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MADELINE LOVING ATTORNEY

Recent Dismissals & Reductions by Attorney Madeline Loving

Written by john on . Posted in Case Results.

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

    • 10/3 – (Virginia Beach) Speeding 39/25 – reduced to 9+ over; $90.00 fine + costs (4 demerit points)
      • REDUCED
    • 10/4 – (Virginia Beach) Speeding Highway Work Zone 50/35 (workers present) – reduced to simple speeding 9+ over; $90.00 fine + costs (4 demerit points)
      • REDUCED
    • 10/26 – (Chesapeake) Reckless Driving 95/60 – reduced to speeding 35+ over; $210.00 fine + costs
      • REDUCED
    • 10/26 – (Virginia Beach) Reckless Driving 89/60 – reduced to speeding 19+ over; $190 fine + costs
      • REDUCED
    • 11/2 – (Virginia Beach) Reckless Driving 81/55 – reduced to speeding 14+; $100 fine + costs
      • REDUCED
    • 11/2 – (Virginia Beach) (1) Fictitious Tags – dismissed; (2) Expired Registration — $35.00 fine + costs
      • DISMISSED
    • 11/3 – (Virginia Beach) Reckless Driving 82/55 — reduced to speeding 19+; $114 fine + costs
      • REDUCED
    • 11/8 – (Virginia Beach) Reckless Driving 77/40 on motorcycle – reduced to speeding 20+; $200 fine; court costs.
      • REDUCED
    • 11/9 – (Virginia Beach) Reckless Driving 92/55 and Failure to Appear – FTA dismissed; RD reduced to speeding 19+; $114.00 fine + court costs.
      • DISMISSED & REDUCED
    • 11/13 – (Norfolk) Following too closely; conjunction with traffic accident – dismissed with costs.
      • DISMISSED
    • 11/17 – (Suffolk) – Failure to maintain control – Reduced to improper before dismissing it without costs.
      • DISMISSED
    • 11/20 – (Virginia Beach) Reckless Driving 88/55; dismissed in full.
      • DISMISSED
    • 11/27 – (Norfolk) Reckless Driving 88/55 – reduced to speeding 19+; $198.00 fine + costs.
      • REDUCED
    • 11/29 – (Nottoway) Reckless Driving 89/60 – reduced to speeding 9+ over; $260.00 fine + costs.
      • REDUCED

Here are three recent Five-Star reviews from Madeline’s clients:

“I hired from this firm for assistance with a speeding case. Ms. Madeline Loving was nice, efficient, and to-the-point. I’m very satisfied with her work, and would work with her again if I ever have trouble again in the future!”
“Madeline Loving was able to get a favorable outcome given my situation! Definitely recommend.”
“I was represented in court by madeline loving. She was absolutely great in court and got my case dismissed without cost! she made sure I was prepared before my case and was very prompt and responsive to all of my questions I will always refer back to them if needed!”
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!
Young driver giving thumbs-up.

 How To Prepare Your Teenager: Driving Tips For New Drivers

Written by john on . Posted in Miscellaneous Traffic Offenses.

Getting a driver’s license is one of the most significant milestones in a teenager’s life, as it grants them a new sense of freedom. With this newfound freedom comes the responsibility to learn and consistently practice safe driving habits. Parents bear the burden of teaching their children how to drive safely and preparing them to pass their driver’s license exams. Unfortunately, Virginia has no shortage of car accidents, many involving teen drivers. However, with adequate preparation and the right teaching approach, parents can help drastically reduce the risk of their child getting into a traffic accident. Following some practical driving trips for new drivers can be very effective for reaching these goals. You can learn more about safe driving for teens by contacting the experienced Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

Familiarize Your Teen With Your State’s Graduated Driver Licensing (GDL) System

Teens are more likely than older divers to be involved in severe or fatal car accidents for a number of reasons, including their lack of experience, lack of skills, and immaturity. Younger drivers speed more often, make more mistakes, and are more easily distracted behind the wheel, especially when driving with friends. Parents can help their teens become safer drivers by following the three-stage graduated driver licensing (GDL) system in their state, which is designed to help teens avoid high-risk driving scenarios. According to the National Highway and Traffic Safety Administration (NHTSA), following this system can reduce a new driver’s accident risk by up to 50%.

While the GDL system can serve as a useful guide, it is important to view this system as just one piece of a larger process. Parents should also be mindful to lead by example by consistently practicing safe driving behaviors themselves, and by taking the time to help their teen practice while they have their learner’s permit. In addition, this parental guidance should continue throughout their teen years, even after they have gotten their license.

Avoiding Distracted Driving

Distracted driving is a major issue for drivers of all ages, but teens are more likely to engage in distracting behaviors while behind the wheel. According to the NHTSA, one in three teens with a cell phone says that they have texted while driving, which increases the risk of an accident by 23 times. Maintaining focus on the road and your surroundings is one of the most important aspects of safe driving and parents should make sure their teens understand this when providing them with valuable driving trips for new drivers. Stressing just how dangerous distracted driving can be and how much it increases the risk of an accident can also help teens to better grasp the importance of maintaining full attention behind the wheel.

Cell phone use is the most common form of distracted driving, but far from the only one. Any behavior that takes your attention away from the road is a distraction. Some other common types of distracted driving include:

  • Eating or drinking
  • Socializing with passengers
  • Applying makeup
  • Changing the radio station

Warn About the Dangers of Alcohol and Drugs

Data from the Centers for Disease Control and Prevention (CDC) show that teens are 17 times more likely to die in an accident if their blood alcohol concentration is over .08%. Most parents have already discussed the dangers of drugs and alcohol with their teens, but it is a good idea to have another talk about these dangers when preparing them to drive. 

In addition to the risk of severe accidents, teens who get pulled over while under the influence could face serious legal consequences, such as a criminal record, possible jail time, a suspended license, and legal fees. Teens who get charged with drunk driving are also at risk of losing college acceptances, scholarships, and academic eligibility. Due to these serious consequences, parents of teens charged with DUI should consider hiring an experienced DUI attorney. If your family is in this situation, you can learn more by contacting one of the DUI defense attorneys at Driving Defense Law.

The Importance of Regular Maintenance

Taking good care of a vehicle is one of the most important responsibilities of owning or driving a car. A well-maintained car will have a longer lifespan than a neglected one. More importantly, keeping a vehicle well-maintained can also reduce the risk of an accident. Teens should understand the importance of maintenance before being granted driving privileges.

If a car is not properly maintained, it is at risk of mechanical failure while on the road, which can easily cause the driver to lose control of the vehicle and crash. Some common ways that poor maintenance can lead to accidents include:

  • Worn-down brake pads make it difficult to stop on time
  • Low-tread tires that slip on the road in poor conditions
  • Burnt-out headlights or taillights make the vehicle less visible to others

Prepare for Emergencies

Drivers should always be prepared for an unexpected emergency on the road, such as an accident or breakdown. An emergency kit should be kept with all supplies your teen could need if stranded in a broken-down vehicle, such as water, a blanket, a flashlight, non-perishable foods, jumper cables, and flares. Parents should also make sure their teens understand the importance of having their vehicle registration and proof of insurance easily accessible in case they are involved in an accident or get pulled over, and what they should do after a car accident.

Contact Our Virginia Traffic Lawyers

Educating your teen with useful driving tips for new drivers can help keep them safe and reduce their risk of being involved in an accident. However, the reality is that some teens will get involved in accidents or get ticketed for traffic offenses. If your teen has recently been ticketed for speeding or another offense, or if they are facing more serious charges like reckless driving, the Virginia traffic lawyers at Driving Defense Law are available to help. We can review your teen’s case and provide our legal opinion on the best way to handle the offense, along with continuous legal guidance throughout the legal process. Call Driving Defense Law today at (757) 929-0335 to learn more.

Eating a cheeseburger one-handed while driving.

Is Eating While Driving Illegal?

Written by john on . Posted in Miscellaneous Traffic Offenses.

There is no law in Virginia prohibiting drivers from eating behind the wheel. However, this does not mean that it is a good idea to do so. Eating while driving is one of many forms of distracted driving, as it takes a driver’s attention away from the road and their surroundings. Distracted driving is extremely dangerous; even taking your eyes away from the road for a few seconds is enough to cause a preventable accident. While eating behind the wheel is not illegal in and of itself, it can lead to erratic driving, which could result in a police officer pulling you over. In some cases, a driver could be charged with reckless driving or another offense for driving dangerously because they were distracted by food. If you are facing a traffic charge related to eating while driving or another form of distracted driving, you can learn more about your legal options by contacting the Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

How Dangerous Is Distracted Driving?

Distracted driving is one of the most common causes of serious car accidents in the United States. According to the Centers for Disease Control and Prevention (CDC), about nine Americans are killed each day in crashes that involve distracted drivers. In 2019, more than 3,100 people were killed and another 424,000 were injured in accidents involving distracted drivers. 

Many states have recognized the severity of this problem by enacting laws that prohibit certain forms of distracted driving, such as texting while driving. According to the Virginia Department of Motor Vehicles, any form of cell phone use when behind the wheel has been illegal since January 1, 2021. Texting while driving is considered a primary offense in Virginia, punishable by a $125 fine for the first offense and a $250 fine for the second and subsequent offenses. Even though eating while driving can pose similar risks, however, there are currently no laws against it.

Why Is Eating While Driving Considered Distracted Driving?

The National Highway Safety Traffic Administration (NHTSA) divides distracted driving into three main categories: 

  • Manual – Distractions that require the driver to take one or both hands off the wheel.
  • Visual – Distractions that take the driver’s eyes away from the road.
  • Cognitive – Distractions that divert the driver’s attention from driving.

Eating while driving can fall into all three of these categories. The act of eating always presents a manual distraction, as the driver must remove at least one hand from the wheel to eat. Drivers also take their eyes off the road to pick up food and drinks. Eating while driving can also turn into a cognitive distraction if something happens to take the driver’s mental attention away from the road, such as spilling food on their shirt.

What Are Some Other Examples of Distracted Driving?

Anything can be a distraction if it takes a driver’s hands, eyes, or mental attention away from the road. Other than eating or drinking, some of the most common examples of distracted driving include:

  • Adjusting air conditioning or heating
  • Using the radio or entertainment system
  • Texting and talking on the phone
  • Talking to passengers
  • Using the mirror to groom yourself or apply makeup
  • Operating the GPS navigation system

When a distracted driver causes an accident because of the distraction, they can be held liable by others who are injured in the accident. You can learn more about eating while driving and other types of distracted driving by speaking with the Virginia traffic lawyers of Driving Defense Law.

Can You Get Pulled Over for Eating While Driving?

Although there may be no specific statute that prohibits eating while driving, a police officer could still pull a car over for doing so if they believe that the driver is acting recklessly as a result of their distraction. Drivers who get pulled over in this situation might not receive a ticket for distracted driving, as current Virginia statutes only prohibit cell phone use while driving. However, an officer could issue a ticket for reckless driving or another traffic offense if eating affected the motorist’s driving.

Reckless driving charges are often filed in cases involving excessive speeding. However, according to the Code of Virginia, driving in any way that endangers “the life, limb, or property of any person” constitutes reckless driving. Since distracted driving has been proven to significantly increase the risk of being involved in an accident with severe or fatal injuries, eating while driving could potentially be considered reckless driving. If you have questions about when eating while driving might be considered a traffic offense, consider reaching out to an experienced Virginia traffic attorney with Driving Defense Law.

What Are the Penalties for Reckless Driving in Virginia?

In Virginia, reckless driving is a class 1 misdemeanor, which carries the following maximum penalties when convicted:

  • 12 months in jail
  • A suspended license for 6 months
  • Six points added to driving record
  • A fine of up to $2,500

In addition to these penalties, a reckless driving conviction on your criminal record can lead to major difficulties in your personal life, including trouble finding employment or housing. Due to the serious consequences of a conviction, people charged with reckless driving should consider seeking legal guidance from an experienced Virginia traffic lawyer.

How Can a Virginia Traffic Lawyer Help?

If you are charged with reckless driving, you may wish to work with an experienced Virginia traffic attorney who can provide useful legal guidance throughout the process and attempt to construct a strong defense. A lawyer can raise certain questions in court that could potentially lead to an acquittal, such as:

  • Did anyone else witness the alleged reckless driving?
  • Did the arresting officer follow all procedural rules before making the arrest or issuing a ticket?
  • Does the defendant have a clean driving record other than the alleged reckless driving?

Learn More From Our Virginia Traffic Attorneys

If you were eating while driving and got pulled over, you may have questions about your legal rights. Whether you were issued a ticket for distracted driving or are being charged with a more serious criminal offense like reckless driving, you may wish to consider discussing your situation with a Virginia attorney who specializes in defending against traffic charges. An experienced traffic attorney will typically review your case, develop a defense against the charges, and assist you in seeking the best possible outcome for your traffic case. For more information on fighting traffic offenses in Virginia, contact Driving Defense Law today at (757) 929-0335.

A pair of patrol officers fill out paperwork for a speeding citation.

What To Do When You Receive An Out Of State Speeding Ticket

Written by john on . Posted in Miscellaneous Traffic Offenses.

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Getting a speeding ticket is always a stressful experience. Receiving a ticket in another state can add another layer of stress to the situation since many drivers are not sure how to handle an out-of-state speeding ticket. Some drivers may be tempted to ignore these tickets, but you are legally obligated to pay or contest all speeding tickets, regardless of where the ticket was issued. If you have recently been ticketed for speeding in another state and have questions about resolving the matter, you can learn more by contacting the experienced Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.

Will My Home State Know About My Out-of-State Speeding Ticket?

Most states are notified when a driver licensed in their state receives a speeding ticket or another traffic infraction in another state. This is due to an agreement called the Driver License Compact (DLC), which according to the American Association of Motor Vehicle Administrators requires most states to report traffic violations of out-of-state motorists to that motorist’s local licensing authority. There are only five states that are not part of the DLC – Wisconsin, Tennessee, Michigan, Massachusetts, and Georgia. 

The Driver License Compact is designed to give states an easy way to report, track, and penalize out-of-state traffic violations, without the need for individual agreements between states. Member states must also honor all out-of-state license suspensions, revocations, and blocked renewals. A new agreement, known as the Driver License Agreement (DLA), is expected to supersede the DLC in the coming years. As of late 2023, however, only Connecticut, Arkansas, and Massachusetts have joined the DLA.

Does Virginia Give Points for Out-of-State Tickets?

The rules regarding out-of-state traffic violations vary by state. However, Virginia and most other states add these violations to driving records. This means that an out-of-state speeding ticket is transferred to Virginia courts. If the driver is convicted in Virginia, their conviction is then transferred to their driving record in the state where the ticket was issued. Points are then added to the driver’s Virginia driving record based on the laws of the other state.

What Are Virginia’s Laws on Speeding?

Out-of-state drivers who are visiting Virginia should be aware of the state’s traffic laws and follow them at all times. Each state handles speeding tickets differently. Virginia is one of the harshest states when it comes to penalizing speeders. Speeding offenses in this state can involve criminal charges, rather than simply being a summary traffic ticket. 

Section § 46.2-862 of the Code of Virginia states that motor vehicle operators can be charged with reckless driving if they are pulled over going 20 miles per hour over the posted speed limit, or over 85 miles per hour regardless of the speed limit. Reckless driving for speeding is a class 1 misdemeanor charge in Virginia, punishable by the following penalties:

  • 6 driver’s license points
  • A fine of up to $2,500
  • Up to one year in jail
  • Suspended driver’s license for up to 6 months
  • Criminal record for the conviction

If you received an out-of-state speeding ticket in Virginia and are facing reckless driving charges, you can learn more about your legal options from one of the experienced Virginia traffic lawyers at Driving Defense Law.

What Should I Do If I Get a Speeding Ticket in Virginia?

Out-of-state drivers who are issued speeding tickets in Virginia should carefully examine the citation document. Determining whether the charge is a regular speeding ticket or the more serious criminal offense of reckless driving is critical to developing an effective strategy for handling the ticket. 

Citations generally include sections detailing the nature of the charge. If the charge is not clear, look for a court appearance section. If there is no court date, it is usually a simple traffic violation. However, if that section is blank or crossed out, the driver may be facing a criminal charge.

Can Virginia Lawyers Represent Out-of-State Residents in Court?

Yes, Virginia traffic lawyers may represent out-of-state residents in court for speeding tickets and even reckless driving charges, in most cases. This is one of many reasons to consider hiring a lawyer if you have been ticketed or charged with reckless driving for speeding as an out-of-state resident. 

In some cases, out-of-state residents may be required to travel to Virginia for a court appearance. This is typically the case for drivers pulled over driving at 100 miles per hour or over, as well as those with previous convictions for reckless driving. Individuals who must appear in court should also strongly consider hiring a local lawyer with experience in Virginia speeding and reckless driving cases.

What Happens if You Don’t Pay an Out-of-State Speeding Ticket?

Speeding tickets should always be paid or contested by the specified deadline, regardless of where they were issued. Remember, states within the Driver License Compact share data with each other, so your home state will be notified of the speeding ticket. Ignoring an out-of-state speeding ticket can have significant legal consequences. 

When an out-of-state driver is ticketed for speeding in Virginia, the Commonwealth of Virginia notifies the driver’s home state of the ticket. The home state then handles it as a normal unpaid speeding ticket. If the out-of-state driver does not pay their ticket within 30 days of a scheduled court appearance, their license will be temporarily suspended in Virginia.

Should I Pay or Contest a Speeding Ticket?

Many drivers opt to pay a speeding ticket and move on, especially if the ticket was issued in another state. While this is always an option, there are a few factors to consider when deciding whether to contest a speeding ticket:

  • Insurance implications – Paying the ticket is essentially admitting guilt, which could result in higher insurance premiums.
  • Driving record – Points will likely be added to your driving record and can stay there for years. This could cause issues for individuals who already have significant points, or present difficulties for individuals who receive additional points in the future.
  • Financial considerations – Speeding tickets can be costly, especially for drivers who were ticketed in school or work zones. 

Learn More From Our Virginia Traffic Lawyers

If you received a speeding ticket when visiting Virginia from out of state, the dedicated Virginia traffic defense attorneys at Driving Defense Law are here to help. We specialize in Virginia traffic cases and can help you navigate the legal system, including contesting a speeding ticket or defending against reckless driving charges. Contact Driving Defense Law today at (757) 929-0335 to learn more about out-of-state speeding tickets and other legal matters.

A driver lifting a parking ticket off their windshield.

Illegal Parking Tickets

Written by john on . Posted in Miscellaneous Traffic Offenses.

No one wants to find a parking ticket on their windshield when they return to their vehicle, but illegal parking tickets are common across Virginia. Many people believe they have no choice but to pay the ticket, but in some cases, an illegal parking ticket may be worth challenging in court. Deciding whether to pay or contest the ticket depends on the circumstances of the ticket. If you have questions about appealing an illegal parking ticket, you can learn more by contacting the experienced Virginia traffic attorneys of Driving Defense Law at (757) 929-0335.

When Should You Fight a Parking Ticket?

There are a few scenarios in which it makes sense to fight a parking ticket. Of course, the ticket should be contested if you can prove that you did not violate any parking laws. Here are some other common situations where a parking ticket should be disputed:

  • Illegibly written tickets
  • Missing or incorrect information on the ticket
  • A parking sign was missing, incorrect, or not visible
  • Citations for parking permit violations, even though the permit was correctly displayed
  • The vehicle was stolen
  • The parking meter malfunctioned
  • Overcharged or issued the wrong ticket for the alleged offense

How To Appeal a Parking Ticket

Individuals who receive illegal parking tickets that they believe are unfair may dispute the ticket by filing an appeal. Consider following these steps to appeal a parking ticket in Virginia:

  • Contact the ticket-issuing agency – First, lodge a complaint with the agency that issued the ticket. The agency will designate an investigator to inquire about the circumstances. At this point, one can either challenge the ticket through correspondence or in a face-to-face setting, but in-person challenges must be made within approximately 20 days of the ticket’s issue date. If the violation is successfully disputed, the ticket will be dismissed.
  • Administrative review – Should the investigator uphold the ticket, one may pursue an administrative review. This step precedes judicial review and involves formally registering a grievance with the local jurisdiction responsible for issuing the ticket. Attendance in person at the review office is often required. This process also requires extensive evidence, such as photographs and other relevant documents.
  • File an appeal – If the ticket is deemed valid during the administrative review, the next recourse is to file an appeal and request a court hearing. The matter will then be reviewed by a judge who will make an official ruling on the ticket’s validity.

Remember that parking ticket laws are not universal; they are subject to the vehicle codes of each state. This is why you should consider speaking with a Virginia traffic lawyer if you are contemplating      disputing your ticket. You can learn more about disputing illegal parking tickets by contacting the dedicated Virginia traffic lawyers of Driving Defense Law.

What Happens i     f You Ignore a Parking Ticket?

Ignoring a parking ticket can have serious legal and financial consequences, so these tickets should be paid or challenged as soon as possible.

Increased Fines

A parking ticket typically specifies      a designated fine owed to the local government for violating municipal parking regulations. Non-payment by the specified due date can result in an escalation of the initial fine due to late fees and collection charges.

Bench Warrants

In cases where parking tickets remain unpaid for extended periods, a local court may issue a notice requiring a court appearance to settle the outstanding balance. Continued non-compliance could escalate to the court issuing a bench warrant for arrest. When this happens, law enforcement officers may detain the individuals with unpaid tickets by identifying their vehicle license plate numbers. 

License Suspensions and Revocations

Unpaid parking tickets can culminate in the suspension of driving privileges. Operating a vehicle with a suspended license is a separate traffic violation and could result in the revocation of the license, which would then require a court petition to restore driving privileges. 

Vehicle Towing or Booting

Vehicles can be towed or “booted” for unpaid parking tickets. If this happens, police officers have the right to search the vehicle without a warrant.

Higher Insurance Premiums

Long-term non-payment of parking tickets can result in higher vehicle insurance premiums. Although most auto insurance companies do not adjust premiums based on non-moving violations like parking tickets, rates can increase due to suspended licenses or violations related to the failure to pay these tickets. 

Do Parking Tickets Show Up o     n Background Checks in Virginia?

A parking ticket is not a criminal offense, so it will not show up on a criminal background check. However, if the ticket is ignored and criminal charges are filed, those charges will show up on a background check. This could have potential long-term consequences, including difficulty finding employment and housing. 

Parking tickets and other traffic violations do show up on driving record background checks. This is especially relevant for positions that involve driving as a main job duty. For example, someone applying for a FedEx delivery driver position may have their driving record checked, and any traffic violations on their record could potentially affect their chances of getting the job. 

How Much Is an Illegal Parking Ticket in Virginia?

The fines for illegal parking vary depending on the specific offense and the jurisdiction where the ticket is issued. Here is an overview of the different fines in some of Virginia’s largest cities.

Norfolk Parking Ticket Fees

Parking fine amounts issued by the City of Norfolk include:

  • Blocking driveway – $50
  • Blocking fire lane – $150
  • No parking – $50
  • Parking in front of a fire hydrant – $150
  • Overtime parking at meter – $35
  • Parking off roadway – $50
  • Restricted city lot – $50
  • Taxi stand – $50
  • Handicapped parking – $300

Parking Violation Fees in Charlottesville

The City of Charlottesville issues the following fines for parking tickets:

  • Blocking driveway – $20 if paid within 96 hours, $40 after
  • Double parking – $20 within 96 hours, $40 after
  • Handicapped parking – $180 within 96 hours, $360 after
  • Parking more than 12 inches from the curb – $15 within 96 hours, $30 after
  • No parking at any time – $25 within 96 hours, $50 after

Learn More From Our Virginia Traffic Attorneys

If you have questions about illegal parking tickets or another matter related to traffic offenses in Virginia     , the dedicated Virginia traffic attorneys at Driving Defense Law are ready to help. Contact our firm today at (757)929-0335 to learn more in a free consultation.

The left brake light of a black car at dusk.

Is Brake Checking Illegal

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

You are in heavy traffic on a Virginia roadway. You notice the person behind you is following way too closely. After you come to a stop at a light or wait for a turning driver in front of you, you notice the vehicle getting even closer to the point where you worry about the driver crashing into you. You want the other driver to give you some space, so you start to tap on your brakes. But is this behavior legal? If you would like more information about brake checking or were involved in a brake checking accident in Virginia and are being blamed for the crash, consider contacting Driving Defense Law by calling (757) 929-0335 to learn more during a confidential consultation. 

What Is Brake Checking?

Brake checking is the practice of rapidly applying brakes, usually to communicate that the vehicle behind the person brake checking is following too closely. Brake checking typically involves slamming your brakes, rather than lightly tapping them. What is essential about brake checking is that the brakes are applied not for the purpose of stopping or slowing down but instead to get the rear driver to respond in a certain way. 

Brake checking is an act that seeks to change another driver’s behavior. However, there is no guarantee that brake checking will yield the desired results. The tailgating driver may simply get annoyed and continue to follow too closely to spite the brake checking driver. The driver may get upset and even violent. Brake checking can also cause collisions because the tailgating driver does not have enough time to stop due to the sudden braking. 

What Is the Point of Brake Checking? 

People sometimes engage in brake checking to communicate to the driver behind them that they are too close for comfort. They hope that by slamming on their brakes, the driver behind them will also have to slam on their brakes to avoid a crash and will pay more attention and create more distance. 

The front driver may believe that if they brake check the tailgater and the tailgater crashes into them, the tailgater will be found at fault. However, this may not be the case because the driver in front has created an unnecessary hazard by braking for no apparent reason other than to provoke the driver behind them. 

Dangers of Brake Checking 

Brake checking can be an extremely dangerous driving tactic. When a driver brake-checks, the vehicle behind them may also have to brake hard or swerve to avoid a crash. Taking those actions may result in the rear driver hitting another driver, pedestrian, or property. Additionally, brake checking increases the likelihood that the rear driver will crash into the vehicle in front of them because they will not have enough braking distance to stop before a collision occurs. 

In addition to potentially causing a crash, brake checking can lead to serious injuries or even death. The accident victim could potentially sue the brake checker for the injuries they suffered. Brake checking can also result in criminal charges being lodged against the offender. 

Is It Okay To Brake Check a Tailgater? 

No. While having someone tailgate you can be frustrating, as explained above, brake checking can be extremely dangerous and lead to a crash. 

Rather than brake checking, here are some strategies to help you deal with tailgaters:

  • Give tailgaters the option to pass. 
  • Create more distance between you and the tailgating driver. 
  • Change lanes. 
  • Use your turn signals to indicate you are turning or changing lanes.
  • Pull over somewhere safe if you feel you are in danger.
  • Report dangerous driving activities to local law enforcement. 

Is Brake Checking Illegal? 

Yes. While there is no specific Virginia brake checking law, brake checking may be considered a form of reckless driving. Brake checking can create a dangerous situation for other motorists and is often considered a form of aggressive driving or road rage. A lawyer from Driving Defense Law may be able to help defend you if you are facing charges for reckless driving or other traffic violations. 

Virginia Tailgating and Brake Checking Laws 

First, it is important to note that tailgating is illegal in Virginia. The Code of Virginia § 46.2-816 states that drivers should not follow other vehicles “more closely than is reasonable and prudent,” while considering the speeds of both vehicles and current traffic conditions. However, just because another driver is breaking the law, that does not give you the right to break the law, too. Brake checking could be a form of reckless driving under , which defines the offense as driving a vehicle recklessly, in a manner, or at a speed, that would endanger the life, limb, or property of others on any highway. 

In addition to this general rule, motorists could be subject to penalties under the Code of Virginia § 46.2-852, which addresses reckless or improper driving, if they do any of the following:

  • Drive a vehicle not under control 
  • Drive a vehicle with inadequate or improperly adjusted brakes
  • Drive a vehicle while their control is impaired
  • Drive with an obstructed view 
  • Drive 20 mph or more above the speed limit
  • Drive too fast for highway and traffic conditions 
  • Pass two vehicles at the same time 
  • Pass at a railroad crossing
  • Pass a stopped school bus
  • Pass a vehicle on or at the crest of a grade or curve 
  • Fail to give proper signals when turning, slowing down, or stopping
  • Fail to yield the right-of-way when entering a highway from a side road
  • Fail to reduce speed when approaching a stationary vehicle that has a flashing or warning light
  • Race on a highway in the Commonwealth or driveway at a church, school, business, or recreational property
  • Stop on a highway

Committing some of these offenses is considered aggressive driving under Virginia law when the act was done “with the intent to harass, intimidate, injure, or obstruct another person.” Reckless driving is a Class 1 misdemeanor according to , punishable by a jail term of up to 12 months and a fine up to $2,500. 

Do You Need Assistance from a Traffic Defense Lawyer for Brake Checking?

If you are facing a traffic ticket due to brake checking, a traffic defense lawyer with Driving Defense Law may be able to help. Learn more by calling (757) 929-0335 today to schedule your free personalized case evaluation.

A small rectangular camera with a power cord plugged into one side, hangs from a suction cup on a car’s windshield.

Are Dashcams Legal?

Written by john on . Posted in Traffic Resources.

You have probably seen dashcams for sale. You might have even wondered, “Are dashcams legal?” and may even have purchased one. These small devices could have a big impact on your traffic case, good or bad. If you would like more information about the legality of dashcams and how they might impact your traffic case, consider consulting with a knowledgeable traffic defense lawyer with Driving Defense Law by calling (757) 929-0335.

What Are Dash Cams? 

Dashcams are small cameras that record the road ahead and/or behind the vehicle while an individual is driving. These cameras are specifically designed to record traffic situations. Therefore, they are typically designed so as to record high-quality footage while the vehicle is turned on in various environments, including daytime or nighttime, and in various temperatures, including extreme heat and cold. 

How Do Dash Cams Work?

Dashboard cameras use the vehicle’s battery as a power source. Depending on the model of camera, the dash cam may automatically record any time after the vehicle is turned on, when the vehicle is in motion, or when a crash is detected. Dash cam owners may be able to upload saved recordings to the cloud for safe storage. They may also be able to share this video with insurance companies, law enforcement agencies, a lawyer, or others. 

Some dash cameras offer additional features. Some devices send an emergency text message to a predetermined contact in case of an accident. Others continue to record when the vehicle is turned off, serving as an additional security measure against auto theft. Some dashcams also provide real-time driver alerts about red light cameras, nearby police, speed traps, and speed cameras. 

Uses for Dash Cams 

Dashcams can be useful in many situations. Some ways that vehicle owners may be able to use dash cam footage in case of an accident or traffic violation include:

  • Showing they did not commit a traffic offense they are being accused of
  • Contradicting another driver’s account in the event of an accident 
  • Filling in gaps about what happened during a traffic stop that were not recorded or released from body cam or police dashcam footage
  • Demonstrating police misconduct, such as seizing evidence without legal justification

Can I Have a Dash Cam While Driving in Virginia? 

There are currently no federal regulations that prohibit having dashboard cameras. Additionally, dash cameras are legal in Virginia. 

Virginia law allows recording in areas available to the public and where people do not have a reasonable expectation of privacy. Furthermore, according to the Digital Media Law Project, Virginia is a single-party consent state, meaning that any party who is a participant in a conversation can legally record the conversation. Therefore, if the dash cam records a conversation one driver had with another driver after an accident or a law enforcement officer during a traffic stop, this recording would likely be legal. 

Where Can I Put My Dash Cam? 

The Code of Virginia § 46.2-1054 prohibits mounting any devices on the windshield or rear window that could obstruct the driver’s view. Instead, dash cameras should be mounted on the dashboard in a location that does not obstruct the driver’s view. 

Do I Have To Tell Cops I Have a Dash Cam?

Today, most people carry cell phones with them wherever they go. They may take pictures and record videos in public places. As such, law enforcement officers cannot reasonably expect privacy during an interaction with the public. Drivers do not have to inform law enforcement they have a dash camera. However, police may be able to see the camera if they stop the vehicle for a traffic infraction. 

Can Dash Cams Be Used Against You?

In addition to wondering are dashcams legal, one may also wonder if dashcam footage can be used against its owner. Dashcams can be used against their owners. However, there are some conditions to this usage. If you are concerned about the footage from your dash cam being used against you, an attorney from Driving Defense Law may be able to assist you. 

How Dash Cam Footage Can Be Used Against You

Dash camera footage could potentially be used against the owner in a traffic case if it shows the owner violating the law or engaging in an activity that contributed to the accident, such as:

  • Speeding
  • Drinking and driving
  • Texting while driving
  • Changing lanes without signaling 
  • Brake checking 
  • Driving recklessly 

Additionally, your dash camera, law enforcement dashcams, or the dash cam of another driver or witness may record evidence after an accident that could later be used against you. For example, the dash camera could have recorded you doing any of the following:

  • Admitting fault for the accident
  • Saying something that was contradictory to the evidence later discovered in your case
  • Acting aggressively toward another driver after the accident
  • Walking in an unbalanced manner that may indicate drug or alcohol impairment

You Do Not Have To Provide Your Footage to Law Enforcement

If an individual thinks the police want their dash camera footage to use it as evidence against them in a traffic case, according to the United States Congress, the individual may decide not to provide it to police under the United States Constitution’s Fifth Amendment that prevents citizens from being compelled to being a witness against themselves in any criminal case. Similarly, the text of the Fourth Amendment, as provided by Congress, also prevents law enforcement from seizing any property through any unreasonable searches and seizures. To obtain a driver’s dash camera footage, law enforcement personnel may need to file for a warrant supported by probable cause. In some cases the doctrine of exigent circumstances may allow them to confiscate the camera instead.

If law enforcement does take a driver’s dash camera, they do not have the right to delete the footage. However, a lawyer may recommend that drivers immediately create a backup copy of any recording they have in the cloud if law enforcement has taken their camera. 

You Can Request Law Enforcement Dash Camera Footage

Dash camera footage that was recorded by law enforcement may be available in your case. A driver, or their attorney if they are working with professional legal representation, may be able to request a copy or make a public records request for such evidence to use in the driver’s defense. If the driver obtains this evidence, and they wish to use it as part of their defense, they will need to be able to substantiate it in court and prove the video was made on the date and time they claim. 

Do You Have Questions for an Experienced Traffic Defense Lawyer?

Are dashcams legal? Yes, they are, and there can be many benefits to having one in your vehicle. If you have been told your dash cam is illegal, are worried about dash cam footage being used against you, or have other questions about dashcams, the experienced Norfolk traffic defense attorneys with Driving Defense Law may be able to answer your questions and help you understand your legal options. Call (757) 929-0335 to schedule a confidential consultation. 

Learn why you should contest a traffic ticket. Click here to learn more.

Why You Should Contest A Traffic Ticket

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

Seeing those flashing lights behind you can be a scary experience. You might try to talk your way out of it but still wind up with a ticket. While the easy solution may be to simply pay the fine, this decision can have long-lasting consequences. For this reason, you might consider consulting with a traffic defense lawyer about why you should contest a traffic ticket. You can reach a knowledgeable lawyer through Driving Defense Law by calling (757) 929-0335. 

Consequences of Paying a Traffic Ticket

When someone pays a traffic ticket, they are accepting legal responsibility for the offense law enforcement cited them for. The driver is giving up their right to require the prosecution to prove the charges against them. They are also subjecting themselves to the following possible consequences:

Demerit Points 

According to the Virginia Department of Motor Vehicles (DMV), after a driver is convicted of a traffic violation, the DMV populates the conviction into their driving record. The DMV also assigns demerit points according to a scale calibrated to account for the severity of various traffic infractions. 

The DMV assigns three points for various offenses, including the following:

  • Speeding 1 to 9 mph above the speed limit as posted
  • Impeding traffic 
  • Improper passing
  • Improper driving
  • Stopping on a highway
  • Changing course after signaling 
  • Driving through a safety zone
  • Driving over a fire hose
  • Driving on a sidewalk 
  • Evading a traffic control device
  • Driving without lights
  • Making an improper turn
  • Driving in violation of a restricted license 
  • Failing to stop at the scene of a crash with an unattended vehicle

The DMV assesses four demerit points for such violations as:

  • Reckless driving – failing to stop before entering a highway
  • Speeding 10-19 mph above the speed limit 
  • Failing to stop for a pedestrian 
  • Failing to yield the right-of-way
  • Following too closely
  • Failing to obey railroad crossing signals
  • Operating a motor vehicle while on a suspended driver’s license with a blood alcohol content of 0.02% or more

The most serious traffic offenses result in six demerit points assessed by the DMV. These offenses include violations such as:

  • Reckless driving – speeding in excess of 85 mph
  • Speeding 20 mph or more above the speed limit
  • Driving while intoxicated
  • Driving under the influence of drugs
  • Involuntary manslaughter
  • Driving after being declared a habitual offender 
  • Driving on a suspended license 
  • Failing to stop at the scene of a crash resulting in injury
  • Attempting to elude police

License Suspension 

If drivers accumulate a certain number of demerit points within a specified time period, their license can be suspended. This can occur if drivers accumulate 18 points within 12 months or 24 points within 24 months. 

Before a driver’s license is suspended, they can try to challenge the basis for one or more of the tickets at a traffic hearing. An experienced lawyer from Driving Defense Law can evaluate the circumstances, explain your legal options, and make recommendations about how to prevent license suspensions. They can also represent you at the hearing. 

Jail Time and Fines

Some traffic offenses, like reckless driving, rise to the criminal level. A conviction could result in possible jail time. 

Depending on the offense, a single traffic offense can also result in fines of hundreds of dollars. These fines may prove difficult to pay if the individual is not making money because they are in jail or have lost their job due to jail time. 

Higher Insurance Premiums

The DMV may sometimes directly notify a driver’s insurance company of the conviction. Even if that does not occur, the insurance company can run periodic checks on any driving record associated with the policy. This review can result in the insurance company requiring a much higher premium at the policy’s next renewal date. For many people, these higher insurance premiums far outweigh the costs of hiring a traffic defense lawyer to contest a traffic ticket. 

Options for Dealing With Traffic Tickets 

If a driver has recently received a ticket for a driving infraction in Virginia, they may have some options, including disputing a ticket. Drivers should carefully consider each option and the potential consequences before making a decision. 

Pay the Ticket

Drivers can generally use the Virginia Courts website to pay tickets, but they should keep in mind there are consequences to paying the ticket. Drivers will be assigned demerit points on their license. Depending on how many demerit points the driver already has, they may face license suspension.

Contest the Ticket 

If a driver believes they were ticketed in error or has a viable defense, they have the option to contest the ticket instead of paying the fine. Contesting the ticket may not always result in having to go to court. If a driver opts to hire a lawyer, the lawyer may be able to negotiate an agreement with the prosecutor to reduce the charge or to dismiss the case, depending on the circumstances. 

Request Alternative Sentencing

Depending on where the driver received the ticket and the law enforcement agency that ticketed them, there may be alternative sentencing options. These options often allow a person to take a class to reduce their charge, lower the potential demerit points added to their driving record, or avoid a conviction. 

Possible Defenses Against Traffic Offenses

There may be various defenses against a traffic offense if a driver wants to dispute a traffic ticket. These defenses will depend on the facts and circumstances surrounding the case. Some examples of defenses drivers could raise may include:

  • They had to commit the driving error to avoid an accident. 
  • There was an emergency. 
  • The law enforcement officer’s equipment was not properly calibrated and cannot be used to prove the charges against the driver. 
  • The law enforcement officer failed to show up to court to testify about what they saw that prompted them to issue the ticket. 

Experienced traffic defense lawyers may be able to review a driver’s case and help the driver determine the potential defenses that could apply to their case. 

Traffic Ticket Process in Virginia

Traffic tickets typically list a court date and location in case the driver decides to contest it. Traffic cases are held in the General District Court, whose listing is provided by Virginia’s Judicial System, in the county where the ticket was issued. Most traffic cases that are heard in District Court do not have a jury and are heard by a judge who makes the final decision. Some courts separate traffic court from criminal court, while others mix the two. 

Traffic Court Dockets

Cases are usually listed on a docket, which will state which courtroom the case will be held in. Most traffic cases are heard in the same room as all the other traffic cases to be handled that day. Cases are listed on the court’s docket, which is a log of all the cases that will be heard that day. The docket will tell drivers which courtroom traffic cases are being heard in, and most traffic cases are heard in the same room as all other traffic cases on the same docket. 

Entering a Plea and Examining Witnesses in Traffic Court

When your case is being heard, the judge may first ask whether you wish to plead guilty or not guilty to the offense. Then, the judge may ask you questions about the event. If the officer who stopped you is present, they may testify about why they ticketed you. If you have a lawyer, they will have a chance to cross-examine the officer and any other witnesses who are called in the case. 

Reach Out for Help From an Experienced Traffic Defense Lawyer

Misdemeanor traffic offenses do not carry penalties as stiff as criminal charges, but they can still involve serious consequences. If you would like to contest a traffic ticket in Virginia Beach, Suffolk, Chesapeake or the surrounding areas, consider contacting a skilled traffic defense lawyer with Driving Defense Law for help. Call or text (757) 929-0335 today.

Misconceptions Regarding Speeding Tickets

Written by john on . Posted in Speeding.

The United States issues millions of tickets to speeding motorists each year and according to the National Highway Traffic Safety Administration (NHTSA), in 2019, more than 300,000 people sustained injuries because of car collisions involving speeding. While it is possible to challenge traffic violations and tickets in court, it can be useful to be aware of the misleading views regarding speeding citations that many individuals rely on when fighting a speeding ticket. To learn more about the misconceptions concerning speeding tickets and discover how a Virginia traffic law attorney from Driving Defense Law can aid motorists facing speeding violations, call or text our office today at (757) 929-0335.

Understanding Speeding Tickets

A speeding ticket refers to a type of moving traffic violation in which the individual facing the charge has allegedly exceeded the speed limit while operating a vehicle. Speeding is typically a minor traffic violation, requiring the payment of a fine, although excessive speeding can lead to more severe punishments.

Motorists who decide to contest a speeding ticket may request a court hearing instead. These hearings take place before a judge and might require the police officer who issued the ticket and witnesses to attend to give evidence.

What Is the Best Excuse for a Speeding Ticket in Court?

Common excuses used, often unsuccessfully, to fight a speeding ticket in court include:

  • Being unaware of the posted limit
  • Experiencing a medical emergency
  • Driving “at the speed of traffic” 
  • Running late for work or for a job-related interview
  • Running late to pick up drop off a child
  • Being late for a medical or court appointment
  • Running late for a social engagement
  • Rushing to get home with hot food 
  • Needing the bathroom

Is There a Legitimate Reason for Speeding?

Below are some legitimate defenses that may justify speeding:

  • Law enforcement actions: If a driver was speeding due to a law enforcement officer’s actions, this could be a valid defense. An example includes a motorist speeding to avoid a police car that was pursuing another vehicle due to the fear of an accident occurring.
  • Emergency response: Motorists who speed because of an emergency might have a defense, but only if the individual could not avoid the emergency without speeding. Here, an example could be a driver speeding to avoid a dangerous driving maneuver that could have resulted in death or injury to the driver or their passengers.
  • Driver and vehicle identity: The prosecution must demonstrate that the alleged speeder was driving the vehicle. Moreover, they must prove it was a particular vehicle that was speeding.

What To Say to the Judge for a Speeding Ticket

If attending court for a speeding ticket to fight the citation, consider the following tips:

  • Be honest: Always be completely honest when discussing the case in court.
  • Remain calm: Doing this helps individuals to clearly articulate themselves, which is key to providing a sound defense.
  • Offer a detailed explanation: This involves providing a thorough account of what happened, including the exact vehicle speed and the difference between the actual speed and the speed limit, weather and traffic conditions, and whether there was any visible signage advertising the speed limit.

Gain a more detailed understanding of the misconceptions related to speeding tickets and find out how a seasoned Virginia traffic law attorney can help individuals facing traffic offenses by arranging a consultation with Driving Defense Law.

How Can I Avoid Points on a Speeding Ticket?

Virginia makes use of a points system to rank drivers by their relative adherence to safe driving practices and frequency of traffic violations. Consider the following tips for avoiding points when given a speeding ticket.

Avoid Immediately Paying the Ticket

In most states, individuals typically have a minimum of 30 days to pay. Rather than immediately paying the fine, which admits guilt, drivers may wish to use this period to determine the available options.

Consider Asking for a Deferral

In a deferral, the court convicts the driver but defers its findings, usually for a year. Motorists who have no citations after this period can often get their ticket dismissed. On the other hand, those who do receive another speeding ticket within the one-year period can expect their insurance premiums to rise dramatically, as both tickets remain on the motorist’s record. The deferral process usually involves paying a fee. There may be a limit on the number of times someone can ask for a deferral, depending on the state.

Attend Traffic School

Sometimes, a court may give motorists the option to attend traffic school and complete a course in exchange for ticket dismissal. This requires the driver to pay court, administrative, and class fees. Some states impose limits on the frequency of using this option, such as once every 12 to 18 months.

Fight the Ticket

Fighting the ticket typically requires attending court so the driver can argue their case, either by themselves or with a lawyer’s assistance. Motorists can present evidence and call witnesses as part of their defense, with the aim of getting sympathy or creating sufficient doubt for the judge to dismiss the ticket.

Can You Argue a Speeding Camera Ticket?

While drivers can appeal a speeding camera ticket, it is worthwhile to consider whether this is appropriate. For instance, if the speeding ticket was a result of another individual cloning the motorist’s number plate, meaning it was not their vehicle that was speeding, then appealing the ticket is worthwhile.

A driver may also decide to argue a speeding camera ticket if, after reviewing the photo evidence included in the ticket, the driver spots that while it was their vehicle that was speeding, it was another person operating the vehicle. Motorists may also decide to argue a speeding camera ticket if they feel sure that they were not speeding and that they received the ticket due to a malfunctioning camera, requiring the police to provide evidence demonstrating that the camera was in working order.

Contact a Virginia Traffic Law Attorney Today

Rather than relying on these traffic violation misconceptions to escape traffic tickets, focus more on reducing the chances of getting a speeding ticket in the first place. In addition to reducing a driver’s risk of accruing demerit points and traffic offense convictions, maintaining safe speeds appropriate to both the posted limit and the current road conditions also helps improve highway safety; for example, in 2022, 441 people died in Virginia vehicle collisions associated with speeding, as indicated by the Virginia Department of Motor Vehicles. Individuals given speeding tickets may consider contacting a Virginia traffic law attorney from Driving Defense Law to help fight for their legal rights by calling (757) 929-0335.

A Guide To Calculating DMV Points

Written by john on . Posted in Traffic Resources.

A Guide To Calculating DMV Points

Virginia uses a point system for rating drivers. Being aware of how the DMV assigns points can help individuals know what to expect and how to prepare for the future when facing a potential traffic violation conviction. Discover how to calculate DMV points and explore the available legal options when charged with a traffic offense by contacting a Virginia traffic law attorney from Driving Defense Law at (757) 929-0335.

DMV Points Explained

According to the Virginia Department of Motor Vehicles, the DMV assigns safe points for sound driving practices and demerit points to unsafe drivers, explained below.

Safe Points

Motorists receive a single safe driving point for every year that they have a valid driving license without suspensions or violations. A single driver may accumulate up to five of these points, which the DMV awards toward the beginning of April for the previous year.

Drivers can accrue five of these points by finishing driver improvement clinics. For drivers who receive a court order to complete such a clinic, whether they can accrue safe points depends on the court. If permitted, these motorists must provide the court with evidence of clinic attendance to gain these points.

Demerit Points

The DMV gives drivers demerit points when they receive a traffic violation conviction to identify and penalize high-risk motorists. These points remain on the individual’s record for two years after the date of the offense.

Drivers accrue additional demerit points each time they commit an offense, with more severe violations leading to a greater number of these points. Eventually, after accruing too many demerit points, a motorist might have their driver’s license suspended by the DMV.

What Happens When a Driver Is Convicted of a Traffic Offense?

Per the Virginia Department of Motor Vehicles, the court contacts the DMV in the event of a traffic violation conviction. The DMV then does the following:

  • Updates the driver’s record with the conviction
  • Adds demerit points to this record, with the number of points varying depending on the offense’s severity
  • Issues a suspension order if the offense is particularly serious
  • Potentially issues the driver with an order for completing a driver improvement clinic
  • Contacts the motorist’s insurer to inform them of the conviction

How Do You Find Out How Many Points Are on Your License?

Motorists who have been convicted of traffic offenses within the past two years may wonder, “How many points do I have?” Virginia drivers can determine the number of points they have by visiting the DMV’s website and logging into their profile.

How Many Points Do You Need To Suspend Your License?

The answer to this depends on the motorist’s age:

  • Aged 20 and over: These drivers can have their licenses suspended when they accrue 12 points or more within a year, or 18 points within two years, unless they complete a driver improvement clinic within three months. Motorists who collect 18 points within a year, or 24 points within two years, can expect an automatic 90-day suspension, and can only get their license reinstated by finishing a driver improvement clinic. 
  • Between 18 and 19: Motorists at this age must complete a driver improvement clinic when they receive demerit points. If they do not attend, they could receive a license suspension.
  • Under 18: If guilty of any traffic violation, drivers within this age bracket must finish a driver improvement clinic within 90 days to keep their license. Drivers of this age who gain two convictions receive an automatic 90-day suspension and, if they acquire three convictions, they either receive a one-year suspension or have their license revoked until they are 18.

Acquire a more comprehensive understanding of how to calculate DMV points and get help when facing traffic charges by arranging a consultation with a Virginia traffic law attorney from Driving Defense Law.

What Are 4 Points on Your License?

In addition to the speeding offenses listed below, here are examples of the types of traffic violations resulting in motorists receiving four points on their licenses:

  • Reckless driving: A number of actions may be charged as reckless driving, depending on the circumstances. Examples may include speeding in a construction zone or under hazardous conditions, and failure to stop before joining a highway.
  • Passing: Examples include passing another vehicle when it is not safe to do so or passing to the left of an oncoming vehicle.
  • Stopping and yielding: Not stopping for pedestrians or emergency service vehicles, not yielding when turning left, not yielding to funeral processions, and not yielding right-of-way are examples of these violations.
  • Keeping right: These offenses include not keeping right on streets or highways or when crossing intersections.
  • Following and signaling: Improper signaling, following other motorists too closely, or not signaling when pulling off a curb all result in four demerit points.
  • Railroad crossings: Such violations include not complying with a railroad crossing signal, such as by failing to stop at these crossings.

How Many Points Is Speeding?

The amount of demerit points given for speeding varies between offenses, as outlined below:

  • Three points: Motorists receive three demerit points on their record if they are found to have impeded traffic due to driving at a slow speed; the same number of points may be applied for driving between 1 and 9 mph over the speed limit.
  • Four points: Driving between 10 and 19 mph over the speed limit adds four demerit points.
  • Six points: Speeding over 85 mph, or at least 20 mph over the speed limit, leads to six points.

How Long Do DMV Demerit Points Stay on a Driver’s Record?

DMV demerit points stay on an individual’s driving record for two years after the offense date. Just because the DMV removes these points from a person’s record does not mean they also remove the conviction; these happen at different times.

Drivers can see how long traffic violation convictions remain on a person’s record by visiting the DMV’s website and looking at the value within the parentheses next to the violation. If there is an asterisk beside the violation, the conviction permanently remains on the motorist’s record.

Insurance Company vs DMV Demerit Points

Insurers sometimes assign drivers their own points to the individual’s insurance record when they receive notification of a traffic-related conviction. Individual insurance firms that do this develop their own insurance points systems to recognize risky drivers so they can adjust insurance premiums accordingly. These are completely separate from the demerit points issued by the DMV.

Contact a Virginia Traffic Law Attorney Today

Accruing DMV demerit points can be a cause of concern for drivers. Consider contacting a seasoned Virginia traffic law attorney to understand this point system more effectively and how it can impact a driver’s legal rights. Gain more knowledge about DMV points calculations and find out how Driving Defense Law can aid those facing possible traffic violation convictions by calling (757) 929-0335.