Author: john

In today’s digital age, safe driving apps have revolutionized the way we approach road safety. These innovative tools offer a range of features, from blocking calls and texts to providing real-time alerts about driving behavior. By incentivizing safe practices and curbing distractions, these apps aim to keep drivers focused on the road. With the ability to monitor and track driving habits, parents can now have peace of mind knowing their teen drivers are safe behind the wheel. Discover how these apps are reshaping the landscape of road safety and empowering users to make informed decisions for a safer driving experience. If you have questions regarding using one of these apps as part of your defense against a traffic charge, contact Driving Defense Law at (757) 929-0335 to schedule a consultation with one of their experienced traffic defense attorneys and learn more about your legal options.

What Does Virginia Say About Driving and Using a Cell Phone?

Most states have passed laws in recent years regarding the use of cell phones while driving. Virginia is no exception. As of January 1, 2021, Virginia §46.2-818.2 makes it illegal for any driver to use a handheld communication device, such as a cell phone, while driving. The only exceptions to this are in a driver emergency or if the vehicle is lawfully stopped or parked. What constitutes lawfully stopped has been a subject of debate however, as some people question whether they can text while stopped at a traffic light. 

What Are Safe Driving Apps?

There are a variety of safe driving apps available for any cell phone. These apps are designed to assist both new and experienced drivers be safer on the road. These apps can do many things, from speaking turn-by-turn directions to a destination to letting the driver know when they are exceeding the speed limit. They can also execute actions on the phone itself to make the driver safer, by doing things such as disabling the ability to text or setting the phone’s status to “Do Not Disturb.” These apps can have many benefits and can be an important way to keep drivers of all ages and experience levels safer. 

Importance of Safe Driving Apps

Safe driving apps have become essential tools in promoting road safety in the digital age. They play a crucial role in addressing the growing concerns around distracted driving, which is a leading cause of accidents on the road. By using safe driving apps, drivers can reduce the number of road incidents caused by distractions by mitigating the risks associated with using mobile phones while driving:

• Aggressive Driving: One study by the Insurance Institute of Highway Safety found that drivers reporting frequent cell phone use drove more aggressively, such as changing lanes more often, speeding, and braking harder. 
• Increased Crash Risk: Another study found that texting while driving created a two to six times greater risk of being involved in a crash. The crash risk increased significantly for those under age 30 or over age 64. 
• Delayed Reaction Time: Experimental studies done in a vehicle simulator found that reading or typing text messages slowed driver reaction times significantly. Texting while driving also increased lane deviations and increased how long a driver’s attention was off the road. 
• Inattention Blindness: Other research has found that when drivers are cognitively distracted, such as by a cell phone, the brain activity associated with visual processing and attention is suppressed. This meanes that when a driver is distracted by their cell phone, they may not see and realize that a traffic signal has turned red or that the car in front of them is braking. 

Benefits of Safe Driving Apps

Safe driving apps offer a range of benefits for users looking to enhance their driving experience and prioritize road safety. Here are some key advantages of utilizing these innovative applications:

• Real-time alerts: Driving apps for safety provide immediate notifications to users about their driving behavior, such as speeding or harsh braking. These alerts help drivers become more aware of their habits and make necessary adjustments to ensure safer driving practices.
• Call and text blocking: One of the primary features of these apps is the ability to block incoming calls, texts, and notifications while the vehicle is in motion. By eliminating these distractions, these apps help drivers stay focused on the road.
• Parental monitoring: For parents, safer driving apps offer peace of mind by allowing them to monitor their teen drivers’ activities behind the wheel. They can track the location of the vehicle, set boundaries, and receive alerts if their child engages in risky driving behaviors.
• Incentivized driving: Some driving safety apps reward users for practicing safe driving habits. By setting and achieving safe driving goals, users can earn rewards or incentives, encouraging them to maintain their focus on the road. Some apps are specifically provided by insurance companies and offer lower premiums to drivers who use them.
• Reduced Road Incidents: By promoting safer driving practices and minimizing distractions behind the wheel, these apps play a crucial role in reducing road incidents caused by distracted driving.
• Empowered Users: Driving apps empower users to make informed decisions on the road, encouraging responsible driving behavior and ultimately contributing to a safer driving environment for all.

Incorporating these apps into daily routines can lead to a significant improvement in driving habits and overall road safety. By leveraging the features and benefits offered by these applications, drivers can enhance their driving experience while prioritizing safety on the road.

Are There Drawbacks to Safe Driving Apps?

While safe driving apps offer numerous benefits in promoting road safety, it’s essential to consider potential drawbacks as well. Here are some aspects to be mindful of when using these apps:

• Technology Limitations: Some driver safety apps may rely heavily on GPS or smartphone sensors, which could lead to inaccuracies in detecting driving behavior. This can result in false alerts or incorrect feedback, potentially causing frustration or distraction for the user.
• Battery Drain: Constantly running safe driving apps in the background can consume a significant amount of battery power. This could be challenging, especially during long drives or in areas with limited access to charging ports. Users need to strike a balance between safety features and preserving device battery life.
• Overreliance: There is a risk of users becoming overly dependent on safe driving apps to monitor their behavior. This dependency might lead to complacency in developing intrinsic safe driving habits. Users should remember that these apps are aids, not substitutes for responsible driving practices.
• Privacy Concerns: Driving safety apps often collect data on driving behavior, including location, speed, and acceleration patterns. Users need to be aware of how their data is being stored, shared, and protected by app developers. Ensuring data privacy and security should be a priority when using these applications.
• Distraction Potential: Ironically, while safe driving apps aim to reduce distractions on the road, interacting with these apps or receiving constant notifications can also be distracting. Users should set up these apps appropriately to minimize any additional distractions while driving.
• Compatibility Issues: Certain safe driving apps may not be compatible with all mobile devices or operating systems. Users should verify the compatibility of the app with their device before relying on its features for enhanced road safety.

It’s important to weigh the advantages and disadvantages of safe driving apps to make an informed decision that suits individual needs and preferences. By staying informed about the potential drawbacks, users can maximize the benefits of these apps while minimizing any associated challenges.

Are Safe Driving Apps Worth It?

Safe driving apps have gained popularity for their potential to promote road safety. These apps aim to enhance awareness and reduce distractions while driving, ultimately contributing to safer roads. These apps can be valuable tools for enhancing road safety, but users should be mindful of their limitations and use them in conjunction with safe driving habits for optimal results.

Additionally, drivers should recognize that the use of these apps may not result in dismissal or reduction of charges in the event the driver receives a traffic citation. While the information in the app may be useful in some cases, because it can be difficult to prove the accuracy of such apps, a judge may or may not be willing to accept it as evidence. If you have received a citation and believe that a safe driving app may help you get the charge dismissed or reduced, consider discussing your case with an experienced traffic defence lawyer at Driving Defense Law. 

What Is the App That Shuts Off Your Phone While Driving?

When it comes to safe driving apps, one key feature that stands out is the ability to prevent distractions by shutting off your phone while driving. There are several apps that can do this. This feature helps reduce the temptation to use mobile devices while on the road, promoting safer driving behavior. Some apps are designed to detect when a vehicle is in motion and automatically activate a “Do Not Disturb” mode on the phone. This means that incoming calls, messages, and notifications are temporarily blocked to minimize distractions for the driver.

This not only enhances road safety but also helps in complying with local laws that prohibit the use of mobile devices while operating a vehicle. Additionally, some of these apps offer customizable settings that allow users to select specific contacts or apps that can bypass the “Do Not Disturb” mode in case of emergencies. This ensures that important calls or notifications are not completely missed while still maintaining a safer driving environment. Overall, an app that shuts off your phone while driving serves as a valuable tool in promoting responsible driving habits and reducing the risks associated with distracted driving. By leveraging technology to minimize distractions and prioritize safety, these apps play a crucial role in creating a safer and more focused driving experience for users.

Frequently Asked Questions

Do safe driving apps really reduce distractions while driving?

Yes, some safe driving apps can effectively minimize distractions by activating a “Do Not Disturb” mode while detecting vehicle motion. These apps block calls and messages, promoting safer driving habits and compliance with laws against mobile device use on the road.

How do safe driving apps contribute to road safety?

Safe driving apps leverage technology to reduce distractions, providing a focused driving experience. By shutting off phones and blocking incoming calls and messages, these apps enhance road safety, help users stay compliant with regulations, and promote responsible driving habits for a safer driving environment.

How a Lawyer May Be Able to Assist You

Through the integration of technology, safe driving apps offer a practical solution to reducing distractions and improving overall driving habits. By incorporating these tools into daily driving routines, individuals can prioritize safety and minimize the risks associated with using mobile devices while on the road. If you have more questions about these apps or using one as part of your defense against a traffic citation, contact Driving Defense Law at (757) 929-0335 to arrange an initial consultation and go over your defense options. 

Various careers require some form of security clearance, such as jobs in government and the military, as well as in medical, education, telecommunications, and financial sectors. People working in these roles may have access to classified information, depending on their level of clearance. However, being convicted of misdemeanor reckless driving charges could affect a person’s ability to obtain this clearance or to continue working in a position that requires it. Because of the potential consequences of driving-related offenses on your military security clearance, consider contacting a Virginia traffic lawyer at Driving Defense Law by calling (757) 929-0335 to learn more about your legal rights.

What Constitutes Reckless Driving?

According to the Office of Justice Programs (OJP), reckless driving happens when motorists operate a vehicle dangerously, showing a disregard for the possible harmful consequences. According to the Code Of Virginia sections 46.2-852 through 46.2-869, which outline the laws regarding reckless and improper driving, driving recklessly is a class 1 misdemeanor. Various acts may be defined as reckless driving, including:

• Driving over 85 mph or 20 mph over the speed limit
• Operating a vehicle with faulty brakes or inadequate handling capabilities
• Failing to yield the right of way
• Racing
• Driving too quickly for the road conditions at the time of the incident
• Failing to signal correctly
• Driving a vehicle overloaded such that the driver’s view is obstructed 
• Improper passing, which may cover a number of specific circumstances under Virginia’s traffic laws

Understanding Military Security Clearance

A security clearance grants certain individuals a special status, typically pursuant to a rigorous background check, and enables them to access classified information or enter restricted areas. The Department of Defense conducts and manages this process for the military. During the required investigations, the focus is on assessing the following areas of the applicant’s conduct and character:

• Trustworthiness
• Honesty
• Financial responsibility
• Reliability
• Loyalty
• Criminal activity
• Credit
• Emotional stability

What Are the Different Levels of Security Clearance?

The level of clearance needed varies depending on the role and type of information the employee will require to complete his or her duties. In the United States military, the following levels of security clearance may be used:

• Confidential: Unauthorized information disclosure of this level may damage the country’s national security
• Secret: An unauthorized disclosure of information in this category could potentially cause severe national security damage
• Top Secret: Information of this type might have extremely negative implications concerning national security if disclosed without authorization
• SCI/SAP: Classified information deemed more sensitive than that falling under Top Secret clearance is referred to as Special Access Programs (SAP) or Sensitive Compartmented Information (SCI) and requires additional clearance to access

More detailed information about the implications of reckless driving charges on each level of military security clearance may be available. If you are facing charges of traffic violations in Virginia, an experienced attorney from Driving Defense Law may be able to help.

Does a Criminal Record Fail Security Clearance?

Whether having a criminal record results in a failure to obtain security clearance depends on the employer and the required clearance level. Felony convictions may lead to the loss of an employee’s clearance. A person can lose a security clearance for committing a range of crimes, such as driving under the influence, petty theft, or shoplifting, as these can indicate that the person lacks the trustworthiness necessary to handle national secrets. The following factors influence whether a person convicted of a crime could lose or fail to obtain security clearance:

• Pattern and history of criminal activities: A history of committing crimes generally results in doubts about the person’s reliability, judgment, and trustworthiness. Another influencing factor is when the person has admitted to criminal wrongdoing or has faced allegations, even when not formally charged. Whether the crime committed was a single serious activity or a pattern of several lesser offenses also has an impact.
• Mitigating factors: Some examples of considerations that might mitigate the effect of a criminal conviction on a person’s ability to obtain security clearance include the recency of the activity, whether the court acquitted the person, and whether it was a one-off event. Another consideration may be whether the individual involuntarily committed the act or was coerced.

How Does a Reckless Driving Conviction Affect Security Clearance?

A conviction for driving recklessly is a more serious criminal charge than a minor traffic infraction that results in a ticket. While a conviction of this type will not automatically bar a person from getting security clearance, the following factors can have an impact:

• Position within the military
• Current security clearance level
• Previous conviction for driving recklessly, or history of misdemeanor convictions

As a person progresses in a military career, he or she may obtain a more advanced security clearance with stricter maintenance requirements. The lowest level of security clearance might only consider felony convictions, whereas higher clearance levels may consider lesser offenses if they suggest patterns of reckless behavior. 

Should You Inform an Employer of a Reckless Driving Conviction?

Many employees can refer to their employee handbook to ascertain whether it is necessary to report a conviction for driving recklessly to their employer. However, anyone who is serving in the military must inform their commanding officer if they are arrested for driving recklessly.

Depending on the branch of the military in which the individual is serving, the penalties for a violation of this type can vary and may include an impact on the person’s security clearance. Driving recklessly does not result in an automatic failure to obtain clearance, but it can easily affect an individual’s reliability, honesty, loyalty, and trustworthiness rating.

Contact a Virginia Traffic Law Attorney Today

Convictions for driving recklessly could have severe, lasting consequences for an individual’s security clearance and career. There are many circumstances that could lead to a charge for reckless driving, and each case is unique. If you are facing reckless driving charges, consider speaking to a seasoned Virginia traffic law attorney from Driving Defense Law. Learn more about the impacts of reckless driving charges on military security clearance by calling (757) 929-0335 to schedule a consultation today.

When purchasing a vehicle, drivers have many reasons to consider a smaller car. They are easy to maneuver and park, have good fuel economy, and are often less expensive than larger vehicles. Add the standard features that most compact cars now come with, such as power locks and windows, keyless entry, and even cargo space, and the appeal of a small car is apparent. However, the answer to this one question may make you rethink whether a small car is right for you: Are small cars safe? Are you more or less likely to be injured or killed in an accident in a small car? Is one small car safer than others? Before your next vehicle purchase, consider contacting an experienced Virginia traffic attorney with Driving Defense Law by calling (757) 929-0335 to discuss the answers to these questions and more. 

Is a Small Car Safer Than a Big Car?

According to the Insurance Institute for Highway Safety (IIHS), 15 of the 20 car models with the highest death rates in 2017 were small cars and minicars. In May of 2020, driver deaths were still highest among small cars. While some small cars are safer than others, the most fatal subsection of small cars is the mini four-door car with 78 deaths per 10 billion miles driven. Compare that to 40 deaths per 10 billion miles for the worst sport utility vehicle (SUV) subsection (small two-wheel drive luxury) and 23 deaths per 10 billion miles for the most dangerous subsection of trucks (large two-wheel drive pickups).

One reason behind the numbers is that a lighter vehicle does not have as much momentum as a heavier one. When an object moves, its kinetic energy increases. A vehicle’s kinetic energy is a combination of its mass and speed, and the greater the mass and/or speed, the more kinetic energy there is. In a multivehicle collision, a lighter car with less kinetic energy feels the impact of all that energy—its own plus that of the bigger vehicle—when both vehicles suddenly stop.

What Is the Safest Small Car in a Crash?

There are many factors that determine how safe a vehicle may be in a crash, including the vehicle’s maintenance and the driver’s experience and skill. Are small cars safe? Some smaller vehicles are considered much safer than others. The IIHS performs crash testing on each new model year of vehicles, from mini and compact cars to the largest trucks and SUVs. In each category of vehicle, they rank the safety of each model compared to others in the same category. In the small car category for 2023, the IIHS identified the following as the safest with their Top Safety Pick+ rating:

• 2023 Acura Integra 4-door hatchback
• 2024 Mazda 3 4-door hatchback
• 2024 Mazda 3 4-door sedan
• 2024 Subaru Impreza 4-door wagon
• 2023 Toyota Prius 4-door hatchback
• 2023 Toyota Prius Prime 4-door hatchback

Additionally, they also list their safety picks for previous model years dating back to 2006. This information is made available to allow those who want to purchase used vehicles to compare safety ratings and include that factor in their decision.

What Is the Safest Small Car Brand?

As previously stated, there are many factors that determine a vehicle’s overall safety. Once a vehicle is out of the hands of the manufacturer and dealer, it is up to the owner to maintain and drive it in a way that ensures continued safety. However, there are some brands that offer significantly more safety features, or whose safety features are more robust than those of other brands, thus making them safer.

Top Safe Small Car Brands

In 2023, the following makes, according to a Consumer Reports article based on IIHS testing, offer more Top Safety Pick+ and Top Safety Pick ratings than others:

• Toyota
• Lexus
• Honda
• Acura
• Mazda

The Consumer Reports list is shorter than in years past (though more are added throughout the year as crash testing continues) because the IIHS has implemented more stringent safety standards for vehicles to meet in order to get the top rankings.

Safety Improvements for Your Preferred Car

When a driver chooses to purchase a small car that does not have a high safety rating, they may have several reasons for making the purchase. Even if the car selected has not earned one of the highest safety ratings, these drivers may have options to improve the safety rating of their chosen vehicle. One option is to determine the area in which the vehicle has been shown to underperform. Choosing a model with a higher trim level or optional features can mean choosing a vehicle with a better safety rating than the base level models.

When purchasing a secondhand vehicle, looking at the safety ratings for the model year is a good start. However, prospective buyers should also check the vehicle’s accident history using the vehicle identification number (VIN). They may also wish to have a mechanic thoroughly examine and test drive the vehicle to confirm that there are no safety issues due to a lack of maintenance or inferior repairs.

Are Small Cars Safer Than Trucks?

Are small cars safer than trucks? Clearly, there are some small cars that can be very safe. Unfortunately, they are not safer, as a general rule, than SUVs and trucks. These larger vehicles are less likely to be damaged in an accident. Due to their size, they also tend to result in fewer and less severe injuries to the occupants, as well as fewer fatalities. Of all vehicles, minivans have been found to have the safest records. However, this may be due to the fact that the drivers of minivans tend to have children as passengers and, therefore, drive more cautiously.

Besides relative size and weight, another factor to consider when comparing different vehicle sizes and safety is quality. In 2002, a researcher from Lawrence Berkeley National Laboratory and another from the University of Michigan collaborated on a study published in Berkeley Lab’s Science Beat that determined a vehicle’s quality is more important for the vehicle’s safety than its weight.

What Other Factors Affect Safety in a Car Crash?

Safety ratings from IIHS or other institutions are based on the safety features identified in a particular vehicle. These might include airbags, brake assist, lane change detection, blind spot activation, and even headlight brightness. While these features certainly increase safety in a vehicle, there are other factors that can significantly impact how safe a vehicle can be in a crash, including:

• Whether the individual is a vehicle occupant: Individuals in larger vehicles are likely to sustain less severe injuries than those in smaller vehicles. However, that same larger vehicle may also cause more significant injuries to a pedestrian or cyclist than a smaller vehicle.
• The point of impact in the crash: The National Library of Medicine indicates that occupants of small cars tend to receive more severe injuries in frontal collisions, but large vehicle occupants receive marginally more severe injuries in side impact collisions. Whether the occupant is a driver or passenger in the front or back seat, the relation to the point of impact also determines that person’s safety level in any vehicle.
• The collision partner: Small cars tend to be involved in more crashes with other vehicles than with roadside objects like trees, traffic signs, or light poles. Larger vehicles are more frequently involved in accidents with roadside objects. Small cars face more injuries and fatalities in frontal collisions with other vehicles, followed by side impact collisions. Large vehicles see more injuries and fatalities in frontal collisions with roadside objects, followed by side impact collisions with other vehicles.
• Road and traffic conditions: Slippery or icy roads, rainy or snowy weather, and other road or weather conditions can cause a driver to have less control over the vehicle, regardless of its size. Traffic may also affect vehicle safety. Both road conditions and the behavior of other drivers can be unpredictable, potentially giving rise to hazards that increase the likelihood of even a very cautious driver experiencing a more significant accident while trying to avoid the hazard. If you have been involved in an accident and were ticketed, an attorney with Driving Defense Law may be able to help.
• The age and experience of the driver: In some circumstances, a driver’s age and driving experience may contribute to the safety of the individuals in the car. For example, an older, more experienced driver may be more likely to remember to pull an emergency brake when the brakes fail than a new driver.

How To Be Safe in Any Size Vehicle

Many may believe that the question should be, “Are small cars safe?” However, considering that every category of vehicle has fatalities and that injuries can occur in any accident, perhaps the better question would be, “How can I be safe in a vehicle of any size?” The answer to that question includes the following:

• Always wear a seatbelt
• Make sure the vehicle is properly maintained with regular oil changes, engine tune-ups, alignments, brake changes, and properly inflated and rotated tires
• Each driver should adjust the mirrors and seats for the broadest view around the vehicle
• Focus fully while driving and avoid texting, eating, and other distractions
• Do not drive while under the influence of drugs or alcohol

Have You Been Involved in a Collision With a Smaller Car?

Are small cars safe? The size of your vehicle is your choice. Choosing a larger or smaller vehicle should not result in being punished if you are involved in an accident. If you have been involved in a collision with a smaller car and believe that you were unfairly ticketed as a result, consider contacting an experienced Virginia traffic attorney with Driving Defense Law. Call (757) 929-0335 to schedule a free consultation to learn more about your legal options.

As home to numerous military bases, Virginia sees its fair share of reckless driving incidents involving military personnel. Every branch of the United States military takes reckless driving charges seriously, whether the incidents that result in them occur on-base or off-base, and military personnel may sometimes be subject to different penalties compared to civilians charged with the same offenses. A traffic defense lawyer in Virginia may be able to help military personnel learn more about their legal options, whether they are facing reckless driving charges in a civilian court or on a military base. Reach out to Driving Defense Law at (757) 929-0335 today for a free case evaluation.

Defining Reckless Driving in Virginia

Ultimately, the decision of whether to issue a charge of reckless driving rests substantially with the judgment of the law enforcement officer performing the traffic stop. Depending on the location of the alleged offense, this might be a Military Police officer, a State Trooper, a deputy, or a local police officer. Each of these law enforcement officials may have a different personal view on what constitutes “reckless driving.” For the most concrete answer, it is worth referring to Virginia law. 

Under the Code of Virginia § 46.2-852, reckless driving is defined as anything that is likely to cause injuries, fatalities, or property damage. By contrast to conditions in some other states, in Virginia the legal definition of reckless driving has nothing to do with the speed of the vehicle. In other words, a military service member could be driving at a relatively slow speed of 10 miles per hour while still operating the vehicle in a reckless manner as defined by the laws of Virginia. If the alleged reckless driving offense occurred outside of a military installation, Virginia law may apply. 

What Are the Penalties for Reckless Driving in the Military?

A number of potential penalties may be associated with reckless driving in the military, but the Uniform Code of Military Justice (also known as the “UCMJ”) references reckless driving specifically. Under 10 U.S.C. Title 10 § 911.111, military personnel “shall” face court martial if they drive in a “reckless or wanton manner.” The article considers treats drunk driving and reckless driving together, but while the passage deals with allowable blood alcohol concentration (BAC) in some detail, it does not attempt to similarly delineate what constitutes “reckless” driving – leaving this determination, on military installations as on many civilian highways, largely to the determination of the officer at the scene. 

Requirements of Article 911 

The requirement for court-martial to some extent determines the procedural implications of a reckless driving charge for military personnel. However, the convening of a court-martial may not necessarily determine its outcome, nor the precise punishments handed down in the event of a conviction. While “shall be punished” generally indicates that there is a requirement for court martial, the results of that court martial for the service member in any individual case are far from predetermined. A conversation with an experienced traffic defense attorney may help members of military services to understand their legal rights if charged with reckless driving. 

Nonjudicial Punishment

If a member of any branch of the United States military is actually charged with reckless driving under Article 911, then a court martial is the prescribed procedure. However, while Article 911 tightly delineates the precise BAC criteria for a charge of operating a vehicle while intoxicated, recklessness in operation of these same vehicles is less precisely defined. 

In cases where reckless driving charges have not actually been issued, commanding officers faced with injudicious operation of a vehicle that does not conclusively meet the accepted standards for “reckless or wanton” operation may choose to pursue nonjudicial punishment, outlined under UCMJ § 815.15 of the UCMJ. Punishments for minor offenses meted out at the discretion of a commanding officer without trial by court-martial do not require the rules of evidence that typically govern judicial proceedings both military and civilian, including courts-martial. 

Court-Martial

Military personnel may face court-martial for reckless driving, as described above. Alternatively, members of any branch of the military have the right to request a court-martial rather than a nonjudicial punishment under some circumstances. The accused may hire an attorney to represent them during the legal proceedings. 

There are a number of potential outcomes if convicted of reckless driving in a court-martial:

• Bad-conduct discharge
• Forfeiture of pay
• Confinement for six months

Penalties become much worse if the reckless driving resulted in personal injury or death, so military personnel facing a reckless driving court-martial may wish to consult with an experienced traffic defense attorney to discuss their legal options. 

What Happens if You Get a Traffic Ticket While in the Military?

After a military service member receives a traffic ticket, the first step should be to determine which laws apply to the alleged offense. State, federal, or UCMJ law may apply depending on the location of the offense and other factors. 

Defense Strategies for Reckless Driving Charges in the Military

There are a number of potential defenses to reckless driving in the military:

• The offense was accidental: A military service member may accidentally drive in a reckless manner due to some kind of medical emergency, a mechanical failure, or another factor completely out of their control. 

• Mistaken identity: Traffic tickets can sometimes be issued in error. If the arresting officer wrote the wrong information on the citation, this may lead to the charges being dropped. Even small mistakes like incorrect license plate numbers can lead to dismissal. 
• History of bravery: In the military, the service history of the accused may prove to be a mitigating factor when facing offenses such as reckless driving. If the accused has a decorated service record, the presiding officers may take this into account during a court-martial. 

Reach Out to a Virginia Traffic Lawyer Today

The consequences for alleged reckless driving in Virginia can be serious regardless of military status. Generally speaking, members of the military stationed within the United States are subject to state laws when they are not on a military base, and the state of Virginia treats reckless driving as a Class 1 misdemeanor. Convictions for a reckless driving charge can therefore carry stiff penalties, for military personnel as well as for civilians. Military personnel facing these issues in Virginia should consider working with a traffic defense lawyer with direct experience with the Uniform Code of Military Justice and the special factors that may affect military personnel, both on- and off-base. Call Driving Defense Law at (7575) 929-0335 today and schedule a consultation to discuss these subjects in more detail.