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A small rectangular camera with a power cord plugged into one side, hangs from a suction cup on a car’s windshield.

Are Dashcams Legal?

Written by john on . Posted in Uncategorized.

You have probably seen dashcams for sale. You might have even wondered, “Are dashcams legal?” and may even have purchased one. These small devices could have a big impact on your traffic case, good or bad. If you would like more information about the legality of dashcams and how they might impact your traffic case, consider consulting with a knowledgeable traffic defense lawyer with Driving Defense Law by calling (757) 929-0335.

What Are Dash Cams? 

Dashcams are small cameras that record the road ahead and/or behind the vehicle while an individual is driving. These cameras are specifically designed to record traffic situations. Therefore, they are typically designed so as to record high-quality footage while the vehicle is turned on in various environments, including daytime or nighttime, and in various temperatures, including extreme heat and cold. 

How Do Dash Cams Work?

Dashboard cameras use the vehicle’s battery as a power source. Depending on the model of camera, the dash cam may automatically record any time after the vehicle is turned on, when the vehicle is in motion, or when a crash is detected. Dash cam owners may be able to upload saved recordings to the cloud for safe storage. They may also be able to share this video with insurance companies, law enforcement agencies, a lawyer, or others. 

Some dash cameras offer additional features. Some devices send an emergency text message to a predetermined contact in case of an accident. Others continue to record when the vehicle is turned off, serving as an additional security measure against auto theft. Some dashcams also provide real-time driver alerts about red light cameras, nearby police, speed traps, and speed cameras. 

Uses for Dash Cams 

Dashcams can be useful in many situations. Some ways that vehicle owners may be able to use dash cam footage in case of an accident or traffic violation include:

  • Showing they did not commit a traffic offense they are being accused of
  • Contradicting another driver’s account in the event of an accident 
  • Filling in gaps about what happened during a traffic stop that were not recorded or released from body cam or police dashcam footage
  • Demonstrating police misconduct, such as seizing evidence without legal justification

Can I Have a Dash Cam While Driving in Virginia? 

There are currently no federal regulations that prohibit having dashboard cameras. Additionally, dash cameras are legal in Virginia. 

Virginia law allows recording in areas available to the public and where people do not have a reasonable expectation of privacy. Furthermore, according to the Digital Media Law Project, Virginia is a single-party consent state, meaning that any party who is a participant in a conversation can legally record the conversation. Therefore, if the dash cam records a conversation one driver had with another driver after an accident or a law enforcement officer during a traffic stop, this recording would likely be legal. 

Where Can I Put My Dash Cam? 

The Code of Virginia § 46.2-1054 prohibits mounting any devices on the windshield or rear window that could obstruct the driver’s view. Instead, dash cameras should be mounted on the dashboard in a location that does not obstruct the driver’s view. 

Do I Have To Tell Cops I Have a Dash Cam?

Today, most people carry cell phones with them wherever they go. They may take pictures and record videos in public places. As such, law enforcement officers cannot reasonably expect privacy during an interaction with the public. Drivers do not have to inform law enforcement they have a dash camera. However, police may be able to see the camera if they stop the vehicle for a traffic infraction. 

Can Dash Cams Be Used Against You?

In addition to wondering are dashcams legal, one may also wonder if dashcam footage can be used against its owner. Dashcams can be used against their owners. However, there are some conditions to this usage. If you are concerned about the footage from your dash cam being used against you, an attorney from Driving Defense Law may be able to assist you. 

How Dash Cam Footage Can Be Used Against You

Dash camera footage could potentially be used against the owner in a traffic case if it shows the owner violating the law or engaging in an activity that contributed to the accident, such as:

  • Speeding
  • Drinking and driving
  • Texting while driving
  • Changing lanes without signaling 
  • Brake checking 
  • Driving recklessly 

Additionally, your dash camera, law enforcement dashcams, or the dash cam of another driver or witness may record evidence after an accident that could later be used against you. For example, the dash camera could have recorded you doing any of the following:

  • Admitting fault for the accident
  • Saying something that was contradictory to the evidence later discovered in your case
  • Acting aggressively toward another driver after the accident
  • Walking in an unbalanced manner that may indicate drug or alcohol impairment

You Do Not Have To Provide Your Footage to Law Enforcement

If an individual thinks the police want their dash camera footage to use it as evidence against them in a traffic case, according to the United States Congress, the individual may decide not to provide it to police under the United States Constitution’s Fifth Amendment that prevents citizens from being compelled to being a witness against themselves in any criminal case. Similarly, the text of the Fourth Amendment, as provided by Congress, also prevents law enforcement from seizing any property through any unreasonable searches and seizures. To obtain a driver’s dash camera footage, law enforcement personnel may need to file for a warrant supported by probable cause. In some cases the doctrine of exigent circumstances may allow them to confiscate the camera instead.

If law enforcement does take a driver’s dash camera, they do not have the right to delete the footage. However, a lawyer may recommend that drivers immediately create a backup copy of any recording they have in the cloud if law enforcement has taken their camera. 

You Can Request Law Enforcement Dash Camera Footage

Dash camera footage that was recorded by law enforcement may be available in your case. A driver, or their attorney if they are working with professional legal representation, may be able to request a copy or make a public records request for such evidence to use in the driver’s defense. If the driver obtains this evidence, and they wish to use it as part of their defense, they will need to be able to substantiate it in court and prove the video was made on the date and time they claim. 

Do You Have Questions for an Experienced Traffic Defense Lawyer?

Are dashcams legal? Yes, they are, and there can be many benefits to having one in your vehicle. If you have been told your dash cam is illegal, are worried about dash cam footage being used against you, or have other questions about dashcams, the experienced Norfolk traffic defense attorneys with Driving Defense Law may be able to answer your questions and help you understand your legal options. Call (757) 929-0335 to schedule a confidential consultation. 

Learn why you should contest a traffic ticket. Click here to learn more.

Why You Should Contest A Traffic Ticket

Written by john on . Posted in Driving on a Suspended License, DUI, DUI & Drugs, DUI for CDL Drivers, Eluding, Federal/Military DUI, Felony & Repeat DUI, Hit and Run, Reckless Driving, Speeding, Traffic Infractions, Underage DUI.

Seeing those flashing lights behind you can be a scary experience. You might try to talk your way out of it but still wind up with a ticket. While the easy solution may be to simply pay the fine, this decision can have long-lasting consequences. For this reason, you might consider consulting with a traffic defense lawyer about why you should contest a traffic ticket. You can reach a knowledgeable lawyer through Driving Defense Law by calling (757) 929-0335. 

Consequences of Paying a Traffic Ticket

When someone pays a traffic ticket, they are accepting legal responsibility for the offense law enforcement cited them for. The driver is giving up their right to require the prosecution to prove the charges against them. They are also subjecting themselves to the following possible consequences:

Demerit Points 

According to the Virginia Department of Motor Vehicles (DMV), after a driver is convicted of a traffic violation, the DMV populates the conviction into their driving record. The DMV also assigns demerit points according to a scale calibrated to account for the severity of various traffic infractions. 

The DMV assigns three points for various offenses, including the following:

  • Speeding 1 to 9 mph above the speed limit as posted
  • Impeding traffic 
  • Improper passing
  • Improper driving
  • Stopping on a highway
  • Changing course after signaling 
  • Driving through a safety zone
  • Driving over a fire hose
  • Driving on a sidewalk 
  • Evading a traffic control device
  • Driving without lights
  • Making an improper turn
  • Driving in violation of a restricted license 
  • Failing to stop at the scene of a crash with an unattended vehicle

The DMV assesses four demerit points for such violations as:

  • Reckless driving – failing to stop before entering a highway
  • Speeding 10-19 mph above the speed limit 
  • Failing to stop for a pedestrian 
  • Failing to yield the right-of-way
  • Following too closely
  • Failing to obey railroad crossing signals
  • Operating a motor vehicle while on a suspended driver’s license with a blood alcohol content of 0.02% or more

The most serious traffic offenses result in six demerit points assessed by the DMV. These offenses include violations such as:

  • Reckless driving – speeding in excess of 85 mph
  • Speeding 20 mph or more above the speed limit
  • Driving while intoxicated
  • Driving under the influence of drugs
  • Involuntary manslaughter
  • Driving after being declared a habitual offender 
  • Driving on a suspended license 
  • Failing to stop at the scene of a crash resulting in injury
  • Attempting to elude police

License Suspension 

If drivers accumulate a certain number of demerit points within a specified time period, their license can be suspended. This can occur if drivers accumulate 18 points within 12 months or 24 points within 24 months. 

Before a driver’s license is suspended, they can try to challenge the basis for one or more of the tickets at a traffic hearing. An experienced lawyer from Driving Defense Law can evaluate the circumstances, explain your legal options, and make recommendations about how to prevent license suspensions. They can also represent you at the hearing. 

Jail Time and Fines

Some traffic offenses, like reckless driving, rise to the criminal level. A conviction could result in possible jail time. 

Depending on the offense, a single traffic offense can also result in fines of hundreds of dollars. These fines may prove difficult to pay if the individual is not making money because they are in jail or have lost their job due to jail time. 

Higher Insurance Premiums

The DMV may sometimes directly notify a driver’s insurance company of the conviction. Even if that does not occur, the insurance company can run periodic checks on any driving record associated with the policy. This review can result in the insurance company requiring a much higher premium at the policy’s next renewal date. For many people, these higher insurance premiums far outweigh the costs of hiring a traffic defense lawyer to contest a traffic ticket. 

Options for Dealing With Traffic Tickets 

If a driver has recently received a ticket for a driving infraction in Virginia, they may have some options, including disputing a ticket. Drivers should carefully consider each option and the potential consequences before making a decision. 

Pay the Ticket

Drivers can generally use the Virginia Courts website to pay tickets, but they should keep in mind there are consequences to paying the ticket. Drivers will be assigned demerit points on their license. Depending on how many demerit points the driver already has, they may face license suspension.

Contest the Ticket 

If a driver believes they were ticketed in error or has a viable defense, they have the option to contest the ticket instead of paying the fine. Contesting the ticket may not always result in having to go to court. If a driver opts to hire a lawyer, the lawyer may be able to negotiate an agreement with the prosecutor to reduce the charge or to dismiss the case, depending on the circumstances. 

Request Alternative Sentencing

Depending on where the driver received the ticket and the law enforcement agency that ticketed them, there may be alternative sentencing options. These options often allow a person to take a class to reduce their charge, lower the potential demerit points added to their driving record, or avoid a conviction. 

Possible Defenses Against Traffic Offenses

There may be various defenses against a traffic offense if a driver wants to dispute a traffic ticket. These defenses will depend on the facts and circumstances surrounding the case. Some examples of defenses drivers could raise may include:

  • They had to commit the driving error to avoid an accident. 
  • There was an emergency. 
  • The law enforcement officer’s equipment was not properly calibrated and cannot be used to prove the charges against the driver. 
  • The law enforcement officer failed to show up to court to testify about what they saw that prompted them to issue the ticket. 

Experienced traffic defense lawyers may be able to review a driver’s case and help the driver determine the potential defenses that could apply to their case. 

Traffic Ticket Process in Virginia

Traffic tickets typically list a court date and location in case the driver decides to contest it. Traffic cases are held in the General District Court, whose listing is provided by Virginia’s Judicial System, in the county where the ticket was issued. Most traffic cases that are heard in District Court do not have a jury and are heard by a judge who makes the final decision. Some courts separate traffic court from criminal court, while others mix the two. 

Traffic Court Dockets

Cases are usually listed on a docket, which will state which courtroom the case will be held in. Most traffic cases are heard in the same room as all the other traffic cases to be handled that day. Cases are listed on the court’s docket, which is a log of all the cases that will be heard that day. The docket will tell drivers which courtroom traffic cases are being heard in, and most traffic cases are heard in the same room as all other traffic cases on the same docket. 

Entering a Plea and Examining Witnesses in Traffic Court

When your case is being heard, the judge may first ask whether you wish to plead guilty or not guilty to the offense. Then, the judge may ask you questions about the event. If the officer who stopped you is present, they may testify about why they ticketed you. If you have a lawyer, they will have a chance to cross-examine the officer and any other witnesses who are called in the case. 

Reach Out for Help From an Experienced Traffic Defense Lawyer

Misdemeanor traffic offenses do not carry penalties as stiff as criminal charges, but they can still involve serious consequences. If you would like to contest a traffic ticket in Virginia Beach, Suffolk, Chesapeake or the surrounding areas, consider contacting a skilled traffic defense lawyer with Driving Defense Law for help. Call or text (757) 929-0335 today.

Misconceptions Regarding Speeding Tickets

Written by john on . Posted in Speeding.

The United States issues millions of tickets to speeding motorists each year and according to the National Highway Traffic Safety Administration (NHTSA), in 2019, more than 300,000 people sustained injuries because of car collisions involving speeding. While it is possible to challenge traffic violations and tickets in court, it can be useful to be aware of the misleading views regarding speeding citations that many individuals rely on when fighting a speeding ticket. To learn more about the misconceptions concerning speeding tickets and discover how a Virginia traffic law attorney from Driving Defense Law can aid motorists facing speeding violations, call or text our office today at (757) 929-0335.

Understanding Speeding Tickets

A speeding ticket refers to a type of moving traffic violation in which the individual facing the charge has allegedly exceeded the speed limit while operating a vehicle. Speeding is typically a minor traffic violation, requiring the payment of a fine, although excessive speeding can lead to more severe punishments.

Motorists who decide to contest a speeding ticket may request a court hearing instead. These hearings take place before a judge and might require the police officer who issued the ticket and witnesses to attend to give evidence.

What Is the Best Excuse for a Speeding Ticket in Court?

Common excuses used, often unsuccessfully, to fight a speeding ticket in court include:

  • Being unaware of the posted limit
  • Experiencing a medical emergency
  • Driving “at the speed of traffic” 
  • Running late for work or for a job-related interview
  • Running late to pick up drop off a child
  • Being late for a medical or court appointment
  • Running late for a social engagement
  • Rushing to get home with hot food 
  • Needing the bathroom

Is There a Legitimate Reason for Speeding?

Below are some legitimate defenses that may justify speeding:

  • Law enforcement actions: If a driver was speeding due to a law enforcement officer’s actions, this could be a valid defense. An example includes a motorist speeding to avoid a police car that was pursuing another vehicle due to the fear of an accident occurring.
  • Emergency response: Motorists who speed because of an emergency might have a defense, but only if the individual could not avoid the emergency without speeding. Here, an example could be a driver speeding to avoid a dangerous driving maneuver that could have resulted in death or injury to the driver or their passengers.
  • Driver and vehicle identity: The prosecution must demonstrate that the alleged speeder was driving the vehicle. Moreover, they must prove it was a particular vehicle that was speeding.

What To Say to the Judge for a Speeding Ticket

If attending court for a speeding ticket to fight the citation, consider the following tips:

  • Be honest: Always be completely honest when discussing the case in court.
  • Remain calm: Doing this helps individuals to clearly articulate themselves, which is key to providing a sound defense.
  • Offer a detailed explanation: This involves providing a thorough account of what happened, including the exact vehicle speed and the difference between the actual speed and the speed limit, weather and traffic conditions, and whether there was any visible signage advertising the speed limit.

Gain a more detailed understanding of the misconceptions related to speeding tickets and find out how a seasoned Virginia traffic law attorney can help individuals facing traffic offenses by arranging a consultation with Driving Defense Law.

How Can I Avoid Points on a Speeding Ticket?

Virginia makes use of a points system to rank drivers by their relative adherence to safe driving practices and frequency of traffic violations. Consider the following tips for avoiding points when given a speeding ticket.

Avoid Immediately Paying the Ticket

In most states, individuals typically have a minimum of 30 days to pay. Rather than immediately paying the fine, which admits guilt, drivers may wish to use this period to determine the available options.

Consider Asking for a Deferral

In a deferral, the court convicts the driver but defers its findings, usually for a year. Motorists who have no citations after this period can often get their ticket dismissed. On the other hand, those who do receive another speeding ticket within the one-year period can expect their insurance premiums to rise dramatically, as both tickets remain on the motorist’s record. The deferral process usually involves paying a fee. There may be a limit on the number of times someone can ask for a deferral, depending on the state.

Attend Traffic School

Sometimes, a court may give motorists the option to attend traffic school and complete a course in exchange for ticket dismissal. This requires the driver to pay court, administrative, and class fees. Some states impose limits on the frequency of using this option, such as once every 12 to 18 months.

Fight the Ticket

Fighting the ticket typically requires attending court so the driver can argue their case, either by themselves or with a lawyer’s assistance. Motorists can present evidence and call witnesses as part of their defense, with the aim of getting sympathy or creating sufficient doubt for the judge to dismiss the ticket.

Can You Argue a Speeding Camera Ticket?

While drivers can appeal a speeding camera ticket, it is worthwhile to consider whether this is appropriate. For instance, if the speeding ticket was a result of another individual cloning the motorist’s number plate, meaning it was not their vehicle that was speeding, then appealing the ticket is worthwhile.

A driver may also decide to argue a speeding camera ticket if, after reviewing the photo evidence included in the ticket, the driver spots that while it was their vehicle that was speeding, it was another person operating the vehicle. Motorists may also decide to argue a speeding camera ticket if they feel sure that they were not speeding and that they received the ticket due to a malfunctioning camera, requiring the police to provide evidence demonstrating that the camera was in working order.

Contact a Virginia Traffic Law Attorney Today

Rather than relying on these traffic violation misconceptions to escape traffic tickets, focus more on reducing the chances of getting a speeding ticket in the first place. In addition to reducing a driver’s risk of accruing demerit points and traffic offense convictions, maintaining safe speeds appropriate to both the posted limit and the current road conditions also helps improve highway safety; for example, in 2022, 441 people died in Virginia vehicle collisions associated with speeding, as indicated by the Virginia Department of Motor Vehicles. Individuals given speeding tickets may consider contacting a Virginia traffic law attorney from Driving Defense Law to help fight for their legal rights by calling (757) 929-0335.

A Guide To Calculating DMV Points

Written by john on . Posted in Uncategorized.

A Guide To Calculating DMV Points

Virginia uses a point system for rating drivers. Being aware of how the DMV assigns points can help individuals know what to expect and how to prepare for the future when facing a potential traffic violation conviction. Discover how to calculate DMV points and explore the available legal options when charged with a traffic offense by contacting a Virginia traffic law attorney from Driving Defense Law at (757) 929-0335.

DMV Points Explained

According to the Virginia Department of Motor Vehicles, the DMV assigns safe points for sound driving practices and demerit points to unsafe drivers, explained below.

Safe Points

Motorists receive a single safe driving point for every year that they have a valid driving license without suspensions or violations. A single driver may accumulate up to five of these points, which the DMV awards toward the beginning of April for the previous year.

Drivers can accrue five of these points by finishing driver improvement clinics. For drivers who receive a court order to complete such a clinic, whether they can accrue safe points depends on the court. If permitted, these motorists must provide the court with evidence of clinic attendance to gain these points.

Demerit Points

The DMV gives drivers demerit points when they receive a traffic violation conviction to identify and penalize high-risk motorists. These points remain on the individual’s record for two years after the date of the offense.

Drivers accrue additional demerit points each time they commit an offense, with more severe violations leading to a greater number of these points. Eventually, after accruing too many demerit points, a motorist might have their driver’s license suspended by the DMV.

What Happens When a Driver Is Convicted of a Traffic Offense?

Per the Virginia Department of Motor Vehicles, the court contacts the DMV in the event of a traffic violation conviction. The DMV then does the following:

  • Updates the driver’s record with the conviction
  • Adds demerit points to this record, with the number of points varying depending on the offense’s severity
  • Issues a suspension order if the offense is particularly serious
  • Potentially issues the driver with an order for completing a driver improvement clinic
  • Contacts the motorist’s insurer to inform them of the conviction

How Do You Find Out How Many Points Are on Your License?

Motorists who have been convicted of traffic offenses within the past two years may wonder, “How many points do I have?” Virginia drivers can determine the number of points they have by visiting the DMV’s website and logging into their profile.

How Many Points Do You Need To Suspend Your License?

The answer to this depends on the motorist’s age:

  • Aged 20 and over: These drivers can have their licenses suspended when they accrue 12 points or more within a year, or 18 points within two years, unless they complete a driver improvement clinic within three months. Motorists who collect 18 points within a year, or 24 points within two years, can expect an automatic 90-day suspension, and can only get their license reinstated by finishing a driver improvement clinic. 
  • Between 18 and 19: Motorists at this age must complete a driver improvement clinic when they receive demerit points. If they do not attend, they could receive a license suspension.
  • Under 18: If guilty of any traffic violation, drivers within this age bracket must finish a driver improvement clinic within 90 days to keep their license. Drivers of this age who gain two convictions receive an automatic 90-day suspension and, if they acquire three convictions, they either receive a one-year suspension or have their license revoked until they are 18.

Acquire a more comprehensive understanding of how to calculate DMV points and get help when facing traffic charges by arranging a consultation with a Virginia traffic law attorney from Driving Defense Law.

What Are 4 Points on Your License?

In addition to the speeding offenses listed below, here are examples of the types of traffic violations resulting in motorists receiving four points on their licenses:

  • Reckless driving: A number of actions may be charged as reckless driving, depending on the circumstances. Examples may include speeding in a construction zone or under hazardous conditions, and failure to stop before joining a highway.
  • Passing: Examples include passing another vehicle when it is not safe to do so or passing to the left of an oncoming vehicle.
  • Stopping and yielding: Not stopping for pedestrians or emergency service vehicles, not yielding when turning left, not yielding to funeral processions, and not yielding right-of-way are examples of these violations.
  • Keeping right: These offenses include not keeping right on streets or highways or when crossing intersections.
  • Following and signaling: Improper signaling, following other motorists too closely, or not signaling when pulling off a curb all result in four demerit points.
  • Railroad crossings: Such violations include not complying with a railroad crossing signal, such as by failing to stop at these crossings.

How Many Points Is Speeding?

The amount of demerit points given for speeding varies between offenses, as outlined below:

  • Three points: Motorists receive three demerit points on their record if they are found to have impeded traffic due to driving at a slow speed; the same number of points may be applied for driving between 1 and 9 mph over the speed limit.
  • Four points: Driving between 10 and 19 mph over the speed limit adds four demerit points.
  • Six points: Speeding over 85 mph, or at least 20 mph over the speed limit, leads to six points.

How Long Do DMV Demerit Points Stay on a Driver’s Record?

DMV demerit points stay on an individual’s driving record for two years after the offense date. Just because the DMV removes these points from a person’s record does not mean they also remove the conviction; these happen at different times.

Drivers can see how long traffic violation convictions remain on a person’s record by visiting the DMV’s website and looking at the value within the parentheses next to the violation. If there is an asterisk beside the violation, the conviction permanently remains on the motorist’s record.

Insurance Company vs DMV Demerit Points

Insurers sometimes assign drivers their own points to the individual’s insurance record when they receive notification of a traffic-related conviction. Individual insurance firms that do this develop their own insurance points systems to recognize risky drivers so they can adjust insurance premiums accordingly. These are completely separate from the demerit points issued by the DMV.

Contact a Virginia Traffic Law Attorney Today

Accruing DMV demerit points can be a cause of concern for drivers. Consider contacting a seasoned Virginia traffic law attorney to understand this point system more effectively and how it can impact a driver’s legal rights. Gain more knowledge about DMV points calculations and find out how Driving Defense Law can aid those facing possible traffic violation convictions by calling (757) 929-0335.

How To Prevent Your Teen From Driving And Texting

Written by john on . Posted in Traffic Infractions.

Distracted driving caused by texting is a serious issue, particularly for teenagers and young adults. While preventing your teen from texting and driving is critical in keeping them safe, protecting them when they are in the driver’s seat can be challenging. That is why we have prepared some tips for you to try the next time you are looking for ways to prevent your teen from driving and texting. If your teenager has already been stopped for driving and texting, and you want to review your legal options for supporting them, contact Driving Defense Law today at (757) 929-0335.

What Age Group Is Most Affected by Texting and Driving

The National Highway Traffic Safety Administration (NHTSA) reports that phone use is involved in 12% of all motor vehicle accidents on United States roadways. The Centers for Disease Control and Prevention (CDC) has also indicated that:

  • Texting or emailing while driving is more common among those around the age of 18
  • In the past 30 days, 39% of high school students who drove were texting or emailing while driving on at least one of those days
  • Individuals between 15 and 20 years old were more likely to drive distracted than drivers aged 21 and older

Stay Aware of Their Driving Habits

One way to help stop a teenager from driving and texting is to better understand their habits behind the wheel. Being a passenger in the car with them can allow a parent to see how they handle certain situations, such as receiving an urgent text or phone call. As a passenger, you can also encourage a teen to make any texts before they start the car, and if they do reach for their phones while driving, you can correct the mistake with clear instructions.

Educate Your Teen About Texting and Driving

While most adults understand the dangers of driving and text, some teenagers may not fully grasp the degree of risk involved in texting and driving, or the severity of the consequences for themselves and others. That is why one thing all parents should discuss with their teens before allowing them to take their license exam, and during the first few years of driving, is the dangers of cell phone use behind the wheel. Understanding not only the range of possible outcomes but just how likely they are may reduce their inclination to text while driving in the future.

Set an Example for Them

Teenagers are still mastering the skills needed for adult life, so they tend to learn by copying others. What they see is often what they will do. If they see their parents driving and texting, it will be hard for these same parents to justify why their teens should not engage the same behavior. For these reasons, be especially mindful that you do not text and drive in front of them. 

Similarly, if a parent knows their teen is driving, the parent should refrain from texting until they can expect the teen to have arrived at a safe location. These practices, while small, can end up helping a teen make better decisions as they are driving.

Identify Consequences and Stick to Them

Teenagers need to understand that the right to drive is contingent upon the driver’s adherence to the traffic laws. Parents are in a position to teach this lesson more gently than the local police, state troopers, or other law enforcement agencies who might stop a texting driver. Parents who become aware that their teens are driving and texting may wish to consider imposing consequences such as:

  • Taking the car keys away for a certain period
  • Taking away their phone
  • Making them responsible for paying for their own car insurance, especially if it has gone up due to a ticket

Try Out Phone Apps To Limit Texting and Driving

With today’s technology, there are many tech-based options to help stop a teenager from texting and driving. Some apps can disable a phone’s texting capabilities when the user indicates that they are about to be driving, or while the GPS senses motion commensurate with travel at highway speeds. These apps can be useful, but they only provide a temporary solution and do not stop a driver of any age from participating in other types of distracted driving behavior, such as personal grooming while driving or talking to friends in the car and not paying attention to the road.

Talk To Other Parents About Their Rules

If your teen driver’s friends are operating under rules regarding texting and driving similar to the ones imposed in your household, the entire friend group may be more likely to follow those rules. A teen who receives a text in the car while they are driving with friends, and knows their friends have the same rules they do for driving and text, may hesitate to respond to the text. A good friend may remind them that they should not text and drive.

Have Your Teen Understand the Laws Regarding Driving and Texting

According to the Virginia Department of Motor Vehicles, texting while driving is illegal in the state and can lead to a driving conviction that carries a fine of $125 for the first offense and a $250 fine for subsequent offenses. Additionally, if the person is driving and texting and is charged with reckless driving, it can lead to more severe consequences, including hefty penalties, a suspended license, and even jail time. 

Explaining these legal consequences to a young driver can underscore the point of how dangerous texting and driving can be and help prevent a teenager from taking part in this activity. If your underage teen has already been pulled over for driving and texting, and you want to understand their legal options and how to support them, consider discussing the matter with the experienced legal team at Driving Defense Law. 

Have Them Try a Professional Driving Course

A professional driving course can provide an inexperienced driver with highway safety lessons that go beyond the basics. These courses can help a teenager not only become a great driver, but also to better understand best practices for highway safety, including principles of motor vehicle operation and situational awareness, improved recall and implementation of the state’s traffic laws, and mental skills to help them drive distraction-free.

Teach Them How To Manage Emergencies Better

Teach your teenager to get to a safe place when they need to attend to an urgent text or call. One sound strategy is training them to pull into a parking lot or a gas station if they need to respond to someone on their phone instead of continuing driving and putting their life and others at risk.

Contact Driving Defense Law To Learn More About the Consequences of Texting and Driving

Teenage phone use at the wheel is a major concern for many parents of young drivers. Although the tips mentioned above can be useful in preventing this dangerous behavior, they may not always be successful in stopping it. If your teen has been pulled over for driving and texting, it is important for them to understand their options. Contact Driving Defense Law today by calling (757) 929-0335 and learn how our skilled traffic attorneys can assist you and your teenager.

norfolk virginia reckless driving lawyer steven thomas

Recent Dismissals & Reductions by Attorney Steven Thomas

Written by john on . Posted in Case Results.

Attorney Steven Thomas recently secured the following successful case results for our clients:
    1. Suffolk Aiding & Abetting Racing in early-June DISMISSED
    2. Suffolk Reckless Driving 75/45 in early-June DISMISSED
    3. Norfolk Reckless Driving 114/65 in mid-June JAIL TIME AVOIDED
    4. Virginia Beach Reckless Driving (Improper Brakes/Control) in mid-June DISMISSED
    5. Newport News Reckless Driving 111/60 in late-June DISMISSED
    6. Northampton County Reckless Driving 68/45 in late-June DISMISSED
    7. Suffolk Reckless Driving 58/35 in mid-July DISMISSED
    8. Currituck, NC Reckless Driving 73/55, REDUCED to Improper Equipment
    9. Virginia Beach Speeding in School Zone & Operating Vehicle with Phone in late-August, DISMISSED
    10. Chesapeake Reckless Driving 97/60 in early-September REDUCED to Improper Driving
Here are two recent reviews from Steven’s clients:
“I had my first speeding ticket in my 15 years of driving recently. Steven was very informative and helpful. I was very scared going into the court room and he put me at ease. He made the process so much easier. My reckless driving was brought down to a regular speeding ticket. I highly recommend!!”
“Best driving defense law firm in Virginia and I highly recommend them. I had a ticket for reckless driving and I randomly found them online. They talked me through all the process, guided me to what i needed to do. My ticket was reduced to improper driving and I ended up paying only the court fee. Steven was amazing and they definitely have knowledge of the law. Trust all their reviews.”
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.

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, Isle of Wight, Southampton, Hampton, Newport News, Accomack and Northampton.  Our traffic attorneys will evaluate your options and create a gameplan to dismiss or minimize your offense.  Contact now for a FREE case evaluation!

Is It Illegal To Drive Barefoot?

Written by john on . Posted in Uncategorized.

Is It Illegal To Drive Barefoot?

After a tiring day of wearing heels or dress shoes, a driver may be tempted to slide off their footwear and drive home barefoot. Traffic attorneys often hear the question: Is it illegal to drive barefoot? For the answer to this and other questions regarding Virginia traffic laws, call Driving Defense Law at (757) 929-0335 to schedule a consultation. 

In Which States Is Driving Barefoot Illegal?

Is it illegal to drive barefoot? While there are no laws against the practice, it may not be entirely safe. Every state has regulations in place to ensure the safety of drivers, passengers, and pedestrians on the road. Along with the other 49 states, Virginia does not have traffic laws specifically prohibiting barefoot driving. Still, it is essential to remember that driving without footwear can increase the risk of accidents.

Some believe that driving barefoot is more dangerous than driving with shoes. While a driver may not receive a ticket exclusively for driving barefoot, a citation could be issued if an accident occurs. While there is no law against barefoot driving, negligence laws come into play if an accident occurs due to a driver failing to exercise reasonable care. If a driver’s decision to drive barefoot leads to an accident, they could be found at fault for the collision under the Code of Virginia Code of Virginia § 8.01-34.

Will Driving Barefoot Affect Your Insurance Policy?

Many drivers may be concerned about being held legally responsible for something. Importantly, however, even activities that might not be illegal could affect an insurance claim. Some activities like eating or drinking while driving are legally permitted, but they can still be distracting and potentially lead to an accident. In some situations, the appearance of inattention could lead to an insurance company denying a claim, especially if the driver has been deemed at fault for the accident. Insurance companies have significant incentives to avoid paying out for a claim, and contending that a driver was not behaving responsibly while at the wheel can provide just such an opportunity. 

Why Driving Barefoot Is Not Recommended

Many activities that are not illegal may nonetheless be ill-advised. Driving barefoot is not recommended for several reasons:

Lack of Traction

Driving barefoot can reduce traction, as the driver’s feet directly interact with the pedals. This effect may be heightened in wet or slippery conditions, and can make it difficult to maintain vehicle control. Without the proper footwear while driving, you may be unable to apply the right amount of force on the brake pedal. Uncertain or uneven contact with the pedal can cause delayed or less effective braking, leading to accidents or collisions.

Increased Risk of Injury

Going barefoot in the car could increase the chances of experiencing a foot injury during an accident. Shoes can protect the feet from becoming injured from debris or sharp items on the floor. 

Limited Sensation

Shoes may provide an additional layer of cushioning when driving. However, it could be more challenging for someone to manage their driving motions without shoes. Even though driving barefoot may not be against the law, it can cause distractions. The vibrations, texture, and temperature of the pedals may cause the driver to lose focus on the road. 

Although it may not be against the law to drive barefoot in Virginia, wearing shoes while driving is a recommended practice for improving the driver’s personal safety and control of the vehicle. Closed-toe shoes with good traction and support are ideal for safe driving, as they offer the necessary grip, protection, and proprioceptive feedback to guarantee a secure driving experience. A knowledgeable Virginia traffic law lawyer at Defensive Driving Law may be able to give you more tips for safe driving practices. 

Driving With Various Types of Footwear

What about driving in sandals, heels, and socks? While in casual conversation the term “shoe” may be applied to any footwear that places a barrier between the sole of the foot and the ground during walking, in many formal contexts “shoe” traditionally means an item with a rigid sole and an upper that completely covers the foot. In determining the safest options for what to wear at the wheel, drivers need to consider not only whether to wear shoes, but which shoes to wear. 

Flip-Flops and Open-Toe Sandals

Many safety experts agree that sandals (or flip-flops) can lead to accidents on the road. This type of footwear does not secure the foot in the same way as a traditional closed-toe shoe. Flip-flops or thong-style sandals can easily slip off the foot and may get stuck under the gas or brake pedal, preventing the driver from fully controlling or maneuvering the vehicle. Once again, if a car accident occurred while the driver found to be at fault was wearing flip-flops, that individual may be accused of careless driving.

High Heels

High heels could be considered another type of hazardous footwear. Virginia has no law prohibiting them while behind the wheel, but they are not the safest option. Heels can prevent the drivers from making contact with the vehicle’s floor, and may make it difficult for the driver to position their foot at the correct angle to operate the pedals. In a situation that requires a sudden stop, the driver could miss the intended pedal, or make contact with the incorrect one. In addition, high heels often have slippery soles that may not provide a sufficient amount of grip.

Socks

Like driving barefoot, driving in socks is not illegal. Also like driving barefoot, driving in socks and causing an accident may lead to consequences. Some safety experts suggest that driving in socks could be more hazardous than barefoot driving. Socks can hold moisture, leading to a poor grip on the pedal. As a result, if an accident occurs, the driver could be liable for any damages or injuries.

What Happens if an Accident Occurred While Driving Barefoot

As in any accident, the driver must seek medical help and contact the proper authorities. Leaving the scene of an accident could result in criminal charges, pursuant to the Code of Virginia Chapter 8 § 46.2-894. Drivers are also advised to obtain all the relevant information, such as witness statements and accident reports. A driver who was barefoot should never admit fault at the accident scene. When that happens, it may have implications for the direction of the case. 

Contact a Car Accident Lawyer in Virginia

Is it illegal to drive barefoot in Virginia? The simple answer is no, but barefoot driving can nonetheless lead to serious consequences under the right circumstances. Causing an accident while driving barefoot could mean facing accusations of careless driving and leave the barefoot driver vulnerable to costly lawsuits. In addition, insurance companies may refuse to settle a claim if the driver was barefoot behind the wheel. Wearing the correct type of footwear can help to prevent these hassles down the road. If you have been involved in an accident while driving barefoot, contact the Virginia accident lawyers at Driving Defense Law at (757) 929-0335 or visit our website to schedule a consultation.

5 Safety Tips For Driving On Wet Roads

Written by john on . Posted in Uncategorized.

You may believe that speeding is only driving faster than the posted speed limit. However, drivers can also be cited for driving too fast for the traffic or road conditions at the time. If you are pulled over for speeding while driving on wet roads, you could be ticketed for reckless driving. How do you drive safely on wet roads? These five simple safety tips can help you avoid wet driving dangers and a reckless driving charge. If you have already been ticketed for reckless driving or are facing other charges as a result of driving in or after the rain, Driving Defense Law may be able to help. Set up a free case evaluation with one of our Virginia traffic law attorneys by calling (757) 929-0335 today. 

What Is Driving Too Fast for Traffic and Road Conditions?

Code of Virginia § 46.2-861 states that drivers can be guilty of reckless driving if they exceed “a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.” Because the language of the law is in this case broad, what is considered a reasonable or unreasonable speed is to some extent up to the discretion of the officer who pulls the driver over. 

When Can You Be Charged with Reckless Driving for Driving Too Fast for Road Conditions? 

A driver can be charged with reckless driving when an officer determines that the driver is driving too fast for the road or traffic conditions that currently exist. They may charge the driver with reckless driving when: 

  • An accident occurs as a result of driving too fast
  • Traffic is slowed due to an accident, and the driver has failed to adequately adjust their speed
  • The speeding incident occurs in a road construction zone
  • The driver takes a curve at an unsafe speed
  • The driver is driving at speeds unsafe given the type of road surface, especially on gravel
  • Other emergency conditions exist

The officer may also charge the driver with reckless driving in weather conditions that reduce sight distance or decrease tire traction or braking efficiency, such as fog, snow, ice, sleet, or rain. 

What Are Two Wet Driving Dangers Associated With Reckless Driving?

Many drivers mistakenly believe that driving on a wet road is no different than driving on a dry one. The water makes a huge difference, though. Two wet driving dangers that can occur if a driver is driving on wet roads at a high speed are: 

  • Hydroplaning: A layer of water gets between the vehicle’s tires and the road, causing the driver to lose steering and braking control. This often occurs in the first few minutes of driving, but can occur any time there is water on the road. 
  • Water in the brakes: If water gets into the vehicle’s brakes, it can reduce or eliminate their ability to stop the vehicle. Water may easily get into the brakes when driving through a puddle, especially if it the water is deeper than the driver expected. 

What Are the Penalties for Driving Too Fast for Traffic and Road Conditions?

Reckless driving is a Class 1 misdemeanor. As such, it carries significant penalties. If you are facing a reckless driving charge, Driving Defense Law may be able to assist you.

If convicted, the penalties for reckless driving may include: 

  • Jail sentence of one year
  • Up to $2,500 fine
  • Possible license suspension for 10 days to six months
  • Six demerit points on the driver’s license
  • Permanent criminal record
  • Increased vehicle insurance costs

Can I Get a Reckless Driving Charge Reduced to a Lesser Offense?

Depending on the circumstances surrounding the ticket, it may be possible to get the charge reduced or dismissed. Virginia Code § 46.2-869 states that if culpability is slight, the judge or prosecutor can charge the driver with improper driving instead of reckless driving. There are numerous factors that can affect getting these charges reduced, including having a previously clean driving record, showing the court that the infraction was a borderline case of speeding, taking a driving improvement course, and performing community service.

Tips for Safe Driving on Wet Roads

How do you drive safely on wet roads? Reducing speed is a good start, but there are additional steps you can take to ensure that you and the drivers around you are safe when driving on wet roads. 

Remember the 30-Minute Danger

Drivers may think the longer it rains, the more dangerous the roads become. While this may be true for hazards associated with water depth, the roadway surface is often its most dangerous in the first 30 minutes after rain begins. This danger is due to the oil on the roads mixing with the water and creating extremely slippery conditions. As the rain continues, the oil begins to be washed away, and the danger then becomes standing and rapidly rising water. 

Avoid Rapidly Rising Water

Rapidly rising water can sweep a vehicle away in an instant—and it only takes two feet of water to do it. Standing water and flooded streets may not look dangerous at first glance, but the water may be deeper than the driver realizes, especially if there are potholes that they cannot see. Additionally, flash flooding is unpredictable, and can turn a reservoir of standing water or a flooded street into rapidly rising water before the driver realizes what is happening. 

Keep Your Distance

Beginning with a driver’s first driver’s education class, drivers are taught to keep some distance between their vehicle and the vehicle in front of them. On dry roads, two to three seconds may be enough. When driving on wet roads, extend that time to allow yourself to have control of your vehicle. This allows extra time to stop or otherwise react to any unexpected events in front of you. 

Brake Cautiously

Many drivers brake late or hard. They know their vehicles and think they know exactly how long it takes to stop. When driving on wet roads, however, braking can be unpredictable. Braking too hard can cause the vehicle to skid, or even to hydroplane under the right conditions. Take the time to brake early and slowly. Remember that although it does not happen as often in newer vehicles, water can still get in the brakes and cause them to lose their stopping power.

Avoid Cruise Control

Many drivers who know they tend to speed rely on cruise control to avoid speeding. While this may be a good idea when the weather is sunny and dry, cruise control while driving on wet roads is a bad idea. Conditions change rapidly when the roads are wet, and cruise control does not allow the driver to have enough control to quickly slow down, much less stop. Instead, drivers should skip cruise control and keep a watchful eye on their speedometer to make sure they are driving reasonably for the weather.

Do You Need Assistance With a Ticket After Driving on Wet Roads?

Driving on wet roads can be dangerous. Even if you are being cautious, things can get out of your control before you realize it. If you have recently been ticketed for reckless driving or other charges related to driving in poor weather in the Chesapeake or Norfolk area, Driving Defense Law may be able to assist you. You may schedule a free case evaluation by calling (757) 929-0335 to discuss your legal options. 

Can You Refuse A Breathalyzer?

Written by john on . Posted in DUI.

From the moment you are pulled over on suspicion of driving under the influence (DUI) of drugs or alcohol, the officer will be looking for indications that prove you are intoxicated. From the questions they ask to the tests they want you to take, anything can potentially be used as evidence that you were operating a motor vehicle while under the influence. What should you do if the officer asks you to take a breath test? Can you refuse a breathalyzer? Drivers should be aware of when they can refuse a sobriety test and what the consequences of such a refusal may be. If you are facing DUI charges or charges from refusing to take a sobriety test, the Virginia traffic law attorneys at Driving Defense Law may be able to help. You may schedule a free case evaluation by calling (757) 929-0335. 

Can You Refuse a Sobriety Test in Virginia?

There are two different types of sobriety tests in Virginia: field tests and chemical tests. Field tests are tests such as walking toe-to-heel in a straight line and turning or lifting one foot, and balancing on the other foot. Chemical tests sample your breath, blood, or urine to screen for intoxicating substances. A field test does not provide conclusive evidence that a driver is intoxicated, but failing one may be used to allow the officer to request a chemical test. A chemical test provides a quantitative amount of alcohol or drugs in the driver’s system at the time the breath, blood, or urine was provided and tested. 

Field sobriety tests are not mandatory, and drivers may refuse them without facing legal penalties. A preliminary breath test (PBT), done with a handheld device on the roadside, is also not mandatory and may be refused without legal penalties. However, refusal to participate in these tests may result in being arrested. After arrest, the driver will be taken to the police station where they will be asked to take a breathalyzer again. This breathalyzer at the station falls under Code of Virginia § 18.2-268.2, which specifies that the act of operating a motor vehicle constitutes implied consent to a test of breath or blood to screen for intoxication when administered at the police station within three hours of arrest for certain driving violations. Refusal to take this test may result in legal penalties, including a suspended license. Drivers should be aware that they can still be convicted of DUI without breathalyzer or blood test results. 

Should You Refuse a Breathalyzer in the United States?

While all 50 states have laws regarding DUI, the specific regulations vary by state. In some states, both field sobriety tests and chemical tests, such as a breathalyzer, fall under implied consent. In these states, a refusal to take any test can often in legal penalties. In other states, such as Virginia, field tests and a roadside breath test do not fall under implied consent, while a breathalyzer in the police station does fall under implied consent. 

Can you refuse a breathalyzer? Refusing a roadside PBT may result in arrest, but it also limits the evidence against the driver for DUI. Without the results of a PBT, which are often unreliable if the machine has not been calibrated properly or recently, there may be insufficient evidence to charge the driver with a DUI. However, Virginia’s implied consent law establishes that a person arrested for certain traffic violations may be “required” to take a breath or blood test at the police station. Attempting to refuse this test may result in legal penalties, even if the driver is not charged with DUI. In other words, you may refuse a field sobriety test and a PBT, but we strongly recommend that you do not refuse a breathalyzer at the police station after arrest. If you are facing DUI charges or charges resulting from refusing a sobriety test, Driving Defense Law may be able to assist you. 

What Happens if You Refuse a Breathalyzer?

If a driver refuses to take a breathalyzer at the police station, they violate the implied consent law. A driver’s first violation of the chemical test compliance requirement is considered a civil offense, and may result in a one-year license suspension with no possibility of getting a restricted license. This suspension is in addition to any license suspension the driver may face if also convicted of DUI. 

The second and any subsequent refusals are charged as Class 1 misdemeanors. As such, the second and subsequent refusals may each result in a three-year license suspension, a jail sentence, and a large fine. These penalties are in addition to any penalties the driver may face if they are convicted of DUI as well. 

Can You Refuse a Blood Test for DUI?

A blood test is another chemical test. As with a breathalyzer, the results of a blood test indicate the amount of alcohol or drugs in a driver’s system at the time the blood was drawn and tested. Also similar to a breathalyzer, blood tests fall under Virginia’s implied consent law. The blood test functions in some ways as a secondary option in cases where the breath test is for any reason unavailable, or in which the accused is not physically able to submit to the breath test. This means that refusing a blood test carries the same penalties as refusing the breathalyzer at the police station. 

Penalties for Commercial Drivers

Commercial drivers pose an important exception to the general rules of chemical testing and implied consent. Per the Virginia Department of Motor Vehicles (DMV), if a commercial driver refuses a breathalyzer or blood test, they face a one-year disqualification for the first offense and a lifetime disqualification for the second offense. Additionally, if the commercial driver refuses while transporting hazardous materials, they will receive a three-year disqualification for the first offense. This disqualification from driving commercial vehicles will apply even if the driver is convicted of DUI and given a restricted license that allows them to drive while their license is suspended. 

Have You Refused a Breathalyzer?

Can you refuse a breathalyzer? On the side of the road, you can. At the police station, you cannot. Should you refuse a breathalyzer on the side of the road? While it may decrease the evidence against you, a refusal may lead to arrest and a breathalyzer at the police station. Drivers should carefully consider all the potential consequences before deciding whether to refuse a breathalyzer on the side of the road or at the police station. If you have refused a breathalyzer and are now facing charges as a result, with or without being charged with DUI, Driving Defense Law may be able to help. If you are in the Chesapeake, Norfolk, Portsmouth, Suffolk, Hampton, Newport News or Virginia Beach areas, you may call (757) 929-0335 to schedule a free case evaluation to go over your legal options.

Is It Legal To Text At A Redlight? 

Written by john on . Posted in Traffic Infractions.

Multitasking has become a badge of honor in today’s society. Being able to accomplish multiple operations simultaneously indicates efficiency and productivity, qualities that are culturally valued. However, when it comes to driving, multitasking is generally considered a bad idea. A driver who wants to make a quick call to the office to let their assistant know they are running late, or send a short text asking their partner to pick up milk on the way home, may think the action is harmless and only takes a few seconds. While it may be true that the text only takes a few seconds to draft and send, drivers should also consider: Is it legal to text at a redlight? Is it legal to text or call at any point when you are driving in Virginia? If it is not legal, what will happen if a police officer catches you? If you have questions about using your phone while driving or have been ticketed for texting while driving in Virginia Beach, Suffolk, or the surrounding area, the experienced traffic law attorneys with Driving Defense Law may be able to help. Call (757) 929-0335 to schedule a free case evaluation and learn more about your legal options. 

Is Virginia a Hands-Free State?

On January 1, 2021, Virginia became a hands-free state. Pursuant to Virginia Code Section 46.2-818.2, it is now illegal for drivers to hold a personal communication device in their hand while operating a motor vehicle. There are exceptions to this law, including emergency vehicle operators while performing official duties, drivers who are reporting an emergency, and drivers who are lawfully parked or stopped. 

What this law means is that drivers may still use all the features of their smart phones as long as they can use them in a hands-free mode. If a law enforcement officer sees a driver violating the hands-free law, the violation is considered a primary offense, and the driver can be pulled over solely for the cell phone use. The first violation results in a $125 fine, while second and subsequent violations result in a $250 fine each. If a driver violates this law in a highway work zone, the infraction incurs a mandatory $250 fine. Points are also issued to the driver’s license. 

What Makes Using the Phone While Driving Dangerous?

The Virginia Department of Motor Vehicles (DMV) classifies phone usage as distracted driving. Distracted driving can cause a driver to miss critical cues, events, or objects while driving, any of which can lead to a loss of control and potentially a significant accident. The DMV outlines three types of distracted driving. Each of these can apply to using a cell phone while driving if the driver is not in hands-free mode: 

  • Visual: The driver’s eyes are not on the road and instead are on another object, such as the phone’s screen.
  • Manual: One or both of the driver’s hands are off the wheel, as when holding a phone. 
  • Cognitive: The driver’s brain is split between two cognitive tasks, such driving and talking on the phone. Cognitive distracted driving often involves prioritizing the non-driving activity, such as a the phone conversation; this differential distribution of attention can lead to severely impaired driving. 

Can You Talk and Drive in Virginia?

Any hands-free use of the phone is legal in Virginia. Therefore, drivers are free to talk on their phones while driving as long as they do so without holding the phone in their hand. Drivers may talk on the phone or use voice commands to instruct the phone to perform actions (such as opening their GPS application and looking up an address). 

Any cell phone activity that requires the driver to hold their phone, or to use their hands to access or use the application, is a violation of Virginia law. Examples of these activities could include playing games or taking a photo or video. If you have been ticketed for using your cell phone, Driving Defense Law may be able to help you. 

Is It OK To Text at a Redlight?

Virginia’s law is rather broad, which leaves a lot open to interpretation. Is it legal to text at a redlight? Technically, a driver is lawfully stopped when at a redlight. By this interpretation, texting at a redlight would be acceptable. However, because the vehicle is still on the road, in traffic, with the driver’s foot on the brake, an argument can also be made that they are still driving. By that interpretation, texting at a redlight would be a violation of the law. 

Because of the broadness of the law and the ways in which it can be interpreted, it would be up to the discretion of the officer who sees a driver texting at a redlight whether to ticket the driver. In general, traffic attorneys recommend erring on the side of caution and not texting at a redlight. To ensure full compliance with the law, drivers should safely pull to the side of the road or into a parking lot before texting.

Can a Driver Drive With One Earbud in Their Ear in Virginia?

Drivers may be tempted to use earbuds, wraparounds, or headphones to carry on a phone conversation hands-free. Virginia Code Section 46.2-1078 states that it is illegal to use anything on or in both ears while operating a motor vehicle. The law does not state that drivers cannot use an earbud or other listening device in just one ear, so technically, it is legal to drive with a single earbud in the driver’s ear in Virginia. 

Driving with one ear blocked by an earbud is hazardous, however. The earbud blocks the driver’s ability to hear traffic and other sounds around them that they need to hear so they know what is happening and where it is happening. Therefore, as a best practice it is recommended that drivers not drive with an earbud in one ear. Instead, drivers may want to use the speakerphone option on their phones or use Bluetooth to connect their phone to their car.

Have You Been Ticketed for Texting at a Redlight?

Is it legal to text at a redlight? There is no certain answer to that question because the law is currently ambiguous. This is why drivers ticketed for texting at a redlight may want to consider contesting the ticket. While there are no guarantees that you will get the ticket dismissed, it may be worth the effort to try. Consider scheduling a free case evaluation with the knowledgeable traffic law attorneys with Driving Defense Law at (757) 929-0335.