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Military members discuss their license suspensions in front of vehicles.

License Suspensions And Military Members: Navigating The Legal Process

Written by john on . Posted in Uncategorized.

A license suspension can negatively affect virtually any career, including a military career. Servicemembers in Virginia may lose the right to operate a range of military and civilian vehicles after a license suspension, and a revocation of these privileges applies to both on and off-base driving. Resolving a license suspension makes more sense than continuing to drive without proper authorization, a risky endeavor that can lead to increasingly serious consequences. Servicemembers have the option to work with experienced traffic ticket defense lawyers in Virginia and address their suspended licenses. Contact Driving Defense Law today at (757) 929-0335 to discuss the legal process ahead. 

Why Might My License Be Suspended in Virginia?

The Virginia Department of Vehicles lists many reasons for a potential license suspension. One of the most common reasons is failing to pay certain fees – including uninsured motor vehicle fees and child support. However, it is now impossible to face a license suspension simply for failing to pay fines – including traffic tickets. Unpaid toll fees can still lead to suspensions. Drivers may also face license suspensions if they fail to properly insure their vehicles. 

Reckless driving convictions can lead to license suspensions, and drivers may also lose their licenses for providing alcohol to minors or intoxicated people. In addition, drivers may lose their driving privileges if they accumulate a certain number of “demerit points” on their licenses. Finally, a driver might face a suspended license while suffering from mental or physical conditions that impair their ability to drive. 

Military Licenses and Civilian Licenses Are Not the Same

When dealing with license suspensions, it is important to distinguish between military licenses and civilian licenses. While most soldiers possess both, it is technically possible to drive military vehicles without first obtaining a civilian license. There are numerous accounts of soldiers (usually teenagers) driving military vehicles such as Strykers before learning how to drive a car. There are even known cases of tank drivers in the US Army who have never driven a car. 

According to the Department of Defense, a soldier may lose their military driving privileges for various reasons. They may be stopped by law enforcement personnel on military bases (military police) – either while driving a normal vehicle or a military vehicle of some kind. During these stops, on-base law enforcement may confirm that the driver is authorized to operate the specific vehicle in question – whether it is a tank, armored personnel carrier, or passenger sedan. Law enforcement may also determine possible intoxication levels with blood, breath, or urine tests. In the case of a violation, the installation commander may impound the vehicle, suspend on-base driving privileges, or both. 

A Civilian License Suspension Causes Military Suspension

The Army Driver and Operator Standardization Program states that if a soldier has their civilian license suspended, the Army will automatically suspend their military license as well. In the Army, this license is called an “OF 346” or a “DA Form 5984.” A suspended civilian license will make it impossible to drive any motor vehicle on-base, including military and civilian vehicles. This highlights the need to work with an experienced traffic ticket defense lawyer in Virginia after a civilian license suspension, especially for soldiers who focus on operating military vehicles. Military members might consider contacting Driving Defense Law after a civilian driving license suspension for further guidance. 

What Happens if I Drive on a Suspended License?

The consequences of driving on a suspended license depend on various factors. First, the military (not civilian police) generally enforces consequences for soldiers who drive with suspended licenses on-base. Driving on a suspended license is unlikely to result in a court-martial, but it can still lead to Article 15 punishments. While a court-martial is equivalent to a criminal charge in civilian life, an Article 15 punishment is more like a non-criminal infraction. That being said, Article 15 penalties can still be quite serious – and it is possible to lose driving privileges for years after driving on-base with a suspended license. 

Can I Fight a Suspended License While in the Military?

Drivers may be able to resolve their Virginia license suspensions in various ways. The most appropriate action plan depends on the circumstances of the suspension, and some methods may be easier than others. For example, the license suspension may have been caused by a clerical or database error – and a quick phone call could resolve the issue. Some drivers may be able to address their suspensions by paying outstanding fees, such as child support or tolls. Others can renew expired insurance to get their licenses back. Often, these mistakes are purely accidental and easily fixed. 

Other strategies may be more complex. If a soldier accumulates too many demerit points, they may need to fight the ticket that pushed them over the edge. For example, a speeding ticket in Virginia is generally a 3-point offense. If a soldier successfully fights that ticket, they may be able to push their demerit points down to acceptable levels and recover their driving privileges. The same logic applies to fighting a reckless driving conviction in Virginia. 

Fighting a Military Driver’s License Suspension

If a soldier specifically loses their military driving license (OF 346 or a DA Form 5984), they may need to focus on the circumstances of the situation. For example, they may have faced consequences for crashing an armored personnel carrier into a wall. However, a lawyer who has experience with military justice may be able to raise an effective defense. Perhaps the soldier was never properly trained to operate the armored personnel carrier, and they were forced to get behind the wheel by an ill-informed superior officer. 

Contact the Experienced Military License Suspension Attorneys at Driving Defense Law Today

A license suspension has the potential to affect military careers, but there is no need to simply sit back and allow these consequences to occur. Military members may be able to resolve this issue, and the most appropriate response plan depends on the unique factors at play. After online research, service members may discuss their specific circumstances alongside an experienced license suspension lawyer in Virginia. Remember, the penalties for driving on a suspended license can be severe in both the military and civilian life. Learn more about your legal rights after a license suspension as a military member with an experienced attorney at Driving Defense Law, and consider calling (757) 929-0335 to get started with a consultation. 

Recent Dismissals & Reductions by Attorneys Madeline Loving and Steven Thomas – September & October 2024

Written by john on . Posted in Case Results.

Attorney Madeline Loving secured the following successful case results for our clients in September & October:

  • Reckless Driving 78/55 – REDUCED to Improper Driving
  • Improper Lane Change- DISMISSED
  • Reckless Driving 77/55- NOT GUILTY
  • Reckless Driving 90/55- DISMISSED
  • Reckless Driving 60/35- REDUCED to Simple Speeding
  • Speeding 76/55- DISMISSED WITHOUT COSTS
  • Reckless Driving (Driving Too Fast For Conditions) – REDUCED to Improper Driving
  • Reckless Driving (General) – REDUCED to Improper Driving
  • Reckless Driving 88/60- REDUCED to Simple Speeding
  • Speeding 71/50- REDUCED to Speeding 1-9mph over
  • Reckless Driving 85/55- REDUCDED to Speeding 20mph over
  • No Drivers License- DISMISSED
  • Improper Lane Change (Commercial Drivers License) – NOT GUILTY
  • Reckless Driving 80/55 (Commercial Drivers License) – REDUCED to Simple Speeding

 Here are recent reviews from Madeline’s clients:

  • “I had a GREAT experience with Madeline Loving at Driving Defense Law while dealing with my speeding ticket. I spent time looking for a good law office to help with this matter. From our first consultation they were professional, communicative, and knowledgeable. Thanks to Madeline, my ticket was DISMISSED! I appreciate her tremendously. If you are ever in the same situation, I would recommend this law firm and this lawyer.” –David, Google Review
  • “Word cannot express my gratitude to Madeline Loving, as my lawyer. My daughter and I were involved in a terrible car accident. And though I believed we were victims of road rage; I was issued a ticket. Madeline and her law firm’s expertise and professionalism gave me the reassurance and confidence that my case will have the outcome to prove that I should have not been issued a ticket. Madeline’s expert knowledge of the law and her compassion for her clients exemplifies the “Art and Science of the law.” My ticket was dismissed, including court cost! – Thank you, Madeline and Driving Defense Law Team” – Michelle, Google Review 

Attorney Steven Thomas secured the following successful case results for our clients in September & October:

  • Drunk in Public and Reckless Driving (General)- DISMISSED
  • Reckless Driving 83/55- REDUCED to Speeding
  • Driving without Motorcycle Endorsement- DISMISSED
  • Reckless Driving 70/45- DISMISSED
  • Following Too Closely and No Insurance- DISMISSED and NOT GUILTY
  • Speeding 71/55 – REDUCED to Defective Equipment
  • Failure to Yield – DISMISSED
  • Reckless Driving 69/45- REDUCED to Improper Driving
  • Reckless Driving 86/60- REDUCED to Improper Driving
  • Reckless Driving 82/55- DISMISSED
  • Reckless Driving (General)- REDUCED to Improper Driving
  • Reckless Driving 83/55- REDUCDED to Improper Driving

Here are recent reviews from Steven’s clients:

  • “I called a few different attorneys before deciding on Steven. Everyone in his office was professional, helpful and incredibly personable, which I really appreciated during a very difficult time. He is a very motivated, skilled and thoughtful attorney who will be passionate about your case and getting the best outcome for you.” –Candace, Google Review
  • “Ask for/request: Steven Thomas, DWI Attorney! Both, Steven and his admin staff were truly an amazing team. Their communication and partnership is admirable. My first DUI went to trial and Steven kept his promise to me when he said he’ll do his best and that he’s got my back! My DUI charge was dropped! Steven came to trial so organized to the fact that even the judge had to take time to compliment his sufficiency. I would recommend Mr. Thomas to anyone facing a DUI/DWI charge because he will do his best to fight for his client until there’s nothing left to fight for. Recommend 10/10!” –Natayvia, Google Review
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!
Caucasian male in hooded sweatshirt fleeing on foot, pursued by uniformed police officers; eluding the police.

Legal Defenses Against Eluding The Police Charges

Written by john on . Posted in Eluding.

Eluding the police is a serious offense that can carry significant penalties, including fines, jail time, and a permanent mark on your criminal record. If you find yourself facing charges of eluding the police in Virginia, understanding the potential defenses that may be available in your case may help you to make informed decisions about how to proceed. A skilled criminal defense attorney with Driving Defense Law may be able to review your case and help you evaluate your legal options. Our firm offers free case evaluations throughout Virginia, so give our central Norfolk office a call today at (757) 929-0335.

What Is the Charge of Eluding Police in Virginia?

Drivers often follow instructions from law enforcement personnel without giving their own obedience much thought, for instance when awaiting the hand signals of a police officer “waving traffic” to prevent further injuries at the scene of a crash. In reality, however, Virginian motorists are required by law to comply with the directions of law enforcement officers when operating their vehicles on the state’s roadways. A driver who fails to act promptly in response to a law enforcement officer’s signaled instructions – whether visual or verbal – may be charged with a violation of § 46.2-817 of the Code of Virginia. Known variously as “disregarding signal by law-enforcement officer to stop” and “eluding police,” an alleged violation of § 46.2-817 constitutes a serious charge with limited options for legal defense and steep penalties in the case of a conviction.

“Willful and Wanton” Disregard

An individual who ignores a visual or audible signal to stop from a law enforcement officer and continues driving may be charged with eluding the police if the driver willfully and wantonly ignores the signal. Under § 46.2-817(A), the driver may also be charged with a violation if he or she departs the vehicle but, instead of surrendering to law enforcement, attempts to flee the scene on foot; § 46.2-817(B) does not include provisions for suspects fleeing on foot, but addresses two additional contingencies:

  • The driver’s interference with the operation of the law enforcement vehicle
  • The driver’s endangerment of other persons during the attempt to elude police

The “willful and wanton” qualification for a driver’s “disregard” of a signal from law enforcement personnel to stop can be important in the construction of a legal defense against eluding the police charges if the driver is able to make the case that he or she did not realize the signal to stop was directed at him or her; note that this defense may become somewhat more difficult to support if the driver left the vehicle and continued on foot, as prosecutors (and potentially courts) may take the switch as evidence that the individual in question was aware of the pursuit and left the vehicle in an attempt to “lose” the officer or officers.

Mandatory License Suspension – Minimum Requirements

Regardless of whether the individual departs the scene in the vehicle or on foot, once charged the driver will face significant penalties if convicted, including a mandatory suspension of his or her driver’s license. The minimum suspension period is 30 days unless the maximum speed attained by the driver during the chase reaches 20 miles per hour above the legal speed limit. Violations of § 46.2-817(A) or § 46.2-817(B) in which the driver is convicted of having, during the chase, exceeded the posted speed limit by at least 20 miles per hour have their mandatory minimum period for suspension of driver’s license increased to 90 days.

Severity of Charges for Eluding the Police

Violations of Va. Code. Ann. (2023) § 46.2-817(A) are charged as Class 2 misdemeanors. Although, unlike paragraph (A), Va. Code. Ann. § 46.2-817(B) does not include a provision for charges of eluding the police on foot, (B) applies Class 6 felony charges to drivers who meet the “willful and wanton” criteria in their refusal to obey a signal from an officer of the law to stop, and proceed to operate their motor vehicles in ways that either impede the normal operations of the law enforcement vehicle or endanger other persons (whether law enforcement personnel or bystanders to the incident). § 46.2-817(C) escalates the severity of the charges to a Class 4 felony if the law-enforcement officer is killed as a “direct and proximate” result of the pursuit – but the increase in severity is applied only if the defendant is convicted of violating § 46.2-817(B).

Affirmative Defense to Eluding Police Charges

Anyone charged with a crime in the United States has the right to a legal defense, which may be prepared and presented by an attorney if the defendant chooses to exercise his or her Constitutional right to legal counsel. In most instances, the preparation of a defense in criminal cases where the defendant wishes to plead “not guilty” will consist largely of collecting and analyzing evidence that raises doubts about whether the defendant actually committed the crime of which they are accused. Occasionally these defense preparations may involve gathering evidence of extenuating circumstances to show that the defendant should not be held responsible for all of the consequences stemming from their alleged acts.

What Is an “Affirmative” Defense?

There are a few situations, however, in which the law provides for the possibility of what is known as an “affirmative defense.” An affirmative defense, according to Cornell Law School’s Legal Information Institute (LII), is one which negates the criminality of the defendant’s alleged actions in a criminal case, or the defendant’s legal responsibility for torts in a civil trial. In a criminal case, an effective affirmative defense will mean that the defendant is absolved of the charges even if the prosecution succeeds in proving that the person on trial actually committed the acts of which they are accused. Given the extraordinary potential of affirmative defenses, it is no surprise that they are held to a higher standard than most other defense strategies, in civil or criminal courts: The defense holds the burden of proof for showing that the affirmative defense applies, in much the same way that the prosecution or plaintiff normally holds the burden of proof for showing that the defendant really did what they are accused of doing (in a criminal trial) or really owns legal responsibility for the plaintiff’s damages (in a civil action).

Pursued by a Person Other Than a Law-Enforcement Officer

Paragraphs (A) and (B) of Va. Code Ann. (2023) § 46.2-817 both explicitly provide for an affirmative defense. The affirmative defense is the same in either case and is based on acknowledgment of the possibility of misrecognition under the often unpredictable conditions of the real world. The bar is set high, but defendants who can show that they reasonably believed themselves to have been fleeing pursuit by someone other than a law enforcement officer have an affirmative defense under Virginia law. For obvious reasons, this affirmative defense will not be an appropriate legal strategy in all circumstances, so consider reviewing your case with an experienced Virginia traffic defense attorney from Driving Defense Law before you move forward with your legal defense.

Other Legal Defenses

When the affirmative defense of believing oneself to be pursued by someone other than a law enforcement officer is not available, there may still be other legal defenses available. The “willful and wanton” disregard requirement may prompt a defense attorney to argue that the defendant was unaware of the law enforcement officer’s signal, or that the defendant recognized the signal but understood it to be directed at someone else. Other legal defenses may also be appropriate, depending on the circumstances, so you may wish to speak with a Virginia defense lawyer before you enter a plea.

Consult With a Virginia Defense Attorney to Learn Your Legal Options After Eluding Police in Virginia

Eluding the police charges in Virginia can range from a Class 2 misdemeanor to a Class 4 felony and carrying commensurately stiff penalties in the event of a conviction. Mounting effective legal defenses against charges of eluding the police can be difficult, and the strategies that make the most sense will depend on the particulars of your situation. Consider scheduling a free case evaluation with an experienced Virginia attorney from Driving Defense Law to review the details of the prosecution’s case against you and discuss your legal options going forward. Call our Norfolk office from anywhere in Virginia today at (757) 929-0335 to speak with a member of our team.

Soldier drinking beer at home, gazing into the distance; concept for DUI in the military.

Overview Of Laws For DUI/DWI In The Military 

Written by john on . Posted in DUI.

Being accused of DUI in the military can be an alarming experience. If this happens to you, you will likely have numerous questions about the potential impact of DWI in the military on your career in the armed services. The answers to those questions may depend in part upon the circumstances of your arrest, and whether the charges against you are filed in civilian court vs. referred for a military court-martial. An experienced military DUI lawyer with Driving Defense Law may be able to help you review the charges and help you to understand the factors that may be pertinent in your case. Call 757-929-0335 today to schedule a free consultation with our team.

What Happens If You Get a DUI in the Military?

Being charged with driving while intoxicated (DWI) while serving in any branch of the United States military can lead to a number of different outcomes, depending on the circumstances. Generally speaking, “drunk driving” cases charged under the Uniform Code of Military Justice (UCMJ) will be tried by court-martial. 10 U.S.C. § 809 Art. 9 precludes restraint without probable cause, whereas § 812 Art. 12 prohibits punishment prior to conviction, so in some respects, the process between arrest and trial for DWI in the military under the UCMJ may not be as different as the procedures attendant to the civilian justice system as one might think. The court-martial itself, however, may differ significantly from the structure and procedures of a criminal trial in a Virginia court.

For this reason, the overall shape of the proceedings, as well as their eventual outcome(s), may depend to some extent on whether the case is to be heard in a civilian court vs. adjudicated by a court-martial. The commanding officers of United States military installations located on domestic soil are enjoined to establish protocols for cooperating with local civilian law enforcement authorities. Although the specific procedures for information-sharing and handling details related to charges filed against military personnel resulting from conduct observed, or arrests made, off the grounds of the military base may differ somewhat depending on the installation commander’s approach, the laws of the state in which the base is located, and even the relative severity of the charges themselves under that state’s laws, in general an individual charged with DUI in the military in a civilian court can expect their commanding officer to collaborate with the local authorities in making the defendant available for a hearing and, in the event of a conviction, in providing a path to implementation for whatever punishment(s) the civilian court sees fit to impose.

DWI in the Military Charged in Civilian Court vs. Military Court-Martial

Charges for DUI in the military under the UCMJ may be filed somewhat differently depending on whether the incident pursuant to which the charges are filed is alleged to have taken place while the defendant was on duty, as “drunk on duty” is a separate court-martial offense under 10 U.S.C. §912.Art.112. “Drunken or reckless operation” of any of several types of motorized transports used for travel by land, sea, or air, is similarly a court-martial offense under 10 U.S.C. §912.Art.113 – raising the possibility of overlapping charges, depending on the circumstances of the case. If you are accused of one or both of these very serious offenses, consider scheduling a consultation to speak with an experienced DUI defense attorney right away.

For individuals charged with DUI while operating their personal vehicles on state or local roads during their “liberty” hours, the important procedural considerations are more likely to be determined by the laws of the state in which the charges are filed. § 18.2-266 of the Code of Virginia makes it “unlawful” to drive a car or “operate” any vehicle while under the influence of any of several controlled substances enumerated in the statute. § 18.2-270 categorizes a violation of § 18.2-266 as a Class 1 misdemeanor punishable by fine, in the absence of any aggravating factors, such as repeat offenses or a blood alcohol content (BAC) higher than 0.15. The mandatory minimum fine for a DUI conviction under § 18.266 is $250, but a conviction compounded by factors listed under § 18.2-270 can carry a jail sentence of five to 10 days, depending on the BAC determined by a “scientifically reliable” test.

Is a DUI in the Military a Dishonorable Discharge?

One of the most noticeable differences between “military justice” and most civilian charging and sentencing guidelines is the degree of discretion a commanding officer wields over whether, and how, to charge offenses committed by officers or enlisted service members under their command, according to the United States Department of Defense (DoD). Minor infractions may even be handled as disciplinary matters subject to nonjudicial punishment at the commanding officer’s discretion, pursuant to UCMJ § 815. DUI in the military is explicitly exempted from Article 815, as the UCMJ explicitly directs that offenses under Art. 112 are to be considered court-martial offenses. The commanding officer may, however, enjoy some latitude in determining the type of court-martial for which the matter is referred.

There are three types of courts-martial recognized by the United States military:

  • Summary court-martial: Enlisted soldiers may be tried in a simplified proceeding intended to adjudicate allegations of minor offenses and apportion punishment where appropriate (i.e., upon conviction). This simplified proceeding is known as a summary court-martial. Only enlisted soldiers may be tried by this method, which is presided over by a single officer. Service members tried by summary court-martial do not have a right to legal counsel as they would in a more elaborate proceeding or a civilian trial. However, the accused is permitted to hire an attorney at his or her own expense. This option may be worth considering if you are referred for summary court-martial and concerned about the impact a DWI in the military may have on your future within the armed forces.
  • Special court-martial: Commanding officers will generally refer more serious matters to a “special” court-martial. A special court-martial may be tried by either a single military judge or by a judge supported by a panel of at least three members. If the individual being tried by the court-martial is an enlisted soldier, he or she may request that at least a third of the members of the court trying the case be enlisted as well. Unlike a summary court-martial, a special court-martial will involve the services of both a prosecutor and a defense lawyer. The accused has the right to hire his or her own civilian defense attorney, but may also request military counsel.
  • General court-martial: The highest level of trial court in the military, a general court-martial is reserved for the most serious crimes. A commanding officer might refer a case of DWI in the military for this type of court-martial if the drunken operation of a vehicle resulted in significant damage to another person, or to military or civilian personal property.

A general court-martial is managed in a way very similar to a civilian criminal trial. The procedures are less different from those of a special court-martial than from those of a summary court-martial, but any of the forms of court-martial will involve some attempt to determine innocence vs. guilt. In the event that a court-martial determines the accused to be guilty of violating Art. 112, a dishonorable discharge is just one of several possible consequences of receiving a conviction for DWI in the military. The exact penalties that may be applied in any individual case can depend on a variety of factors, such as whether the DUI arrest took place off-base vs. on the grounds of a military installation, whether anyone was injured as a result of the incident that led to the charges, and even the service record of the service member charged. Whether a charge for driving under the influence results in a discharge or not, receiving a DUI in the military can negatively impact your armed forces career, so you may wish to consider speaking with an experienced DWI attorney to discuss the legal options that may be available in your specific case.

Discuss Your DWI in the Military With an Experienced Virginia Attorney

One of the most important factors to consider if you are charged with DUI in the military is whether you are charged in a civilian court while serving in the military vs. accused and referred to a military court-martial. While courts-martial do have some similarities to civilian trials, their procedures also have important differences that can affect your options. A civilian trial, meanwhile, will involve considerations specific to the jurisdiction, so if you are charged by a state prosecutor because you were arrested for DWI in the military while traveling a civilian road then you may wish to work with an attorney in the state where you are charged. The Virginia traffic defense attorneys with Driving Defense Law have experience in both military and civilian courts, so call our Norfolk office at 757-929-0335 today to schedule a free case review.

A young woman in military fatigues discussing her case with an attorney; concept for contesting military traffic tickets.

The Legal Process For Contesting Military Traffic Tickets

Written by john on . Posted in Uncategorized.

Generally speaking, members of the United States military who are issued traffic citations while off the grounds of a military base are subject to the same penalties, and enjoy the same rights, as their civilian counterparts. Traffic tickets issued by military police within the perimeter of a military base may involve a separate set of requirements, as on-base traffic regulations and the penalties for infractions can differ from those of the state or territory in which the base is located. To learn more, or to discuss your legal options for contesting military traffic tickets, call Driving Defense Law to schedule a free consultation with a member of our experienced Virginia traffic defense team today. You can reach our central Norfolk office at (757) 929-0335.

Does the Military Care About Speeding Tickets?

Many civilians share a tendency to “brush off” speeding tickets as not particularly serious infractions – to think of a speeding ticket as an inconvenience rather than as an alleged violation of state or local laws that can carry substantial consequences in the case of a conviction. There are a number of reasons why this outlook may be unwise for anyone, regardless of career path. Some of these reasons include:

Reckless Driving Charges

Some speeding violations may be charged as reckless driving, a much more serious infraction. Under §46.2-862 of the Code of Virginia, any individual driving at speeds in excess of 85 miles per hour, or exceeding the posted limit by 20 miles per hour regardless of exact speed, may be subject to a charge for reckless driving. § 46.2-868 places reckless driving for any infraction under Article 7 in the category of a Class 1 misdemeanor – meaning reckless driving is a criminal charge throughout the Commonwealth, and a conviction for reckless driving, whether for speeding or for any other reason, will result in a criminal record.

Demerit Points on Driving Record

Criminal records are not the only ones with which Virginia drivers, civilian or military, need to be concerned. The Virginia Department of Motor Vehicles (DMV) considers reckless driving a six-point penalty; regardless of whether the reckless driving charge is a misdemeanor or a felony in a specific case, those six points can remain on the driver’s license for 11 full years.

A “simple” speeding ticket, not involving a reckless driving charge, results in a three-point penalty, which remains on the driver’s record for five years – significantly less than the points and duration associated with a reckless driving charge, but still significant. Paying a speeding ticket to avoid the “inconvenience” of an appearance in Virginia traffic court constitutes an admission of guilt, so any driver licensed in Virginia should consider carefully before opting to pay without contest.

Increased Insurance Rates

Once the DMV has updated a driver’s record to reflect their speeding tickets, the driver can usually expect to see a sharp increase in the premium on their next auto insurance bill. The increase can vary from one insurance provider to another, and may or may not be proportional to the severity of the infraction. Any hike in auto insurance premiums may last for some time, potentially years, after the initial infraction – so the total cost of a speeding ticket, even without a reckless driving charge, can be substantially greater than the fine imposed by a Virginia traffic court.

Contesting Military Traffic Tickets Received Off-Base

Generally speaking, a person who receives a traffic ticket on a state or local road in Virginia will be subject to the same procedures, and have access to the same strategies for defense, regardless of whether he or she is serving in any branch of the military. One important way that the process for contesting a military traffic ticket can sometimes differ, however, is that individuals serving in the military may sometimes be subject to abrupt relocations, occasionally on short notice, and they may also have less flexibility regarding their work hours and requests for time off (or “leave”) than do their counterparts in civilian careers. These strictures have the potential to sometimes complicate a driver’s attempts to exercise his or her right to appear in traffic court and contest a ticket. If any of these circumstances apply to you, you may wish to consider working with a traffic defense attorney who can appear in a Virginia court on your behalf.

Common Strategies for Contesting a Traffic Ticket

There are a few strategies a ticket defense lawyer may be able to use to contest a Virginia traffic ticket. Many of them may apply to tickets received on a military base as well as to those received on Virginia’s roads. However, military bases do have their own traffic regulations and enforcement procedures, so it may be a good idea to speak with a traffic defense attorney who has experience in dealing with military traffic tickets both on and off military bases. An attorney from Driving Defense Law who handles military traffic tickets may recommend one strategy over another, depending on the circumstances.

Improper Stop

Law enforcement officials in most civilian situations will need probable cause or reasonable suspicion in order to initiate a traffic stop at a location other than an established checkpoint. Only some tickets that could potentially receive a citation are considered a “primary” violation – that is, an offense that by itself constitutes grounds for a traffic stop.

Once a traffic stop has been initiated, the officer performing the stop may legally issue citations for a variety of other infractions if the officer performing the stop observes evidence of these “secondary” violations during the course of a legitimate stop, so a ticket for a single offense may result in additional citations. On the other hand, however, if a stop is initiated on illegal grounds – i.e., for reasons other than the officer’s observation of a primary violation – then any evidence of additional violations, large or small, may be invalidated by this lapse in law enforcement procedures. Individuals in military service enjoy the same Constitutional rights to freedom from “unreasonable search and seizure” as does anyone else traveling Virginia’s roads, and so a traffic defense lawyer contesting a traffic ticket issued to a client serving in the United States military may consider challenging the grounds for the stop, depending on the evidence available in the case.

Misapprehension of Facts

In some cases, a law enforcement officer may mistakenly think they have witnessed a traffic violation, when in fact no such violation occurred. This circumstance can arise when atmospheric conditions, such as heavy fog or rain, or traffic conditions, such as intense congestion, make it difficult for law enforcement personnel to accurately monitor the movements of a single vehicle. While traffic courts understandably have an interest in presuming reports presented by officers of the law to be reliable unless shown to be otherwise, under the appropriate circumstances a Virginia traffic attorney may contest a military traffic ticket on the grounds that the officer issuing the citation made a mistake.

Schedule a Consultation With a Virginia Traffic Defense Lawyer

If you have been issued a traffic citation as a member of the United States military, whether on the grounds of a military installation or on any of Virginia’s streets or highways, you may have questions about your legal options for contesting the ticket. Generally speaking, in most cases traffic citations issued by civilian law enforcement patrolling state or local roads will offer the same basic range of options for defense, regardless of whether the driver receiving the ticket is in military service. Military traffic tickets issued by military police within the perimeter of a military installation, however, may be subject to specific regulations applied to that base by the installation commander. If you have questions about contesting military traffic tickets, consider reaching out to Driving Defense Law. The traffic defense team at our Norfolk office has extensive experience working with military personnel, and we offer free consultations for your convenience. Call (757) 929-0335 to speak with a member of our staff today.

A baby dressed in pink smiling and strapped into a car seat.

Car Seat And Booster Seat Laws In Virginia

Written by john on . Posted in Uncategorized.

Have you received a ticket for violating a car seat or booster law? Contact us today for a free consult.

Virginia requires children to be restrained in a proper car seat or booster seat until they reach the age of eight. Most parents want to abide by state laws intended to help keep their children safe, but with rear-facing, front-facing, convertible, and booster seats all sold on the market, it can be confusing to know what the rules are for restraining a child passenger. Unsuspecting motorists may find themselves ticketed for breaking the rules about car seats or booster seats. If you would like more information about car seat laws or booster seat laws in Virginia, consider contacting an experienced traffic attorney Driving Defense Law by calling (757) 929-0335. 

History of Car Seats and Car Seat Laws

To understand car seat and booster seat laws, it is helpful to know more about the history of car seats and how car seat laws came to be. Devices resembling present-day car seats have only been in existence for about 60 years, and the regulations for them are even younger. 

The First Car Seats

Popular Science reports that the first car seat was not designed with safety in mind. Bunny Bear Company produced a seat in 1933 to lift the child up so the child could look out the window, which made it in essence a booster seat. Some of the earliest child restraint seats were simply burlap sacks with a drawstring hung over the passenger seat headrest. In 1962, a car seat designed by a British journalist with safety in mind was released. She designed a rear-facing seat with a safety harness and patented her design. 

The first lap-shoulder seat belts did not become available in cars until 1959. At that time, the motor-vehicle death rate by 100,000 miles driven was 5.41, according to the National Safety Council. That is nearly four times greater than the rate in 2021. 

The First Car Seat Laws

The National Highway Traffic Safety Administration (NHTSA) adopted the first federal standard for child safety restraints in vehicles in 1971, FMVSS 213. The requirements in place at that time did not include crash tests but did require a seat belt to hold the car seat in place and a harness to hold the child in place. The first state car seat laws were passed in 1979 in Tennessee. All states passed similar laws by 1985. 

In 2003, a new federal regulation required car manufacturers to include LATCH systems in their new vehicles. LATCH systems use lower anchors and top tether anchor points to provide greater stability to the seat in case the vehicle gets into a crash. Today’s car seats must also meet strict federal crash test regulations. 

What Do Car Seats Do?

Buckle Up NC, a North Carolina-based organization providing broadly applicable safety information for drivers and passengers in the United States, explains that modern car seats do the following:

  • Prevent ejection – Car seats keep a child attached to the car seat and inside the vehicle in case of a crash. 
  • Load crash forces on the strongest portions of the body – Car seats are designed to load crash forces onto the hips and shoulders for older children or the back for younger children, the strongest parts of their body. 
  • Spread crash forces over a wider portion of the body – Car seats also help distribute the crash force over a wider portion of the body so one part does not take the brunt of the force. Crash forces may be spread along the shoulder, chest, and hips in forward-facing seats or the back, neck, and head for rear-facing seats.
  • Slow the body in the event of a crash – A properly installed car seat can help the body slow down gradually in the event of an accident, protecting it from more severe injuries. 
  • Protect the head and spinal cord – Car seats help to keep the head and upper body from the interior surfaces of the car. Rear-facing car seats provide support to the head and neck in case of an accident. The design also protects the spinal cord in case of a crash. 

Virginia Car Seat Laws

Article 13 of the Code of Virginia requires children to be secured in a child restraint device up to age 8. The system must meet the standards adopted by the United States Department of Transportation. Article 13 also specifies whether the child must be in a rear-facing or forward-facing car seat and where the car seat should be placed in the car. Driving Defense Law provides legal representation to individuals who have been ticketed for various traffic violations, including car seat or booster seat violations. 

Rear-Facing vs. Forward-Facing Car Seats

Children must ride in rear-facing safety seats until they reach the age of two or the minimum weight limit for a forward-facing car seat as determined by the child safety restraint device manufacturer. Rear-facing car seats generally have a weight limit of 22 to 50 pounds. The height restriction may be about 44 inches, but is subject to the manufacturer’s recommendation. Convertible car seats allow seats to go from rear-facing to front-facing, and some offer options for converting to a booster seat as well. Seats of this type generally have higher weight and height limits. 

The Virginia Department of Health states that after toddlers outgrow their rear-facing safety seat, they should transition to riding in a forward-facing car seat that has a five-point harness until they reach the height or weight limit of the seat. Forward-facing car seats can typically hold children 60 to 100 pounds. 

Car Seat Placement in the Vehicle

Car seats must be in the back seat of the vehicle. If parents only have one car seat in use, the safest place to install it is the center of the back seat. This placement reduces the chance of injury in an accident the most. 

If there is no back seat, the car seat can be placed in the front seat, but there must be no passenger side airbag, or it must have been deactivated. These airbags are meant to protect an adult and their force could cause serious or even fatal injuries to a child. 

Virginia Booster Seat Laws

When children outgrow their front-facing car seat, they should begin using a booster seat until they are able to reach the vehicle’s seat belt. Virginia law requires children to continue riding in a booster seat until they turn eight years old. However, the Virginia Department of Health further recommends that children continue riding in a booster seat until they can properly fit with a seat belt. This usually does not occur until the child is at least 4 feet 9 inches tall.

Tickets for Violating Virginia Car Seat Laws

If someone violates Virginia car seat laws, they can be ticketed $50 for a first offense. Second or subsequent offenses can result in a civil penalty of up to $500. Violations of child seat laws are also considered a primary offense in Virginia. As a primary offense, this means law enforcement can pull over and ticket a driver solely for a violation of these laws. 

Contact an Experienced Traffic Defense Lawyer

If you have been ticketed for violating Virginia’s car seat laws, a traffic defense lawyer with Driving Defense Law can help. We can investigate the incident, look for ways to minimize the consequences of a ticket, and explain your legal options. Consider contacting us today by calling (757) 929-0335.

A police car at night, moving at a high speed, with its lights flashing.

High-Speed Chases In Virginia: Risks And Legal Ramifications

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

Movies and television shows may make police pursuits look thrilling, but the reality is a very different story. In the real world, people can be hurt or killed and property can be damaged if police chase a suspect at any speed, but particularly at high speeds. High-speed chases in Virginia come with many risks and legal ramifications that you should consider before deciding to attempt to flee from law enforcement or assist law enforcement as a private citizen. If you are facing legal charges associated with a high-speed chase, an experienced traffic offense attorney with Driving Defense Law may be able to assist you. Call (757) 929-0335 to schedule a free consultation and explore your legal options. 

What Is a High-Speed Chase?

The National Institute of Justice, a branch of the United States Department of Justice, defines a pursuit as occurring when the driver of a moving motor vehicle resists apprehension by maintaining or increasing their speed or by ignoring a law enforcement officer who is on duty in a marked patrol car making an active attempt to apprehend one or more of the occupants of the vehicle. These pursuits can occur at any speed and in any location. They can also occur for any reason, including an attempted traffic stop. 

Based on that definition of a pursuit, also known as eluding police, high-speed chases would be such pursuits that take place at high speeds. A precise number or definition of “high-speed” has not been established, but these speeds often exceed the speed limit by 20 miles per hour or more. 

What Is Virginia Law Regarding Pursuits and High-Speed Chases?

VA § 46.2-817 addresses eluding police, which is defined as driving a vehicle in willful and wanton disregard of a visible or audible signal from a law enforcement officer to stop. This law also includes attempting to escape or elude the officer on foot or by any other means and addresses the charges if the individual drives in such a way as to interfere with or endanger the officer’s vehicle or other people. The Commonwealth also has a law for escape, flight, and pursuit. VA § 19.2-77 indicates that if an individual escapes custody or flees from an attempted arrest, the officer may pursue them anywhere in the Commonwealth. The law also states that if the officer is in close pursuit, they may arrest the individual wherever they are found. Neither law specifically addresses when the eluding or flight occurs at high speeds. 

While there is no statewide law regarding high-speed chases, each law enforcement agency throughout the state is encouraged to have a pursuit policy, which can be discretionary, restrictive, or discouraging. Having a policy in place helps reduce injuries, deaths, and property damage while also maintaining law enforcement’s basic mission of protecting life and property and enforcing the law. Clear policies can also help law enforcement officers understand when and how to conduct pursuits and minimize the department’s or government’s liability when accidents occur as a result of a pursuit.

Discretionary Policies

Discretionary policies allow the officer to make all the major decisions regarding whether to engage in a pursuit. This means the officer involved decides whether to initiate a pursuit, which tactics to use and when to terminate the pursuit. While some argue that this policy is best because the officer involved has the best information regarding the circumstances, others believe that the officer may not make the best decisions because of their involvement. They also argue that allowing this type of discretion can lead to inconsistency in when pursuits are initiated and create more confusion about them. 

Restrictive Policies 

Restrictive policies allow the officer to make some judgment calls and decisions while placing restrictions on others. With these policies, the officer may be required to request permission to pursue an individual but make their own decision about when to terminate, for example. These policies may also stipulate which tactics can be used or specific circumstances to consider when deciding whether to pursue an individual, such as the weather, traffic conditions, or the reasons for the pursuit. Many believe restrictive policies provide a good balance between allowing the officer to do what they feel is necessary and ensuring that there is consistency in how pursuits are handled by the law enforcement agency. 

Discouraging Policies

Discouraging policies discourage or severely caution against any pursuits except for extremely limited circumstances. Some of the most common discouraging policies only allow officers to pursue individuals believed to have committed violent crimes such as rape or murder and/or only if the individual is believed to be a danger to the community. These policies tend to limit pursuits very strictly, often requiring officers to seek permission to pursue them even in circumstances allowed by the policy. Many people feel that these should be the only policies for police pursuits to protect the life and property of innocent bystanders, while some argue that these are too restrictive and may allow potential criminals to avoid punishment because they are able to flee without being pursued. 

Risks and Ramifications of High-Speed Chases

Any police pursuit has dangers associated with it. Even at low speeds, an individual attempting to flee a law enforcement officer and an officer focused on catching that individual may not pay enough attention to their surroundings and cause harm to pedestrians, cyclists, children playing in yards, other traffic, and property. When the chase begins to move at higher speeds, those dangers are significantly increased as reaction times slow, momentum builds in the vehicles, and the fleeing individual and officer may not have enough time to recognize a potential danger and react to it before it is too late. If you have been part of a high-speed chase, a traffic attorney at Driving Defense Law may be able to assist you in negotiating with the prosecutor or requesting a lighter sentence from the court. 

High-Speed Chase Risks

High-speed chases in general have a high risk of property damage, injury or death of the suspect or law enforcement officer, and injury or death of innocent bystanders who happen to be in the area. When conditions are less than ideal, the dangers increase even more. Wet roads, rain, snow, high winds, heavy traffic, broken-down vehicles, school zones, and many other conditions can make a high-speed chase even more dangerous. 

Additionally, the tactics used in high-speed chases, such as roadblocks and pit maneuvers increase the risk of accidents, injuries, or property damage. Helicopter support can assist law enforcement in tracking individuals without the need for the officer to chase at high speeds. Unfortunately, this type of support is expensive and not always effective. For example, a helicopter may not be able to be used in rainy weather. 

Legal Ramifications of High-Speed Chases 

In many cases, an individual opts to flee law enforcement because they are certain or nearly certain they will be arrested. While this may be the case, choosing to flee and being involved in a high-speed chase can have significant legal ramifications. In addition to any legal trouble they may have already faced, the individual may be charged with other serious offenses such as eluding, resisting arrest, reckless driving, assault, or manslaughter, depending on what happens during the chase. 

If high-speed chases result in property damage, injury, or death to an innocent bystander who was not involved, that bystander may file a lawsuit to seek damages for their property damage, injury, or the wrongful death of their loved one. While they may file their lawsuit against the law enforcement agency involved, they can also file it against the individual being pursued. VA § 8.01-458 states that monetary judgments from any state or federal court can be a lien against any real estate the individual currently possesses or comes to possess in the future. 

Citizen Involvement in Police Pursuits 

There have been stories of private citizens attempting to assist an officer in ending police pursuits, including high-speed chases. In some instances, the citizen is successful in stopping the fleeing individual, while in others, they have only made matters worse. However, what is important to understand is that, in almost every case, the citizen who attempted to assist the officer was arrested and charged for doing so. In Virginia, a private citizen inserting themselves into a high-speed chase may be charged with interference and other charges. If they cause an accident, they may also be held financially responsible for that accident.

How To Avoid Being Involved in a High-Speed Chase

It may seem as though it should be easy to avoid being involved in a high-speed chase. However, individuals often make hasty decisions in a moment of panic. For this reason, being prepared with tips on how to avoid being involved in high-speed chases can be helpful. 

Pull Over When Indicated By Law Enforcement

When an individual is driving and sees the flashing lights or hears the siren of a law enforcement vehicle behind them, they should pull over as soon as practically possible. Even if the officer is not pulling them over, moving out of the way allows the officer to continue on their way quickly. 

Some individuals are hesitant to pull over out of fear of being arrested. They may know they have warrants or something illegal in their vehicle, or they may simply be afraid that the officer will find some reason to arrest them. Even in those cases, it is better to pull over and face whatever legal trouble they may be in at that point than to add to their troubles with additional charges for a high-speed chase. 

Call 9-1-1 If You Are Unable To Pull Over

There may be instances where someone is unable or unwilling to pull over. For example, if a woman is driving alone late at night on a dark, deserted road, she may feel uncomfortable pulling over in such circumstances. If this is the case, the individual should call 9-1-1. They should inform the dispatcher of their name, location, and that they are aware of the officer’s attempt to pull them over. Then, they should explain why they are not pulling over. For example, a woman may explain that she will pull over when she comes to a well-lit, busy gas station.

Calling 9-1-1 in this way allows the dispatcher to contact the officer and inform them about why the individual is refusing to stop. This can keep both the individual and the officer from unnecessarily increasing their speeds and making the situation more dangerous. 

Resist the Urge to Assist Officers

While private citizens may have the best of intentions when trying to assist an officer who is engaged in pursuing an individual, the best thing they can do is move out of the way and encourage others to do the same. If an accident occurs and the officer seems injured, bystanders can call 9-1-1 to report the accident and that the officer may be injured. If the bystander knows how to render first aid or CPR and someone involved in the accident needs their assistance, they can step in to provide those skills. Bystanders should not attempt to stop a fleeing individual with pit maneuvers or to chase the individual themselves. 

How a Traffic Attorney Can Assist You

In an ideal world, you would never be involved in a high-speed chase. In reality, life can get messy and you might find it has happened before you even realize it. A traffic attorney understands Virginia’s laws and may be able to assist you in defending and explaining your actions. A knowledgeable attorney may also be able to gather evidence to show that the chase was not your fault or that law enforcement should not have pursued you. Whether you were fleeing or attempting to assist an officer, an attorney may also be able to negotiate reduced charges or a lighter sentence. If you have additional questions regarding high-speed chases, contact Driving Defense Law at (757) 929-0335 to schedule a free consultation and explore your legal options. 

police officer giving a speeding ticket

Understanding Virginia’s Demerit Point System and How It Affects Your Driving Record

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, Vehicular Manslaughter.

Maintaining a clean driving record is essential for every Virginia driver. It keeps you safe on the road and helps you avoid costly penalties, increased insurance rates, and the potential for a suspended license. Understanding Virginia’s demerit point system is key to maintaining your driving privileges. Accumulating demerit points can negatively impact your driving record, and knowing how the system works can help you stay in control and avoid serious consequences.

If you’re facing a traffic violation, understanding the complexities of Virginia’s demerit point system is the first step—but it may not be enough. That’s where experienced legal representation can make a difference.

What is the Virginia Demerit Point System?

The Department of Motor Vehicles (DMV) uses a point-based system to track traffic violations in Virginia. When you’re convicted of a traffic offense, demerit points are added to your driving record. The more severe the offense, the more points are added. Accumulate too many demerit points, and you could face penalties such as increased insurance rates, mandatory driving improvement courses, and even the suspension of your driver’s license.

Demerit points remain on your record for two years from the date of the violation, but the conviction itself may stay longer, depending on the severity of the offense. This point system allows the DMV to monitor and evaluate whether drivers are at risk of becoming unsafe on the roads. Accumulating a high number of points can also signal a habit of unsafe driving, putting your driving privileges in jeopardy.

Types of Violations and Demerit Points

Traffic violations in Virginia are categorized into three main tiers based on their severity: three-point, four-point, and six-point violations. Here’s a breakdown of each:

Three-Point Violations

These are relatively minor offenses, but they still add points to your record:

  • Improper U-turn
  • Speeding 1-9 mph over the speed limit
  • Failure to obey a highway sign
  • Improper passing of a stopped vehicle
  • Failure to yield the right-of-way

Four-Point Violations

Slightly more serious, these violations can increase your points at a faster rate:

  • Speeding 10-19 mph over the speed limit
  • Passing when unsafe
  • Failure to yield to an emergency vehicle
  • Following too closely (tailgating)

Six-Point Violations

These are the most severe offenses, which can have serious repercussions:

  • Reckless driving
  • Driving under the influence (DUI)
  • Driving with a suspended or revoked license
  • Speeding 20 mph or more over the limit
  • Vehicular manslaughter

Each violation adds up, and over time, even a few minor infractions can lead to significant consequences for your driving privileges.

Consequences of Accumulating Demerit Points

Demerit points don’t just disappear overnight. If you accumulate enough points in a short period of time, you could face serious consequences. Here are the thresholds you need to be aware of:

  • 12 Points in 12 Months: If you accumulate 12 points within a 12-month period, you will receive a warning letter from the DMV. This is a formal notice that you risk further action if more points are added to your record.
  • 18 Points in 12 Months or 24 Points in 24 Months: Accumulating these many points in a short period will result in being placed on probation. You may also be required to complete a driver improvement clinic to reduce the points on your record. Failure to do so could result in a suspended license.

How to Reduce or Remove Demerit Points

The good news is that Virginia offers drivers a way to reduce demerit points by completing a driver improvement course. These courses are designed to help you brush up on safe driving practices and can reduce up to five points from your record. However, remember that you can only take this course voluntarily once every two years to earn these points back.

It’s also worth noting that while demerit points only stay on your record for two years, the traffic violations themselves may stay on your record for much longer. Some convictions, such as DUIs or reckless driving, can stay on your record for up to 11 years, and these can affect your insurance rates long after the points are gone.

Why You Need a Lawyer to Fight Traffic Tickets

Working with an experienced traffic attorney can make a significant difference if you’re facing a traffic violation. A lawyer can help you in several ways, including:

  • Fighting the ticket: In many cases, you may be able to contest the violation entirely and get the charges dropped or reduced.
  • Reducing points: Even if the violation can’t be dismissed, an attorney can negotiate on your behalf to reduce the charge, potentially lowering the number of demerit points added to your record.
  • Avoiding costly penalties: Beyond points, tickets often come with hefty fines, court fees, and possible insurance rate hikes. A lawyer can help mitigate these consequences.

At Driving Defense Law, we specialize in protecting your rights and your driving record. We understand Virginia’s traffic laws and can guide you through the legal process to minimize the impact of a traffic violation.

Wrapping Up

Understanding Virginia’s demerit point system is key to maintaining a clean driving record, avoiding penalties, and keeping your insurance rates low. However, the system can be complex, and fighting traffic tickets is not always straightforward. If you’re facing a traffic violation, don’t leave your driving record to chance—contact Driving Defense Law today for a consultation. We’ll help you protect your driving privileges and get the best outcome possible.

An injured passenger calls 9-1-1 after the driver, who was driving under the influence, had an accident that may result in DUI manslaughter charges.

Criminal Charges For DUI Manslaughter

Written by john on . Posted in DUI.

Many people worry about the impact of being charged with driving under the influence (DUI). Unfortunately, that is not the worst that could happen if you drive while you are intoxicated. If you cause an accident that results in someone’s death while driving under the influence, you may face DUI manslaughter charges. Understanding what that means, how the charges are proven, the penalties, and what defenses you may be able to offer against the charges is important to avoiding the criminal record and other negative impacts a conviction can bring. At Driving Defense Law, our experienced Virginia DUI accident lawyers understand these charges, what the prosecution will do to prove your guilt, and how to help you build a strong defense or negotiate for reduced charges. Call (757) 929-0335 to schedule a free consultation and learn more about your legal options during a case review.

What Is DUI Manslaughter?

DUI manslaughter is also known as DUI involuntary manslaughter. The definition of this charge is that a driver caused the death of another person unintentionally while driving under the influence of alcohol or drugs. The other person may be another driver, a passenger in any vehicle (including the vehicle of the driver being charged), cyclist, pedestrian, or another bystander. Virginia Code § 18.2-266 defines driving while intoxicated as operating any motor vehicle, train, or engine while their blood alcohol content is 0.08% or higher, or while under the influence of alcohol, narcotic drugs, or any other self-administered intoxicant drug or any nature, including a combination of drugs. 

The prosecution must prove that the driver was driving under the influence of drugs, alcohol, or both and that they unintentionally caused another person’s death in order to convict them. This must be proven beyond a reasonable doubt. 

How Is It Proven That The Death Was Caused Unintentionally? 

To convict a driver of DUI manslaughter, the prosecution cannot just prove that the driver was intoxicated at the time of the accident. The prosecution must prove that the death was caused by the driver’s driving under the influence. In other words, they must prove that the death occurred because of the effects that the drugs or alcohol had on the driver and that without those effects, the death would not have happened. For example, a driver who has had one beer may be technically considered intoxicated, but that one beer may not affect their ability to drive in ways that could lead to an unintentional death. 

The first step to that is proving that the driver was intoxicated. This can be proven with a chemical blood or breath test with results indicating that the driver’s BAC was above the 0.08% legal limit to be able to drive. Any driver with a BAC above the legal limit is presumed to be under the influence. A driver can have a BAC under the legal limit and still be charged with DUI, however. Driving under the influence can also be proven if the impairment was observable at the time of the accident. Observable impairment may include the driver’s appearance, speech, behavior, or muscular movements. Slurred speech, glassy or bloodshot eyes, weaving or driving erratically, failing at performing field sobriety tests, or admission of drug or alcohol use can all be used as evidence of observable impairment. 

What Are the Penalties for DUI Manslaughter?

One important aspect of this particular driving offense is that the driver can be charged for both a DUI and DUI manslaughter and can face the penalties for both. Being convicted of the DUI charge may also make a conviction for DUI manslaughter easier. 

DUI Penalties 

Penalties for a DUI are primarily dependent on whether it is the first conviction or a subsequent offense. For a first conviction, Virginia Code § 18.2-270 indicates a DUI is a Class 1 misdemeanor with a mandatory minimum fine of $250 and the possibility of five to ten days minimum in jail. A second offense less than five years from the first has a fine of $500 and one month to one year in jail. A third offense occurring less than 10 years from the first becomes a Class 6 felony, with a minimum of 90 days in jail or six months in jail if all three DUI offenses occurred within five years. 

DUI Manslaughter

DUI manslaughter, or DUI involuntary manslaughter, is a Class 5 felony. If convicted, the driver can face up to a $2,500 fine, a minimum of one year to up to ten years in prison, seizure or forfeiture of their vehicle, six demerit points on their driving record, and indefinite revocation of their driver’s license. If you are facing a DUI manslaughter charge, Driving Defense Law may be able to assist you in building your defense or negotiating with the prosecutor to reduce the charges. 

In addition to these legal penalties, there are additional penalties to consider. Conviction results in a permanent criminal record that will follow the individual throughout their life. This can create difficulties in finding housing and employment, among other struggles. 

When Does a DUI Manslaughter Charge Become Aggravated DUI Manslaughter?

DUI manslaughter becomes aggravated DUI manslaughter when the driver’s conduct is so wanton, gross, and culpable that it shows a reckless disregard for human life, per Virginia Code § 18.2-36.1. A reckless disregard for human life is also known as criminal negligence. 

Criminal negligence, or the difference between DUI manslaughter and aggravated DUI manslaughter, is determined based on whether the driver knew, or should have known, of the potential consequences of their actions and chose to take those actions anyway. If an individual is charged with and convicted of aggravated DUI manslaughter, they face harsher penalties, including a minimum of one year up to 20 years in prison, plus a fine of up to $2,500. 

What Kind of Defenses Are There Against These Charges?

Individuals charged with DUI manslaughter are not defenseless. There are several defenses that may be able to be used against these charges. The first defense is to challenge the assertion that the driver was intoxicated. This can be done by hiring expert witnesses who can testify about any flaws or inaccuracies in laboratory results. 

Another potential defense is to demonstrate that the driver’s driving did not directly cause the deceased individual’s death. The prosecution must establish a direct link between the driver’s driving under the influence and the incident causing the death. Reviewing the autopsy and the deceased’s previous medical records may reveal another potential cause for their death. A third defense that may be raised is to highlight any external factors that may have contributed to the accident, such as another driver’s negligence or adverse road conditions. There may also be other defenses unique to a driver’s circumstances that can be used. 

Why You Should Consider Hiring a DUI Accident Attorney

A DUI charge by itself can have a significant and lasting impact on your life. When the charge is DUI manslaughter, the deceased’s family will be seeking justice and their grief may help sway a jury. An attorney may be able to help you build a strong defense that proves you are not responsible for the death and overcomes any sympathy a jury may feel for the deceased’s family. A knowledgeable Virginia DUI accident attorney may also be able to assist you in negotiating for a lighter sentence or reduced charges. Call Driving Defense Law at (757) 929-0335 to schedule a complimentary consultation and let one of our skilled attorneys review your case. 

officer in their police car writing a ticket

How to Handle a Speeding Ticket on Virginia’s Eastern Shore

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

Ever been caught off-guard by a flashing siren and a speeding ticket on Virginia’s Eastern Shore? We’ve all been there. It’s a heart-sinking moment that can ruin a perfect drive and leave you scrambling to determine your next steps.

But don’t panic! We’re here to help you navigate these choppy waters. With our years of experience and deep understanding of local traffic laws, we’ll guide you through handling a speeding ticket, ensuring your rights are protected every step.

So buckle up and get ready for a crash course on managing speeding tickets, Virginia style. We promise it’s easier than you think when you’ve got the right advice and guidance.

Understanding Speeding Laws in Virginia’s Eastern Shore

The crux of managing a speeding ticket on Virginia’s Eastern Shore lies in recognizing the speeding laws themselves. Grasping these regulations aids drivers in their response to such tickets and subsequent consequences.

Overview of Speeding Laws

Virginia notably enforces robust laws to ensure road safety, particularly in the Eastern Shore region—statutes concerning speeding hinge upon the vehicle’s recorded speed against the permitted speed limit. Speeding violations generally include categories such as reckless driving, which is classified as driving 20 mph over the set limit or above 80 mph. Understanding these categories facilitates a more informed response if handed a ticket.

Consequences of Speeding

Running afoul of speeding laws in Virginia’s Eastern Shore can have severe consequences. Penalties range from monetary fines, calculated per mile over the speed limit, to demerit points on driving records, depending on the severity of the offense. On the harsher end, drivers may face license suspension or a reckless driving conviction, which is a criminal offense. Awareness of these potential outcomes underpins the importance of adhering to speed regulations and smartly dealing with violations.

How to Act when Pulled Over for Speeding

In this section, we’ll guide you through the right actions when you’re pulled over for speeding on Virginia’s Eastern Shore, maintaining respect for the officer’s role in enforcing traffic safety.

Maintaining Calm and Composure

Keeping your cool when stopped is paramount. We suggest switching off your car engine, turning on the interior light if it’s dark, and placing your hands over the steering wheel. Not only does this behavior signal respect, but it also ensures the officer’s safety, something they’ll appreciate. Lastly, wait for the officer to instruct you before reaching into your glove compartment for your credentials. Following these recommendations helps to create a non-threatening atmosphere during the traffic stop.

Things to Say and Avoid Saying to the Officer

Communicating respectfully with the officer is equally significant. Begin by greeting the officer amicably. When asked for your identification and registration, present them in a courteous manner. Acknowledge if you’ve been speeding, but avoid self-incriminating statements. For instance, saying, “I didn’t realize I was going so fast,” is better than saying, “I knew I was over the limit.” Remember, everything you say can be used against you in court. Instead, you might ask questions like, “How can I better observe the speed limit in these situations?” Such inquiries express your readiness to learn and abide by the rules. Avoid arguing about the ticket at this point, as disputes should be settled in court, not at the roadside.

Steps to Take After Receiving a Speeding Ticket

In the following paragraphs, we dive into the responsible steps you must take upon receiving a speeding ticket on Virginia’s Eastern Shore. We’ll guide you through reading and understanding your ticket and determining whether contesting it is the right course of action.

Reading and Understanding Your Speeding Ticket

Clarity becomes key when facing a speeding ticket. The ticket design outlines your alleged violation, violation code, and court location. For instance, your ticket might indicate ‘Reckless Driving-Speeding (46.2-862)’ as a violation, which implies that you were driving over 80 mph or 20 mph above the established speed limit. It’s essential to read this information thoroughly, clearing up any confusion with the issuing officer or through the Virginia DMV or court system if necessary.

Determining if You Should Contest the Ticket

Consideration follows clarity. Not all tickets warrant a challenge, yet some circumstances may lead to a successful contestation. Looking at your driving history, the evidence against you, and the potential impact of the ticket—like fines, points, or a license suspension—can help inform this decision. It’s also beneficial to consult with a lawyer experienced in Virginia traffic law to get comprehensive advice on your situation. This step allows for thoughtful and informed decision-making when handling your ticket.

Consulting a Traffic Ticket Attorney

After receiving a traffic ticket in Virginia, particularly on the Eastern Shore, hiring a traffic ticket attorney is one option to consider. These legal professionals are trained to understand Virginia’s traffic laws, and they can help reduce fines, prevent points on your driving record, or potentially have your ticket dismissed.

Why You Might Need a Traffic Ticket Attorney

The legal consequences of traffic violations, especially those with profound implications, can be complex. For instance, Reckless Driving charges in Virginia are treated as criminal offenses. A traffic ticket attorney from Driving Defense Law can navigate these legal challenges, using their deep understanding of Virginia’s traffic laws to reduce fines, avoid demerit points, or even achieve dismissal of your ticket.

Searching for a Reputable Attorney on Virginia’s Eastern Shore

To address traffic violations effectively, it’s essential to find an experienced attorney on Virginia’s Eastern Shore. Look for lawyers specializing in traffic law with a proven track record in handling similar cases. Driving Defense Law offers the expertise and local knowledge needed to navigate the specific legal landscape of Virginia’s Eastern Shore.

The Court Process for Speeding Tickets in Virginia’s Eastern Shore

Going through the speeding ticket court process in Virginia’s Eastern Shore may seem challenging, but it is essential for resolving a traffic violation. Preparation, such as knowing the court location, securing legal representation, collecting necessary evidence, practicing your account, and dressing appropriately, eases anxiety. Respectful behavior, attentiveness and clear communication are key during the court proceedings, where the judge hears both sides before declaring a verdict. The severity of the violation, past driving records, and court conduct are considered when deciding the penalties. Staying composed aids in giving a dignified response, irrespective of the result.

Preventive Measures to Avoid Future Speeding Tickets

Prevention is always better than dealing with a speeding ticket. Here are key strategies to avoid future violations.

Understanding Road Signs and Speed Limits: Knowledge is power—familiarize yourself with road signs and speed limits, especially in areas like school or work zones. Adhering to signs like “Speed Limit 40” ensures you maintain safety and avoid fines.

Defensive Driving Techniques: Defensive driving techniques, such as maintaining a safe distance, regularly monitoring speed, and staying alert, help reduce the risk of speeding tickets. Consider taking a DMV-approved defensive driving course to sharpen these skills.

Conclusion

In conclusion, we’ve guided you through the essential steps for handling a speeding ticket on Virginia’s Eastern Shore. From understanding local traffic laws and managing the consequences of violations to offering advice on what to do when pulled over and how to approach the ticketing process, you now have the tools to navigate this situation confidently. We’ve also emphasized the benefits of hiring a traffic ticket attorney and discussed preventive measures to avoid future tickets.

Remember, staying calm, informed, and proactive is key. With the insights we’ve provided, you’re better equipped to handle a speeding ticket and promote safer driving habits. If you’re facing a traffic violation, don’t go it alone—reach out to the experienced attorneys at Driving Defense Law for expert guidance and a personalized defense strategy. Contact us today for a consultation, and let us help protect your rights and driving record!