Author: john

Suspected drunk driver pulled over by police in Virginia for a possible DUI offense.

What Happens On A 1st, 2nd, And 3rd DUI Offense In Virginia

Written by john on September 9, 2024. Posted in DUI.

Driving under the influence (DUI) in Virginia becomes more serious with the presence of various aggravating factors. Although there are many of these factors to consider, the number of prior convictions is perhaps the easiest to understand. The more DUI convictions a defendant has on their record, the more severe subsequent penalties become. In the absence of injuries and other aggravating factors, a first DUI offense leads to relatively light penalties in Virginia. However, this leniency disappears with second and third offenses. Defendants can discuss the specifics of their circumstances with an experienced DUI defense lawyer in Virginia. Consider calling Driving Defense Law at (757)929-0335 to continue the conversation.

What Happens After a 1st DUI Offense in Virginia?

According to the Virginia Law Library, a first-offense DUI is a Class 1 misdemeanor. Like most states, the legal blood alcohol concentration (BAC) limit in Virginia is 0.08 percent. Defendants may also be charged with a DUI offense if they drive while “under the influence of alcohol.” This implies that even without a BAC test result over 0.08 percent, a defendant can still face charges if an arresting officer determines that their driving ability is impaired by alcohol. These charges also apply when driving ability is impaired by drugs – or a combination of drugs and alcohol. Virginia outlines specific maximum blood concentrations for certain drugs while driving, such as 0.02 milligrams of cocaine per liter of blood. These laws apply not only to passenger cars, but also to many other vehicles – including mopeds.

According to the Office of the Attorney General in Virginia, a Class 1 misdemeanor leads to up to 12 months in jail and a fine of up to $2,500. Virginia also states that the mandatory minimum fine for a first-offense DUI is $250. Barring any other aggravating factors (including injuries and property damage), many defendants may avoid incarceration for first-offense DUIs. While jail time is certainly possible, defendants can work with Driving Defense Law to discuss legal strategies for mitigating consequences.

What Happens After a 2nd DUI Offense in Virginia?

A second DUI offense may lead to more serious consequences. If a defendant commits a subsequent DUI offense within 5 years of a first DUI conviction, they face a mandatory minimum fine of $500. A defendant also faces a mandatory minimum jail sentence of one month for a second-offense DUI. However, the maximum jail sentence of one year remains the same compared to a first-offense DUI. That being said, it may be possible to receive a lower jail sentence of 20 days after conviction.

A defendant who commits a second DUI offense within ten years of a first offense faces a slightly more lenient mandatory minimum sentence of 10 days. The mandatory minimum fine of $500 remains the same. This “lookback period” of 10 years is quite extensive, and it makes second-offense DUIs highly likely for various drivers in Virginia. A felony charge for a second DUI offense in Virginia is possible if the first offense involved aggravating factors. These factors might involve deaths, serious injuries, hit-and-runs, and child endangerment.

What Happens After a 3rd DUI Offense in Virginia?

If a defendant commits three DUI offenses within a 10-year period, they face a Class 6 felony. According to the Office of the Attorney General in Virginia, a “normal” Class 6 felony may lead to between one and five years in prison. The mandatory minimum sentence for this felony offense is 12 months with a maximum fine of $2,500. However, DUI laws in Virginia state that the mandatory minimum sentence for a third DUI offense is actually 90 days. This mandatory minimum sentence increases to six months if the three DUI offenses occurred within a five-year period. Virginia also outlines a mandatory minimum fine of $1,000 for a third-offense DUI.

What Happens After a 4th DUI Offense in Virginia?

The penalties for DUI offenses continue to increase even after the third conviction. A fourth conviction within 10 years leads to a mandatory minimum sentence of one year in prison. This felony offense also leads to a mandatory minimum fine of $1,000. This is the maximum penalty a defendant can receive for a DUI in Virginia. Barring any other aggravating factors, penalties cannot exceed sentences for Class 6 felonies in Virginia. This applies to fifth, sixth, and subsequent DUI offenses.

When Does a 1st DUI Offense Lead to Jail Time in Virginia?

Although Virginia does not outline a mandatory minimum jail sentence for a normal first-offense DUI, this only applies to defendants with BAC levels under 0.15 percent. If a defendant registers a BAC level of at least 0.15, they face a mandatory minimum jail sentence of five days. If their BAC level exceeds 0.20, they may face an additional mandatory minimum sentence of 10 days – for a total of 15 days behind bars. Of course, it is also possible to face much more serious penalties for first-offense DUIs with other aggravating factors – most notably deaths and injuries.

What Happens After a 2nd DUI Offense with a BAC over 0.15?

A second-offense DUI with a BAC over 0.15 will trigger a mandatory minimum 10-day jail sentence. If the defendant registers a BAC of over 0.20, they face an additional mandatory jail sentence of 20 days – for a total of one month behind bars. There is also a mandatory minimum $500 fine.

Contact Driving Defense Law Today

Although prior convictions can affect DUI penalties in Virginia, there are many other factors to consider. These might include injuries, deaths, property damage, BAC levels, alleged hit-and-runs, and more. Due to these varying factors, it might be difficult to determine potential penalties based solely on the number of prior DUI offenses. Although online research can provide numerous insights, defendants may receive more personalized guidance during consultations with experienced DUI defense lawyers in Virginia. A consultation may also provide an opportunity to discuss potential defense strategies. To begin this discussion, consider calling (757)929-0335 to schedule a consultation with Driving Defense Law.

Wildlife-vehicle collisions are unfortunate types of motor vehicle accidents involving animals, such as when deer cross the street while there is oncoming traffic.

Wildlife-Vehicle Collisions: Accidents Involving Animals Crossing The Street

Written by john on September 3, 2024. Posted in Uncategorized.

According to the Federal Highway Administration (FHWA), motorists in the United States drive an average of approximately 13,000 miles every year, with many of these drivers encountering animals during their travels. When a collision occurs between a vehicle and an animal, this endangers both humans and animals, highlighting the importance of keeping wildlife away from roads to prevent injuries and fatalities. Learn about accidents involving animals crossing the street, and discover how a Virginia traffic law attorney can assist with legal claims associated with wildlife-vehicle collisions; contact Driving Defense Law today by calling (757) 929-0335.

What Are Wildlife-Vehicle Collisions?

A wildlife-vehicle collision (WVC) refers to an incident involving a vehicle coming into contact with a wild animal on a road, impacting wildlife conservation and human safety. These incidents commonly occur in areas where natural habitats intersect with roadways, and they can result in deaths and injuries for humans and animals.

WVCs involve numerous animals, including large mammals such as moose, elk, and deer, as well as smaller animals like amphibians, reptiles, and birds, with the likelihood of the collision often depending on the animal’s behavior and size. The following factors typically cause these types of collisions:

Road design: Some roads are closer to natural habitats and animal migration routes than others, making it more likely for accidents to occur in these locations.
Animal behavior: Animals can behave differently depending on the time of year, which can influence the chances of WVCs occurring; for instance, during breeding and migration periods, animals could be more likely to cross roadways.
Human actions: These factors include visibility, driver speed, and motorist awareness.

What Animal Causes the Most Car Accidents?

In the vast majority of states, deer cause most motor vehicle accidents. Another common animal type involved in these collisions is birds; these incidents typically occur in more rural areas where the roads are wider and the speed limits are higher, and they can involve birds perching on the road, low-flying birds, and larger swooping birds such as barn owls. Other animals often part of these incidents include squirrels, coyotes, skunks, turtles, raccoons, rabbits, dogs, and cats.

What Do Drivers Do When There Is an Animal Around That Tends To Cause a Collision?

Wildlife on the road can act in unexpected ways, causing hazards for motorists, particularly in the fall and winter. However, many of these incidents are preventable. With this in mind, here are some tips for avoiding WVCs.

Check the Road Ahead

Be sure to continuously scan roadways for animals when driving, as this gives motorists ample time to react. Alongside this, remember that animals often travel in groups, so be on the lookout for more than one.

Explore wildlife-vehicle collisions in greater detail, including those involving animals crossing the street, and find out how Driving Defense Law can help victims of these incidents. Contact our firm today to speak to a seasoned Virginia traffic law attorney.

Utilize High Beams

When there is no approaching traffic, utilize the vehicle’s high-beam headlights. This enables wild animals to spot the vehicle, and it allows motorists to timely spot wildlife, adjust their speed, sound the horn, and move over to avoid a collision.

Avoid Swerving

If it is not possible to avoid a collision, brake firmly and stay in the lane. Avoid swerving since this could result in motorists losing control, which may lead to a more severe crash, such as colliding with another car or rolling the vehicle.

Stay Vigilant at Dawn and Dusk

Many animals, particularly deer, are more active during the start and end of the day, making them more likely to cross roads at these times. Motorists can help avoid WVCs by staying extra cautious when driving at dawn and dusk.

Be Cautious in Areas with More Wildlife

Some areas have higher levels of wildlife than others, and these locations may have road signs indicating this. Be wary of these signs, and when noticing them, reduce the vehicle’s speed and remain vigilant. Additionally, during mating or hunting seasons, remember that there is a greater degree of wildlife movement.

Adopt Safe Driving Practices

Adopting standard safe driving practices can help avoid WVCs or mitigate the consequences if involved in these incidents. This includes always wearing a seat belt while driving, staying alert, not driving while under the influence of alcohol or other substances, not using a smartphone or other device that can cause driver distraction, and avoiding driving when tired.

What Are the Consequences of a WVC?

The severity of a WVC depends on several factors including the speed of the vehicle, as well as the size of the animal and how fast the animal was moving toward the vehicle at the time of impact. A WVC often results in animal injury or death, and it can also cause physical injuries to the vehicle’s driver and passengers, in addition to fatalities and emotional trauma. Another consequence of a WVC is the damage caused to the vehicle.

Where Are WVCs Likely To Occur?

WVCs involving animals of all sizes, including larger mammals such as deer, are more likely to occur on country roads or in quiet neighborhoods. However, WVCs also take place in busier neighborhoods and on highways; these accidents typically involve smaller mammals and reptiles.

What To Do if Involved in an Animal-Vehicle Collision

Although many WVCs only involve one vehicle, colliding with an animal may result in the involvement of other vehicles, potentially leading to multiple liable parties. If a WVC leads to a person’s injury, there could be a possible legal claim. Follow the steps below if involved in an animal-vehicle collision and seeking compensation:

Submit a police report; this ensures there is effective documentation concerning the incident and results in police officers taking witness statements regarding the collision.
Speak to animal control, as they can ensure the animal is properly treated; they might also be able to provide details of how the accident occurred.
Seek medical attention immediately to identify injuries early on, even if no symptoms are showing.
File the claim swiftly, and consider speaking to an attorney.

Contact a Virginia Traffic Law Attorney To Learn More

Per the FHWA, an estimated 200 deaths per year occur on the roads due to collisions involving motor vehicles and animals, and many animals and individuals also suffer from severe injuries in these incidents. While some states may have higher numbers of these accidents than others, due to larger animal populations, one of the most effective ways of avoiding these collisions is to remain alert while driving. Gain a more detailed understanding of wildlife-vehicle collisions, and learn how an experienced Virginia traffic law attorney from Driving Defense Law can assist individuals involved in accidents concerning animals crossing the street; call our legal team at (757) 929-0335.

Gray-haired man in sweater turning to check blind spots before reversing his vehicle to avoid improper backing

Improper Backing Up Ticket

Written by john on August 2, 2024. Posted in Miscellaneous Traffic Offenses.

Drivers regularly perform the common maneuver of backing up a motor vehicle. However, most states, including Virginia, have specific laws that define improperly backing up. Understanding these laws can help to avoid fines and other legal consequences. Receiving a traffic ticket can have a negative impact on a driver’s record. In addition to the immediate expense of the fine and potential court costs, one consequence of violating traffic laws is increased car insurance premiums. Because these expenses can be long lasting, many drivers attempt to keep tickets off their records by fighting the tickets rather than just paying them. If you have received a ticket for improper backing in Virginia, consider contacting an experienced traffic defense lawyer at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.

What Is Improper Backing?

According to the Code of Virginia § 46.2-848, a driver who wishes to turn, partly turn, back up, or stop must first make sure that his or her vehicle can be moved safely without interfering with other traffic. The driver must also use the correct signal, either electronic or hand, to let other drivers know the intended move. The driver can use the left turn signal to indicate backing to the left and the right turn signal to indicate backing to the right. Improper backing includes failing to ensure that the movement will be safe, failing to signal properly, and moving a vehicle in reverse along a controlled-access highway, on the shoulder or the roadway.

One common violation drivers make when backing up is failing to yield to oncoming traffic. Failure to yield the right-of-way to pedestrians, bicyclists, and other vehicles when reversing can result in a fine. Another violation is driving in reverse for an extended period, especially in congested areas or on busy roads. Virginia law prohibits drivers from obstructing traffic by unnecessarily backing up for an extended period. This violation may also result in fines.

What Is the Fine for Improper Backing in Virginia?

Fines for improper backing up violations, which can range from $20 to $250, may vary due to the circumstances and location of the incident. Points will generally be added to the driver’s record, and an accumulation of points can lead to increased car insurance premiums and potential license suspension. To avoid fines for these moving violations, drivers should always be aware of their surroundings and Virginia’s backing up laws when driving in reverse.

According to the Uniform Fine Schedule published by the Supreme Court of Virginia, an improper backing charge in the Commonwealth of Virginia may involve a fine of $30 for failing to check that the move could be done safely. Failing to give the required signal can mean another fine of $30. Both fines come with a $51 processing fee for a total of $81. Additionally, if improper backing causes an accident or injury, the driver may face further legal consequences.

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

Improper backing is a four-point violation. According to the Virginia Department of Motor Vehicles (DMV), an improper backing violation will stay on a driver’s record for three years. If additional violations accumulate during that time, the driver may face suspension of his or her license. In addition, the driver’s car insurance premium may be affected until the points are removed.

Defenses Against Improper Backing Up Tickets

Drivers who receive tickets for improper backing in Virginia have the option to defend themselves against the charges. Several defenses may be available to potentially reduce or dismiss the ticket. One defense is to offer proof that the driver exercised reasonable caution when backing up. The court may accept any of the following evidence:

Witness statements
Footage from security cameras or dash cams
A demonstration that the driver properly used mirrors to check for oncoming traffic before reversing

Another defense drivers may be able to use is a challenge of the ticket’s accuracy. Upon examination, tickets with any errors or inconsistencies in the details may invalidate the charges. A traffic defense attorney from Driving Defense Law may be able to help determine whether to challenge an improper backing up ticket and develop a defense strategy based on the situation.

Tips for Backing Up Safely

To avoid legal implications from receiving an improper backing up ticket, as well as to ensure safety for yourself and others on the road, it is important to follow the relevant traffic laws. These tips can help you back up safely:

Use your mirrors: Before driving in reverse, check the rearview mirror and side mirrors to ensure that no obstacles or oncoming vehicles will block your path
Look over your shoulder: Mirrors are helpful, but it is important to physically turn and look over your shoulder to check that any blind spots are also clear
Go slow: When reversing a vehicle, use a slow and controlled speed, especially where there is limited visibility or high pedestrian traffic
Use a spotter: If possible, have someone to act as a guide outside the vehicle while you back up. This person can help with navigating tight spaces and potential hazards
Be aware of your surroundings: Always yield the right-of-way to pedestrians, bicyclists, and other vehicles as required by law. Paying careful attention to your surroundings at all times will help to avoid accidents or traffic offenses

Contact a Virginia Traffic Law Attorney for Help Today

Improperly backing up a vehicle can have serious legal implications in most states. Drivers should have a clear understanding of the laws and regulations and the potential fines and consequences associated with this type of traffic violation. To avoid fines and other legal problems, exercise caution when reversing your vehicle and follow the relevant traffic laws. In this manner, you can ensure your own safety as well as that of your passengers and others on the road. Remember to take the time to back up safely to avoid the potential legal and financial consequences of improper backing up. If you or a loved one has been given a ticket for improper backing or another driving offense, consider contacting an experienced Virginia traffic defense lawyer at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.

Preventing Distracted Driving

Written by john on August 2, 2024. Posted in Traffic Resources.

Focus on the road. Those are four words that drivers have likely heard from their very first driving lesson, if not before. Driving is a significant responsibility, with drivers expected to pilot a multi-ton vehicle without hurting themselves or others, or damaging property. Being distracted by other things removes focus from the vehicle and the road, increasing the risk of an accident. Preventing distracted driving benefits everyone, from drivers and their passengers to pedestrians and cyclists. If you have been charged with a traffic offense as a result of distracted driving, one of our experienced Virginia traffic attorneys may be able to assist you. Call Driving Defense Law at (757) 929-0335 to schedule an appointment and review your legal options.

What Is Distracted Driving?

The National Highway Traffic Safety Administration’s definition of distracted driving is any activity that diverts the driver’s attention away from driving. This can include using their cell phone, eating, drinking, talking to passengers, or adjusting the radio.

The Virginia Department of Motor Vehicles breaks distracted driving down into three basic types:

Visual: Visual distractions are any distractions that take the driver’s eyes off the road.
Manual: Manual distractions are those distractions that require the driver to remove one or both hands from the steering wheel.
Cognitive: Cognitive distractions are ones that take the driver’s mind off driving. While all manual and visual distractions are also cognitive distractions, there are also unique cognitive distractions.

What Are the Top Two Driving Distractions?

In theory, there are an unlimited number of possible driving distractions. However, some distractions are more common than others or more likely to result in an accident. According to the Virginia Tech Transportation Institute, the two top driving distractions are driver inattention due to fatigue and texting while driving, especially for inexperienced drivers.

Other distractions that increase the risk of a driver being involved in a near crash or crash include drinking, personal grooming, reading, watching videos, talking to passengers, using the internet, adjusting radio or climate controls, talking on the phone without using a hands-free device, and eating while driving.

What Are Some Dangers of Distracted Driving?

Preventing distracted driving can significantly reduce the number of accidents, injuries, and fatalities that happen each year across the United States. Taking their eyes off the road for as little as two seconds can double a driver’s risk of being involved in a crash. Any cell phone use could quadruple the crash risk. If you have been charged with texting while driving, Driving Defense Law may be able to help you minimize the consequences of the charge.

When drivers are distracted, regardless of what the distraction is, they can miss critical events, objects, and cues that alert them to changes in traffic, road, weather, or other conditions. These events, objects and cues may be the only thing that allows the driver to slow down, step on the brake, or otherwise avoid being involved in an accident. Drivers may also abandon control of the vehicle when distracted. A driver who has dropped their cell phone or spilled hot coffee on themselves may take both hands off the wheel and their eyes off the road as they reach for the phone or search for napkins to soak up the coffee.

How Can You Prevent Distracted Driving?

Preventing distracted driving is every driver’s responsibility. Whether someone is a new or inexperienced driver or one with decades of experience, there are always things that they can start doing that will reduce distractions for themselves and others.

Recognize the Risks

The first step to preventing distracted driving is recognizing the risks associated with it. Using a cell phone, changing the radio’s station or volume, eating, drinking, or driving while drowsy all increase the chances of being involved in an accident. By recognizing and acknowledging this risk, drivers can be more aware of what they are doing and when getting behind the wheel may not be the best idea.

Turn Off Your Phone

VA § 46.2-818.2 makes it illegal for Virginia drivers to hold a personal communication device, such as a cell phone, while operating a motor vehicle except in strictly limited circumstances, such as drivers who are reporting an emergency or the driver of an emergency vehicle while engaged in official duties. Fines for violating this law start at $125 for a first offense and $250 for second or subsequent offenses or offenses that take place in a highway work zone.

Drivers can avoid breaking this law by turning their phone off while driving. If drivers do not wish to turn their phone off, they can use the phone’s built-in settings or download an app that will allow them to silence the phone by turning on a “do not disturb” function. This will prevent the phone from visually or audibly alerting them to phone calls, texts, or other notifications that will distract them from driving.

Keep Calm

A distraction that is not often considered is the distraction of stressful traffic conditions. When another driver is driving erratically or trying to get in front of other traffic, it can be distracting to the other drivers. Trying to keep track of that driver or prevent them from getting ahead of other vehicles can cause other drivers to not pay enough attention to other traffic. They can then get into an accident.

Instead, drivers should remain calm. If drivers notice another driver driving erratically, they should leave extra room between their own car and the erratic driver so they can easily navigate and avoid an accident from the other driver’s unexpected movements. If another driver is determined to cut in front of traffic, drivers should let them so they do not have to worry about being sideswiped or run off the road by an aggressive driver.

Prepare for Your Trip

Before beginning any drive, drivers should allow a few extra minutes to adjust the climate controls to a comfortable temperature and find a radio station they like or to load the playlist they want to listen to. They should also program their navigation system and, if it has an audio option for directions, turn that option on. This ensures they will not be distracted while driving by searching for music or trying to type in the address they are seeking.

When a driver gets a new vehicle or is driving a vehicle that is unfamiliar to them, they should also allow some extra time before driving it for the first time to become familiar with the controls and any safety or other features it may have. This will prevent distractions as they will know where everything is instead of hunting for it while driving.

Identify Distracted Drivers

While it is not a step toward preventing distracted driving, identifying other drivers that are distracted can help reduce the chances of being involved in an accident due to distracted driving. When drivers can identify that another driver is distracted, they can allow more room between their vehicle and the distracted driver or take other steps to avoid being impacted by the driver’s unpredictable and unexpected behaviors.

Some indications that a driver is distracted may include:

Frequent or sudden braking, especially when responding to normal traffic stops
Inconsistent speeds
Erratic lane positioning, such as swerving between lanes or straddling lanes
Running stop signs or red lights
Failing to use turn signals or making sudden turns
Following too closely
A cell phone glowing at night
Rowdy behavior in the car (lots of passenger movement, passengers sticking limbs or heads out of open windows, etc.)

Avoid Multitasking

Drivers are often tempted to multitask. Putting on makeup, eating, or taking care of other tasks while driving can be extremely tempting if a driver is running late or has an extensive to-do list. Anything that takes attention away from driving is a distraction, though. Drivers should adjust their schedules to allow time for grooming, meals, phone calls, or other tasks when they are not driving. If something comes up while driving, such as an important phone call, drivers should pull over and park their car before engaging in the other task.

Ask Passengers for Assistance

Even something as simple as looking for an address the driver has never been to before can distract them from the road. If there are passengers in the car, ask them for assistance. Passengers can be an extra set of eyes to watch for destinations or even traffic conditions the driver should be aware of.

Passengers can also program navigation systems, answer phones, read or send texts, or handle disruptive children or pets. If the driver is alone, they can also request that family and friends not text or call them while they are driving so they are not distracted.

Secure Children, Pets, and Cargo

Drivers can also be distracted by children, pets, or cargo that is moving and shifting around. Before driving, drivers should ensure that children are firmly strapped into car seats or seatbelts, pets are safely locked inside a pet carrier, and cargo is securely stored so it does not slide, roll, or fly around the vehicle.

If a child or pet somehow gets out of their restraints or is loudly crying or otherwise distracting the driver, pull over to deal with the situation if there is no passenger to step in and help. If cargo comes loose and is moving around the vehicle, drivers should pull over to re-secure it.

How Can a Traffic Attorney Assist You?

Distracted driving presents a danger to the distracted driver as well as everyone around them. Taking steps toward preventing distracted driving is something that must be actively done each time you drive. However, no one is perfect and it is easy to be distracted for a split second before you even realize it has happened. If you have been charged with a distracted driving offense, a knowledgeable Virginia traffic attorney with Driving Defense Law may be able to assist you in creating a defense, negotiating a plea agreement, or getting the charges reduced or dismissed. Call (757) 929-0335 to schedule a consultation where we may review your case and offer case-specific advice.

A man driving with city nightlife outside the windshield.

Resources For Military Members Dealing With Moving Violations: Support And Guidance

Written by john on August 2, 2024. Posted in Military.

Receiving a ticket for a moving violation can be a frustrating and humbling experience, especially as a member of the military. However, dealing with the aftermath of the ticket can be even more challenging, as it requires detailed knowledge of the local legislature and familiarity with court proceedings. Fighting traffic tickets often requires one to make important decisions with short deadlines, and these added stressors only increase the burden.

If you have received a ticket or are interested in learning more about Virginia traffic law, consider contacting an experienced traffic attorney at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.

What is a Moving Violation?

As could be inferred from the name, moving violations are any breach of traffic law while a vehicle is in motion. This covers a wide range of violations with a wide range of consequences, with anything from speeding to driving under the influence falling within this category.

There are also non-moving violations, which would include infractions such as improper parking or damaged vehicles. As these violations do not generally pose a high threat to public safety, they tend to be less severe. However, the classifications of moving and non-moving violations vary from state to state, so it is often helpful to confirm the individual state’s policy.

One of the more common violations, and often the most damaging, is reckless driving. Virginia distinguishes simple speeding from reckless driving, and the consequences for the latter are much more severe, up to and including a criminal record.

Traffic Violation Classifications in Virginia

The State of Virginia recognizes three escalating levels of severity in traffic violations, each one with its respective classes and specific allowances for punishment.

Felony Traffic Violations

This is the highest level of offense for moving violations in Virginia, and it carries the heftiest consequences. Some of the moving violations covered by this definition are repeated driving under the influence (DUI) offenders, involuntary manslaughter, and continuous violations of traffic laws even after professional intervention.

In Virginia, trespassers who repeatedly violate major or minor traffic laws within a certain period may be considered habitual offenders. If a habitual offender is found guilty of certain traffic violations, the case may be treated as a felony traffic violation.

Consequences for felony traffic violations may include jail time up to life and hefty fines, depending on the specific classification of the violation. However, this violation is the least common and unlikely to occur except in extreme circumstances.

Traffic Misdemeanors

If a driver violates Virginia’s criminal statutes, they may be guilty of a traffic misdemeanor. These may include first and second DUI offenses, speeding, driving on a suspended license, or reckless driving. Traffic misdemeanors are considered criminal offenses by the court, though they are not serious enough to be classified as felony offenses.

Among the most serious consequences for traffic misdemeanors is the fact that they are considered criminal offenses. While traffic infractions are not considered such, traffic misdemeanors can go on one’s record and affect many other aspects of one’s life. Having a criminal record can affect employment, insurance, and more.

Traffic Infractions

The least grave of the three traffic violations is a traffic infraction. This category may include things like minor cases of speeding, failing to obey posted signage, following another vehicle too closely, or passing a red light.

These infractions tend to attract smaller fines and do not result in jail time, as they are not considered criminal offenses. However, these infractions can still impact an individual’s insurance premiums and standing within the DMV.

Consequences of a Moving Violation in Virginia

Depending on the severity of the violation, there can be varying levels of punishment for violators. Below is a brief description of the most common consequences.

Fines

Fines are most commonly attracted by traffic and moving violations and tend to be the most straightforward to address. If the violation is less severe, such as a traffic infraction, the fines may not reach above $500. These fines are generally administered by mail after the officer has delivered the ticket, though the recipient has the opportunity to contest the fine if they believe it was improperly assigned.

However, if the offense is graver than a traffic infraction, the fines may be significantly steeper. When it comes to contesting a speeding ticket to avoid the fine, prompt action is generally required as there are consequences for neglecting to pay the fine.

Driver Improvement Courses and Demerit Points

Depending on the nature of the violation, the offender may be required to attend a remedial driving course. In Virginia, these are generally administered at a driver improvement clinic which can be accessed via the DMV.

Additionally, if a driver is found guilty of a traffic violation, the court then communicates this information to the Department of Motor Vehicles. Once they have received this notice, the DMV then assigns demerit points per the severity of the offense.

These demerit points can continue to accrue with repeated offenses, and a greater number of demerits can increase insurance premiums and, with repeated offenses, may even lead to a suspension of license. However, by continuing to drive safely, drivers can earn positive demerit points to reverse this effect.

Public Record

In Virginia, driving records are available to the public. Therefore, any moving violations or infractions committed will go onto the driver’s public record. This could harm employment prospects and other activities that require a background check.

Implications of a Moving Violation for Military Personnel

If the driver is a member of the military, whether or not they are on active duty or otherwise, there can be additional complications in addressing a moving violation. While many aspects of the process can proceed like normal, it is generally advisable for military personnel to report the incident to their commanding officer or appropriate military authority.

Transparency with one’s superiors can help the process move smoothly without complication and interruption. Military personnel may also need to fill out either DD Form 1408 or DD Form 1805 depending on where the violation occurred and several other factors. Commanding officers or other military authorities may be able to provide specific instructions based on the particulars of the situation.

Contact a Virginia Traffic Attorney Today

Unraveling the web of legal complexities and knowing when to challenge a ticket or simply pay the fine can be difficult, especially when considering the lasting impact that these decisions can have. Military members may also have additional complications, as they may have security clearances and their military career to be concerned about. To find out more about moving violations, consider speaking with an experienced Virginia traffic attorney today at Driving Defense Law by calling (757) 929-0335.

A military service member sits in the driver’s seat of a military vehicle. His job may be jeopardized by a suspension of driving privileges.

Suspension Of Driving Privileges: How It Affects Military Members Abroad

Written by john on August 2, 2024. Posted in Military.

Driving is a privilege, but it is so common that many people consider it a right. This privilege comes with many responsibilities, and when you are a member of the military, it can be an even bigger responsibility. Military members drive their personally owned vehicle (POV) on their own time and may also drive military vehicles as part of their duties. What happens when those driving privileges are suspended? What if they are overseas when those driving privileges are suspended, particularly if it is their civilian driving privileges? There are many intricacies to driving both POVs and military vehicles while stationed abroad, and a suspension of driving privileges may have a significant impact on the military member, military operations, and the military member’s career. If your driving privileges have been suspended, or you are concerned that they may be, one of our experienced traffic attorneys at Driving Defense Law may be able to assist you. Call (757) 929-0335 to schedule a consultation and learn more about how a driving privileges suspension may impact your military life.

What Reasons Can Lead to the Suspension of Driving Privileges in the Military?

According to 32 CFR Part 634.10, the installation commander may administratively suspend or revoke driving privileges for anyone on the domestic or overseas installation for cause. Additionally, they are not limited or restricted from suspending or revoking driving privileges for lawful reasons unrelated to safe vehicle operation or traffic violations. Military members and others on the installation may also have their driving privileges suspended for violations of installation parking regulations. These regulations are determined by the installation commander, who determines the standards for suspension based on violation frequency and publishes those standards.

Suspending driving privileges is not usually the first measure taken. In most cases, a military member’s driving privileges are only suspended when other measures, such as counseling, rehabilitation programs, or remedial driver training, have failed to make a difference in the driver’s performance. However, if the military member is facing an intoxicated driving incident, their driving privileges are immediately suspended pending the outcome of the incident.

What Is the Administrative Due Process for Driving Privileges Suspensions?

Each military branch has its own separate regulations for dealing with a suspension of driving privileges. Individuals who are facing a suspension or have already had their driving privileges suspended may wish to consult with a Virginia traffic attorney to learn more about the process for their branch of the military, as well as how it may affect their Virginia or other state civilian driver’s license.

Individuals should note that per Norfolk Navy Ship Yard’s Traffic Court Information, all local military installations share suspended driver information. Therefore, if driving privileges have been suspended on one installation, the service member should avoid driving on other installations until their privileges have been reinstated to avoid having further negative actions taken.

What Immediate Impact Does a Suspension Have on Military Operations?

Service members need access to reliable transportation to effectively executing missions. In addition to the ability to drive to duty locations, trainings, and meetings, they may also need to be able to drive a military vehicle as part of their duty, a training, or a mission.

Therefore, the immediate impact of driving privileges suspension can be troublesome. The suspension may impede mobility, disrupt schedules, and hamper the overall efficiency of military operations not only for the service member, but for others who rely on them.

How Can a Suspension Affect the Military Member’s Career Long-Term?

Suspension of driving privileges alone may not have an impact on a service member’s career, but the reason behind the suspension could have a significant impact. A suspension related to a driving under the influence (DUI) charge while in the military is much more likely to have a severe negative impact on a service member’s career, including the potential for a dishonorable discharge, than a suspension for parking violations. If the suspension makes it harder for the individual to receive a security clearance, it can stall the advancement of their career.

Can a Suspension of Driving Privileges Be Changed?

In some instances, the installation commander may modify a suspension and instead restrict the individual’s privileges or put them on probation. The commander may grant specific driving privileges on a case-by-case basis based on circumstances such as mission requirements, unusual personal or family hardships, or delays of more than 90 days in the formal disposition of related charges. These types of restricted privileges may include permission to drive to and from the place of duty or employment. The specific privileges allowed will be provided in writing to the driver. However, the driver must have a valid civilian license. If their driver’s license is suspended in Virginia, the commander cannot convert the suspension to restriction or probation.

If the driver violates the terms of their restricted driving privileges and probation, the permissions can be withdrawn and the suspension continues as ordered. If you have had your driving privileges suspended and would like to request restricted privileges or probation of your installation commander, Driving Defense Law may be able to assist you.

What If the Military Member Is Overseas and Their Civilian Driving Privileges Are Suspended or Revoked?

When stationed abroad, most host nations allow or require military service members to get a specific driver’s license in order to drive outside of the military installation. For example, Germany allows Army members and their family members to test for and be granted a United States Army in Europe (USAREUR) driver’s license as an alternative to a German driver’s license, per the United States Army. In all cases, the service member is required to have a valid, unexpired United States driver’s license. The Virginia Department of Motor Vehicles gives military members and their families who are living abroad the ability to apply for an extension of their driver’s license before it expires by mail. When they return to the United States, they have 180 days to appear in person to renew their license.

Some host nations have reciprocal agreements with military installations that stipulate that if the host nation suspends or revokes a service member’s driving privileges, the installation commander will honor the suspension or revocation and suspend or revoke the member’s driving privileges on the installation. If there is no established law regarding reciprocity, most installations will still automatically terminate the member’s driving privileges on the installation if the host nation has suspended or revoked their driving privileges.

How Can an Experienced Traffic Attorney Assist You?

Whether you are dealing with suspended driving privileges due to a civilian license suspension or your driving privileges have been suspended due to infractions on the installation, getting your privileges reinstated can be very important to advancing your career, keeping up with your military duties, and living your daily life. Our skilled traffic attorneys at Driving Defense Law may be able to assist you with getting civilian traffic charges reduced or dismissed, requesting a suspension be converted to restricted privileges or probation, or understanding any steps you must take to have the suspension lifted such as taking a remedial driving course or providing proof of a valid civilian driver’s license. Call (757) 929-0335 to review your suspension of driving privileges and what legal options you may have.

What Is Defensive Driving?

Written by john on July 21, 2024. Posted in Traffic Resources.

Inexperienced drivers, or drivers with plenty of highway hours preparing to spend extensive time in high-traffic conditions, are frequently advised to practice “defensive driving” techniques. While the advice is not necessarily bad, many drivers find it difficult to take. What is “defensive” driving? How does it differ from other basic safe driving practices? How can new drivers, or anyone trying to navigate challenging driving conditions, drive defensively? Read on for answers – and to learn more, consider scheduling a consultation with the experienced Virginia traffic attorneys at Driving Defense Law. Call (757) 929-0335 now to find a time that works for you.

What Is the Meaning of Defensive Driving?

Defensive driving is sometimes compared to aggressive driving. The impulse to compare is understandable, since both terms characterize the driver’s attitude toward others sharing the roadway. In Virginia, however, “aggressive driving” is a legally codified set of traffic violations punishable as a Class 2 misdemeanor under § 46.2-868.1 of the Code of Virginia. Defensive driving, on the other hand, is a more informal term that may be used to refer to any of several driving techniques informed by a safety-oriented approach to vehicle operation, as well as to the structured awareness, on the part of the driver, that facilitates following these “best practices” for safe driving.

Benefits of Defensive Driving

Defensive driving can have a number of benefits. Adopting a defensive approach to vehicle operation can make it easier for drivers to anticipate dangerous situations, securing critical seconds of “lead” time for evading unexpected obstacles or responding to the actions of other drivers. At highway speeds, even a slight extension of the time a driver has for recognizing a potential hazard and activating their reflexes can sharply reduce the likelihood of a crash. Defensive driving practices can also help motorists avoid moving violations, improve fuel efficiency and reduce wear and tear on vehicles.

What Are the Defensive Driving Techniques?

Because defensive driving, unlike aggressive driving, is not codified into law, different sources will give different answers to the question “What is defensive driving?” In general, however, most safe driving authorities are agreed that the following constitute key elements of defensive driving that apply across a wide variety of driving scenarios and traffic conditions:

Keep a Safe Following Distance

The minimum safe distance will likely depend on roadway and weather conditions; for instance, it is generally a good idea to allow “extra” space between vehicles when driving on wet or icy roads than might be needed for clear roads on a sunny day. “Following too closely” is one of the violations covered under Virginia’s “aggressive driving” law, but § 46.2-816 allows peace officers some discretion in applying the statute by defining the violation as following “more closely than is reasonable and prudent” for the road conditions and related circumstances. If you have been charged with misdemeanor aggressive driving for following too closely behind another vehicle, consider reaching out to a Virginia traffic attorney with Driving Defense Law to discuss your situation.

Check for Blind Spots

A “blind spot” is any area the driver cannot see from their position at the wheel of a vehicle. In everyday conversation, “blind spot” is most often used to refer to regions in the immediate vicinity of a vehicle that a driver is blocked from seeing by the construction of the vehicle itself. These areas will depend on the driver’s height, the placement of the mirrors, and of course the layout of the vehicle, but some of the most common “blind spots” fall just behind a vehicle’s rear bumper (where in many cases the driver cannot see the ground even by looking in the rear-view mirror), or in a narrow, wedge-shaped “slice” on either side of the vehicle, between the area visible through the rear-view mirror and that covered by the mirrors on each side.

The good news is that in most cases drivers can compensate for blind spots by turning their heads while using their rear-view and side mirrors. Swiveling will not increase the total breadth of the driver’s vision, but can offer something of a “panoramic” view that sweeps the immediate surroundings and improves the driver’s chances of spotting a potential hazard. If you share a vehicle with another driver, particularly someone who is significantly taller or shorter than you, it may also be helpful to take a moment, before you start the vehicle, to adjust the positions of the driver’s seat and all mirrors, to minimize blind spots and maximize the comfort, as well as the safety, of vehicle operation.

Avoid Distractions

Distracted driving is a major cause of motor vehicle accidents each year. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving was a factor in 3,308 traffic-related fatalities in 2022 alone. Few safe driving practices yield rewards more reliably than simply paying attention while at the wheel. Just as distracted driving reduces available reaction time and increases the chances of missing important roadway signage or possible traffic hazards, maintaining strong situational awareness while operating a vehicle makes it much easier to identify potential risks and improves a driver’s response time.

Follow Traffic Laws

While the specific laws that apply will vary by jurisdiction, in general a common aim of most traffic laws is to reduce the likelihood of accidents and increase the chances that travelers will reach their individual destinations safely. Important traffic regulations to keep in mind, especially when traveling, include whether (and when) it is legal to “turn right on red,” whether and under what conditions state or local laws allow for legal U-turns, and of course considerations such as posted speed limits and restrictions on lane changes.

Speak With a Virginia Traffic Attorney About Defensive Driving

Defensive driving can improve safety outcomes and lower the stress associated with operating a vehicle, especially in high-traffic situations. If you have ever wondered, “What is defensive driving?” – or if you are curious about how defensive driving techniques may help you avoid moving violations – you may find it helpful to speak with a traffic attorney in your area. Virginia residents can reach an experienced attorney at Driving Defense Law by calling (757) 929-0335. Call today to schedule your free consultation.

Silhouette view of a soldier on military deployment saluting a departing helicopter at sunset.

Traffic Violations And Military Deployment: Handling Legal Matters While Away

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

Members of the United States military are subject to the same state and local traffic laws as any other citizens when operating their personal vehicles on public roads. They are also entitled to the same rights of defense when charged with traffic violations. However, active duty servicemembers may find that military deployment sometimes conflicts with their rights and responsibilities to attend traffic court, enter pleas when needed, or take advantage of the various opportunities state law offers for reducing penalties for Virginia traffic violations. In these situations, working with a Virginia traffic defense attorney who has experience assisting active duty military personnel may help individuals on military deployment to resolve their outstanding legal matters with a minimum of stress. Call (757) 929-0335 today to book a free consultation with Driving Defense Law and learn how our Virginia traffic defense team may be able to assist you.

What Is Deployment?

According to the United States Department of Veteran Affairs (VA), military deployment is the transfer of armed forces from their permanent duty base to a location on foreign soil (or waters). Often deployment means relocating troops to another country in preparation for combat duty or to participate in humanitarian missions. Troops may also be deployed to assist in evacuation operations under a variety of emergency circumstances, or to provide support for local security or “peacekeeping” efforts.

Deployment vs. Mobilization

Deployment is sometimes conflated with mobilization, a closely-related military activity in which troops are moved from one location to another. The key distinction is that for military purposes, mobilization means moving troops within the United States and/or its territories, whereas deployment is a relocation to somewhere other than United States soil.

Duration of Deployment

The VA explains that deployment may last anywhere from three to 15 months. Depending on the charges, individuals who expect their military deployment to be relatively short may be able to get their court dates for minor traffic violations moved, in order to be able to make their appearance in court once they have returned to their permanent station. For longer deployments, rescheduling court dates associated with traffic violations may not be a realistic option. An experienced traffic defense attorney may be able to recommend alternatives, such as having a lawyer appear in court in your place.

Traffic Violations During Troop Mobilization

Mobilization, in which members of the military are relocated within the borders of the United States and its territories, can present a unique set of potential complications. While military bases will usually maintain their own traffic regulations and impose penalties for traffic infractions that take place on base accordingly, members of the military are generally subject to local traffic laws when operating their personal vehicles off the grounds of the military base – even when they are in the area because they were mobilized with their unit.

Individuals in military service who are charged with traffic violations while mobilized may encounter logistical difficulties if they are swiftly returned to their permanent base, or mobilized to another state. In these instances the demands of active duty may make it impractical to attend traffic court and enter a plea or argue for leniency. A traffic defense attorney located in the state where the citation is issued, or where the charges are filed, may be in a position to assist with handling legal arrangements.

Handling Traffic Violations Close to Base

As a 2019 study from Pew Research notes, frequency and duration of deployment both vary widely depending on rank, branch of military service, and of course national and global conditions during an individual’s military career. That said, even individuals on active duty often spend a considerable portion of their service period at or near the base where they are permanently stationed. As a result, they enjoy many opportunities to leave the base, take in the local scenery – and accrue citations and charges for traffic violations.

In most cases, military personnel are able to handle these legal matters in much the same way as civilians living in the same area: They attend traffic court, enter a plea on their own or with the advice and support of a local traffic defense lawyer, and pay fines or participate in remedial driver education programs, as indicated by the nature of the infraction and rules of the jurisdiction. When someone in military service is charged with a traffic violation and then relocated on short notice due to rapid military deployment, however, the individual in question may encounter hurdles in fulfilling their obligations to the local traffic court. Due to the numerous military bases located in and near Virginia, the traffic attorneys at Driving Defense Law have extensive experience representing active duty military personnel in Virginia courts.

Traffic Infractions vs. Criminal Traffic Violations

The most appropriate way to handle a traffic violation while on military deployment will depend to some extent on the nature of the traffic ticket or charges. In Virginia, traffic violations classed as “infractions” under § 42.3-113 of the Code of Virginia are not considered to be criminal offenses; they are generally subject to tickets, rather than charges filed by state prosecutors. More serious violations may be classed as either misdemeanors or felonies. § 18.2-8 defines all traffic offenses punishable by confinement as felonies, and the result of a conviction for any of these on an individual’s criminal record can be correspondingly serious.

Handling Traffic Tickets in Virginia

A seasoned traffic defense lawyer will often tell clients that it is rarely a good idea to immediately pay a traffic ticket. Paying a traffic ticket without contest typically means admitting guilt. Such admissions can have a number of undesirable consequences for Virginia drivers, including the accrual of “demerit points” on the driver’s record with the Virginia Department of Motor Vehicles (DMV) and sometimes hefty increases in auto insurance premiums. For these reasons, before paying a traffic ticket, you may wish to consult with a traffic lawyer in the jurisdiction where the citation has been issued to explore your legal options.

Speak With a Virginia Traffic Defense Lawyer

Members of the United States military are in most cases subject to the same laws and regulations as their civilian counterparts when driving personal vehicles on public roads. However, these individuals may face a special set of challenges when military deployment means they need to handle legal matters related to traffic violations while away. If you have questions about Virginia traffic tickets or charges for traffic violations in Virginia, consider reaching out to a seasoned traffic defense attorney with Driving Defense Law. Call (757) 929-0335 today to schedule a free consultation to review your case.

A busy intersection clogged with traffic where drivers must yield according to right-of-way laws.

Right-of-Way Laws In Virginia

Written by john on July 7, 2024. Posted in Speeding, Traffic Resources.

In Virginia, as in most other states, when in reference to driving a motor vehicle, the right-of-way refers to a driver or pedestrian’s legal right to proceed on their way. When two vehicles, or a vehicle and a pedestrian or cyclist, approach an intersection, they may not both be able to proceed at the same time without causing an accident. Therefore, one vehicle has the right to proceed while the other must yield. Virginia law does not give the right-of-way to a specific driver. Instead, it states who must yield the right-of-way. Different intersections and other unique circumstances may change who has the right-of-way, which is why being ticketed for failure to yield the right-of-way is not uncommon. If you are not familiar with Virginia’s right-of-way laws and have received a ticket for failing to yield the right-of-way, Driving Defense Law may be able to assist you. Call (757) 929-0335 to speak with one of our experienced traffic attorneys about your legal options.

Stop Sign Right-of-Way

When approaching an intersection controlled by a stop sign, drivers must stop before the crosswalk if there is one or at the clearly marked stop line. Drivers must yield the right-of-way to any vehicles approaching from either direction if the driver has a stop sign and the other drivers do not.

If the intersection is a four-way stop, the driver who reached it first gets the right-of-way. When there are at least two vehicles who arrive at the same time, the drivers to the left must give right-of-way to the drivers on the right.

Yield Sign Right-of-Way

A yield sign does not necessarily mean that drivers must stop, but they must slow to a reasonable speed for the current conditions. They must look carefully and yield the right-of-way to any vehicles approaching or entering the intersection. If the driver must come to a complete stop in order to safely yield, they must stop at a clearly marked stop line or before any crosswalk that may be there.

Uncontrolled Intersection Right-of-Way

At an uncontrolled intersection with no stop sign, yield sign, traffic signal or law enforcement officer to direct drivers, drivers should slow down and be prepared to stop. The right-of-way is determined in these intersections by the order of arrival at the intersection.

The car that arrives first has the right of way, and all other drivers should yield to that first car. If more than one car arrives at the same time, drivers should yield to the vehicle on their right.

Other Right-of-Way Laws

While most people may be familiar with the right-of-way laws regarding stop and yield signs, there are some others they may not be as familiar with. Virginia drivers should keep the following in mind:

Circular Intersections: Also known as roundabouts, those in the circle have right-of-way over those entering the circle.
Uncontrolled “T” intersections: Sometimes called a three-way intersection, these “T” intersections are where one highway crosses another that terminates where the two highways meet. If two or more drivers arrive at the same time, the driver on the highway that terminates yields the right-of-way to any other vehicle on the other highway.
Entering Public Highways From Private Spaces: When drivers enter a public highway or sidewalk from a private driveway, road, alley, or building, they must yield the right-of-way to drivers on the public highway. If the intersection is controlled by a traffic control device, such as a traffic light, they should follow the traffic control device’s guidance.
Left Turns: Because left turns always cross the approaching traffic’s lane, drivers making a left turn must always yield the right-of-way to vehicles approaching from the opposite way.
Right Turns: If individuals are turning right at an intersection, they should generally follow the same right-of-way laws as if they were going straight. Per Virginia Code § 46.2-835, at intersections that allow right turns while the traffic light is red, drivers should confirm traffic is clear from all directions before cautiously proceeding to make their turn.

Lesser Known Right-of-Way Situations

In addition to the typical everyday driving circumstances, there are additional, less common situations where drivers should be aware of the right-of-way laws. These situations occur infrequently for most people, but knowing what to do can make the difference between lawfully driving and being ticketed. If you have been ticketed for one of these situations, an experienced traffic attorney with Driving Defense Law may be able to assist you with your defense.

United States Armed Forces Vehicles

Per Virginia Code §46.2-827, if United States forces, troops, National Guard, or any civil defense personnel are parading or performing any lawful duty, they have the right-of-way. This right-of-way applies on any highway they pass through, including those with traffic signals.

Funeral Processions With Police Escort

According to Virginia Code §46.2-828, when funeral processions are traveling with a police or sheriff’s escort, the procession has the right-of-way in any highway they pass through. Other drivers are not to join, pass through, or otherwise interfere with the passage of the funeral procession under escort.

Funeral processions, both escorted and unescorted, are typically identified by the high-beam headlights and flashing all four turn signals or their hazard lights. Because a driver may not see the beginning of the funeral procession to know if they are escorted, drivers should err on the side of caution and assume any funeral procession they see is escorted and yield the right-of-way.

Right of Way and Emergency Vehicles

Virginia Code §46.2-829 states that when an emergency vehicle is proceeding to or from an emergency and is giving an audible signal by siren, exhaust whistle or air horn and is also displaying emergency lights, all other vehicles shall yield the right-of-way to them. Drivers should drive to the nearest edge of the roadway, clear of any intersections (including driveways or alleys), stop, and remain there until the emergency vehicle has passed, unless otherwise directed by law enforcement. If drivers are at a traffic light and have the green light, they should remain stopped until the emergency vehicle has passed. If the emergency vehicle is behind the driver, the driver should safely proceed through the intersection when it is clear to do so if needed for the emergency vehicle to pass, even if their light is red.

Violating this law can result in a ticket for failure to yield right-of-way. However, if this violation also includes overtaking or passing the emergency vehicle, the driver may be charged with reckless driving, which is a much more serious offense.

Right-of-Way When Pedestrians or Cyclists and Drivers Interact

Drivers do not just interact with other drivers on the road. Sometimes, they interact with pedestrians and cyclists as well. Knowing who has the right-of-way in these interactions is just as important as when interacting with other drivers.

Pedestrians

Virginia Code §46.2-924 states that pedestrians are not to enter or cross intersections without confirming there is no approaching traffic. However, drivers are required to yield to pedestrians when the pedestrian is within the driver’s lane or approaching the driver’s lane at any marked crosswalk, regular pedestrian crossings, and any intersections where the speed limit is less than 35 miles per hour. If the movement of traffic is being controlled by law enforcement officers or traffic control devices, such as a traffic light or pedestrian signal, drivers should yield to the directions of the officer or device.

Cyclists

Bicycles can be ridden on sidewalks, shared-use paths, and roadways. Like pedestrians, drivers should yield the right-of-way to cyclists who are in a crosswalk or otherwise crossing an intersection when the driver approaches. If cyclists are riding on a roadway, they are expected to ride with the flow of traffic. If traveling at less than the normal traffic speed for the time of day and conditions, cyclists are also expected to ride as close to the right curb or right edge of the roadway as possible to avoid impeding traffic. Drivers may pass cyclists on the left if they can pass with at least three feet between their vehicle and the bicycle. If they cannot safely do so, they must change lanes.

How Can a Virginia Traffic Attorney Assist With a Failure to Yield Right-of-Way Charge?

Understanding Virginia’s right-of-way laws can be confusing, especially if you find yourself in an unusual situation, and it is not difficult to end up with a ticket for failure to yield the right-of-way. If you have been ticketed for failing to yield the right-of-way, a skilled traffic attorney may be able to assist you with your defense by examining the circumstances surrounding the ticket, looking for extenuating circumstances, or seeking evidence to prove that you were not in the wrong, such as videos, photos, or eyewitnesses. If you have recently been charged with failing to yield the right-of-way, call one of our knowledgeable traffic attorneys with Driving Defense Law at (757) 929-0335 to schedule a consultation and learn more about your legal options.

Angry driver shaking fist in traffic; road rage incident.

Aggressive Driving Vs. Road Rage

Written by john on June 30, 2024. Posted in Reckless Driving.

Road rage incidents have proliferated across the United States in recent years, frequently featuring in local news and occasionally appearing on the national radar. While many instances of road rage draw widespread disapprobation for the shocking behavior they put on display, aggressive driving practices are much more commonly tolerated by the public – even though they may be prohibited under state traffic laws. In fact, some of the tactics the Commonwealth of Virginia prohibits under its aggressive driving laws are so ubiquitous that many drivers may engage in these behaviors without recognizing their illegality, putting themselves at risk not only for the inconvenience of a traffic stop but for a criminal conviction in their driving record. If you have been charged with aggressive driving or been involved in a road rage incident anywhere in Virginia, consider reaching out to an experienced traffic defense lawyer with Driving Defense Law to review your case and discuss your legal options. Call (757) 929-0335 today to schedule a consultation.

What Is the Difference Between Aggressive Driving and Road Rage?

Any legal differentiation between aggressive driving and road rage will depend on the traffic laws of the state in question. In general, however, aggressive driving tends to form a wider category than road rage, with the “road rage” label applied (either casually or legally) to especially glaring instances of aggressive driving.

What Is Considered Aggressive Driving?

“Aggressive driving” refers to a set of driving behaviors characterized by disregard for traffic safety and sometimes for the rules of the road. Common examples include tailgating and cutting other drivers off in traffic. In Virginia, aggressive driving is legally codified under § 46.2-868.1 of the Code of Virginia so that behaviors meeting the statutory definition are subject to penalties under state law.

What Is the Legal Definition of Road Rage?

Aggressive driving is sometimes associated with, but does not necessarily lead to, road rage, which the National Highway Traffic Safety Administration (NHTSA) defines as an “intentional assault,” committed in traffic or in response to an incident in traffic. The assault may be committed with an item generally recognized as a weapon (e.g., a handgun or club); alternatively, however, the assailant may “weaponize” their vehicle (for instance, by using it to attempt to force another driver off the roadway or out of their lane of travel).

How Does Virginia Law Define Aggressive Driving?

The specific behaviors identified as aggressive driving and the range of penalties imposed will vary by state, so you may wish to consult with an attorney in your jurisdiction familiar with state and local traffic laws. In Virginia, traffic violations identified under the Aggressive Driving statute include:

Failure to drive on the right side of highway or failure to observe marked lanes for traffic
Following another vehicle too closely
Failure to stop or yield right-of-way when entering highway
Driving off-road to avoid mechanisms for traffic control
Failure to provide adequate clearance when passing another vehicle
Several additional provisions related to overtaking and passing other vehicles under a variety of circumstances

Aggressive Driving Misdemeanor in Virginia

While Virginia’s aggressive driving law does not directly reference “road rage,” § 46.2-868.1 divides aggressive driving offenses into Class 2 and Class 1 misdemeanors on the basis of the driver’s “intent to injure” another person, with the statute specifying that aggressive driving offense committed with the intent to injure “shall be” punished as the more serious Class 1 category of misdemeanor. In other words, while the term “road rage” is not used, Virginia uses language closely similar to the NHTSA’s definition of road rage to identify the most egregious aggressive driving offenses. The close similarity between the way the NHTSA differentiates “road rage” from “aggressive driving” and the way Virginia categorizes the severity of traffic violations falling under the state’s aggressive driving law makes these two terms helpful in understanding which aggressive driving charges will carry the stiffest penalties.

Aggressive Driving Class 2 Misdemeanor

Class 2 misdemeanors in Virginia are punishable by both fines and confinement (jail time). The maximum limit for a fine imposed as penalty for a Class 2 misdemeanor conviction is $1,000, while the maximum jail sentence for the same category of misdemeanor is six months. However, it is important to recognize that these penalties are not mutually exclusive; a Virginia court has the option to impose both a fine and a jail sentence. If you are wondering about the possible outcomes of a Class 2 misdemeanor charge for aggressive driving in Virginia, you may wish to speak with an experienced Virginia traffic defense attorney from Driving Defense Law regarding your possible defense strategy and the likely outcomes for your case.

Aggressive Driving Class 1 Misdemeanor

Class 1 misdemeanor charges may be applied in an aggressive driving case if prosecutors believe they can show the driver acted with the intent to injure another person; these are the incidents that correspond roughly to the prevailing definition of “road rage” as deliberate assault, with a motor vehicle or another weapon. The possible punishments Virginia may impose for Class 1 misdemeanor convictions include up to a year in jail (double the maximum allowed for a Class 2 conviction) and a maximum fine of $2,500. As is true for the less severe Class 2 misdemeanors, Virginia judges may impose some or all of each penalty for a road rage conviction.

Speak With a Traffic Defense Lawyer About Your Road Rage Case

Individuals who are charged with aggressive driving in Virginia face serious consequences. Even the least-severe penalties allowed by state law can carry a sentence of up to six months in jail, potentially accompanied by a hefty fine. At their upper limit, road rage incidents can lead to conviction for a Class 1 misdemeanor, with grave implications for the individual’s future. If you are facing criminal charges for a road rage incident under Virginia’s strict aggressive driving laws, consider speaking with an experienced traffic defense attorney who can review your case and evaluate your options for a defense. Depending on the circumstances, a traffic lawyer from Driving Defense Law may also discuss with you options for negotiating a reduction of charges to minimize a conviction’s impact on your life and future. The legal strategies available will depend to a large extent on the charges filed and the facts of your case, so call (757) 929-0335 today to schedule a consultation with a member of our team.