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Recent Dismissals & Reductions by Attorneys Madeline Loving and Steven Thomas

Written by john on . Posted in Case Results.

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

  • Virginia Beach Reckless Driving 84/55 – REDUCED to speeding
  •  Chesapeake Reckless Driving 81/55 – REDUCED to improper driving
  •  Hampton Reckless Driving 86/60 – NOT GUILTY
  •  Suffolk Reckless Driving 83/60; Driving without license; Inspection – REDUCED to simple speeding; driving without license DISMISSED; inspection civil penalty.
  •  Newport News Reckless Driving 90/55 – DISMISSED
  •  Norfolk Reckless Driving 80/55 – DISMISSED

Here are recent reviews from Madeline’s clients:

“Absolutely thrilled with the excellent service I received from Madeline at Driving Defense Law! She effortlessly navigated through my speeding ticket issue in Norfolk with unparalleled professionalism. Madeline’s courtroom presence was impressive, and her strategic approach led to an incredibly favorable outcome in my case. I wholeheartedly recommend Madeline to anyone searching for a top-tier professional to stand by their side. Trust me when I say, you won’t find a more dedicated and effective advocate for your legal needs.”
“This law firm is a great law firm and my lawyer Madeline I would recommend her to anybody with legal driving issues she is very professional and sweet and cares for her clients …..keep up the good work !!!!!!!!”
“Madeline Loving was great and reassured me every step of the way! Thank you so much!”

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

  • Chesapeake Failure to Yield to Emergency Vehicle (Misdemeanor) – DISMISSED
  • Suffolk Reckless Driving General (Accident) – DISMISSED
  • Portsmouth Reckless Driving 91/60 – DISMISSED
  • Norfolk Reckless Driving General (Accident) – DISMISSED
  • Chesapeake Reckless Driving 90/55 – DISMISSED
  • York Reckless Driving 90/70 – REDUCED to Defective Equipment
  • Virginia Beach Reckless Driving 108/55 – DISMISSED
  • Norfolk Reckless Driving General (Accident) – DISMISSED
  • Norfolk Failure to Yield (Accident) – DISMISSED
  • Chesapeake Reckless Driving (100/60), Driving Without License (Misdemeanor) and 2 additional infractions – ALL criminal charges avoided, fines only
  • Chesapeake Reckless Driving (101/60) – Jail Time Avoided
  • Newport News Reckless Driving (21 MPH over) appeal for CDL holder – REDUCED to defective equipment
  • Virginia Beach False Report to Law Enforcement (Misdemeanor) – DISMISSED

Here are recent reviews from Steven’s clients:

“The entire team, especially Steven Thomas did so fantastic and were an absolute pleasure to work with. Everything was quick and smooth and they were there for questions or anything else along the entire process, along with periodically checking in to make sure all is still well. Respectfully never wish to speak to these people again, but know where to go if I need to! 10/5 stars if I could”
“When I went in to court thinking the worst, Steven Thomas put my mind to ease. From reckless driving to speeding and a very low fine. Thanks to him I feel so much better about my outcome.”
“I attended a court hearing where I was facing a felony for a driving-related violation. Thanks to the legal services provided by Mr. Steven Thomas, I was able to avoid serving time in jail and also retain my driver’s license. I strongly recommend Mr. Thomas’s legal services to anyone who may require similar assistance in the future.”
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!
Image of suspect taking breathalyzer test; DUI concept.

Should You Submit To A Breathalyzer Test?

Written by john on . Posted in DUI.

Law enforcement officers may ask motorists to complete a test that measures the level of alcohol in their system if they suspect that the individual is driving while intoxicated. One of the most common such tests involves breathing into a device that measures the alcohol content in the motorist’s exhaled air. Police may use the results of this type of test to support a driving under the influence (DUI) charge. Read on to learn more about your options if you are asked to take a breathalyzer test, and discover how a Virginia traffic law attorney from Driving Defense Law can aid those facing DUI charges by calling (757) 929-0335.

Understanding BAC and the Breathalyzer Test

Blood alcohol concentration, or BAC, describes how much alcohol is present in a person’s body. BAC may be measured by obtaining a breath, blood, urine, or saliva sample. According to the Centers for Disease Control and Prevention (CDC), motorists aged 21 years and older are permitted to operate vehicles with a BAC of up to 0.08% in most states – the exception of Utah  (where the legal limit is 0.05%). Individuals younger than 21 years are prohibited from driving with any alcohol detectable in their system.

Per the National Highway Traffic Safety Administration (NHTSA), “breathalyzer” refers to a portable BAC-measuring device that works by determining the level of alcohol in a person’s exhaled breath. The device requires an individual to blow into it to obtain a BAC reading, and law enforcement performing a traffic stop may request that a motorist complete a breath test via the breathalyzer if they suspect the individual may have committed a DUI offense.

What Happens if You Refuse To Submit to an Alcohol Breathalyzer?

In Virginia, motorists automatically consent to take a blood or breath test, or both, in exchange for driving privileges, under what is known as the “implied consent” principle. Worth noting is that this applies following an arrest. If a police officer arrests a driver for a DUI offense and the motorist refuses to take an alcohol breath test, they may face the following penalties in Virginia:

  • Initial violation: The motorist may receive a civil penalty in the form of a 12-month driver’s license suspension, alongside an additional license suspension if convicted.
  • Additional violation: Subsequent DUI offenses or refusals to take an alcohol breath test when arrested can result in a misdemeanor charge, with the possibility of a maximum fine of $2,500 and jail time of a year, alongside a three-year driver’s license suspension.

Is It Worse To Refuse a Breathalyzer?

Several arguments are sometimes advanced in favor of sometimes choosing to refuse to take a breathalyzer test, in spite of the potential consequences. The reasoning involved generally turns on the question of whether it is worse to refuse a breathalyzer than to submit to one. The answer to this question may depend on a variety of factors, according to the circumstances of the particular situation.

Taking the Breath Test

Motorists could opt to take the alcohol breath test because the license suspension for first-time offenders refusing to take the breathalyzer test exceeds the administrative suspension imposed on a driver for taking and failing the test. That combination of factors could incentivize the driver to risk taking the test. 

Find out more about the consequences of refusing a breathalyzer test and learn how a seasoned Virginia traffic law attorney can help defend the rights of individuals facing traffic violations by arranging a consultation with Driving Defense Law.

Refusing the Breath Test

If a driver fails an alcohol breath test, the breathalyzer reading can provide prosecutors with strong evidence that the individual was intoxicated at the time of their arrest, which may help prosecutors secure a DUI conviction more easily. Refusing to take an alcohol breath test means the prosecution has to rely on observations made by police officers instead of the results of a chemical test, a reliance which may weaken the prosecution’s case in court. 

Individuals may also have some incentive to refuse a breath test because some of the devices used for conducting alcohol breath tests can have a small margin of error. That margin of error can place an individual’s calculated BAC level above the legal limit, despite their real BAC possibly falling just shy of it.

Why Do Cops Do Field Sobriety Tests Instead of a Breathalyzer?

Both breath tests and field sobriety tests help law enforcement officers determine whether someone can safely drive and avoid a possible drunk driving accident. Field sobriety tests refer to standardized assessments performed by police officers who suspect someone of committing a DUI offense before carrying out an arrest. 

One reason why police officers may choose to use these assessments instead of a breath test is that the former checks for impairment, whereas the latter relates specifically to alcohol. This distinction can make field sobriety tests useful tools for police officers who believe someone might be driving while under the influence of an alternative substance to alcohol. Field sobriety tests comprise the following three parts:

  • Assessing eye movement: Also known as the NGM test, the horizontal gaze assessment entails monitoring eyeball movements. A person’s eyeball involuntarily jerks when tracking objects moving from side to side; police officers performing this assessment check to determine whether this jerking movement continues for an extended period, whether the eyeball moves unevenly, and whether the jerking occurs at all angles or only specific ones.
  • Walking and turning: For this part of the assessment, the police officer requests the person to walk along a straight line for nine steps in a heel-to-toe fashion, turn on a single foot, and walk back on the same line for nine steps. The police officer may deem the individual to fail this assessment if they start before hearing all the instructions, step outside of the line, demonstrate imbalance, take too many or too few steps, or fail to walk in a heel-to-toe manner throughout.
  • Standing on one leg: Police officers ask the individual to stand on one leg, holding their foot a few inches in the air, and count audibly while the officer sets a timer and checks for signs of impairment, such as struggling to stay balanced or losing count.

Contact a Virginia Traffic Law Attorney Today

While it is possible to refuse breath tests throughout the United States, doing so following an arrest in Virginia may result in charges for the refusal, in addition to any DUI charges filed in relation to the incident. An arrested individual could receive penalties for refusing a breath test even if they had no trace of alcohol in their system. Many motorists may choose to refuse the assessment to avoid providing evidence of driving impaired, especially if they believe the latter may carry harsher penalties. Explore in more detail whether you should agree to take a breathalyzer test and understand how a Virginia traffic law attorney can assist people penalized for not submitting to a breath test by reaching out to Driving Defense Law at (757) 929-0335.

Police officer administering a field sobriety test to a suspected drunk driver

Field Sobriety Tests And DUI

Written by john on . Posted in DUI.

When a police officer pulls over a driver suspected of drunk driving, the officer has several tests at his or her disposal to determine whether the driver is impaired. Among the most popular methods of making this determination is the administration of field sobriety tests (FSTs), which are notorious for being some of the least accurate and reliable ways to determine a driver’s level of impairment. Motorists should understand their rights and obligations when it comes to encountering police officers during DUI stops and consenting to or refusing FSTs. The dedicated attorneys at Driving Defense Law provide comprehensive legal representation for clients facing DUI (driving under the influence) charges throughout the state of Virginia, including the cities of Norfolk, Hampton, Virginia Beach, Portsmouth, and Chesapeake. If you have been arrested for or charged with DUI after refusing or failing a field sobriety test, consider calling (757) 929-0335 today to schedule a free consultation and discuss your options for defense. 

What Are Field Sobriety Tests? 

A field sobriety test (FST) is a test administered by a police officer during a DUI stop to evaluate a suspected drunk driver’s level of impairment, both physical and mental. These tests are usually performed on the side of the road (hence the name “field”) and are used to help law enforcement decide whether to arrest the driver. In every test, it is up to the officer to decide whether a person has passed or failed the test. Field sobriety tests are usually divided into three parts, according to American Addiction Centers, Inc. Below is an overview of each part, including what officers are looking for during these tests. 

The Horizontal Gaze Nystagmus Test

The Horizontal Gaze Nystagmus test (HGN) is usually administered first and is used to measure nystagmus in a driver’s eyes. During this test, the officer observes the involuntary jerking of the eyeballs by asking the driver to follow the officer’s finger or pen using only his or her eyes. Nystagmus happens when the eyes are rotated peripherally in sober individuals or at any angle when in intoxicated individuals. Signs of impairment during the horizontal gaze nystagmus test include a pronounced jerking movement and uneven movement of the eyes.  

The Walk-and-Turn Test

The walk-and-turn test requires the individual suspected of DUI to take nine steps in a straight line. To perform this test, the driver is instructed to walk heel-to-toe, which means that the heel of one foot must touch the toe of the other foot with each step. After taking nine steps in this manner, the driver must turn on one foot and take nine steps back, still following the heel-to-toe requirements. A person can fail the walk-and-turn test by starting before the officer finishes giving instructions, stepping away from the line, failing to walk heel-to-toe, excessively using arms for balance, or taking more or less than nine steps. 

The One-Leg Stand Test

During the one-leg stand test, the person suspected of drunk driving is instructed to hold one foot about six inches off the ground and maintain balance for 30 seconds. While doing so, the person must count out loud in thousands. Drivers can fail this test by putting their foot down, hopping to regain balance, swaying their arms to control their balance, stopping the count, or forgetting the number they are on. 

Can You Refuse a Field Sobriety Test?

When a police officer stops a driver for suspected DUI, the officer may try to convince the driver to comply with a request to take a field sobriety test. However, the truth is that drivers are not legally required to take field sobriety tests, even though police officers often make it seem as if drivers do not have a choice. By submitting to a field sobriety test, a driver may essentially be helping the police officer build a case for an arrest. Submitting may not work in a driver’s favor, especially considering that FSTs are supremely subjective and notoriously inaccurate, and even sober persons can fail them. 

Even if you pass all three parts of the test, an officer still has the discretion to make an arrest if he or she suspects that you are, in fact, intoxicated and not fit to drive. In most states, individuals have a right to refuse a field sobriety test without facing any immediate legal repercussions. Virginia is one of those states, as FSTs are considered completely voluntary within the Commonwealth. However, if you refuse these tests, the court may consider your refusal to take them in your DUI case. 

Why Do Cops Do Field Sobriety Tests Instead of Breathalyzers? 

If FSTs are so inaccurate and drivers can refuse them, why do cops administer these tests in the first place? Why not simply use a breathalyzer instead? In reality, the accuracy of both field sobriety tests and breathalyzers is rather questionable, even though these tests function differently in a number of ways.

  • Breathalyzer: Police officers often rely on breathalyzers as a tool to measure blood alcohol content (BAC), which is essentially the concentration of alcohol in a driver’s blood at the time the test is administered. The legal limit for drivers aged 21 and older is set at 0.08%, according to the state’s Virginia Department of Motor Vehicles. Even though breathalyzers may be an effective tool, the results do not always hold up in court due to the potential for errors in administration, calibration issues, inadequate training, the suspect’s medical conditions, and other problems that may produce a false positive. 
  • Field sobriety test: FSTs, on the other hand, provide law enforcement with subjective observations that can (a) help them make decisions regarding the suspect’s level of intoxication before making an arrest and (b) be used as evidence during DUI proceedings against the driver. A field sobriety test allows the officer to assess the driver’s physical and mental impairment beyond just the concentration of alcohol in his or her blood. 

Sometimes, police officers do not choose between a breathalyzer and a field sobriety test. Rather, they administer both to get more comprehensive information about the driver’s condition, which aids them in making a decision regarding whether to arrest the individual for DUI. Regardless of whether your DUI arrest is based on the results of a breathalyzer or a law enforcement officer’s observations during a field sobriety test, the defense team at Driving Defense Law may be able to help you challenge the evidence presented and organize an aggressive legal strategy in your defense.

Seek Reliable Legal Advice at Driving Defense Law

If you are facing DUI charges after failing field sobriety tests, you may believe that the results of the tests did not accurately reflect your level of impairment. An attorney may be able to explain the legal options available to you when it comes to challenging the results of FSTs or fighting DUI charges after a refusal to take a field sobriety test. To discuss your case with an experienced DUI defense lawyer, consider contacting the team at Driving Defense Law by calling (757) 929-0335 to request a free case review. 

An intoxicated young man in a collared white button-down business shirt rests his head on a bar next to his drink; high blood alcohol concentration concept.

Factors That Can Affect Your Blood Alcohol Concentration

Written by john on . Posted in DUI.

Because blood alcohol concentration (BAC) is often positively correlated with a driver’s degree of impairment, a drunk driving suspect’s blood alcohol concentration reading taken at or shortly after the time of their arrest is likely to become a key piece of evidence in their driving under the influence (DUI) case. In Virginia, anyone who tests at a BAC of .08% or higher can be charged with DUI. Most adults know that BAC is influenced by how much alcohol the individual has recently consumed. However, certain other factors can also affect BAC. Drivers should be aware of these factors and be careful to avoid driving when factors are present that might push them over the legal limit. If you have recently been charged with DUI in Virginia, the experienced Virginia DUI defense lawyers at Driving Defense Law may be able to help. Contact us today at (757) 929-0335 to discuss your case in a free consultation.

What Is Blood Alcohol Concentration (BAC)?

Blood alcohol concentration (BAC) is a measure of the percentage of alcohol in someone’s bloodstream. For example, a BAC of .10% would mean that the person’s bloodstream consists of one part of alcohol for every 1000 parts of blood.

When we consume alcohol, our stomachs and small intestines absorb it into the bloodstream. Alcohol is toxic, which means that our livers metabolize it to filter it out of our bloodstream. When someone drinks at a rate faster than the liver’s rate of metabolization, their BAC increases, and the person becomes intoxicated. According to the Cleveland Clinic, healthy livers can generally process approximately one alcoholic beverage per hour if there are no other factors present that might slow the removal of alcohol from the bloodstream. 

What Factors Can Affect BAC?

Understanding BAC is pivotal for responsible alcohol use. Numerous factors can influence BAC levels and how alcohol affects our bodies. Some of these factors may be more common than many people realize. Lack of awareness can lead to unanticipated degrees of impairment, often with devastating consequences.

Rate of Alcohol Consumption

The speed at which alcohol is consumed influences our BAC more than anything else. Rapid drinking raises BAC levels more quickly than moderate consumption over an extended period. The type of alcohol also matters – spirits tend to have a more immediate effect on BAC compared to beer or wine due to their higher alcohol content. A healthy liver not affected by other chemical factors may be able to metabolize one drink per hour, but people enjoying a beverage do not always pace themselves to a single drink, sipped evenly over the course of an hour.

Most Recent Meal

The amount of food in a drinker’s stomach can have a significant impact on their BAC. The BAC of someone drinking on an empty stomach will increase more quickly than that of someone with a full stomach. Conversely, having a meal shortly before drinking, or enjoying one’s beverage alongside a meal, can help to slow the rate of alcohol absorption and result in a lower BAC. 

Gender Differences

Essentially, blood alcohol concentration is a way of conceptualizing the amount of blood circulating in an individual’s body that is actually made up of alcohol at a specific moment in time. Painting in very broad strokes, the average woman is smaller than the average man, and the average man has more total blood circulating in his body compared to the average woman. 

One implication of these statistical differences in body size and composition is that women, on average, have less water in their bodies to dilute the alcohol they consume than their male counterparts do, so women will typically have a higher BAC when drinking the same amount of alcohol as a man. A simple way of illustrating this basic concept is to observe that a pint of beer is significantly larger in proportion to a person who weighs 150 pounds than it is in proportion to a person who weighs 250 pounds. 

Psychological and Emotional State

Psychological factors like stress, anxiety, and anger can amplify the effects of alcohol and may lead to higher BAC levels through their effects on the body’s metabolic processes. Stress emotions can impact stomach enzymes, which can influence how a person absorbs and processes alcohol. In addition, psychological factors that dysregulate the operations of the central nervous system (CNS) may exacerbate the impairments experienced by individuals drinking even modest amounts of alcohol. 

Individual Factors

Genetics may also play a role in how our bodies process alcohol. Enzymes involved in the absorption and breaking down of alcohol vary from person to person, which results in variations in BAC levels even among individuals of similar size who have drunk the same types and quantities of alcohol beverages. Personal alcohol tolerance levels, which are typically developed over time with regular alcohol consumption, may also significantly impact blood alcohol concentration.

Medications can also interact with alcohol, in some cases affecting how it breaks down and resulting in an elevated BAC. Understanding how any medications you are taking interact with alcohol is vital to avoid these adverse effects. 

Are Breathalyzer Tests Always Accurate Indicators of BAC?

Most DUI arrests are made based on a breathalyzer reading of over .08%. Although breathalyzers often provide an accurate reading of a suspect’s BAC, various factors can result in an erroneous reading and a false DUI arrest. If you were arrested for DUI and suspect that your charges may have been based on inaccurate results from a breathalyzer test, you may be able to learn more about your legal options by contacting Driving Defense Law’s Virginia DUI defense lawyers.

Medical Conditions

Certain medical conditions may distort breathalyzer readings, regardless of alcohol consumption. Conditions like acid reflux, diabetes, and other gastrointestinal disorders may cause inaccurately high BAC readings on breathalyzer tests, which could potentially result in an erroneous DUI charge. 

Breathalyzers typically measure alcohol content in the linings of the lungs, and the deepest lung air provides the most accurate BAC reading. However, for individuals with some gastrointestinal disorders, alcohol can move from the stomach to the throat, potentially leading to an inflated and inaccurate BAC reading. Even for individuals without these health conditions, eating a meal that causes acid reflux can skew BAC results due to the presence of acid in the breath or mouth.

Chemical Compounds

Breathalyzer devices do not directly measure alcohol. They measure the methyl group of chemical compounds, often assuming that the presence of such compounds is ethyl alcohol. However, various compounds can trigger a false positive if they are present in the breath at the time the test is administered:

  • Gasoline, paint, and propane fumes
  • Acetone in the breath of diabetics or those with low-carb diets
  • “Mouth alcohol” from burping, dentures, oral diseases, vomiting, mouthwash, medications, lip balm, inhalants, tobacco, and certain foods.

Test Administration Errors

In Virginia, police officers are required to use breath test devices approved by the Virginia Department of Forensic Science and to follow established protocols when administering breathalyzer tests. These devices must be regularly and properly maintained and calibrated to ensure accurate readings. Police officers also require proper training in how to accurately administer breathalyzer tests. Failure to follow any of these requirements could potentially result in an inaccurate BAC reading. 

Learn More From Our Virginia DUI Defense Lawyers

Understanding the factors that affect blood alcohol concentration levels is vital for responsible drinking and avoiding DUI charges. If you have recently been charged with DUI, you have legal rights. A Virginia DUI defense lawyer may be able to review your case and help you evaluate the best course of action based on the circumstances. Options may include fighting the charges in court, working towards getting them dismissed without trial, or reaching a plea agreement with the prosecution. Contact Driving Defense Law today at (757) 929-0335 to learn more about your legal rights after being charged with DUI in Virginia.

Closeup image of a traffic signal showing a steady yellow light.

Is It Illegal To Run A Yellow Light In Virginia?

Written by john on . Posted in Miscellaneous Traffic Offenses, Reckless Driving, Traffic Resources.

A yellow or amber light alerts drivers that the traffic signal is about to turn red, allowing traffic to begin traveling in other directions. Motorists commonly see the yellow light and speed up to make it through the intersection before the light turns red. Some Virginia drivers may be surprised to learn that those who have not entered the intersection are supposed to stop for yellow lights unless stopping would cause unsafe driving conditions. Anyone who has already entered the intersection when a light turns yellow should proceed unless other vehicles or pedestrians are in their path. If you have questions like, Is it illegal to run a yellow light? Driving Defense Law may be able to help. Call (757) 929-0335 today to schedule your free consultation.

Is it Illegal To Run a Yellow Light?

The legality of running yellow lights is complex, and there is no straightforward answer. Virginia traffic laws require vehicles to stop at yellow lights unless they have already crossed the line and entered the intersection or crosswalk at the time the light turns yellow. However, the regulations also state that the driver should proceed with caution if stopping is not reasonably safe. 

Potential stopping hazards may be rainy, snowy, or icy conditions, or the proximity of other cars following closely behind. Stopping suddenly at a yellow light could cause a rear-end traffic accident.

What Does a Yellow Light Mean?

Not every yellow traffic light means the same thing. Understanding the subtle differences can help keep motorists safe and help them avoid traffic tickets. A ticket issued for failure to obey traffic signals can result in a four-point moving traffic violation. Four points can cause insurance rates to increase or driver’s license suspension, depending on the motorist’s Virginia driving record. 

 

  • A solid yellow light is a warning that the light will turn red in between three and six seconds, and drivers should stop if they can do so safely. 
  • A flashing yellow light means drivers can proceed using caution and after checking to be sure that it is safe. 
  • A yellow arrow light is for making turns and a warning that the turning light is turning red.
  • A flashing yellow arrow means drivers can legally make left-hand turns after yielding to oncoming traffic; if there is a pedestrian crosswalk, drivers turning left must yield to any pedestrians making their crossing as well. 

A yellow light, whether steady, flashing, or an arrow, means that motorists approaching the light should be careful. Speeding up when faced with a yellow light in hopes of clearing the intersection before the traffic signal turns red is not using caution and causes unnecessary risks of collisions. An attorney at Driving Defense Law may be able to help if you received a traffic ticket for running a yellow light.

Understanding Other Traffic Lights

Traffic lights are essential traffic control and safety devices. The regulations governing traffic signals help control the flow of traffic and keep the roads safer. Understanding the laws regarding each light is crucial to avoiding both car crashes and legal trouble. 

  • Fixed red traffic lights alert motorists that traffic must stop and remain stopped until the light turns green.
  • Drivers should treat flashing red lights as stop signs and stop to look both ways before proceeding. 
  • Green traffic lights indicate that traffic may proceed through the intersection as long as the light remains green. 
  • A steady yellow light alerts motorists that the light is about to turn red, and traffic will begin flowing in a different direction.
  • A flashing yellow light means traffic may come from the other direction, that those drivers have the right-of-way, and motorists must proceed with caution. 

When approaching out-of-service traffic lights, everyone should proceed as if there is a four-way stop sign and follow right-of-way laws.

Stop or Go: What Do You Do at Yellow Lights?

Yellow lights are a caution signal, warning motorists that the light governing their lane of travel is to turn red. Generally, those who have not already entered the intersection or crosswalk must stop. However, when coming to a quick and sudden stop is not reasonably safe, such as when the surface of the roadway is wet and slippery, drivers facing a yellow light may continue through the intersection cautiously. Speeding up to “beat” yellow lights is unlawful and could result in a traffic citation if a police officer is present.

Can I Ever Cross That Stop Line if the Light Is Yellow?

When the motorist cannot safely come to a stop after the light turns yellow, they may carefully continue through the intersection. The driver must remain alert for other vehicles, bicycles, and pedestrians to avoid causing a collision. 

What if I Have Crossed the Stop Line?

When drivers have crossed the line when the traffic light turns yellow, they may proceed legally through the intersection. According to the Code of Virginia § 46.2-833, motorists shall continue driving until they clear the crossway.

Yellow Light Timing and Avoiding the Yellow Trap

Knowing whether to stop or proceed through an intersection when the light turns yellow can be stressful and confusing. Red light cameras can often exacerbate drivers’ nervousness. Yellow light timing refers to the duration of the yellow traffic signal before it turns red. Failing to adhere to stop signs or running red lights are significant causes of severe or fatal car crashes. Therefore, when the Virginia Department of Transportation VDOT installs new traffic lights, they consider many variables, such as the intersection layout and speed limit. 

Yellow light traps can increase the risks of auto collisions significantly. These “traps” involve motorists receiving a yellow turning signal and assuming the oncoming traffic also has a yellow light and will proceed with caution. In a yellow light trap, however, the oncoming traffic has a green light, and vehicles may collide unless one stops in time. 

Schedule a Consultation With a Virginia Traffic Law Attorney

Traffic signals control many roads and highways in Virginia, and speeding through a yellow light or running a red light is unfortunately a common infraction. While the action is typical, failing to adhere to traffic light laws creates a serious traffic hazard, putting drivers at risk of car crashes. When a law enforcement officer is present, the action can also mean receiving a ticket for a four-point moving violation. After an accident or ticket, many do an internet search, asking, Is it illegal to run a yellow light? There is no simple answer, and whether running a yellow light is illegal in your instance will depend on the specifics of your particular case. Call a traffic lawyer in Virginia at Driving Defense Law at (757) 929-0335 for more information or to schedule a free case evaluation.

Traffic signage prohibiting left turns at a busy intersection; palm trees in the background.

Can You Fight An Improper Turn Ticket?

Written by john on . Posted in Miscellaneous Traffic Offenses, Reckless Driving, Traffic Resources.

Making abrupt, last-minute turns or turning without using a signal can quickly lead to a traffic ticket. An improper turn ticket may then lead to other negative consequences. Virginia motorists can get a traffic citation for making improper turns, including right and left turns at intersections or U-turns. Receiving a ticket for a traffic violation does not mean you are automatically guilty of the offense. Drivers have the legal right to fight tickets in traffic court, and when you are facing a driver’s license suspension or other negative consequences are at stake, disputing the ticket may sometimes be the best option. Speak with a knowledgeable traffic violation lawyer at Driving Defense Law by calling (757) 929-0335 for help after an improper turn ticket. 

Laws for Right and Left Turns

In the absence of a posted sign indicating otherwise, motorists can make right turns when the light is red. These right-on-red turns are subject to limitations: Drivers must first come to a complete stop at the light, and they must also give the right-of-way to other drivers and pedestrians. Once they stop and confirm the turn is safe, they may proceed with caution. 

According to the Code of Virginia § 46.2-825, motorists making left turns must yield the right-of-way to oncoming traffic and remain stopped until it is safe to turn in front of drivers traveling from the opposite direction. Drivers in a designated left turning lane have the right-of-way after receiving the green left turn arrow. However, those with a round green light must yield to oncoming traffic even if waiting in a left-turning lane. Regardless of traffic signals, all drivers must yield to other cars, pedestrians, or bicycle riders already in the intersection.

How Traffic Tickets Work in Virginia

Traffic tickets are prepayable in Virginia. Unless people want to fight them, appearing in court is usually unnecessary. However, motorists should be aware that prepaying a traffic ticket is an admission of guilt, and they could receive points on their driving records for moving offenses. Negative driving points on the motorist’s record can often lead to insurance premium increases and other problems, such as a suspended driver’s license. The Virginia Department of Motor Vehicles DMV does suspend drivers’ licenses when motorists receive too many negative points in a short period of time.

Virginia Driver’s License Point System

A traffic citation for improper turns, including an illegal U-turn, is a three-point offense. A motorist who receives 18 points, also called demerit points, within one year will receive a license suspension for 90 days. Those who receive 24 points in two years will also receive a 90-day suspension. The DMV may require drivers to take driver improvement courses for license reinstatement or serve a probation sentence. 

What Is the Cost of an Improper Turn Ticket?

There is a standard monetary penalty schedule for traffic violations. However, the driver’s actions, as well as court costs and processing fees, can increase the fine. Unfortunately, what seems to be a simple improper turn citation can add up and be quite expensive. The fine for an illegal turn could range from $50 to $300. The amount will depend on the violation circumstances, severity, and the jurisdiction where the motorist received the ticket. 

How To Fight a Ticket for an Improper Turn

A ticket for failing to use a turn signal while turning can have harsh penalties if the officer charges the driver with reckless driving. According to the Virginia Driver’s Manual, motorists must signal a minimum of 100 feet, or approximately three to four seconds, before the turn. 

After receiving a traffic ticket for failing to adhere to posted signs prohibiting turns, such as no U-turn or “no right on red,” a sound defense strategy may be asserting the traffic sign was covered, old, and hard to read. This strategy is heavily dependent on the circumstances of the ticket, including the location and the driving conditions prevailing at the time the ticket was issued. A qualified attorney at Driving Defense Law could review the case and help determine the best strategy to fight the improper turn ticket in your unique situation.

Improper Left Turns

The ticket for an improper left turn is often the result of a car crash and consequent police officer accident investigation and report. One potential defense is that the oncoming vehicle was speeding or made other hazardous maneuvers. 

Improper Right Turns

Many traffic violations for illegal right turns are related to a police officer’s determination that the driver’s maneuver was unreasonably hazardous. Therefore, defense strategies to fight the ticket often involve explaining the reason for the driver’s actions. Some examples of defenses against an improper right turn include:  

  • The driver was leaving plenty of space and avoiding cars parked along the road on a curb 
  • Leaving room for pedestrians who were present 
  • Avoiding roadwork and construction

Practical Strategies To Fight Traffic Tickets

A traffic citation is an accusation of violating traffic rules and regulations. The state cannot find people guilty or penalize them without a conviction. While paying for minor tickets in advance may look like a time-saving option, for more serious moving violations, going to court and fighting the ticket with an effective defense strategy may be in the driver’s best interest. Some potential options to fight traffic citations of all types include: 

  • Challenging the ticketing police officer’s subjective opinion or observation that the turn was unsafe or unlawful 
  • Presenting evidence that the improper turn was an error, or “mistake in fact,” and the driver did not realize they were making an unlawful maneuver  
  • Disputing the police officer’s evidence by presenting clear and well-planned evidence, such as eye-witness statements, graphs or charts, or pictures 
  • Evidence to justify the driver’s actions or prove they made the improper turn to avoid sustaining damages or causing harm to others in the immediate area 

Finally, a necessity defense strategy, such as asserting an emergency outside of the motorist’s hands, could justify a traffic violation. Approaching emergency vehicles, reckless or intoxicated drivers, or other situations that elevate the risk of a severe accident and harm could all establish the need for a driver’s deviation from normal traffic procedures.

Contact an Experienced Traffic Law Attorney Today

Fighting an improper turn ticket and winning is possible, and every licensed driver has the legal right to defend themselves in Virginia. You have the right to oppose the violation in traffic court, and if you have too many demerit points on your driving record, drive for a living, or disagree with the police officer, contesting a ticket may in some cases be your best path forward. Call a seasoned traffic violation lawyer at Driving Defense Law after an improper turn ticket at (757) 929-0335 to review your options. 

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Online Traffic School Options For Military Personnel: Pros and Cons

Written by john on . Posted in Military.

Every member of the military goes through intense training, beginning with basic training and continuing through their career up the ranks. However, all of that training does not make military personnel immune from traffic violations. As with the civilian population, a judge hearing the traffic case in the Virginia Judicial System could order military personnel to attend driving school as part of a plea bargain arrangement for their traffic violation. That school acts as a refresher course on the rules of the road. Attending a traditional in-person traffic school might not be feasible when military personnel receive a traffic ticket. In these instances, online traffic school may become a viable option to fulfill the court order. Traffic school may be assigned for infractions ranging from a relatively minor speeding ticket to a third-offense felony DUI. No matter the citation or charges, resolving the matter as quickly as possible is vital. In Virginia, members of any branch of the United States military can begin that resolution process with a call to the traffic defense attorneys with Driving Defense Law at (757) 929-0335.

Pros of Online Traffic School for Military Personnel

Understanding pros and cons of online traffic school options can help military personnel make an informed decision about accessing this option to resolve their traffic violation issues. Driving Defense Law may be able to guide military service members toward an online traffic school that aligns with the unique needs and concerns of individuals in military service. Here are the pros to consider for online traffic school.

Flexibility and Convenience

One of the primary advantages of online traffic school options for military personnel is their flexibility and convenience. Military personnel operate under the weight of unpredictable schedules. As the United States Citizenship and Immigration Services points out, a reassignment to a new base, or deployment overseas, can make it challenging to commit to in-person classes.

An online traffic school allows individuals to complete their coursework at their own pace and on their own schedule. This flexibility allows military personnel to fit traffic school into their busy lives.

Accessibility From Any Location

Online traffic schools are accessible from anywhere with an internet connection. This convenience makes them an ideal option for military personnel who may be stationed in various locations in the U.S. and abroad.

Whether stationed at home or deployed overseas, individuals can access the necessary coursework and complete their requirements without the need for physical attendance at a specific location. Remember, a traffic violation does not recognize borders.

Cost-Efficient

Online traffic school options are often more cost-efficient than traditional in-person classes. Military personnel, especially in the lower ranks, may have limited budgets, and online courses typically have lower tuition fees. Some may also offer military discounts. Additionally, no travel expenses are associated with attending an online traffic school. The absence of commuting expenses can be a significant cost-saving factor for military personnel.

Self-Paced Learning

Many online traffic schools provide self-paced learning, allowing military personnel to progress through the material at their own speed. That self-directed approach can be beneficial for individuals who want to focus on areas where they need more assistance, or breeze through sections they find familiar. This flexibility also caters to different learning styles and helps to ensure that military personnel are able to get the most out of their traffic school experience.

Cons of Online Traffic School for Military Personnel

Although there are many advantages to online traffic school for military personnel, there are some disadvantages to consider as well. Considering the possible drawbacks of online traffic school, in conjunction with its potential benefits, can help an individual in military service to make the decision that best suits their needs.

Lack of In-Person Interaction

Online traffic school means the student will work independently in their chosen environment. The individual will not have the opportunity for in-person interaction with instructors or fellow students.

In a traditional in-person class, there will be time dedicated to discussions, questions, and clarifications. Those discussions might be challenging to have in an online traffic school situation. Some military personnel may benefit from in-person classes’ structure and social reinforcements.

Limited Hands-On Experience

Certain traffic schools, especially those for specialized driving programs, may require hands-on training or practical exercises that cannot easily be replicated online. Military personnel seeking practical skills enhancement, such as defensive driving maneuvers, may find that online courses fall short in providing hands-on experience.

Potential for Distractions

Studying online can sometimes lead to distractions, especially if military personnel complete coursework from home or other non-academic environments. The presence of family members, household chores, or other distractions can hinder the learning process. Maintaining focus and discipline may be more challenging when the physical surroundings do not match the needs of the online learning environment.

Internet Connectivity Issues

Online traffic school options rely heavily on a stable internet connection. Military personnel may encounter difficulties accessing online courses in areas with poor connectivity or during deployments in remote locations. These connectivity issues can lead to frustrations and delays in completing the required coursework.

Varying Quality of Online Schools

Not all online traffic schools are the same. The quality of instruction, course materials, and certification may vary among different providers. Military personnel must research and select a reputable online traffic school to ensure they receive a valuable educational experience and a valid completion certificate.

Find the Right Online Traffic School for Military Personnel

Online traffic school options can be a convenient and cost-effective solution for military personnel facing traffic violations. These courses offer flexibility, accessibility, and self-paced learning. That could be ideal for many members of the military who find themselves in this situation. However, there are disadvantages to online traffic school, such as the lack of in-person interaction with the instructor, limited hands-on experience, potential distractions, and possible internet connectivity issues. Enrolling in an online traffic school should be based on individual circumstances and preferences. A traffic defense attorney with Driving Defense Law may be able to provide guidance to help find the best option for a quick resolution of traffic citation or traffic-related criminal charges. Call (757) 929-0335 today to set up a consultation. 

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DUI In The Military: Consequences and Legal Implications

Written by john on . Posted in Military.

Many military service members are frequently tasked with operating motor vehicles, vessels, and aircraft as part of their duties. When operating these machines, service members of the military must do so responsibly and safely. This requirement necessarily prohibits driving under the influence (DUI) of alcohol or drugs. DUI in the military is punished harshly and can lead to being dishonorably discharged from the military, among other serious, life-altering consequences and implications. If you are facing criminal charges for drunk driving while operating a personal or military vehicle, whether on base or off base, consider contacting Driving Defense Law. These attorneys represent members of the military facing DUI charges and will fight to help servicemembers avoid a conviction or minimize the penalties imposed for a conviction. Call (757) 929-0335 today to schedule a free case evaluation. 

What Happens After a Military DUI? 

All branches of the United States military hold a zero-tolerance policy for drunk driving. Service members of the military are typically held to a stricter standard of conduct than civilians, which is why the consequences of DUI in the military tend to be much more severe compared to DUIs for civilians. A conviction can ruin a person’s career in the military service once and for all. When a military servicemember is caught operating a land vehicle, vessel, or aircraft under the influence, their commanding officer will often suspend their driving privileges while the investigation is pending and until the DUI case is resolved. In extreme cases, the military member’s driving privileges may be revoked entirely. 

The Difference Between DUIs in a Civilian Court vs. Military Courts 

While civilian courts and military courts have many things in common when it comes to handling DUI cases, there are also important differences between these two judicial procedures: 

  • Jurisdiction. Military courts have jurisdiction only over service members of the military who violated the Uniform Code of Military Justice (UCMJ), while civilian courts handle both criminal and civil cases involving civilians. 
  • People present. In a typical DUI case in a civilian court, the people present in the courtroom include a judge, jurors, the prosecution, the defendant, and the defendant’s attorney. Military courts, on the other hand, consist of a military judge and a panel of at least three members of the military who serve as jurors. 
  • Speed of court proceedings. Proceedings in military courts usually run faster than proceedings in civilian courts, primarily because the UCMJ requires a quicker resolution of pending cases against service members of the military. 
  • Verdict. In civilian courts, a guilty verdict in a criminal DUI case must be unanimous to secure a conviction, both at the federal level and, according to the Constitution Annotated, in all state courts since 2020. In military courts, on the other hand, the military defendant can be convicted if at least two-thirds of the members present vote for the conviction under 10 U.S. Code § 852. 
  • Punishment. Generally, a DUI in the military court may be punished more harshly than the same offense would in a civilian court and may involve penalties specific to military service, such as rank reduction, extra duty, and dishonorable discharge. 
  • Appeals process. In DUI cases involving members of the military that are heard in civilian courts, the defendant can file an appeal to a state or federal appellate court. By contrast, military DUI cases can only be appealed to the Court of Appeals for the Armed Forces (CAAF), which handles appeals from all branches of the United States military. In fact, according to the CAAF’s website, the CAAF exercises appellate jurisdiction over service members of the military subject to the UCMJ across the world. 

While crimes, including DUIs, committed by servicemembers on a federal military base are usually handled in the military court, if the arrest took place off base, then it may be tried in civilian court, instead. In some cases, the service member may even be tried in both military and civilian courts. 

The Consequences of DUI in the Military

Convictions for military DUIs tend to carry harsher penalties compared to DUI convictions for civilians. Some of the penalties associated with DUIs by military personnel include but are not limited to:

  • Dishonorable discharge from the military
  • Disciplinary demotion
  • Reduction in rank
  • Payment of deductions
  • Disqualification from future promotions in the military career
  • Fines
  • Reduction in pay
  • Extra duty service
  • Imprisonment
  • Damaged reputation
  • Loss of benefits or disputed entitlement to benefits, such as military pension, after leaving the service 
  • Corrective training
  • General Officer Memorandum of Reprimand (GOMOR)
  • Suspension or revocation of driving privileges
  • Mandatory alcohol abuse treatment program
  • Loss of the security clearance status

The consequences of a DUI in the military can be significant and far-reaching. When your career and your future are on the line, you cannot afford to take a chance. Individuals who find themselves in this circumstance might want to consider hiring an experienced and results-driven defense attorney who will help them work towards the most favorable outcome possible. Driving Defense Law represents members of all military branches who have been accused of DUI, reckless driving, speeding, and other traffic violations on and off military bases. 

Can You Join the Military With a DUI Conviction? 

If you have plans to join the military now or in the foreseeable future but have a DUI conviction, you might wonder how your criminal record can affect your chances of getting into the military. All breaches of the United States military frown upon DUIs. Some of the reasons why a DUI may negatively impact an individual’s potential for career advancement in the military may include:

  • Any criminal conviction makes it harder to obtain a security clearance needed to fulfill military duties
  • A DUI conviction also makes it harder to obtain a driver’s license, said license being often necessary for service members of the military whose duties include operating motor vehicles, vessels, and aircraft
  • DUIs may indicate potential issues with substance abuse

Typically, an application to join the military will face increased scrutiny when the applicant has a DUI conviction on their criminal record. Concealing a prior DUI is not a realistic option, as the background check will most certainly uncover your DUI conviction. In addition to a denied application, this could also lead to criminal prosecution for providing false information on your application. While it may still be possible to join the military with a DUI conviction on your record if you request a waiver for the DUI conviction, waivers are more likely to be approved for individuals who have only one DUI conviction. Military applicants with two or more DUI convictions are much less likely to be able to pursue a waiver option.

Fight for Your Military Career With Driving Defense Law

A DUI conviction can ruin years or decades of hard work and dedication and put a proud career in the military service to an end. Do not let your mistakes derail your life. The traffic and DUI defense attorneys at Driving Defense Law fight to help clients achieve the best outcomes and may be able to help you minimize the punishment of a DUI in the military. Get in touch today by calling at (757) 929-0335 to schedule a free consultation to discuss your case. 

Military serviceman in fatigues tapping a judge’s gavel.

Understanding Armed Forces Traffic Tickets Common Offenses and Consequences

Written by john on . Posted in Military.

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Receiving a traffic ticket is always frustrating, whether you are a civilian or a service member of the military. However, individuals who serve in any branch of the military may have even more questions, largely due to the fact that they may not be able to find much readily accessible information on armed forces traffic tickets online. What are the possible consequences if a service member commits a traffic violation on duty vs. off duty? What if the infraction happens on a military base? Each of these scenarios should be considered individually, as everyone’s situation is unique. If you have received a traffic ticket as a service member of the military, you may want a trusted ally on your side. The attorneys at Driving Defense Law fiercely advocate for the brave and heroic men and women in every branch of the military. Call (757) 929-0335 to request a free case evaluation and discuss how an experienced Virginia traffic defense attorney may be able to help you. 

Armed Forces Traffic Tickets on Military Bases

If a service member of the military is accused of committing a traffic violation on a military base, there are two kinds of traffic tickets they can get: 

  • United States District Court Violation (DD 1805). This traffic ticket is like a regular ticket an individual may receive anywhere else. DD 1805 tickets are issued by the military police but are enforced by the local government. The consequences are typically the same as those pertaining to a regular traffic ticket. 
  • Armed Forces Traffic Ticket (DD 1408). Armed forces traffic tickets are given to drivers of military vehicles or, less frequently, to drivers of non-military vehicles on active duty. DD 1408 may also be issued to dependents of someone on active duty, government-employed civilians, and government contractors. 

In addition to the regular penalties associated with traffic tickets, tickets issued to military personnel may lead to adverse administrative actions from their chain of command. But does the military know when you get a ticket? That depends on whether the ticket was placed on the military blotter or not. If yes, the service member’s unit will most likely be notified of the ticket. Even if the unit is not notified of the ticket, the service member might need to disclose their infraction when obtaining renewal of a security clearance. 

The Three Types of Traffic Offenses in Virginia

Under Virginia Code § 18.2-8, traffic offenses are broken down into three types: 

  1. Infractions. In most cases, drivers in Virginia who commit traffic violations are ticketed for a traffic infraction. Common examples of infractions include speeding, failing to yield, running a red light, following too closely, and others. Traffic infractions typically result in fines and demerit points against the driver’s license. Drivers are not subject to imprisonment for traffic infractions at this level. While an infraction will appear on the driver’s driving record, it is not a criminal charge and thus does not show up on the criminal record. 
  2. Misdemeanors. When a traffic offense is more serious than an infraction, a driver can face a misdemeanor criminal charge. Unlike infractions, misdemeanors can result in jail time. Examples of misdemeanors among traffic offenses are driving under the influence of a controlled substance (DUI), reckless driving, and driving on a suspended or revoked license. Since a misdemeanor is a criminal charge, it will show up on the driver’s criminal record. 
  3. Felonies. Felony offenses are the most severe type of crime under the Virginia criminal law. The most common examples of a felony traffic violation in Virginia are a third DUI conviction and vehicular homicide. In extreme cases, reckless driving may be elevated to a felony. Drivers convicted of a felony can expect to serve time in a state correctional facility, while misdemeanors result in confinement in a county jail. Typically, felonies appear on the person’s criminal record for the rest of their life with no possibility of an expungement (unless the individual was found innocent or was never convicted). 

Regardless of what type of offense you are facing for allegedly committing a traffic offense, you should take the situation very seriously, especially if you are serving in any branch of the United States military. Armed forces traffic tickets can lead to both criminal and administrative penalties, which means your freedom and your career could both be on the line. The attorneys at Driving Defense Law may be able to explain your options during a free case evaluation and discuss what an individual may be up against in their particular situation. 

Traffic Offenses & Virginia’s Point System 

Virginia uses the point system to track every driver’s traffic tickets and violations on the road. Each type of traffic offense has a set number of demerit points assigned to them. The length of time points remain on the driver’s record from the day of committing the offense depends on the severity of the defense and the number of points assigned. These points can add up quickly and lead to hefty fines and possible suspension of the driver’s license. Even after the points fall off, a violation that resulted in a criminal conviction can stay on the person’s criminal record for the rest of their life. 

According to the Virginia Department of Motor Vehicles, traffic offenses in the state can result in three, four, or six points, depending on the severity of the violation. Some of the examples of these violations are: 

  • Three-point violations. Speeding up to 9 mph over the limit, impeding traffic, improper passing, improper turn, and driving with no license plate
  • Four-point violations. Speeding 10 to 19 mph over the limit, passing when unsafe, following too closely, improper signal, failure to yield the right of way, and aggressive driving
  • Six-point violations. Speeding 20 or more over the limit, reckless driving, driving under the influence of alcohol or drugs, manslaughter, driving on a suspended license, and failure to stop at the scene of a crash

In Virginia, adult drivers who accumulate 12 points within one year or 18 points within two years will face suspension of their driver’s license. However, some violations are so serious that the driver’s license may be suspended or revoked automatically regardless of how many points they have accumulated. Some examples of such violations are DUI and driving without a license. 

Fight Armed Forces Traffic Tickets With Driving Defense Law

The attorneys at Driving Defense Law understand what is on the line when a military service member is accused of a traffic violation. An experienced Virginia traffic defense attorney will know how to fight against armed forces traffic tickets to protect a service member’s career, their freedom, their reputation, and everything they have worked so hard to achieve. Reach out today by calling (757) 929-0335 to book your free case evaluation and discuss your traffic defense needs

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The Impact Of Moving Violations On Military Security Clearance

Written by john on . Posted in Military.

Have a traffic ticket and need to take driver improvement?

Take a look at our DMV-approved driving course.

Click Here for our Online Driving Defense School
Are you a service member who has received a traffic ticket? Contact us today for a free consult.

For security clearance holders, getting a ticket for a traffic infraction or, worse, being charged with a criminal offense can negatively impact their military security clearance status and employment opportunities. While receiving a traffic ticket for a moving violation may not result in automatic disqualification, it could potentially create obstacles for those currently serving in the military or planning to enlist. If you have recently received a ticket for a traffic violation and are worried about its potential implications on security clearance, you might want to speak with an attorney as soon as possible. The attorneys at Driving Defense Law have experience working with security clearance holders and understand the intricacies of these types of situations. Schedule a free consultation today to review your particular case and explore the potential impact of a traffic violation on your security clearance. Contact the Norfolk, VA office now by calling at (757) 929-0335. 

What Is a Security Clearance? 

A security clearance is a status required for employment in many military occupational specialties and federal service jobs, and may also be required for individuals in private employment if they work for a company that maintains a contract with the federal government and the employee’s role requires them to have access to classified materials. The clearance, which authorizes the holder to view national security information at the level of classification that matches the level of the security clearance, is required for both military and civilian members of the United States armed forces, including the Air Force, Army, Navy, Coast Guard, Space Force, and Marine Corps. Depending on the type of information a person requires to do their job, there are three levels of security clearances:

  1. Confidential
  2. Secret
  3. Top secret

What Is a Security Clearance Background Check?

Obtaining a military security clearance is not automatic. Since 2020, all background investigations for government personnel and contractors seeking security clearances have been conducted by the Department of Defense (DOD), according to the department’s website. Individuals applying for a security clearance must undergo a comprehensive screening process and background check. During the security clearance process, applicants are required to disclose information regarding their citizenship and residence, foreign travel, financial history, education, employment, and many more. Applicants are also asked about their criminal history and infractions with law enforcement, including traffic violations. 

How Do Traffic Violations Affect Security Clearances? 

Traffic violations, especially serious moving violations resulting in criminal charges and especially conviction, can affect an individual’s eligibility to receive or maintain a military security clearance. If a traffic violation occurred in the past, the applicant will most likely be required to disclose information about the existence of any criminal convictions, charges, and infractions with law enforcement in the forms they fill out when applying for a security clearance. 

Past Traffic Infraction and DoD Screening

When reviewing the application, the Department of Defense will determine whether or not the applicant’s convictions and violations disqualify him or her from eligibility for a military security clearance. Each application is reviewed on a case-by-case basis and the outcome of the DOD’s investigation depends on many factors, including the type of the offense, how much time has passed since the offense was committed, the type of clearance sought, and many more. 

In some cases, the applicant’s moving or other traffic violations will have no impact on their ability to obtain a security clearance. However, there may be cases where the violation can have a detrimental effect and prevent the applicant from being granted clearance and access to classified information. People in Virginia are more likely to experience problems when trying to obtain a security clearance after they have certain traffic violations. 

Reckless Driving Security Clearance

Virginia treats reckless driving as not just a traffic infraction, but a criminal offense. Exceeding the speed limit, which happens to be one of the most common moving violations, can lead to reckless driving charges under Virginia Code § 46.2-862. However, the negative impact of traffic infractions and criminal charges resulting from moving violations could be mitigated or avoided with early intervention by an experienced attorney. The attorneys at Driving Defense Law may be able to help you understand how your situation can affect your military security clearance and evaluate your options for mitigating the impacts of a traffic violation on maintaining your clearance.

When Can a Person Be Disqualified From Obtaining a Security Clearance? 

When evaluating a person’s eligibility for a security clearance – whether the individual is seeking to obtain or renew one – the government considers a variety of factors. According to the United States Department of State, the factors considered pertinent are measures of the applicant’s reliability, trustworthiness, character, judgment, honesty, discretion, stability, and unquestionable loyalty to the country. While traffic infractions and criminal charges/convictions may not automatically disqualify a person from obtaining or renewing a security clearance, they will be taken into consideration. The applicant’s past is likely to raise concerns if any of the following is true:

  • There have been any allegations or admissions of the applicant’s criminal conduct, even if they were never formally charged
  • The applicant is on parole or probation
  • The applicant has a criminal conviction that resulted in a jail/prison sentence for at least a year
  • The applicant has previously violated the terms of their probation
  • The applicant has multiple DUI offenses on their record
  • The applicant has multiple reckless driving offenses on their record
  • The applicant has a history of unlawful use or addiction to controlled substances
  • The applicant failed to complete a court-ordered rehabilitation program as part of their sentence

These are just some of the factors that could raise a security concern when applying for or trying to renew a security clearance. However, there are no hard and fast rules on how a person’s traffic violations or criminal charges/conviction can affect their chances of obtaining a military security clearance, as each application is evaluated on a case-by-case basis. If you have received a traffic ticket for a moving violation, or have been charged with a traffic-related crime in Virginia, the attorneys at Driving Defense Law may be able to help you understand how your infraction or charges may affect your security clearance. A dedicated traffic defense attorney can fight aggressively and tirelessly to help you get the charges dismissed or reduced so they do not jeopardize your employment opportunities and your future. 

Get the Guidance and Peace of Mind You Deserve

Losing a security clearance or being disqualified from obtaining one can be a devastating and frustrating experience that may limit an individual’s career prospects and make it more difficult to provide for a family. However, receiving a traffic ticket or being charged with a crime may not automatically disqualify you from obtaining or maintaining a military security clearance. Everyone’s situation is unique, which is why you might want to consider speaking with an attorney. The skilled attorneys at Driving Defense Law regularly provide personalized attention and guidance to Virginia drivers charged with moving violations. They may be able to go over your case and help you understand the potential impact of your traffic violations or criminal charges on your clearance. Call (757) 929-0335 today to book your free consultation.