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Street Racing Ticket

To foster road safety, the majority of states have implemented laws prohibiting dangerous driving. Included in this category are street and drag racing and other boisterous maneuvers, such as spinning donuts and peeling out, which involve excessive speeding on roads. Find out what a street racing ticket is, learn the offense’s penalties, understand the legal process surrounding this violation, read some tips for avoiding these tickets, and learn how an experienced Virginia traffic law attorney can help individuals facing this charge; call Driving Defense Law today at (757) 929-0335 to speak with our legal team.

What Is a Street Racing Ticket?

According to §46.2-865 of the Code of Virginia, street racing is an illegal act in Virginia falling under the umbrella term of reckless driving, which refers to aggressively driving a motor vehicle in a manner that wantonly or willfully disregards the safety of property or individuals. In the Commonwealth of Virginia, anyone participating in a race involving a minimum of two vehicles on public highways, driveways, and premises (including schools, churches, businesses, or recreational facilities) engages in street racing, unless the property owner (or the owner’s agent) authorizes the act. Per the National Library of Medicine (NLM), street racing fatalities are more likely to take place on urban roads compared to other motor vehicle fatalities and typically occur at high speeds.

What Are the Different Criminal Charges for Street Racing?

In Virginia, street racing is either a felony or misdemeanor offense; the circumstances of the case usually dictate the type of charge brought. Misdemeanor street racing typically relates to the act of racing itself, whereas felony charges can occur if the racing results in a person’s injury or death.

What Are the Penalties for Street Racing?

The penalties for street racing vary depending on the type of charge. For a street racing Class 1 misdemeanor, which involves traveling over 85 mph or 20 miles more than the advertised speed limit, an individual can potentially face a maximum fine of $2,500, up to a year in jail, and possibly a lasting criminal record. A street racing offense that leads to someone’s injury, resulting in a Class 6 felony charge, comes with harsher penalties, with a maximum fine of $2,500 and a maximum jail time of five years; if the racing leads to an individual’s death, this is also a felony and brings even more severe penalties, with a minimum jail time of one year and a maximum jail sentence of 20 years.

In addition to criminal penalties, if an individual participates in an organized race, the state may confiscate their vehicle. Furthermore, street racing can lead to license suspensions, either as a result of the judge imposing a suspension or because the Department of Motor Vehicles (DMV) suspends the license after the motorist receives too many points; if a license suspension occurs, it ranges between six months and two years for misdemeanor offenses and one and three years for felony offenses. Learn more about the law concerning a street racing ticket, and discover how a seasoned Virginia traffic law attorney from Driving Defense Law can assist with fighting this type of traffic violation; contact our firm today to organize a consultation.

Determining Proof of Street Racing Charges

For a court to convict someone of street racing, the prosecution must demonstrate that a race occurred. When making this determination, the court takes into account various factors, such as the time of the incident, the number of people present, and weather conditions. Additionally, they consider whether the driving exceeded mere negligence, whether the driver willfully participated in the race, and whether the individual’s actions compromised other people’s safety.

To acquire proof of racing, police officers may attempt to get the motorist to admit they were racing or the state may rely on circumstantial evidence indicating that a race took place. For instance, in the case of Doggett v. the Commonwealth of Virginia, the Virginia Court of Appeals highlighted that a motorist’s conduct may infer they were racing, with example strong circumstantial evidence of racing including the following:

  • Using driving maneuvers to stay ahead of other motorists
  • Driving the vehicle directly next to other racers
  • Starting quickly from a light
  • Knowing the other racers
  • Consistently steering over double yellow lines

Legal Defenses Against Street Racing Charges

A common legal defense against street racing charges is that two vehicles driving close by to each other at high speeds are not necessarily participating in a race. The state must prove that the accused was racing, and a lack of strong circumstantial evidence is unlikely to convince the court of this. In light of this, legal defenses typically focus on highlighting that the prosecution has failed to prove that racing definitely occurred.

Tips for Avoiding Racing Tickets

Avoiding racing tickets helps motorists keep their driving records clean and avoid the substantial legal consequences of street racing offenses. With this in mind, here are some tips for reducing the chances of a police officer issuing an individual with a racing ticket.

Adhere to Speed Limits

A key component of a street racing charge involves excessive speeding. Speed limits exist in the first place to ensure road users’ safety, and exceeding these limits can lead to severe accidents and even fatalities. By adhering to speed limits, motorists can reduce their chances of getting a racing ticket while contributing to safer driving conditions for all.

Avoid Risky Situations

Another way of avoiding racing tickets entails staying away from risky situations that can lead to these violations, such as known street racing areas or places where racing events are taking place. Doing so reduces the temptation to participate in the race and gives the police little reason to issue an individual with a racing ticket.

Be Aware of State Laws

Street racing charges vary between states, making it vital for motorists to be aware of local laws to help avoid violating these regulations unintentionally. Staying informed of local racing regulations can reduce the chances of getting a racing ticket and enable drivers to keep their license privileges.

Contact a Virginia Traffic Law Attorney Today

Street racing violations are more serious offenses than traffic tickets, potentially resulting in significant legal consequences, like license suspensions, fines, and even jail time, which can have a large impact on a person’s life. If charged with speed racing, consider reaching out to an attorney to help fight for your legal rights. Understand a street racing ticket in greater detail, and explore the legal options available to those issued with this traffic ticket by contacting a Virginia traffic law attorney from Driving Defense Law; call our firm today at (757) 929-0335.

Red Light Camera Tickets And Military Personnel: Rights And Challenges

Many states permit using automated cameras to issue tickets to drivers who fail to stop at red lights. Like other cameras, such as those used to penalize drivers for not paying tolls, disobeying train crossing signals, or not allowing school buses to stop, cameras that issue red light tickets do so to help enforce traffic regulations. Read about red light camera tickets, alongside the rights and challenges of military personnel regarding these traffic violations, and find out how an experienced Virginia traffic law attorney can help military personnel fight their traffic tickets by calling Driving Defense Law at (757) 929-0335.

What Are Red Light Camera Tickets?

A red light camera ticket refers to a type of traffic ticket issued by a law enforcement official after reviewing photographs or videos taken by a red light camera. These photographs or videos help authorities enforce traffic laws by offering proof of a vehicle running a red light, which is an illegal act in every state. According to the Insurance Institute for Highway Safety (IIHS), running a red light is a frequent and deadly occurrence in the United States, with over 1,000 individuals losing their lives in collisions related to red light running in 2021; one of the key reasons why many states have red light cameras is because they discourage the act of running a red light through the ability to enforce the law without the physical presence of a police officer.

How Do Red Light Cameras Work?

States establish red light safety cameras at intersections to identify motorists running the signal. A sensor on the camera estimates the vehicle’s speed during its approach to the intersection, and if the motorist is driving faster than the speed required to stop in time for the signal, the camera photographs or videos the event. The footage or image captured by the camera can identify the license plate number of the vehicle, while also logging the time, date, and incident location.

The process of issuing a red light camera citation varies between states, but the procedure is usually similar, as outlined below.

Camera Footage Review

While the image and video capturing process is automatic, the ticketing procedure has a manual element. The law enforcement official, typically a police officer, reviews the video and photographs and determines whether the motorist violated traffic laws and whether issuing a ticket is necessary. This means if a driver witnesses a red light camera flashing, receiving a citation is not a certainty.

Issue of Red Light Camera Citation

If the officer decides to issue the ticket, the registered vehicle owner receives the citation in the mail at the address linked to the vehicle’s file with the Virginia Department of Motor Vehicles. Typically, the owner obtains the ticket between 10 and 90 days after the event. The owner then usually has 30 days to respond.

Explore the rights and challenges of military personnel associated with red light camera tickets in greater depth, and learn how a Virginia traffic law attorney can help with this matter. Contact Driving Defense Law today to arrange a consultation.

Red Light Camera Defenses

Before looking at fighting the camera ticket, start by checking the videos and photos included in the citation; usually, the vehicle owner obtains either a physical copy of the photos alongside a URL for reviewing the videos. While local laws dictate the potential defenses to these citations, here are some general ones.

Videos and Photos Do Not Demonstrate a Violation

Even with videos and photos to hand, reviewers and camera systems can sometimes make mistakes, enabling motorists to use the same evidence for issuing the citation to get the case dismissed. The videos and photos must demonstrate that either the vehicle entered the intersection once the light was red or the vehicle traveled over the line limit. Without this, it is not possible to prove the motorist broke the law.

Lack of Appropriate Signage

Some state laws require signage informing motorists of the use of red light safety cameras at intersections. The same laws also specify the sign’s content and location. If a driver receives a red light safety camera citation at an intersection with incorrect signage per the state’s laws, the motorist could have an effective defense.

Penalties for Red Light Camera Tickets

Virginia treats red light safety camera violations differently compared to tickets issued by police officers who catch individuals running the signal. In Virginia, camera tickets do not fall under the category of moving violations. Because of this, these tickets do not affect a person’s driving record or impact the vehicle’s insurance rates; instead, the motorist receiving the ticket can expect a maximum fine of $50.

Who Is Liable To Pay the Ticket if the Driver Was Not the Registered Owner?

Some states assign responsibility for a vehicle running a red light to the driver, whereas others stipulate that the vehicle owner is responsible for the violation. In a similar manner to parking tickets, according to §15.2-968.1 of the Virginia State Code, the responsibility for red light running via a safety camera lies with the vehicle owner in Virginia, regardless of whether they were driving. However, if the owner reports the car stolen and obtains the police report, it is possible to waive the red light safety camera ticket, provided the violation concerns the period where the owner did not have possession of the vehicle.

Can Military Personnel Get Red Light Camera Tickets?

Like other individuals, military personnel can get red light safety camera tickets. That said, emergency and government vehicles operating in an official capacity could be exempt, so military personnel may avoid a ticket when using these vehicles in this manner, although the employed driver could face disciplinary action instead.

Contact a Virginia Traffic Law Attorney Today

Red light automated cameras are increasingly used across the United States, with each state having different rules in place regarding their usage and the penalties faced by those caught running red lights. Individuals who receive a camera ticket for not stopping at a red light may consider contacting an attorney to challenge the ticket if they believe it was unfairly issued. Gain a more comprehensive understanding of red light camera tickets, in addition to the rights of challenges of military personnel concerning these tickets, and discover how a Virginia traffic law attorney from Driving Defense Law can aid those facing automated camera violations; call our legal team today at (757) 929-0335.

Recent Dismissals & Reductions by Attorneys Madeline Loving and Steven Thomas

Attorney Madeline Loving recently secured the following successful case results for our clients:

  • Reckless Driving 90/55 – Reduced to speeding
  • Reckless Driving – Dismissed
  • Reckless Driving – Reduced to simple speeding
  • Reckless Driving + Expired Registration – Expired Registration dismissed; Reckless Driving reduced to simple speeding
  • Reckless Driving Accident – NOT GUILTY
  • Reckless Driving – Reduced to simple speeding
  • Reckless Driving – Reduced to defective equipment
  • Reckless Driving + No Inspection + Failure to Appear + Expired Registration
    • RD: reduced 9mph+ over
    • FTA: dismissed
    • Inspection: dismissed
    • Registration: dismissed
  • Reckless Driving – Dismissed
  • Reckless Driving + No Inspection + Revoked License
    • RD: reduced to speeding
    • Inspection: dismissed
    • Revoked license: dismissed
  • Reckless Driving – Reduced to simple speeding
  • Speeding in School Zone – Reduced to simple speeding 9mph+ over
  • Reckless Driving – CDL Holder – NOT GUILTY
    • Won on the basis of constitutional argument re CDL drivers
  • Reckless Driving – Dismissed, nolle prosse
  • Reckless Driving – Reduced to defective equipment
  • Reckless Driving 29+ mph – Reduced to simple speeding
  • Reckless Driving + Driving Without License
    • Reckless driving reduced to simple speeding 9mph+
    • Driving without license dismissed
  • Reckless Driving – Reduced to simple speeding 16mph+ over
  • Reckless Driving + No Inspection
    • Inspection: dismissed
    • RD: reduced to defective equipment
  • Reckless Driving – Reduced to failure to obey highway sign
  • Reckless Driving – Reduced to 14mph+ over
  • Reckless Driving 29+ mph – Reduced to simple speeding
  • Reckless Driving – Reduced to simple speeding 20mph+ over

Here are recent reviews from Madeline’s clients:

“Great law firm to have representing you in traffic court. Madeline was the attorney for my case and she represented me in an exceptionally well manner. I am very happy with the outcome. DaVeeta does a great job with making sure you’ve taken the right steps towards making a great defense and answering all of the questions you have in a timely manner.”
“Highly Recommend! I got a speeding ticket in the Hampton Roads area and I found out Madeline and her paralegal DaVeeta are the best attorney team to have. They are super friendly, fast responding, and straight forward. She helped me fight my case and with her expertise the court decided to give me a reduction for equipment instead of speeding. I am really impressed with their class of service and the results! They were very communicative literally every step of the way. They both instructed me on what they needed from me, constant reminders and follow ups, and what I should expect. I truly felt cared for and appreciated they just made the entire process effortless for me. I have a commercial license which helps me earn money as professional truck driver and because of this result she saved my job and high insurance expense. I don’t have enough words to say thank you!”

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

  • Virginia Beach DUI (accident involved) – REDUCED to Reckless Driving, jail time & ignition interlock avoided
  • Newport News Hit & Run, Reckless Driving, Assault & Battery, Fail to Provide Insurance –  ALL DISMISSED
  • Suffolk Reckless Driving 22mph over – DISMISSED
  • Chesapeake Reckless Driving 95/60 & Eluding the Police – DISMISSED
  • Suffolk Reckless Driving 26mph over – DISMISSED
  • Virginia Beach Reckless Driving 104/60 – NO JAIL TIME, NO LICENSE SUSPENSION
  • Suffolk Reckless Driving (Multiple Vehicle Accident) – DISMISSED
  • Norfolk DWI & Refusal – NOT GUILTY VERIDCT AT TRIAL
  • Hampton Reckless Driving (Single Car Accident) & Driving Without a License – NOT GUILTY VERDICT AT TRIAL
  • Camden, NC Speeding (90 MPH) & Careless/Reckless Driving – Reduced to SIMPLE SPEED
  • Currituck, NC Misdemeanor Cyberstalking – DISMISSED
  • Currituck, NC Misdemeanor Trespassing – Deferred Disposition to DISMISSAL
  • Elizabeth City, NC Misdemeanor Assault – NOT GUILTY VERDICT AT TRIAL
  • Currituck, NC Misdemeanor Assault – DISMISSED

Here are recent reviews from Steven’s clients:

“So blessed to get this guy as my CAA! Was afraid I’d get someone who treated my case like just another # and would automatically presumed I was guilty. But Mr. Thomas did me right! #casedismissed”
“Nothing but good things to say about Steven Thomas! I would highly recommend him to anyone looking for a good attorney that will get the job done right!”
“Attorney Steven is absolutely a great attorney. He has always been receptive and informational in more ways than one. I really appreciate his service along with his positive character. I highly recommend using him as an attorney. He is on the more expensive side however, his dedication to my case did make me feel safe and protected. I will certainly keep him in mind for any future needs that may be to come.”
DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients, and may not necessarily be representative of all clients. We do not claim, and you should not assume, that all clients will have the same experience. Your outcome may vary.

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

Our team cares about you and will stand strong by your side.  Call Driving Defense Law NOW for a free consultation to evaluate your options. Do not pre-pay your traffic ticket! Pre-paying your ticket or representing yourself in court can have long term consequences. You may encounter costly fines, increased insurance rates, and sometimes even jail time.  Know your options! Our experienced attorneys know how to navigate the local courts in Virginia, especially the Hampton Roads area including Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Isle of Wight, Southampton, Hampton, Newport News, Accomack and Northampton.  Our traffic attorneys will evaluate your options and create a gameplan to dismiss or minimize your offense.  Contact now for a FREE case evaluation!

Parents’ Vicarious Liability For Teenage Drivers

According to the Centers for Disease Control and Prevention (CDC), eight teenagers lose their lives daily in the United States as a result of motor vehicle-related injuries, which is significantly higher than non-teen motorists. For teenage drivers, the issue of parental liability is an important one, particularly concerning accidents. Read about parents’ vicarious liability for teenage drivers, and find out how a seasoned Virginia traffic law attorney from Driving Defense Law can help motorists fight for their legal rights; call our legal team today at (757) 929-0335.

Common Causes of Teen Driving Accidents

Teen driving accidents can occur due to various factors that contribute to the heightened risk faced by young drivers. Understanding these common causes could help promote safer driving practices among teenagers. Here are some key reasons behind teen driving accidents:

  • Inexperience and risk-taking behaviors: Teenage drivers, due to their limited driving experience, may exhibit risk-taking behaviors such as speeding, reckless driving, and distractions. These behaviors can increase the likelihood of accidents as teens have less practice in handling dangerous situations compared to adult drivers.
  • Distracted driving: One of the major issues affecting teen drivers includes distracted driving. Distractions such as cell phones, passengers, and other factors in the vehicle can divert their attention from the road, leading to a higher risk of crashes; according to the National Highway Traffic Safety Administration (NHTSA), in 2022, over 3,000 individuals died due to distracted driving.
  • Driving at night: Night driving poses challenges in terms of reduced visibility, which teenage drivers may not have fully developed skills to manage safely. The lack of experience and reduced visibility at night can increase the risk of accidents for teen drivers.
  • Driving with passengers: Having friends in the car, particularly in high-emotion situations, can significantly increase the likelihood of crashes for teenage drivers. The presence of passengers can be a distraction and may lead to impaired decision-making.
  • Drowsy driving: Teens require sufficient rest, and late bedtimes or extracurricular activities can compromise their alertness while driving. Drowsy driving significantly impairs a teen driver’s ability to focus, react quickly, and make sound judgments while operating a vehicle.
  • Seatbelt non-compliance: Teenagers often have lower seat belt usage rates compared to adults. Failing to wear seat belts increases the risk of injuries in the event of a crash, as seat belts help prevent severe injuries and fatalities.

Parental Liability for Teenage Drivers’ Accidents

Several legal principles concern parental liability for teenage drivers in the event of motor vehicle accidents, and understanding these can help parents and guardians understand the potential legal consequences for them if their teenage children contribute to these incidents. Below is an explanation of the main legal theories in this area.

Negligent Entrustment

Negligent entrustment pertains to the concept of holding a parent or guardian liable for entrusting their vehicle to a teenager whom they knew or reasonably ought to have known posed a risk to other motorists. For instance, if a parent continues to allow their teenager to drive despite knowing about the teen’s reckless behavior behind the wheel or the previous accidents they caused, the parent could be legally responsible under the negligent entrustment principle.

Vicariously Liable for a Teenager’s Actions

Vicarious liability is another crucial legal principle that can render parents accountable for their child’s actions, especially when the child is a minor. This doctrine attributes liability to parents based on the parent-child relationship and the ownership of the motor vehicle involved in the accident. If a minor causes a motor vehicle accident, the parents might be liable for the damages resulting from the incident under this legal theory.

Driving Privilege Application Liability

Driving privilege application liability is another key legal principle in this area. Parents who sign off on their teenager’s driving permit or license application may inadvertently assume a level of responsibility for any subsequent driving mishaps. By endorsing their teenager’s driving privileges, parents could be indirectly agreeing to bear some liability for their child’s involvement in an accident.

Does a Parent or Guardian’s Insurance Cover a Teenage Driver?

Whether a parent or guardian’s car insurance covers a teen driver largely depends on the specifics of the insurance policy. Here are some scenarios where a parent or guardian’s car insurance may or may not provide coverage for a teenage driver:

  • Listed as a covered driver: If the teenage driver is explicitly listed on the parent or guardian’s insurance policy, they are typically covered when driving the insured vehicle. However, this may result in higher premiums due to the increased risk associated with inexperienced drivers.
  • Permissive use: Many insurance policies extend coverage to occasional drivers who have permission to use the insured vehicle. In this case, if the teen has permission to drive the car, they are likely covered under the parent or guardian’s policy. However, the coverage may not be as extensive as for listed drivers, and there could be specific age or licensing requirements.
  • Excluded driver: In some cases, parents or guardians may choose to exclude certain drivers from their policy, often to reduce premiums. If the teenage driver is explicitly excluded, the insurance policy may not cover the child when driving the insured vehicle.
  • Non-owned auto coverage: Some insurance policies include coverage for drivers who occasionally use vehicles they do not own. This coverage may extend to the teen driver if they are driving a car that belongs to someone else, such as a friend or relative, but with varied coverage limits and conditions.
  • Uninsured/underinsured motorist coverage: This coverage protects against damages caused by uninsured or underinsured drivers. Additionally, it may cover the insured and their household members if they sustain injuries from an uninsured or underinsured driver while walking or cycling. This coverage may also apply to teen drivers in certain situations.

Find out more about parents’ vicarious liability for teenage drivers, and discover how Driving Defense Law can assist individuals facing traffic charges. Organize a consultation with an experienced Virginia traffic law attorney by filling in a contact form on our website; more information about the different traffic offenses we can help with is also available here.

Can Parents Face a Personal Injury Lawsuit for Their Teenager’s Accident?

In cases where a teenager causes a motor vehicle accident, it can be helpful for parents to understand whether they could face a possible personal injury legal claim. Here is an explanation concerning the specifics of parental liability in personal injury lawsuits resulting from their teen’s involvement in an accident.

What Does the Other Motorist Have To Prove?

To establish parental liability in a personal injury lawsuit for a teenager’s car accident, the other driver typically needs to demonstrate that the teenage driver caused the accident. Additionally, they must prove the parent should have taken preventive measures or provided more effective guidance to the teen to avoid the incident. This could involve showing the parent allowed the teenager to drive without adequate training or supervision, or while knowing the teen was unfit to drive.

What Damages Could Parents Potentially Have To Pay if Their Child Causes a Car Accident?

If a teenager is responsible for the damages caused in a motor vehicle accident, the parents can be liable under the principle of vicarious (or imputed) liability. These parents may have to pay a range of damages resulting from the accident caused by their teenage child, such as property damage, medical expenses, pain and suffering, and lost income.

What Are the Possible Defenses to Parental Liability for their Child’s Car Accident?

Parents facing possible liability for their teen’s car accident can explore potential defenses to protect themselves. Some defenses may include demonstrating that the parent provided adequate training and supervision, lacked knowledge of the teen’s driving history or behavior, or that the accident took place due to unforeseeable circumstances beyond the parent’s control.

Tips for Parents of Teenage Drivers

Parents can adopt several practices to help their children stay safe while operating a motor vehicle. Here are several tips for helping prevent teenage driver accidents.

Establishing a Driving Agreement

Parents can set clear guidelines and rules for teenage drivers by creating a driving agreement. This agreement outlines expectations, prohibitions, and consequences regarding their behavior behind the wheel; they can include clauses such as no texting while driving, avoiding alcohol consumption before driving, and following speed limits. By establishing a driving agreement, parents can reinforce safe driving practices and encourage responsible behavior.

Encouraging Defensive Driving

Encouraging teenagers to practice defensive driving techniques can help prevent accidents. Parents may educate their teenage drivers on defensive driving principles, such as maintaining a safe distance from other vehicles, staying alert, and anticipating potential hazards. Defensive driving courses can further enhance their driving skills and road awareness, reducing the risk of accidents and promoting safer driving habits.

Regularly Reviewing Driving Progress

Parents who regularly monitor and review their teenage driver’s progress can help prevent their children’s involvement in motor vehicle accidents. By staying involved in a child’s driving practices, parents can provide constructive feedback, address any concerns or issues, and track their overall development as a driver.

Frequently Asked Questions About Parents’ Vicarious Liability for Teenage Drivers

Parents and guardians may have several questions concerning whether they could be liable due to their child’s involvement in a car accident. Here are some commonly asked queries regarding this topic.

What Happens if My Teen Was Driving Without a License?

If a parent’s teenage child was driving without a license and caused an accident, they could be liable for any damages resulting from the incident. In some states, parents can be jointly and severally liable for their children’s actions, even if the minor caused the accident without parental involvement. This means that as a parent, they could bear financial responsibility for the consequences of the accident, regardless of the child’s driving status.

What if My Teenage Child Drove My Car Without My Permission?

If a teenager drives a car without the parent’s permission and is part of an accident, the parent could still be accountable for any damages caused by the incident. As a parent, it is advisable to take necessary steps to prevent unauthorized access to the vehicle by the teenager to mitigate the risks of incurring these damages.

Will My Insurance Premium Go Up if My Teen Driver Causes a Car Accident?

In the event of a car accident involving a teen driver, if the teen caused the incident and the insurer pays for the damages under the liability coverage, the premium is likely to increase significantly. In some cases, insurers may even opt not to renew the policy if the teen driver has multiple at-fault car accidents or traffic violations within a specific period.

Can Teens Get Their Own Car Insurance?

Teens between 18 and 19 years old can typically sign a contract and purchase insurance in the majority of states. However, minor teens often require a guardian or parent to co-sign the insurance policy, making parents still responsible for any incidents involving the teen driver.

Contact a Virginia Traffic Law Attorney Today

In some scenarios, parents could find themselves legally responsible for damages caused by their teenage children behind the wheel. For instance, in cases where parents knowingly allow their teenage drivers to operate a vehicle, even with a history of accidents or risky behavior, they can be liable. Gain a more detailed understanding of parents’ vicarious liability for teenage drivers, and explore the legal options available to people facing traffic violations by reaching out to a Virginia traffic law attorney; call Driving Defense Law at (757) 929-0335.

Military Speeding Tickets: What You Need To Know

Navigating the consequences of military speeding tickets can be a daunting task. However, understanding the implications of receiving a traffic violation while in the military can help service members maintain clean records and avoid potential repercussions. Whether it is a simple traffic infraction or a more serious offense, service members facing speeding tickets must be aware of the specific reporting requirements within the military structure. Failure to address a speeding ticket promptly and appropriately could lead to unwanted complications in a person’s military career. If you have received a citation for speeding, consider contacting an experienced attorney from Driving Defense Law by calling (757) 929-0335 to learn more about your legal rights.

How Is Speeding Handled in Virginia?

In Virginia, traffic tickets are issued to drivers who exceed the posted speed limits. These violations can have serious consequences, especially for members of the military. Navigating speeding tickets in Virginia requires timely reporting, compliance with legal obligations, and a commitment to safe driving practices. Service members should actively address any traffic violations to uphold military standards and protect their careers. By understanding how speeding tickets are handled in Virginia, service members can effectively manage these situations within the military framework.

Reporting and Consequences

When a service member in Virginia receives a speeding ticket, he or she must report the violation promptly to the commanding officer or the appropriate military authority. Failure to report traffic violations can result in disciplinary action, which can affect the service member’s military career and ability to obtain or maintain a security clearance.

Legal Classification

Speeding tickets in Virginia are classified as traffic infractions rather than felonies or misdemeanors. While they may not carry the same severe penalties, they should still be taken seriously. Service members are advised to promptly pay any fines associated with the ticket to avoid further complications.

Compliance and Responsibility

Service members are reminded to ensure that all fines related to speeding tickets are settled and that there are no outstanding warrants or wants in the National Crime Information Center (NCIC) database. Maintaining compliance with traffic laws is crucial for service members to uphold military standards and responsibilities.

Proactive Measures

To prevent future speeding violations, service members are encouraged to adopt safe driving practices and plan their routes to allow for ample travel time. By adhering to speed limits and avoiding reckless driving behaviors, service members can mitigate the risk of receiving additional tickets.

Speeding Tickets on Military Bases

When military personnel commit traffic violations in Virginia, often resulting in speeding tickets, understanding the implications of these infractions is crucial. These tickets are classified as traffic infractions under Virginia traffic law. Traffic tickets on military bases are handled similarly to civilian cases, yet there are specific considerations due to the military context. Service members who receive speeding tickets on military bases should promptly address them to avoid unwanted consequences.

Upon receiving a speeding ticket on a military base in Virginia, service members should report the ticket to their commanding officer to prevent potential disciplinary actions. Compliance with traffic laws is paramount for military personnel, so they will need to settle fines promptly to maintain a clean record. To navigate these situations effectively within the military framework, service members should prioritize safe driving practices, which include adhering to speed limits and traffic regulations. Avoiding future violations is key to preventing further issues with speeding tickets. By understanding the procedures for handling speeding tickets on military bases in Virginia and taking proactive steps to address them, service members can protect their careers and maintain a positive standing within the military community.

Speeding Tickets for Military Members off Base

When military members receive speeding tickets off base, the process and implications can differ from those on base. Navigating traffic tickets effectively can help service members maintain a clean record and avoid negative consequences. Service members in Virginia need to be aware of the traffic laws specific to the state to avoid speeding tickets off base. Virginia has strict traffic laws, and consequences for speeding violations vary depending on the severity of the offense. Unlike speeding tickets on military bases, which are typically classified as traffic infractions, off-base tickets may fall under different categories based on the circumstances. In Virginia, speeding tickets can result in fines, points on the driver’s license, and potential increases in insurance rates. Military members should address tickets promptly to prevent escalation of penalties. 

Service members should follow all necessary procedures, such as responding to the ticket, attending court if required, and paying fines promptly. Ignoring a speeding ticket can lead to further complications and legal issues. Being proactive in resolving traffic violations can help service members maintain a clean driving record and prevent a negative impact on their military careers. By adhering to traffic laws and by handling speeding tickets responsibly, military members can ensure they stay in good standing both on and off base.

Steps To Take If You Receive a Speeding Ticket

After receiving a speeding ticket, military personnel must handle the situation promptly and effectively to mitigate potential consequences. With the following steps, military personnel can navigate the process of handling speeding tickets effectively, safeguard their driving record, and uphold the standards expected within the military community. If you receive a speeding ticket, be sure to:

  • Assess the situation: Upon receiving a speeding ticket, the first step is to carefully review the details provided on the ticket itself. Be sure that you understand the violation, the location where it occurred, the fine amount, and any other relevant information.
  • Know the traffic laws: Familiarize yourself with Virginia’s traffic laws, as they may differ from those of other states. Understanding the specific regulations surrounding speeding in Virginia can help you to navigate the legal process more effectively.
  • Report to commanding officers: Military members should promptly inform their commanding officers if they have been given a speeding ticket. Being transparent about the situation demonstrates accountability and may be a requirement according to military guidelines.
  • Address the ticket: Address the speeding ticket promptly. Ignoring or delaying the resolution can lead to increased fines, points on your license, and additional legal repercussions. 
  • Pay the fine: In most cases, paying the fine is the simplest way to resolve a speeding ticket. Ensure that all fines are paid promptly to avoid additional penalties or issues. Virginia’s Judicial System provides online instructions for paying fines before or after a court appearance.
  • Seek legal advice: If you are uncertain about how to proceed, consider seeking legal advice. A qualified traffic lawyer from Driving Defense Law may be able to provide guidance on the most appropriate course of action to minimize the impact of a speeding ticket.
  • Practice safe driving: To prevent future speeding tickets and uphold a clean driving record, prioritize safe driving habits. Avoid speeding, follow traffic laws diligently, and be mindful of road conditions at all times.

Contesting a Military Speeding Ticket

When contesting a military speeding ticket, it is important to approach the situation strategically within the framework of Virginia’s traffic laws. Military personnel facing speeding tickets must adhere to specific guidelines to address the issue. Contesting military speeding tickets demands a proactive approach and timely execution of the necessary steps to achieve a favorable resolution. Military personnel who want to contest speeding tickets while upholding military standards and regulations can follow these guidelines:

  1. Gather evidence: Collect any relevant evidence, such as speed calibration records or witness statements, to support your case
  2. Notify command: Promptly report the speeding ticket to your commanding officer to ensure transparency and adherence to military protocols
  3. Obtain legal representation: Consider hiring a traffic law attorney with experience in military cases to contest the ticket on your behalf
  4. Attend court: If required, attend court hearings to present your case effectively
  5. Respond timely: Respond promptly to the speeding ticket to avoid potential escalation of fines or other legal consequences
  6. Maintain record: Keep your driving record clean by taking necessary actions promptly and following traffic laws and procedures

Frequently Asked Questions

How should military service members in Virginia approach contesting speeding tickets?

When challenging speeding tickets as military service members in Virginia, it is important to navigate the legal system strategically. Understanding traffic laws and regulations, collecting relevant evidence, and leveraging available resources can be beneficial. By taking a proactive and informed approach to contesting speeding tickets, military personnel can potentially mitigate the impact on their driving records and, consequently, safeguard their careers and security clearances.

Can military service members receive special considerations when contesting speeding tickets in Virginia?

Military service members in Virginia may have access to certain provisions or services that could aid in contesting speeding tickets. Depending on the circumstances and the nature of the ticket, options like legal assistance from the military or special jurisdiction considerations may be available. Leveraging these resources can help military personnel navigate the procedures for addressing speeding tickets.

How can military service members proactively prevent speeding tickets in Virginia?

To avoid the potential repercussions of speeding tickets in Virginia, military service members should prioritize safe and responsible driving habits. Adhering to speed limits, staying informed about traffic laws, and maintaining awareness of road conditions are essential preventive measures. Additionally, participating in defensive driving courses and practicing situational awareness while driving can contribute to reducing the likelihood of receiving speeding tickets.

Contact a Traffic Law Attorney for Help Today

Even seemingly minor infractions like military speeding tickets can trigger concerns about a driver’s judgment and reliability, potentially impacting a service member’s security clearances and military career. Military personnel must uphold a clean record, on and off duty. If you have received a speeding ticket, consider contacting an experienced Virginia traffic law attorney from Driving Defense Law by calling (757) 929-0335 to schedule a consultation and learn how to protect your security clearance and ensure compliance with the law. 

Safe Driving Apps For Your Phone

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

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

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

What Are Safe Driving Apps?

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

Importance of Safe Driving Apps

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

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

Benefits of Safe Driving Apps

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

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

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

Are There Drawbacks to Safe Driving Apps?

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

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

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

Are Safe Driving Apps Worth It?

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

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

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

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

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

Frequently Asked Questions

Do safe driving apps really reduce distractions while driving?

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

How do safe driving apps contribute to road safety?

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

How a Lawyer May Be Able to Assist You

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

Negotiating Plea Bargains: How It Affects Military Personnel

Plea bargains and plea agreements have been used in the United States Army to alleviate overcrowded dockets. The idea behind these agreements is to allow military defendants to plead guilty to certain charges in exchange for a lighter sentence. The discretion to implement the plea bargaining process was given to various court martial authorities who had to follow a formal process tailored to the military justice system. Pretrial agreements have now become a common practice in the military legal system. In fact, negotiated pleas are now as prevalent in military cases as they are in civilian criminal jurisdictions. However, there is much more to know about these plea bargains and what they can mean for military personnel. If you need further information about these deals or want to review your legal options, consider contacting a lawyer from Driving Defense Law by calling (757) 929-0335.

How Do Plea Bargains Work With Military Personnel?

According to the United States Department of Justice Office of Justice Programs, a plea agreement is a contract between a convening authority and an accused individual. In this agreement, the individual being charged decides to plead guilty in exchange for the authority’s promise to approve a particular punishment. The following promises may be made in a plea bargain:

  • An exchange of an admission of guilt for a reduction in the sentence imposed 
  • An exchange of an admission of guilt for a specific maximum sentence 
  • A discharge in lieu of court-martial
  • Getting rid of certain charges or not referring to any of the other charges
  • Referring the issues to a special court-martial, which may result in a less severe sentence
  • Referring a possible capital case as a non-capital case

A military plea bargain can also include trading an admission of guilt for an offense that is punishable by a dishonorable discharge imposed by the military court. However, in return, the accused will receive the assurance that he or she will not go to trial but instead be administratively discharged. While this agreement can be entered at any point before the court-martial findings are announced, the accused needs to accept the provisions freely and comprehend the outcome. The deal also cannot deprive the accused of the ability to obtain an attorney and have a fair trial. Furthermore, the plea agreement will only become binding in the military if it is approved by a judge. 

Are There Limitations to Plea Bargains?

Although plea bargains in the military are relatively standard, military judges will not accept every agreement presented to them. In most instances, they will not approve a pretrial agreement if:

  • There is a provision in the agreement that both sides have not agreed to
  • There is a provision in the agreement that the individual being charged does not comprehend
  • The punishment in the agreement is below the required minimum as outlined in the Uniform Code of Military Justice (UCMJ) and no exception applies. The UCMJ is enacted by Congress and contains procedural and substantive laws governing the military legal system
  • The agreement contradicts a rule that dictates the conditions, terms, or other parts of the plea bargain 
  • The plea agreement is against the law

If you want to understand more about what these limitations can mean for a plea bargain or how they can personally impact your case, consider discussing your questions with an experienced Virginia defense attorney at Driving Defense Law. 

The Differences Between a Civilian Plea Bargain and a Military Plea Bargain

Although a civilian plea bargain and a military plea bargain are very similar, there are numerous differences between the two processes, such as the following:

  • Military judges cannot participate in conversations regarding the conditions or terms of the plea bargain. In comparison, judges handling civilian plea bargains can join in the process. 
  • A civilian trial judge will split control to make sure that the individual being charged accepts a fair agreement. That is why the trial judge will work with other courts to make sure there is compliance with the laws and fundamental fairness.
  • Military judges will inquire about the accused’s guilty plea before approving a pretrial agreement. This specific procedure, referred to as a providence inquiry, will occur when the other members of the court are not present. 
  • The prosecution and defense in civilian cases are typically more adversarial in nature than those involved in military plea bargains. This is due to the military’s hierarchical structure and the fact that both sides are working within the same system. 

In addition, the consequences of violating military plea bargains are often harsher than those in civilian court. Military plea bargains are considered binding agreements. If the accused violates the terms, serious repercussions can follow, such as a nullification of the plea deal and potentially more severe charges. Overall, while there are similarities between civilian and military plea bargains, the differences in process and consequences make it important for those facing charges in either setting to fully understand the specific procedures and implications of entering into a plea bargain.

The Issues Surrounding a Plea Agreement

Plea bargaining is a widely used process in the military justice system, with the intention of saving time, resources, and money. These bargains also generally offer military personnel an opportunity to obtain protection against severe punishments. However, while many believe these deals are beneficial, they are surrounded by controversy. For instance, some people oppose these agreements on the grounds that they allow perpetrators to avoid taking responsibility for their actions. Others may argue that plea agreements can be coercive and undermine an individual’s legal rights because they place undue pressure on the accused to plead guilty, whether guilty or not, in order to avoid harsher penalties. Despite these concerns, the Supreme Court has found plea agreements to be constitutional as long as they are made lawfully and lead to reasonable, accurate, and consistent sentences. 

Find Out More About Plea Bargains and Their Impact on Military Personnel By Speaking With an Attorney Today

If you are a military member or personnel, you may not want to work on a plea bargain alone. If you are being offered a plea bargain or want further information about the process, an attorney may be able to review your options, determine your next steps, and help you to make the right choice for your future and military career. To review your case and any questions you have regarding plea bargains, consider contacting an experienced criminal defense attorney at Driving Defense Law today by calling (757) 929-0335 to schedule a consultation. 

Implications Of Reckless Driving Charges On Military Security Clearance

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

What Constitutes Reckless Driving?

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

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

Understanding Military Security Clearance

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

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

What Are the Different Levels of Security Clearance?

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

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

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

Does a Criminal Record Fail Security Clearance?

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

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

How Does a Reckless Driving Conviction Affect Security Clearance?

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

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

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

Should You Inform an Employer of a Reckless Driving Conviction?

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

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

Contact a Virginia Traffic Law Attorney Today

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

Are Small Cars Safe?

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

Is a Small Car Safer Than a Big Car?

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

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

What Is the Safest Small Car in a Crash?

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

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

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

What Is the Safest Small Car Brand?

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

Top Safe Small Car Brands

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

  • Toyota
  • Lexus
  • Honda
  • Acura
  • Mazda

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

Safety Improvements for Your Preferred Car

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

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

Are Small Cars Safer Than Trucks?

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

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

What Other Factors Affect Safety in a Car Crash?

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

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

How To Be Safe in Any Size Vehicle

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

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

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

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

Virginia DUI Lawyer

When facing DUI charges in Virginia, it is important to understand your legal rights and what to expect from the criminal justice system. In addition to legal penalties, those convicted of DUI also face potentially life-altering complications, such as difficulty finding employment and loss of driving privileges. At Driving Defense Law, our Virginia DUI lawyers guide our clients through the legal process and work to secure the best possible outcome. To learn more about your legal options after a DUI in Virginia, contact a DUI lawyer today by calling (757) 929-0335.

What Are the State DUI Laws in Virginia?

People facing DUI charges in Virginia should understand the state’s DUI laws and penalties and how they could apply to their cases. Some essential points a Virginia DUI lawyer may be able to explain for you include: 

Blood Alcohol Content (BAC) Limits

According to the Virginia Department of Motor Vehicles (DMV), someone 21 years or older is guilty of DUI if their blood alcohol content (BAC) level is .08% or higher. Drivers under the legal drinking age are prohibited from operating a vehicle with any amount of alcohol in their system and may be charged with DUI with a BAC as low as .02%.

In some cases, the police may also charge individuals who are of legal drinking age with DUI even if the tests administered do not show a BACover .08% if there is evidence that the driver was still too impaired to drive safely. Police officers often administer field sobriety tests and may file charges if they believe the suspect failed the test due to intoxication. 

Criminal Penalties for DUI Offenses

Virginia is home to strict drunk driving penalties. First-time DUI offenses are typically considered Class 1 Misdemeanors, and a conviction for this offense permanently stays on a criminal record. The penalties for a misdemeanor DUI conviction include a fine of between $250 and $2,500 and a license suspension of up to one year. Suspects with a BAC of .15% or higher are also sentenced to at least five days in jail.

Those with past DUI convictions face harsher penalties for subsequent convictions. According to § 18-2.270 of the Code of Virginia, a second conviction within less than five years of the first carries a minimum fine of $500 and a mandatory jail sentence of between one month and one year. A third DUI arrest within 10 years carries a Class 6 felony charge, with a mandatory minimum of 90 days in jail and a mandatory minimum fine of $1,000. Those convicted of fourth and subsequent DUIs must serve a minimum of one year in prison, in addition to a fine of at least $1,000.

License Suspension and Ignition Interlock Requirements

In addition to criminal penalties, a DUI conviction also carries penalties with the Virginia Department of Motor Vehicles (DMV). A first-time offender is subject to a mandatory one-year license suspension and must install an ignition interlock device once their driving privileges have been restored. A second conviction also requires an ignition interlock device and carries a three-year license suspension. 

For a third offense, the DMV revokes a driver’s license indefinitely. However, offenders with repeat DUI convictions may apply to have their license reinstated after five years, as well as applying for a restricted license after three years, according to the Virginia DMV. If you have questions about restoring a suspended driver’s license or another DUI matter, contact Driving Defense Law to speak with a Virginia DUI lawyer.

What Does a DUI Lawyer Do?

DUI lawyers offer crucial legal assistance by educating clients on charges, formulating tailored legal strategies, managing administrative tasks, and representing clients in court. Their goal is to minimize or dismiss charges by scrutinizing prosecution evidence and negotiating favorable plea deals. Beyond the legal consequences, a DUI arrest can impact your personal and professional life. A skilled DUI attorney works towards minimizing these repercussions by reducing sentences when possible. 

Legal Guidance

Hiring an experienced DUI lawyer can help individuals charged with DUI to navigate the Virginia legal system. A DUI attorney familiar with Virginia criminal law will be focused on safeguarding their client’s rights. Skilled attorneys often leverage evidence and connections with prosecutors to reduce charges, while plea deals offer the opportunities to potentially minimize penalties. These legal professionals can also offer valuable legal advice on courtroom conduct. Selecting the right DUI attorney is essential: Consider factors like free consultations and legal fees, and have multiple meetings to ensure a suitable choice for your case and budget.

Negotiating With Prosecutors and Judges

DUI attorneys can play a crucial role in plea negotiations, often reducing penalties for first offenses through substantive and technical defense strategies. During the trial, they present evidence and scrutinize prosecution errors, exposing mistakes in procedure and constitutional violations. A seasoned DUI lawyer guides clients on how to avoid self-incrimination during police interviews. 

Although you are free to represent yourself, many people facing DUI charges opt for legal representation, as many people are not well-positioned to defend themselves in court and judges can be less forgiving of self-represented defendants lacking an understanding of their legal rights and trial procedures.

DUI Defense Strategies

An attentive DUI lawyer will meticulously review each aspect of a new client’s case to identify potential defense strategies. These strategies could potentially result in reduced or dismissed charges.

Breathalyzer Test Issues

A failed breathalyzer test is one of the most common pieces of evidence in DUI cases, but these tests are not infallible. The results of a breathalyzer can be distorted by numerous factors, and inaccurate readings are common. If there is evidence of a false reading or that the officer made errors when administering the test, this could be used as a defense to DUI charges.

Invalid Sobriety Tests

If a suspect fails a field sobriety test due to factors other than intoxication, a DUI lawyer could use this as part of a defense strategy. For example, if a client was unable to walk in a straight line because the road was icy and slippery, a DUI lawyer could argue that the charges against their client should be dismissed.

Unauthorized Stops

Before pulling someone over, a police officer must have probable cause that a crime has been committed. This includes traffic violations, such as running a red light or drifting out of a lane. The arresting officer must provide a reason for the stop in their arrest report. If they are unable to provide a valid reason, the charges could be challenged in court.

Discuss Your Case With Our Virginia DUI Defense Lawyers

If you have recently been arrested for DUI in Virginia, you should strongly consider speaking with an experienced DUI defense lawyer. At Driving Defense Law, our Virginia DUI lawyers help our clients build defense strategies and work towards securing the best possible outcome based on the circumstances of the case. Contact us today at (757) 929-0335 to discuss your case in a free consultation.