Author: john

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

Car Seat And Booster Seat Laws In Virginia

Written by john on October 14, 2024. Posted in Traffic Resources.

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 October 13, 2024. 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.

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

Written by john on October 8, 2024. Posted in Traffic Resources.

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 October 6, 2024. 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 September 27, 2024. 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!

officer writing a ticket to man sitting in his car

What to Do If You Get a Speeding Ticket on Route 13 in Virginia

Written by john on September 26, 2024. Posted in Reckless Driving, Speeding.

Ever been caught off guard by those flashing blue and red lights in your rearview mirror while cruising down Route 13 in Virginia? We’ve all been there, and we know how quickly a simple drive can turn into a stressful ordeal. But don’t panic! We’re here to guide you through the process of what to do if you get a speeding ticket on this notorious stretch of road.

Understanding the laws and knowing your rights can make a world of difference when dealing with a speeding ticket. So buckle up as we navigate the ins and outs of Virginia’s traffic laws, offering advice to help you take control of the situation. Remember, a speeding ticket isn’t the end of the road—it’s just a speed bump along the way.

Understanding Speed Limits on Route 13 in Virginia

Virginia’s Route 13 abides by the state’s speed limit laws, which generally stipulate a limit of 55-70 mph on highways, dropping to 25-35 mph in business or residential areas. The limits represent maximum speed during optimal conditions, and drivers should slow down in poor weather or road conditions. Particularly on Route 13, the speed limit is primarily 55-60 mph, but can decrease to 25 mph in town areas like Exmore. Awareness and adherence to these limits help avoid penalties such as speeding tickets.

Receiving a Speeding Ticket

Speeding tickets are unfortunately common on Route 13 in Virginia, making knowledge of the process and consequences essential for any driver.

How Speeding Tickets are Issued

On Route 13, as in most of Virginia, speeding tickets are most often issued by law enforcement officers who’ve clocked a driver’s speed using radar or LIDAR devices. These gadgets accurately measure a vehicle’s speed, providing clear evidence for the officer to issue a ticket. An officer can also issue a ticket based on pacing your vehicle, particularly if the speed exceeds the posted limit by a substantial amount. Remember, remaining civil during the interaction increases the likelihood of a positive outcome.

Consequences of a Speeding Ticket

Upon receiving a speeding ticket in Virginia, a driver faces both immediate and long-term consequences. Immediately, there’s a fine that varies depending on the speed over the limit, with fines typically starting at around $6 per mile over. Additional court costs could increase the total significantly. In the long term, drivers accumulate demerit points on their driving record, potentially causing insurance rates to rise and licenses to be suspended or revoked based on the severity of the offense or repeated violations. Delinquency in paying the fine can even lead to license suspension.

Legal Response to a Speeding Ticket on Route 13

The intricacies of dealing with a speeding ticket on Route 13 involve understanding when to contest the ticket and knowing how to attain legal assistance if needed. An informed approach is your optimal path to handling this predicament.

When to Contest the Speeding Ticket

Disputing a speeding ticket isn’t always warranted; hence, discerning the best course of action is vital. Contest the ticket if there’s a factual error, such as a wrong traffic code or inaccurate vehicle description. Another reason is suspecting an error in the officer’s speed measurement, such as a radar device malfunction. You might also consider contesting if you believe it’ll lead to severe consequences like license suspension due to prior offenses.

How to Contact an Attorney

Contacting an attorney for legal counsel can be elemental in your defense strategy. Begin by conducting local attorney searches, using online directories like the Virginia Bar Association’s list, or acquiring referrals from individuals previously in similar situations. Check for attorneys specializing in traffic laws; this can be crucial considering the particularity of such cases. Contact potential attorneys via phone or email. Ensure to summarize your case succinctly for valuable initial feedback.

Navigating Virginia’s Speeding Ticket Process

Getting a speeding ticket on Route 13 can be challenging, but understanding the process helps.

Steps to Take After Receiving a Ticket:

Document the incident and check for errors on the ticket.
Pay the fine promptly (if not contesting) to avoid further penalties like license suspension.
Consult a traffic attorney for expert advice and potential defense.

Preparing for a Court Hearing:

Gather evidence and know the speed limit in the area.
Maintain a clean driving record for a better outcome.
Rely on an attorney to help reduce or dismiss charges.
Dress appropriately and be punctual for court.

Prevention and Safe Driving

Preventing speeding tickets requires safe and attentive driving, particularly on Route 13 in Virginia due to its changing speed limits. Following the legal speed limits, practicing defensive driving, being aware of changing conditions, and regularly checking your speedometer is crucial. Town areas like Exmore often change their speed limits. For additional safety information, the Virginia Department of Motor Vehicles and the Virginia Highway Safety Office can provide valuable resources, traffic laws, and safety education. The AAA also offers defensive driving courses to encourage road safety compliance.

Conclusion

In summary, receiving a speeding ticket on Route 13 in Virginia can be a stressful experience, but understanding the laws, your rights, and the steps to take can make all the difference. We’ve walked through the key aspects—from speed limits and how tickets are issued to the potential consequences and how to prepare for a court hearing. We’ve also emphasized the importance of safe driving to avoid future tickets.

Navigating this process with the right legal support is essential, especially when the stakes are high. If you’ve received a speeding ticket or are facing other traffic violations, let the experienced team at Driving Defense Law guide you through it. Our attorneys are here to protect your rights and help you achieve the best possible outcome. Contact us today for expert legal assistance and take control of your driving record!

image of a tunnel with the lights from cars

Why You Need a Lawyer for a Speeding Ticket on the Chesapeake Bay Bridge-Tunnel

Written by john on September 25, 2024. Posted in Reckless Driving, Speeding.

Receiving a speeding ticket on the Chesapeake Bay Bridge-Tunnel (CBBT) can be a daunting experience, not just because of the picturesque yet intimidating crossing but also because of the complexities involved in handling traffic violations in such a unique and busy area. The CBBT’s distinctive combination of bridges and tunnels makes it a critical transportation link, and any infractions here can have significant implications. Navigating the legal and procedural aspects of a speeding ticket requires expertise, making a knowledgeable traffic lawyer an invaluable asset in these situations.

Understanding Speeding Ticket Laws on the Chesapeake Bay Bridge-Tunnel

Speed limits on the Chesapeake Bay Bridge Tunnel are strictly enforced due to the high traffic volume and the critical nature of this crossing. Typically, speed limits are set lower than on regular highways, reflecting the need for safety on this complex structure. Violating these speed limits can lead to substantial fines, demerit points on your driving record, and even increased insurance premiums. The CBBT’s unique layout, including its tunnels and bridges, adds an additional layer of complexity to how these laws are enforced and understood.

Reasons You Need a Lawyer for Your Speeding Ticket

Navigating a speeding ticket received on the Chesapeake Bay Bridge-Tunnel calls for expertise only a seasoned lawyer can provide. Let’s explore the critical reasons why obtaining legal representation ought to be your first line of action.

Complex Traffic Regulations: The speed limits and traffic regulations specific to the CBBT can be confusing. A lawyer who understands these regulations can help clarify any uncertainties and ensure that you are fully informed about your rights and obligations.
Avoiding Increased Penalties: Speeding violations on the CBBT can result in significant fines and demerit points. An experienced traffic lawyer can work to reduce these penalties, potentially saving you money and avoiding the long-term impact on your driving record.
Navigating the Legal Process: From contesting the ticket to preparing for court, the legal process can be complex and overwhelming. A lawyer will guide you through each step, ensuring that all paperwork is properly filed and deadlines are met.
Potential for Ticket Dismissal: An attorney can identify any errors or inconsistencies in the ticket or the circumstances surrounding it, which could potentially lead to a dismissal or reduction of the charges.
Preserving Your Driving Record: A traffic violation can have lasting effects on your driving record and insurance rates. A lawyer’s expertise in negotiating with the court can help mitigate these impacts, preserving your driving record and keeping your insurance premiums manageable.

Selecting the Right Speeding Ticket Lawyer

Choosing the right lawyer for a speeding ticket is crucial. Here, we’ll explore what to look for in a lawyer and common mistakes to avoid during the hiring process.

Traits to Look for in a Speeding Ticket Lawyer

First, consider prior experience in traffic violation cases. Experienced lawyers can often navigate the legal system more efficiently. Second, communication skills matter. It’s crucial for lawyers to articulate your case clearly and convincingly. Lastly, consider recommendations. Positive reviews from past clients indicate an attorney’s competence. These fundamental traits – experience, communication abilities, and commendations – make an effective speeding ticket lawyer.

Mistakes to Avoid While Hiring a Speeding Ticket Lawyer

One major pitfall is neglecting to verify lawyers’ qualifications. Always verify if they’re legally certified to practice in your state. Another common mistake is not discussing fees upfront. Determine all costs to avoid unexpected charges. Lastly, not checking previous clients’ feedback can be risky. Reviews provide insights into lawyers’ expertise and professionalism. Avoid these mistakes—overlooking qualifications, not discussing fees, and disregarding client feedback—for a successful legal partnership.

Conclusion

Handling a speeding ticket on the Chesapeake Bay Bridge-Tunnel requires more than just paying a fine. The complexities of traffic laws, the potential for significant penalties, and the impact on your driving record make it crucial to seek professional legal assistance. By enlisting a skilled traffic lawyer, you can navigate the legal process effectively, reduce potential penalties, and safeguard your driving record. If you’ve received a speeding ticket on the CBBT, don’t hesitate to contact Driving Defense Law for expert guidance and support. Our experienced attorneys are here to help you achieve the best possible outcome and get back on track.

Out-of-State Drivers: What to Know About Virginia Speeding Tickets

Written by john on September 24, 2024. Posted in Reckless Driving, Speeding.

Navigating the open road can be a thrilling experience, but it’s not without its pitfalls – especially when you’re an out-of-state driver unfamiliar with local traffic laws. In Virginia, this can be particularly tricky as the state’s speeding laws are known for their strict enforcement.

Whether you’re a seasoned road-tripper or a first-time visitor, understanding Virginia’s speeding ticket protocols is crucial. We’re here to shed light on this often confusing topic, providing you with essential knowledge and practical tips to avoid any unpleasant surprises on your journey. Buckle up as we delve into the complexities of Virginia speeding tickets for out-of-state drivers.

Understanding Speeding Laws in Virginia

Speeding in Virginia is defined as exceeding posted maximum speed limits or driving too fast for conditions, even if within the speed limit. The penalties for speeding vary, with minor offenses typically resulting in fines, demerit points, and increased insurance premiums. More serious infractions, such as reckless driving (speeding 20 mph over the limit or above 85 mph), can even lead to jail time.

Impact of Out-of-State Driver Status

Virginia’s approach to handling out-of-state speeders can leave an impact on a driver’s record. This impact is determined by Virginia’s laws and the home state’s agreement on reciprocity.

How Virginia Handles Out-of-State Speeders

In the Commonwealth of Virginia, the law does not differentiate between resident and non-resident motorists. All drivers, irrespective of their state of origin, remain liable to the same speeding regulations. The Commonwealth posts and enforces speed limits strictly, showing no leniency based on the driver’s state of origin. Therefore, an out-of-state driver caught speeding is liable for a fine, similar to a Virginia resident.

Reciprocity Among States

The effect of a speeding ticket from Virginia on an out-of-state driver’s record primarily depends on the Department of Motor Vehicles (DMV) practices in their home state. The Driver License Compact (DLC), an agreement among 45 states and the District of Columbia, promotes the sharing of driver violation information. Yet, such reciprocity varies. Some states, through this agreement, apply demerit points for out-of-state violations. Others may only track violations but not assign points. Hence, the weight of a Virginia speeding ticket alters based on the home state’s specific regulations and agreement terms.

Out-of-State Drivers and Virginia Speeding Tickets: The Process

This section outlines what out-of-state drivers should expect if they receive a speeding ticket in Virginia, including steps to follow when pulled over and actions to take afterward.

Getting Pulled Over: What to Expect

Stay Calm: Remain composed and keep your hands visible, ideally on the steering wheel.
Follow Instructions: Adhere to the officer’s directions and be prepared to provide your identification and driving documents.
Ask Questions: You can politely ask why you were stopped.
Understand Charges: In Virginia, exceeding the speed limit by 20 mph or more, or traveling over 85 mph regardless of the limit, may result in a reckless driving charge.

Post-Ticket Procedures for Out-of-State Drivers

Review the Ticket: Carefully read the ticket for information on the fine amount and court date.
Pay the Fine: Typically, fines need to be paid before the court date mentioned on the ticket. Ignoring the ticket can lead to a bench warrant.
Contact a Lawyer: Reach out to a Virginia speeding ticket attorney to understand the impact on your driving record and insurance rates, considering your home state’s reciprocity rules with Virginia.
Adjust Driving Habits: Make necessary driving adjustments to avoid future violations and ensure safer travels on Virginia roads.

Special Considerations for Out-of-State Drivers in Virginia

In this section, let’s delve into specific issues that out-of-state drivers often ask about – mainly, contesting a ticket from out-of-state and impacts on insurance and driving records.

Can You Contest the Ticket from Out-of-State?

Yes, you can. However, it’s not as straightforward as for a Virginia resident. An out-of-state driver must either travel back to Virginia for the scheduled court date or hire a local attorney to represent them. Nevertheless, it is vital to show up for your court date – without representation, there could be severe consequences, like the issue of a bench warrant.

Impact on Your Insurance and Driving Record

A Virginia speeding ticket does have the potential to influence a driver’s record and insurance rates, depending on the practices of their home state’s DMV and the individual’s auto insurance company. For instance, states within the Driver License Compact (DLC) share driver violation information. As such, a driver’s violation in Virginia can impose demerit points on their record in their home state. Insurance increases also vary – some companies may raise rates significantly after just one minor speeding ticket, while others may ignore a first offense.

Practical Advice for Out-of-state Drivers in Virginia

As spotlighted previously, Virginia’s speeding laws present unique challenges for out-of-state drivers. However, a well-prepared driver can navigate these regulations with ease. Let’s delve into sound advice to avoid encounters with speeding tickets and best practices if one lands in your hands.

Tips to Avoid Speeding Tickets

Observing speed limit signs might be a no-brainer, but it’s one surefire way to avoid a speeding ticket. Virginia’s diverse weather conditions can also affect the adequacy of your speed, so adjust it during inclement weather. Utilizing navigational aids or apps can also help alert you to changes in speed zones. Remember, some areas in Virginia employ speed cameras, so continuous vigilance pays off.

Handling Speeding Tickets: Dos and Don’ts for Out-of-State Drivers

When you’ve received a speeding ticket, keep your composure. Follow the officer’s instructions and limit your dialogue. Afterward, ensure that you thoroughly understand all details on the ticket, including the fine and court date. Ignoring the citation could lead to unfavorable results, such as bench warrants. Consulting a Virginia traffic attorney can provide insights into your situation and potential impacts on your driver’s record and insurance. Keep in mind that contesting a ticket requires your presence in court or hiring an attorney to represent you. Sticking to these do’s and don’ts can minimize any negative repercussions.

Conclusion

So, we’ve explored the essentials of Virginia’s speeding laws, particularly for out-of-state drivers, and highlighted the importance of understanding these regulations due to their potential impact on your driving record and insurance rates. Virginia enforces its rules consistently, regardless of where you’re from.

We’ve also discussed how your home state’s DMV practices and insurance policies might be affected by a Virginia speeding ticket. Staying calm, following the officer’s instructions, and carefully reviewing the citation details are crucial steps in managing the situation effectively.

If you find yourself facing a speeding ticket in Virginia, don’t overlook it. Reach out to Driving Defense Law for expert legal assistance. Our experienced attorneys can help you navigate the complexities of your case, explore your options, and potentially contest the ticket. With the right support and guidance, you can address the ticket effectively and maintain confidence while driving. Contact us today to get the help you need and ensure the best outcome for your situation.

Soldier in the military potentially dealing with how convictions affect military service, shown in handcuffs.

Military With A Felony: How Convictions Affect Military Service

Written by john on September 23, 2024. Posted in Military.

Felony convictions can alter the lives of all Americans. However, military service members may face different challenges compared to average civilians after conviction. Soldiers often feel uncertain about dishonorable discharges from the military with a felony, and new recruits may worry about rejections based on their criminal records. Whatever the case may be, defendants can discuss their unique concerns and priorities with an experienced military defense attorney in Virginia. Driving Defense Law has experience with defending military service members, and we may be able to provide further insights during a consultation. Consider calling (757) 929-0335 to begin this discussion today.

Will I Get a Felony Conviction for Off-Base Crimes in Virginia?

The Uniform Code of Military Justice (UCMJ) does not follow the same sentencing guidelines as state or federal criminal courts. There is no such thing as a “felony” according to the UCMJ, and it is therefore impossible to face a felony conviction for an offense tried in a military court. That being said, not all military offenses are tried in military courts under the UCMJ. A first step for soldiers accused of crimes outside of their normal military duties should be to determine which court has jurisdiction over their case. For example, a Navy seaman might have been accused of a felony DUI in Virginia while driving off base during leave. If service members face trials in civilian courts, felonies are certainly possible. However, felonies are impossible under the UCMJ.

Although the UCMJ does not use the term “felony,” it can still enforce strict penalties for serious crimes. The equivalent of a felony in the military is a “general courts-martial.” This type of military court deals with the most serious offenses, potentially including both service-related and non-service-related crimes. Examples include absence without leave (AWOL) and murder. In some cases, military service members may face charges in civilian courts and military courts. Due to issues regarding double jeopardy, however, local authorities often agree to waive prosecutions – giving the military sole jurisdiction. This is particularly common in the case of serious crimes, such as felonies. According to the Justice Department, most off-base crimes are tried by court-martial and investigated by the Department of Defense. As a result of this investigation, the Department of Defense will notify all parties when military jurisdiction does not apply.

Consequences for Felonies That Were Not “Service-Related”

Prosecution under civilian courts is more likely for crimes that were not “service-related.” The definition of “service-related” in this context is quite vague, although O’Callahan v. Parker provides a notable example. This case is available for review in the Library of Congress, and it involves a sergeant in the United States Army facing several felony-level charges for attempted rape in Hawaii. He was off-base at the time of the offense, wearing civilian clothes with an evening pass. Initially, the defendant was convicted under the UCMJ and sentenced to ten years of hard labor with a dishonorable discharge. However, the defendant successfully filed a petition for a writ of error coram nobis while incarcerated.

This eventually led to an important Supreme Court decision that limited the jurisdiction of military courts. The Supreme Court ruled that if an offense is not service-related and has no “military significance,” the accused military service member should enjoy their full constitutional rights – namely the right to a jury trial. In making this decision, the Supreme Court stated that military trials for civilian offenses are “generally viewed with suspicion” – noting that military justice under British colonial rule was a major factor in sparking the American Revolution.

Will I Get a Dishonorable Discharge for a Felony?

Conviction of a felony-level offense in a general court-martial often leads to a dishonorable discharge. However, it is also possible to face an “administrative separation in lieu of court-martial.” This practice – which is highly controversial – allows service members to leave the military with no further consequences. There is no federal conviction, which means that criminal records remain unblemished. According to the Texas Tribune, this practice is particularly common in cases involving violent crimes within the military – such as cases involving domestic violence or sexual assault between soldiers.

A dishonorable discharge can affect a soldier for the rest of their life. They may lose the right to possess firearms, vote, and hold office. They might also find it difficult to secure a loan or gain meaningful employment after leaving the military. For many soldiers, the most difficult aspect of a dishonorable discharge is the loss of Veterans’ Benefits. Some recruits join the military specifically to take advantage of these benefits, which may help with healthcare, loans, housing, and education. Soldiers facing dishonorable discharges may attempt to limit these consequences by working with an experienced military defense attorney at Driving Defense Law.

Can a Felony Prevent Me From Joining the Military?

A potential recruit may still have the ability to join the military with a felony on their criminal record. Officially, recruiting felons is prohibited by U.S. Code, Title 20, Section 504. In reality, however, convicted felons may still join the military after obtaining special waivers. The military may examine the specific circumstances of the conviction to determine whether the enlistee is suitable for the armed forces. With that being said, the American Sociological Association states that felons serving in the military are more likely to face active combat – and they are statistically more likely to die or suffer serious injuries. In other words, the military tends to place convicted felons “on the front lines.”

Contact Driving Defense Law Today

Criminal defense is almost always a complex subject, but these complexities may be even more challenging to understand for those serving in the military with a felony. Each branch of the armed forces may have its own policies and regulations, and the question of jurisdiction is often unclear. Experienced military criminal defense attorneys in Virginia may provide clarity on these issues, and defendants may be able to raise their own unique concerns during consultations. Consider continuing this discussion with a consultation at Driving Defense Law. Call (757) 929-0335 to discuss legal options in more detail.

Improper Passing Ticket

Written by john on September 16, 2024. Posted in Miscellaneous Traffic Offenses.

Passing another vehicle may be such a familiar task that many drivers give it little consideration. However, Virginia maintains a strict code governing when, where, and how a driver may pass another vehicle. Violating any of Virginia’s improper passing statutes can result in a traffic stop and an improper passing ticket, which will then be subject to a fine under the Commonwealth’s Uniform Fine Schedule. While the fines associated with improper passing tickets are not among the heaviest prescribed by law, they are nonetheless inconvenient expenses accompanied by demerit points that remain with the driver’s license for three years, according to the Virginia Department of Motor Vehicles (DMV). If you have received an improper passing ticket in the Norfolk area or anywhere in Virginia, consider scheduling a consultation with an experienced Virginia traffic defense attorney before you admit guilt by paying even a small fine. Call Driving Defense Law today at (757) 929-0335 to discuss your legal options.

How Much Is an Improper Passing Ticket in Virginia?

Most improper passing tickets in Virginia carry a required fine of $30 per violation. The exception to this rule is passing a stopped school bus. Stopped school buses can be especially tempting to pass due to the frequency of their stops and the fact that in many cases their travel hours overlap with morning and evening work commutes. However, passing a stopped school bus poses hazards for a number of reasons – the most obvious being that one of the main reasons for a school bus to stop is to let children board or debark, and as a result a stopped school bus represents an environment in which there is a high probability that children will enter the roadway.

Virginia’s laws take these hazards into account and levy a higher fine for passing a stopped school bus than for other improper passing tickets, as a deterrent to the behavior. Drivers ticketed for passing a stopped school bus under Code of Virginia § 46.2-844 can expect to pay $250 per violation, if they pay the ticket without contesting.

How Long Does Improper Passing Stay on Your Record in Virginia?

Improper passing is listed as two separate three-point violations by the Virginia DMV: improper passing, and improper passing on the right. Both violations are considered three-point violations for the purpose of calculating Virginia’s driver’s license demerit points, and each set of three points will remain on the driver’s points record for three years. Some drivers may be inclined to treat three points as a “minor” violation – but it is important to remember that driver’s license points accrue until they expire, and even a seemingly small infraction can result in significant consequences, such as license suspension, if the driver has already accumulated a substantial points history.

Auto insurance companies, meanwhile, have a financial interest in monitoring the driving records of the auto owners they insure, and frequently raise insurance premiums in response to ticketing and DMV points. If you have received an improper passing ticket in Virginia and you are concerned about your accruing DMV points, you may wish to speak with an attorney from Driving Defense Law who will be familiar with Virginia’s improper passing laws before you commit to paying a fine.

What Is the Definition of Illegal Passing?

Any passing that is proscribed by law will be illegal. The laws that prohibit passing under certain circumstances, or that specify that passing is only permitted under a given set of a conditions, are generally set at the state level, although a few basic principles – such as passing on the left in most situations, while slower-moving vehicles keep to the right – tend to remain broadly true throughout most parts of the United States.

In Virginia, laws governing passing on thoroughfares throughout the Commonwealth are enumerated in a series of statutes under Chapter 8, Article 4, of the Code of Virginia. This article includes provisions for passing stopped vehicles in a variety of settings, for passing on divided and undivided highways, and for passing specific types of vehicles, such as mopeds, bicycles, and stopped refuse collection trucks. The article also specifies the amount of clearance an overtaking driver must give to any vehicle they are passing – two feet, in most cases, and usually to the left of the overtaken vehicle. Violating any of these statutes on a Virginia roadway may result in an improper passing ticket.

Can I Just Pay My Ticket and Not Go to Court?

Individuals who receive tickets for minor traffic infractions, such as improper passing, often wonder if they should simply pay the ticket and avoid the time and inconvenience of a court date. Particularly for the lesser expenses associated with improper passing of vehicles other than school buses, paying the fine can seem like an attractive option compared to the likely expense involved in missing work and commuting to and from the traffic court, especially given the intense traffic experienced in some parts of the state during peak travel times.

However, it is important to remember that the demerit points on a Virginia driver’s license will accrue over time. Even the three demerit points applied for an improper passing ticket can put a Virginia driver in a poor position to receive any future DMV points before those three points “fall off” their license – and a Virginia driver with a recent history of traffic tickets can likely expect a commensurately increased auto insurance premium that may be many times the amount of the initial fine that accompanies the improper passing ticket. For all of these reasons, you may wish to consider speaking with an experienced Virginia traffic defense attorney before making a determination about whether to contest your ticket for improper passing.

Schedule a Consultation With Our Virginia Traffic Defense Team

If you have been ticketed for a passing violation in Virginia, there are several factors you should consider before determining your next steps. Even a simple improper passing ticket establishes a record of moving violations on your Virginia driver’s license, and accrues demerit points with the DMV. If you are accused of the more serious violation associated with passing a stopped school bus, you face a steeper fine and closer scrutiny when you appear in the traffic court that has jurisdiction over your case. In many cases, a seasoned traffic defense lawyer may be able to get moving violation tickets reduced or even dismissed. Whether either will be an option in your particular circumstances may depend on the factors present in your specific case, so consider scheduling a consultation with a Virginia traffic lawyer familiar with these types of tickets, who may be able to help you navigate the traffic court procedures in order to pursue a positive outcome. Contact Driving Defense Law today by calling (757) 929-0335 to speak with one of our experienced attorneys.