-moving violations like parking tickets, rates can increase due to suspended licenses or violations related to the failure to pay these tickets. 

Do Parking Tickets Show Up o     n Background Checks in Virginia?

A parking ticket is not a criminal offense, so it will not show up on a criminal background check. However, if the ticket is ignored and criminal charges are filed, those charges will show up on a background check. This could have potential long-term consequences, including difficulty finding employment and housing. 

Parking tickets and other traffic violations do show up on driving record background checks. This is especially relevant for positions that involve driving as a main job duty. For example, someone applying for a FedEx delivery driver position may have their driving record checked, and any traffic violations on their record could potentially affect their chances of getting the job. 

How Much Is an Illegal Parking Ticket in Virginia?

The fines for illegal parking vary depending on the specific offense and the jurisdiction where the ticket is issued. Here is an overview of the different fines in some of Virginia’s largest cities.

Norfolk Parking Ticket Fees

Parking fine amounts issued by the City of Norfolk include:

  • Blocking driveway – $50
  • Blocking fire lane – $150
  • No parking – $50
  • Parking in front of a fire hydrant – $150
  • Overtime parking at meter – $35
  • Parking off roadway – $50
  • Restricted city lot – $50
  • Taxi stand – $50
  • Handicapped parking – $300

Parking Violation Fees in Charlottesville

The City of Charlottesville issues the following fines for parking tickets:

  • Blocking driveway – $20 if paid within 96 hours, $40 after
  • Double parking – $20 within 96 hours, $40 after
  • Handicapped parking – $180 within 96 hours, $360 after
  • Parking more than 12 inches from the curb – $15 within 96 hours, $30 after
  • No parking at any time – $25 within 96 hours, $50 after

Learn More From Our Virginia Traffic Attorneys

If you have questions about illegal parking tickets or another matter related to traffic offenses in Virginia     , the dedicated Virginia traffic attorneys at Driving Defense Law are ready to help. Contact our firm today at (757)929-0335 to learn more in a free consultation.

The left brake light of a black car at dusk.

Is Brake Checking Illegal

Written by john on . Posted in Miscellaneous Traffic Offenses, Reckless Driving.

You are in heavy traffic on a Virginia roadway. You notice the person behind you is following way too closely. After you come to a stop at a light or wait for a turning driver in front of you, you notice the vehicle getting even closer to the point where you worry about the driver crashing into you. You want the other driver to give you some space, so you start to tap on your brakes. But is this behavior legal? If you would like more information about brake checking or were involved in a brake checking accident in Virginia and are being blamed for the crash, consider contacting Driving Defense Law by calling (757) 929-0335 to learn more during a confidential consultation. 

What Is Brake Checking?

Brake checking is the practice of rapidly applying brakes, usually to communicate that the vehicle behind the person brake checking is following too closely. Brake checking typically involves slamming your brakes, rather than lightly tapping them. What is essential about brake checking is that the brakes are applied not for the purpose of stopping or slowing down but instead to get the rear driver to respond in a certain way. 

Brake checking is an act that seeks to change another driver’s behavior. However, there is no guarantee that brake checking will yield the desired results. The tailgating driver may simply get annoyed and continue to follow too closely to spite the brake checking driver. The driver may get upset and even violent. Brake checking can also cause collisions because the tailgating driver does not have enough time to stop due to the sudden braking. 

What Is the Point of Brake Checking? 

People sometimes engage in brake checking to communicate to the driver behind them that they are too close for comfort. They hope that by slamming on their brakes, the driver behind them will also have to slam on their brakes to avoid a crash and will pay more attention and create more distance. 

The front driver may believe that if they brake check the tailgater and the tailgater crashes into them, the tailgater will be found at fault. However, this may not be the case because the driver in front has created an unnecessary hazard by braking for no apparent reason other than to provoke the driver behind them. 

Dangers of Brake Checking 

Brake checking can be an extremely dangerous driving tactic. When a driver brake-checks, the vehicle behind them may also have to brake hard or swerve to avoid a crash. Taking those actions may result in the rear driver hitting another driver, pedestrian, or property. Additionally, brake checking increases the likelihood that the rear driver will crash into the vehicle in front of them because they will not have enough braking distance to stop before a collision occurs. 

In addition to potentially causing a crash, brake checking can lead to serious injuries or even death. The accident victim could potentially sue the brake checker for the injuries they suffered. Brake checking can also result in criminal charges being lodged against the offender. 

Is It Okay To Brake Check a Tailgater? 

No. While having someone tailgate you can be frustrating, as explained above, brake checking can be extremely dangerous and lead to a crash. 

Rather than brake checking, here are some strategies to help you deal with tailgaters:

  • Give tailgaters the option to pass. 
  • Create more distance between you and the tailgating driver. 
  • Change lanes. 
  • Use your turn signals to indicate you are turning or changing lanes.
  • Pull over somewhere safe if you feel you are in danger.
  • Report dangerous driving activities to local law enforcement. 

Is Brake Checking Illegal? 

Yes. While there is no specific Virginia brake checking law, brake checking may be considered a form of reckless driving. Brake checking can create a dangerous situation for other motorists and is often considered a form of aggressive driving or road rage. A lawyer from Driving Defense Law may be able to help defend you if you are facing charges for reckless driving or other traffic violations. 

Virginia Tailgating and Brake Checking Laws 

First, it is important to note that tailgating is illegal in Virginia. The Code of Virginia § 46.2-816 states that drivers should not follow other vehicles “more closely than is reasonable and prudent,” while considering the speeds of both vehicles and current traffic conditions. However, just because another driver is breaking the law, that does not give you the right to break the law, too. Brake checking could be a form of reckless driving under , which defines the offense as driving a vehicle recklessly, in a manner, or at a speed, that would endanger the life, limb, or property of others on any highway. 

In addition to this general rule, motorists could be subject to penalties under the Code of Virginia § 46.2-852, which addresses reckless or improper driving, if they do any of the following:

  • Drive a vehicle not under control 
  • Drive a vehicle with inadequate or improperly adjusted brakes
  • Drive a vehicle while their control is impaired
  • Drive with an obstructed view 
  • Drive 20 mph or more above the speed limit
  • Drive too fast for highway and traffic conditions 
  • Pass two vehicles at the same time 
  • Pass at a railroad crossing
  • Pass a stopped school bus
  • Pass a vehicle on or at the crest of a grade or curve 
  • Fail to give proper signals when turning, slowing down, or stopping
  • Fail to yield the right-of-way when entering a highway from a side road
  • Fail to reduce speed when approaching a stationary vehicle that has a flashing or warning light
  • Race on a highway in the Commonwealth or driveway at a church, school, business, or recreational property
  • Stop on a highway

Committing some of these offenses is considered aggressive driving under Virginia law when the act was done “with the intent to harass, intimidate, injure, or obstruct another person.” Reckless driving is a Class 1 misdemeanor according to , punishable by a jail term of up to 12 months and a fine up to $2,500. 

Do You Need Assistance from a Traffic Defense Lawyer for Brake Checking?

If you are facing a traffic ticket due to brake checking, a traffic defense lawyer with Driving Defense Law may be able to help. Learn more by calling (757) 929-0335 today to schedule your free personalized case evaluation.