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Author: john

What is the Difference Between an Infraction and a Misdemeanor in Virginia?

Written by john on . Posted in Reckless Driving.

You might be confused what exactly a traffic offense is. There are two main types of traffic offenses: an infraction and a misdemeanor.

Usually what you think of in regard to a traffic offense is a simple infraction that is usually penalized with a fine and points on a person’s driving record. Some traffic infractions include speeding and running a red light, all of which are punishable by a fine and points on your record.

In Virginia there are a few traffic offenses that are to be charged as a misdemeanor. Some of these being reckless driving and driving on a suspended license. Misdemeanors carry a heavier punishment which can result in jail time and will appear in a criminal background check.

If you are holding a ticket for a traffic offense it is important to know whether you are facing an infraction or a misdemeanor. This is one reason why a reckless driving charge is so significant in Virginia. Reckless driving carries potential jail time and will show up on a criminal background check. There are many ways to fight a reckless driving charge to eliminate or reduce the charge. Contact our office today for a free case evaluation. Our attorneys have experience in courts throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Isle of Wight, Hampton, and Newport News.

traffic lawyer norfolk virginia

Three Essentials of Traffic Stop Etiquette

Written by john on . Posted in Traffic Resources.

According to The Stanford Open Policing Project, more than 20 million motorists every year are pulled over. If you find yourself being pulled over, here are three essential tips to keep in mind:

1. Pull over safely

If you see those flashing lights behind you, pull over your vehicle as soon as you can. You should pull off to the right side of the road and turn of your car.

In addition to pulling over, you might want to turn on your hazard lights so as to alert other drivers that you are pulling over.

Whenever an officer is behind you with flashing lights, it is always a good idea to pull over, even if you are unsure about the reasoning for the stop. Pulling over will show the officer you are aware of your surroundings and that you are willing to be cooperative.

2. Remain in the car

Unless the officer has directed you to exit the vehicle, remain in your car, with your hands on the steering wheel. Be sure to fully roll down your window when the officer approaches the vehicle. Once the officer has greeted you. you will be asked to present your driver’s license and vehicle registration.

3. Be Respectful

You might be confused as to why you were pulled over, maybe even irritated as you have things to do, but it is very important you remain calm and act respectful towards the officer. Acting otherwise could lead the officer to escalate what was once a simple stop.

Being respectful toward the officer can also be helpful towards your case. Sometimes the officer will issue you a warning instead of a ticket. Regardless of what the officer does, always remain respectful because if you end up in front of a judge, everything will be repeated to the judge.

Remember, no one likes getting pulled over but following these few tips will help make the process go smoother. Police officers are human too so be respectful, it might even reduce your penalty.

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. 

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.  Call now for a FREE case evaluation!

Sources:

Findings – The Stanford Open Policing Project

norfolk virginia reckless driving lawyer steven thomas

Recent Dismissals, Reductions and Case Outcomes

Written by john on . Posted in Case Results.

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.

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

  1. Norfolk Reckless Driving 95/55 in mid-March, reduced to speeding.
  2. Norfolk Reckless Driving 70/35 in mid-March, reduced to defective equipment (0 point violation)
  3. Norfolk Reckless Driving 109/55 in late-March, jail sentence avoided.
  4. Williamsburg Reckless Driving 106/65 in early-April, reduced to Improper Driving infraction
  5. Suffolk Reckless Driving 63/35 in mid-April, DISMISSED.
  6. Virginia Beach Reckless Driving General (suspected 130+ mph), DISMISSED.
  7. Newport News Reckless Driving 90/60 in early-May, reduced to speeding.
  8. Virginia Beach Reckless Driving 85/55 in mid-May, reduced to speeding.
  9. Two (2) Norfolk Failure-to-Yield tickets in mid-May, both resulting in Accidents, DISMISSED.

One of Steven’s clients sent the following feedback:

“This team helped me out exponentially well. From day one they were kind and supportive. I must admit I was terrified since this was my first time ever getting trouble with my driving record, but I was calmer once they gave me pointers and advice on how to improve my situation and minimize damage. Overall I was happy with their defense how they touched base with me to verify my progress on the advice they gave me. Please use this team if you have any doubts!”

-Recent Client

 

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. 

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.  Call now for a FREE case evaluation!

Virginia beach courthouse

Virginia Beach Courthouse Profile

Written by john on . Posted in Courthouse Information.

Navigating the court system can feel intimidating, especially if it’s your first time dealing with a traffic or criminal matter. Each courthouse operates a little differently and knowing what to expect ahead of time can make the process far less stressful.

Below is a general guide to the Virginia Beach courthouse, along with practical tips to help you feel prepared before your court date.

Address:

2425 Nimmo Parkway
Virginia Beach, VA 23456

Hours of Operation:

8:00 AM – 4:00 PM


Traffic cases are heard daily at 8:30 a.m. and 11:00 a.m. in courtrooms A and B.

DUI related cases are heard daily at 8:30 a.m. and 11:00 a.m in courtroom C.

Contact Information:

(757) 385-8531

When Should I Arrive at the Courthouse?

Plan to arrive at least 20–30 minutes early before your scheduled court time. This allows enough time for parking, security screening, and locating the correct courtroom.

What Should I Wear to Court?

Business casual attire is recommended, if possible. Avoid the following:

  • Tank tops
  • Shorts
  • Clothing with offensive language
  • Sleepwear
  • Flip-flops
  • Hats (except for religious or medical reasons)

Members of the military may choose to wear their uniform; however, there is no specific statute requiring service members to do so. It is important to check with your command beforehand to confirm how they would prefer you to present yourself.

What Should I Bring to Court?

Bring a valid photo ID along with any documents or paperwork related to your case. Having these items ready can help avoid delays and ensure a smoother court experience.

Can I Bring My Phone to Court?

No, Virginia Beach does not allow cell phones or smart devices inside the courthouse. Items such as phones, smart watches, and tablets are prohibited past security.

Small lockers may be available for rent near the security entrance, but availability can vary. To avoid delays, it’s best to leave your devices in your vehicle before entering.

Where Can I Park at the Virginia Beach Courthouse?

There are two large parking lots available the Virginia Beach courthouse. is in two large lots off Nimmo Parkway. Both parking lots are located directly in front of the courthouse off of Nimo Parkway.

Changes Coming to a Virginia Road Near You!

Written by john on . Posted in Reckless Driving, Speeding.

This past September, Virginia’s Commonwealth Transportation Board successfully approved $672.4 million for various highway improvement initiatives all across Virginia. These initiatives fall under the Virginia Highway Safety Improvement program (VHSIP).

Virginia initiated the VHSIP in response to a 23% increase in the fatality rate for drivers from 2019-2020, and the 2021 vehicle fatality toll of 968. The Virginia Department of Transportation states that its Strategic Highway Safety Plan under the VHSIP is:

a data-driven, performance-based document aimed at ushering a Safe System approach in support of the Commonwealth’s goal that everyone should arrive at their destination safely.

As part of this initiative, the Commonwealth will be increasing traffic safety signs and signals at designated areas, distributing educational materials on driving safety, and increasing the enforcement of traffic violations – namely speeding. Stay up to date on additional changes by the VDOT by reading our blog!

You can do your part to promote safety on the road by obeying traffic signs & signals, keeping your phone down, and driving at or under the speed limit. If you do receive a reckless driving, speeding, or other traffic ticket – give our team at Driving Defense Law a call! We offer free case evaluations with attorneys who are dedicated to protecting you and obtaining the best possible outcome for your ticket.

Give us a call today and let your ticket be our problem.

              Sources:

              Strategic Highway Safety Plan – Arrive Alive – Info | Virginia Department of Transportation (virginiadot.org)Virginia traffic deaths are back up again. Can road safety improvements help? – Virginia Mercury

What is a DUI in Virginia?

Written by john on . Posted in DUI, Felony DUI, Repeat DUI.

A DUI (Driving Under the Influence) occurs when you operate a vehicle with a BAC (Blood Alcohol Concentration) of 0.08% or higher, or with detectable controlled substances in your system. Including:

  • 0.02 milligrams of cocaine
  • 0.1 milligrams of methamphetamine
  • 0.01 milligrams of PCP (phencyclidine)
  • 0.1 milligrams of MDMA (3,4 methylenedioxymethamphetamine)

What Are the Penalties for a First DUI?

First-time DUI penalties include:

  • Fines of $250-$2,500
  • Up to 12 months in jail
    • BAC of .15%-.20% – 5-day mandatory jail time
    • BAC of .20% or above– 10-day mandatory jail time
  • One-year license revocation
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

What Are the Penalties for a Second DUI?

Penalties for a second DUI in Virginia are more severe and vary based on how long it has been since your first conviction.

Second DUI within less than 5 years:

  • Fines of $500-$2,500
    • BAC of .15% or above– $1,000 minimum fine
  • Up to 12 months in jail, with a mandatory of 20 days
    • BAC of .15%-.20% – 30-day mandatory jail time
    • BAC of .20% or above– 40-day mandatory jail time
  • Three-year license revocation
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

Second DUI within 5-10 years:

  • Fines of $500-$2,500
    • BAC of .15% or above– $1,000 minimum fine
  • Up to 12 months in jail, with a mandatory of 10 days
    • BAC of .15%-.20% – 20-day mandatory jail time
    • BAC of .20% or above– 30-day mandatory jail time
  • Three-year license revocation
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

What Are the Penalties for a Third DUI?

A third DUI in Virginia is treated as a felony and also carries more severe penalties based on how long it has been since your last DUI conviction.

Third DUI within less than 5 years:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail
    • Mandatory of 6 months
  • Indefinite license revocation

Third DUI within 5-10 years:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail
    • Mandatory of 90 days
  • Indefinite license revocation

What Are the Penalties for a Fourth (or subsequent DUI)?

Penalties for a fourth or subsequent DUI include:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail
    • Mandatory of 1 year
  • Indefinite license revocation

What Should You Do After a DUI?

If you are charged with a DUI, take action immediately. Call a Driving Defense Law attorney at 757-929-0335 or book a consultation today to protect your rights, minimize penalties, and safeguard your driving privileges. Early representation can make a critical difference in the outcome of your case.

Traffic Defense Attorney Virginia

Non-moving v. Moving Violation in Virginia

Written by john on . Posted in Reckless Driving, Speeding.

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
Do you have a moving violation? Don’t pre-pay your traffic ticket, instead, contact us today for a free consult.

In Virginia, traffic violations are largely divided between moving and non-moving violations. Non-moving violations occurs when a traffic law has been violated that is unrelated to the car being in motion. Generally, these violations include those related to parking, safety violations, or expired registration. Non-moving violations usually carry a fine and will not put demerit points on your driving record.

On the other hand, moving violations are traffic offenses that most commonly include speeding, improper passing, reckless driving and more. These violations carry different punishments. For instance, a simple speeding ticket might bring a fine and 3 demerit points. However, if charged with reckless driving, you could be facing jail time, a fine, and demerit points.

In conclusion, non-moving violations are usually offenses that you will just want to pay the fine instead of hiring an attorney and acquiring court fees. However, if you are facing a more serious moving violation, consider contacting Driving Defense Law so we can discuss with you a gameplan regarding your offense.

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. 

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.  Call now for a FREE case evaluation!

Recent Case Results from Attorney Steven Thomas

Written by john on . Posted in Case Results.

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.

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

  1. Virginia Beach Speeding 80/55 in mid-December: reduced to 9mph over.
  2. Chesapeake Reckless Driving (Endangering Life/Limb) in early January: DISMISSED.
  3. Suffolk Reckless Driving 66/46 in mid-January: DISMISSED.
  4. Virginia Beach Reckless Driving 77/55 in mid-January: reduced to simple speeding.
  5. Virginia Beach Reckless Driving 90/55 in late-January: reduced to Improper Driving infraction.
  6. Virginia Beach Reckless Driving 90/55 in early-February: deferred judgment (dismissal in 6 months).
  7. Portsmouth Speeding 40/25 in early-February: DISMISSED.

One of Steven’s clients sent the following feedback:

“Steven is hands down the BEST driving defense attorney out there! Thanks to him, I was able to get my reckless driving charge deferred. This was a way better outcome than I was expecting and I could not have done it without him. Steven not only makes sure your case gets the best outcome, but also is there every step of the way. I would not choose anyone else to be my attorney and I highly recommend him to anyone!”

 

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. 

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.  Call now for a FREE case evaluation!

Reckless Driving Lawyer Norfolk VA

Virginia’s “MOVE IT” & “MOVE OVER” Laws

Written by john on . Posted in Traffic Resources.

Have you ever changed lanes to stray clear of a parked police car on the highway? Or perhaps seen two drivers involved in an accident move to the shoulder? These are not only acts of courtesy toward other drivers or law enforcement officers, but requirements of the law.

Virginia has two important laws with the nicknames “Move It” and “Move Over” that address both scenarios. Under Virginia’s “Move It” law, if a driver experiences an emergency, accident, or breakdown of their vehicle, they must move the vehicle from the road to “prevent obstructing the regular flow of traffic” only when the driver is “capable of safely doing so.” Va. Code Ann. § 46.2-888.

Under Virginia’s “Move Over” law, drivers who approach stationary law enforcement vehicles with lights flashing must make a lane change away from the parked vehicle, if the driver is on a highway with at least four lanes. Va. Code Ann. § 46.2-861.1. If a driver is on a highway with less than four lanes, or a lane-change would be unreasonable/unsafe, then the driver must “proceed with due caution and maintain a safe speed.” § 46.2-861.1.

The consequences for failure to change lanes or proceed with due caution under the “Move Over” statute vary depending on the type of stationary law enforcement vehicle. If the law enforcement vehicle is one belonging to the National Guard, Department of Corrections, or other State agency vehicles approved by the State, then failure to change lanes classifies as reckless driving. § 46.2-861.1(B). If the stationary vehicle is state or local law enforcement, fire department, EMS, or other utilities, then failure to move over would result in a simple speeding ticket.

If you have received a ticket for violation of the “Move It” or “Move Over” laws, or any other speeding or reckless ticket, contact the attorneys at Driving Defense Law today. Our attorneys will work with you and attempt to obtain a dismissal or reduction of your charge. We serve Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Isle of Wight, Hampton, Newport News, Northampton, Accomack and beyond.

It is our privilege to serve you and protect your legal rights! Call now for a FREE case evaluation.

Steven Thomas - Driving Defense Law Attorney

Recent Dismissals & Reductions by Attorney Steven Thomas

Written by john on . Posted in Case Results.

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.

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

  1. Suffolk Reckless Driving 85/55 in mid-November, reduced to $100 fine
  2. Norfolk Reckless Driving 86/55 in mid-November, dismissed.
  3. Portsmouth Speeding 60/35 in late-November, reduced to $30 fine.
  4. Portsmouth Failure to Safely Change Lane in late-November, dismissed.
  5. Virginia Beach General Reckless Driving 3-car accident, reduced to $100 fine.

One of Steven’s clients sent the following feedback:

“Steven Thomas is now my traffic attorney on speed dial! He walked into our court and took care and dismissed my case in just under 45 minutes! Greatly appreciated & recommended”

At Driving Defense Law, we are ready and prepared to defend your rights and zealously advocate on your behalf. 

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.  Call now for a FREE case evaluation!