Skip to main content

Author: john

How To Prevent Your Teen From Driving And Texting

Distracted driving caused by texting is a serious issue, particularly for teenagers and young adults. While preventing your teen from texting and driving is critical in keeping them safe, protecting them when they are in the driver’s seat can be challenging. That is why we have prepared some tips for you to try the next time you are looking for ways to prevent your teen from driving and texting. If your teenager has already been stopped for driving and texting, and you want to review your legal options for supporting them, contact Driving Defense Law today at (757) 929-0335.

What Age Group Is Most Affected by Texting and Driving

The National Highway Traffic Safety Administration (NHTSA) reports that phone use is involved in 12% of all motor vehicle accidents on United States roadways. The Centers for Disease Control and Prevention (CDC) has also indicated that:

  • Texting or emailing while driving is more common among those around the age of 18
  • In the past 30 days, 39% of high school students who drove were texting or emailing while driving on at least one of those days
  • Individuals between 15 and 20 years old were more likely to drive distracted than drivers aged 21 and older

Stay Aware of Their Driving Habits

One way to help stop a teenager from driving and texting is to better understand their habits behind the wheel. Being a passenger in the car with them can allow a parent to see how they handle certain situations, such as receiving an urgent text or phone call. As a passenger, you can also encourage a teen to make any texts before they start the car, and if they do reach for their phones while driving, you can correct the mistake with clear instructions.

Educate Your Teen About Texting and Driving

While most adults understand the dangers of driving and text, some teenagers may not fully grasp the degree of risk involved in texting and driving, or the severity of the consequences for themselves and others. That is why one thing all parents should discuss with their teens before allowing them to take their license exam, and during the first few years of driving, is the dangers of cell phone use behind the wheel. Understanding not only the range of possible outcomes but just how likely they are may reduce their inclination to text while driving in the future.

Set an Example for Them

Teenagers are still mastering the skills needed for adult life, so they tend to learn by copying others. What they see is often what they will do. If they see their parents driving and texting, it will be hard for these same parents to justify why their teens should not engage the same behavior. For these reasons, be especially mindful that you do not text and drive in front of them. 

Similarly, if a parent knows their teen is driving, the parent should refrain from texting until they can expect the teen to have arrived at a safe location. These practices, while small, can end up helping a teen make better decisions as they are driving.

Identify Consequences and Stick to Them

Teenagers need to understand that the right to drive is contingent upon the driver’s adherence to the traffic laws. Parents are in a position to teach this lesson more gently than the local police, state troopers, or other law enforcement agencies who might stop a texting driver. Parents who become aware that their teens are driving and texting may wish to consider imposing consequences such as:

  • Taking the car keys away for a certain period
  • Taking away their phone
  • Making them responsible for paying for their own car insurance, especially if it has gone up due to a ticket

Try Out Phone Apps To Limit Texting and Driving

With today’s technology, there are many tech-based options to help stop a teenager from texting and driving. Some apps can disable a phone’s texting capabilities when the user indicates that they are about to be driving, or while the GPS senses motion commensurate with travel at highway speeds. These apps can be useful, but they only provide a temporary solution and do not stop a driver of any age from participating in other types of distracted driving behavior, such as personal grooming while driving or talking to friends in the car and not paying attention to the road.

Talk To Other Parents About Their Rules

If your teen driver’s friends are operating under rules regarding texting and driving similar to the ones imposed in your household, the entire friend group may be more likely to follow those rules. A teen who receives a text in the car while they are driving with friends, and knows their friends have the same rules they do for driving and text, may hesitate to respond to the text. A good friend may remind them that they should not text and drive.

Have Your Teen Understand the Laws Regarding Driving and Texting

According to the Virginia Department of Motor Vehicles, texting while driving is illegal in the state and can lead to a driving conviction that carries a fine of $125 for the first offense and a $250 fine for subsequent offenses. Additionally, if the person is driving and texting and is charged with reckless driving, it can lead to more severe consequences, including hefty penalties, a suspended license, and even jail time. 

Explaining these legal consequences to a young driver can underscore the point of how dangerous texting and driving can be and help prevent a teenager from taking part in this activity. If your underage teen has already been pulled over for driving and texting, and you want to understand their legal options and how to support them, consider discussing the matter with the experienced legal team at Driving Defense Law. 

Have Them Try a Professional Driving Course

A professional driving course can provide an inexperienced driver with highway safety lessons that go beyond the basics. These courses can help a teenager not only become a great driver, but also to better understand best practices for highway safety, including principles of motor vehicle operation and situational awareness, improved recall and implementation of the state’s traffic laws, and mental skills to help them drive distraction-free.

Teach Them How To Manage Emergencies Better

Teach your teenager to get to a safe place when they need to attend to an urgent text or call. One sound strategy is training them to pull into a parking lot or a gas station if they need to respond to someone on their phone instead of continuing driving and putting their life and others at risk.

Contact Driving Defense Law To Learn More About the Consequences of Texting and Driving

Teenage phone use at the wheel is a major concern for many parents of young drivers. Although the tips mentioned above can be useful in preventing this dangerous behavior, they may not always be successful in stopping it. If your teen has been pulled over for driving and texting, it is important for them to understand their options. Contact Driving Defense Law today by calling (757) 929-0335 and learn how our skilled traffic attorneys can assist you and your teenager.

Recent Dismissals & Reductions by Attorney Steven Thomas

Attorney Steven Thomas recently secured the following successful case results for our clients:
    1. Suffolk Aiding & Abetting Racing in early-June DISMISSED
    2. Suffolk Reckless Driving 75/45 in early-June DISMISSED
    3. Norfolk Reckless Driving 114/65 in mid-June JAIL TIME AVOIDED
    4. Virginia Beach Reckless Driving (Improper Brakes/Control) in mid-June DISMISSED
    5. Newport News Reckless Driving 111/60 in late-June DISMISSED
    6. Northampton County Reckless Driving 68/45 in late-June DISMISSED
    7. Suffolk Reckless Driving 58/35 in mid-July DISMISSED
    8. Currituck, NC Reckless Driving 73/55, REDUCED to Improper Equipment
    9. Virginia Beach Speeding in School Zone & Operating Vehicle with Phone in late-August, DISMISSED
    10. Chesapeake Reckless Driving 97/60 in early-September REDUCED to Improper Driving
Here are two recent reviews from Steven’s clients:
“I had my first speeding ticket in my 15 years of driving recently. Steven was very informative and helpful. I was very scared going into the court room and he put me at ease. He made the process so much easier. My reckless driving was brought down to a regular speeding ticket. I highly recommend!!”
“Best driving defense law firm in Virginia and I highly recommend them. I had a ticket for reckless driving and I randomly found them online. They talked me through all the process, guided me to what i needed to do. My ticket was reduced to improper driving and I ended up paying only the court fee. Steven was amazing and they definitely have knowledge of the law. Trust all their reviews.”
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!

Is It Illegal To Drive Barefoot?

Is It Illegal To Drive Barefoot?

After a tiring day of wearing heels or dress shoes, a driver may be tempted to slide off their footwear and drive home barefoot. Traffic attorneys often hear the question: Is it illegal to drive barefoot? For the answer to this and other questions regarding Virginia traffic laws, call Driving Defense Law at (757) 929-0335 to schedule a consultation. 

In Which States Is Driving Barefoot Illegal?

Is it illegal to drive barefoot? While there are no laws against the practice, it may not be entirely safe. Every state has regulations in place to ensure the safety of drivers, passengers, and pedestrians on the road. Along with the other 49 states, Virginia does not have traffic laws specifically prohibiting barefoot driving. Still, it is essential to remember that driving without footwear can increase the risk of accidents.

Some believe that driving barefoot is more dangerous than driving with shoes. While a driver may not receive a ticket exclusively for driving barefoot, a citation could be issued if an accident occurs. While there is no law against barefoot driving, negligence laws come into play if an accident occurs due to a driver failing to exercise reasonable care. If a driver’s decision to drive barefoot leads to an accident, they could be found at fault for the collision under the Code of Virginia Code of Virginia § 8.01-34.

Will Driving Barefoot Affect Your Insurance Policy?

Many drivers may be concerned about being held legally responsible for something. Importantly, however, even activities that might not be illegal could affect an insurance claim. Some activities like eating or drinking while driving are legally permitted, but they can still be distracting and potentially lead to an accident. In some situations, the appearance of inattention could lead to an insurance company denying a claim, especially if the driver has been deemed at fault for the accident. Insurance companies have significant incentives to avoid paying out for a claim, and contending that a driver was not behaving responsibly while at the wheel can provide just such an opportunity. 

Why Driving Barefoot Is Not Recommended

Many activities that are not illegal may nonetheless be ill-advised. Driving barefoot is not recommended for several reasons:

Lack of Traction

Driving barefoot can reduce traction, as the driver’s feet directly interact with the pedals. This effect may be heightened in wet or slippery conditions, and can make it difficult to maintain vehicle control. Without the proper footwear while driving, you may be unable to apply the right amount of force on the brake pedal. Uncertain or uneven contact with the pedal can cause delayed or less effective braking, leading to accidents or collisions.

Increased Risk of Injury

Going barefoot in the car could increase the chances of experiencing a foot injury during an accident. Shoes can protect the feet from becoming injured from debris or sharp items on the floor. 

Limited Sensation

Shoes may provide an additional layer of cushioning when driving. However, it could be more challenging for someone to manage their driving motions without shoes. Even though driving barefoot may not be against the law, it can cause distractions. The vibrations, texture, and temperature of the pedals may cause the driver to lose focus on the road. 

Although it may not be against the law to drive barefoot in Virginia, wearing shoes while driving is a recommended practice for improving the driver’s personal safety and control of the vehicle. Closed-toe shoes with good traction and support are ideal for safe driving, as they offer the necessary grip, protection, and proprioceptive feedback to guarantee a secure driving experience. A knowledgeable Virginia traffic law lawyer at Defensive Driving Law may be able to give you more tips for safe driving practices. 

Driving With Various Types of Footwear

What about driving in sandals, heels, and socks? While in casual conversation the term “shoe” may be applied to any footwear that places a barrier between the sole of the foot and the ground during walking, in many formal contexts “shoe” traditionally means an item with a rigid sole and an upper that completely covers the foot. In determining the safest options for what to wear at the wheel, drivers need to consider not only whether to wear shoes, but which shoes to wear. 

Flip-Flops and Open-Toe Sandals

Many safety experts agree that sandals (or flip-flops) can lead to accidents on the road. This type of footwear does not secure the foot in the same way as a traditional closed-toe shoe. Flip-flops or thong-style sandals can easily slip off the foot and may get stuck under the gas or brake pedal, preventing the driver from fully controlling or maneuvering the vehicle. Once again, if a car accident occurred while the driver found to be at fault was wearing flip-flops, that individual may be accused of careless driving.

High Heels

High heels could be considered another type of hazardous footwear. Virginia has no law prohibiting them while behind the wheel, but they are not the safest option. Heels can prevent the drivers from making contact with the vehicle’s floor, and may make it difficult for the driver to position their foot at the correct angle to operate the pedals. In a situation that requires a sudden stop, the driver could miss the intended pedal, or make contact with the incorrect one. In addition, high heels often have slippery soles that may not provide a sufficient amount of grip.

Socks

Like driving barefoot, driving in socks is not illegal. Also like driving barefoot, driving in socks and causing an accident may lead to consequences. Some safety experts suggest that driving in socks could be more hazardous than barefoot driving. Socks can hold moisture, leading to a poor grip on the pedal. As a result, if an accident occurs, the driver could be liable for any damages or injuries.

What Happens if an Accident Occurred While Driving Barefoot

As in any accident, the driver must seek medical help and contact the proper authorities. Leaving the scene of an accident could result in criminal charges, pursuant to the Code of Virginia Chapter 8 § 46.2-894. Drivers are also advised to obtain all the relevant information, such as witness statements and accident reports. A driver who was barefoot should never admit fault at the accident scene. When that happens, it may have implications for the direction of the case. 

Contact a Car Accident Lawyer in Virginia

Is it illegal to drive barefoot in Virginia? The simple answer is no, but barefoot driving can nonetheless lead to serious consequences under the right circumstances. Causing an accident while driving barefoot could mean facing accusations of careless driving and leave the barefoot driver vulnerable to costly lawsuits. In addition, insurance companies may refuse to settle a claim if the driver was barefoot behind the wheel. Wearing the correct type of footwear can help to prevent these hassles down the road. If you have been involved in an accident while driving barefoot, contact the Virginia accident lawyers at Driving Defense Law at (757) 929-0335 or visit our website to schedule a consultation.

5 Safety Tips For Driving On Wet Roads

You may believe that speeding is only driving faster than the posted speed limit. However, drivers can also be cited for driving too fast for the traffic or road conditions at the time. If you are pulled over for speeding while driving on wet roads, you could be ticketed for reckless driving. How do you drive safely on wet roads? These five simple safety tips can help you avoid wet driving dangers and a reckless driving charge. If you have already been ticketed for reckless driving or are facing other charges as a result of driving in or after the rain, Driving Defense Law may be able to help. Set up a free case evaluation with one of our Virginia traffic law attorneys by calling (757) 929-0335 today. 

What Is Driving Too Fast for Traffic and Road Conditions?

Code of Virginia § 46.2-861 states that drivers can be guilty of reckless driving if they exceed “a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.” Because the language of the law is in this case broad, what is considered a reasonable or unreasonable speed is to some extent up to the discretion of the officer who pulls the driver over. 

When Can You Be Charged with Reckless Driving for Driving Too Fast for Road Conditions? 

A driver can be charged with reckless driving when an officer determines that the driver is driving too fast for the road or traffic conditions that currently exist. They may charge the driver with reckless driving when: 

  • An accident occurs as a result of driving too fast
  • Traffic is slowed due to an accident, and the driver has failed to adequately adjust their speed
  • The speeding incident occurs in a road construction zone
  • The driver takes a curve at an unsafe speed
  • The driver is driving at speeds unsafe given the type of road surface, especially on gravel
  • Other emergency conditions exist

The officer may also charge the driver with reckless driving in weather conditions that reduce sight distance or decrease tire traction or braking efficiency, such as fog, snow, ice, sleet, or rain. 

What Are Two Wet Driving Dangers Associated With Reckless Driving?

Many drivers mistakenly believe that driving on a wet road is no different than driving on a dry one. The water makes a huge difference, though. Two wet driving dangers that can occur if a driver is driving on wet roads at a high speed are: 

  • Hydroplaning: A layer of water gets between the vehicle’s tires and the road, causing the driver to lose steering and braking control. This often occurs in the first few minutes of driving, but can occur any time there is water on the road. 
  • Water in the brakes: If water gets into the vehicle’s brakes, it can reduce or eliminate their ability to stop the vehicle. Water may easily get into the brakes when driving through a puddle, especially if it the water is deeper than the driver expected. 

What Are the Penalties for Driving Too Fast for Traffic and Road Conditions?

Reckless driving is a Class 1 misdemeanor. As such, it carries significant penalties. If you are facing a reckless driving charge, Driving Defense Law may be able to assist you.

If convicted, the penalties for reckless driving may include: 

  • Jail sentence of one year
  • Up to $2,500 fine
  • Possible license suspension for 10 days to six months
  • Six demerit points on the driver’s license
  • Permanent criminal record
  • Increased vehicle insurance costs

Can I Get a Reckless Driving Charge Reduced to a Lesser Offense?

Depending on the circumstances surrounding the ticket, it may be possible to get the charge reduced or dismissed. Virginia Code § 46.2-869 states that if culpability is slight, the judge or prosecutor can charge the driver with improper driving instead of reckless driving. There are numerous factors that can affect getting these charges reduced, including having a previously clean driving record, showing the court that the infraction was a borderline case of speeding, taking a driving improvement course, and performing community service.

Tips for Safe Driving on Wet Roads

How do you drive safely on wet roads? Reducing speed is a good start, but there are additional steps you can take to ensure that you and the drivers around you are safe when driving on wet roads. 

Remember the 30-Minute Danger

Drivers may think the longer it rains, the more dangerous the roads become. While this may be true for hazards associated with water depth, the roadway surface is often its most dangerous in the first 30 minutes after rain begins. This danger is due to the oil on the roads mixing with the water and creating extremely slippery conditions. As the rain continues, the oil begins to be washed away, and the danger then becomes standing and rapidly rising water. 

Avoid Rapidly Rising Water

Rapidly rising water can sweep a vehicle away in an instant—and it only takes two feet of water to do it. Standing water and flooded streets may not look dangerous at first glance, but the water may be deeper than the driver realizes, especially if there are potholes that they cannot see. Additionally, flash flooding is unpredictable, and can turn a reservoir of standing water or a flooded street into rapidly rising water before the driver realizes what is happening. 

Keep Your Distance

Beginning with a driver’s first driver’s education class, drivers are taught to keep some distance between their vehicle and the vehicle in front of them. On dry roads, two to three seconds may be enough. When driving on wet roads, extend that time to allow yourself to have control of your vehicle. This allows extra time to stop or otherwise react to any unexpected events in front of you. 

Brake Cautiously

Many drivers brake late or hard. They know their vehicles and think they know exactly how long it takes to stop. When driving on wet roads, however, braking can be unpredictable. Braking too hard can cause the vehicle to skid, or even to hydroplane under the right conditions. Take the time to brake early and slowly. Remember that although it does not happen as often in newer vehicles, water can still get in the brakes and cause them to lose their stopping power.

Avoid Cruise Control

Many drivers who know they tend to speed rely on cruise control to avoid speeding. While this may be a good idea when the weather is sunny and dry, cruise control while driving on wet roads is a bad idea. Conditions change rapidly when the roads are wet, and cruise control does not allow the driver to have enough control to quickly slow down, much less stop. Instead, drivers should skip cruise control and keep a watchful eye on their speedometer to make sure they are driving reasonably for the weather.

Do You Need Assistance With a Ticket After Driving on Wet Roads?

Driving on wet roads can be dangerous. Even if you are being cautious, things can get out of your control before you realize it. If you have recently been ticketed for reckless driving or other charges related to driving in poor weather in the Chesapeake or Norfolk area, Driving Defense Law may be able to assist you. You may schedule a free case evaluation by calling (757) 929-0335 to discuss your legal options. 

Can You Refuse A Breathalyzer?

From the moment you are pulled over on suspicion of driving under the influence (DUI) of drugs or alcohol, the officer will be looking for indications that prove you are intoxicated. From the questions they ask to the tests they want you to take, anything can potentially be used as evidence that you were operating a motor vehicle while under the influence. What should you do if the officer asks you to take a breath test? Can you refuse a breathalyzer? Drivers should be aware of when they can refuse a sobriety test and what the consequences of such a refusal may be. If you are facing DUI charges or charges from refusing to take a sobriety test, the Virginia traffic law attorneys at Driving Defense Law may be able to help. You may schedule a free case evaluation by calling (757) 929-0335. 

Can You Refuse a Sobriety Test in Virginia?

There are two different types of sobriety tests in Virginia: field tests and chemical tests. Field tests are tests such as walking toe-to-heel in a straight line and turning or lifting one foot, and balancing on the other foot. Chemical tests sample your breath, blood, or urine to screen for intoxicating substances. A field test does not provide conclusive evidence that a driver is intoxicated, but failing one may be used to allow the officer to request a chemical test. A chemical test provides a quantitative amount of alcohol or drugs in the driver’s system at the time the breath, blood, or urine was provided and tested. 

Field sobriety tests are not mandatory, and drivers may refuse them without facing legal penalties. A preliminary breath test (PBT), done with a handheld device on the roadside, is also not mandatory and may be refused without legal penalties. However, refusal to participate in these tests may result in being arrested. After arrest, the driver will be taken to the police station where they will be asked to take a breathalyzer again. This breathalyzer at the station falls under Code of Virginia § 18.2-268.2, which specifies that the act of operating a motor vehicle constitutes implied consent to a test of breath or blood to screen for intoxication when administered at the police station within three hours of arrest for certain driving violations. Refusal to take this test may result in legal penalties, including a suspended license. Drivers should be aware that they can still be convicted of DUI without breathalyzer or blood test results. 

Should You Refuse a Breathalyzer in the United States?

While all 50 states have laws regarding DUI, the specific regulations vary by state. In some states, both field sobriety tests and chemical tests, such as a breathalyzer, fall under implied consent. In these states, a refusal to take any test can often in legal penalties. In other states, such as Virginia, field tests and a roadside breath test do not fall under implied consent, while a breathalyzer in the police station does fall under implied consent. 

Can you refuse a breathalyzer? Refusing a roadside PBT may result in arrest, but it also limits the evidence against the driver for DUI. Without the results of a PBT, which are often unreliable if the machine has not been calibrated properly or recently, there may be insufficient evidence to charge the driver with a DUI. However, Virginia’s implied consent law establishes that a person arrested for certain traffic violations may be “required” to take a breath or blood test at the police station. Attempting to refuse this test may result in legal penalties, even if the driver is not charged with DUI. In other words, you may refuse a field sobriety test and a PBT, but we strongly recommend that you do not refuse a breathalyzer at the police station after arrest. If you are facing DUI charges or charges resulting from refusing a sobriety test, Driving Defense Law may be able to assist you. 

What Happens if You Refuse a Breathalyzer?

If a driver refuses to take a breathalyzer at the police station, they violate the implied consent law. A driver’s first violation of the chemical test compliance requirement is considered a civil offense, and may result in a one-year license suspension with no possibility of getting a restricted license. This suspension is in addition to any license suspension the driver may face if also convicted of DUI. 

The second and any subsequent refusals are charged as Class 1 misdemeanors. As such, the second and subsequent refusals may each result in a three-year license suspension, a jail sentence, and a large fine. These penalties are in addition to any penalties the driver may face if they are convicted of DUI as well. 

Can You Refuse a Blood Test for DUI?

A blood test is another chemical test. As with a breathalyzer, the results of a blood test indicate the amount of alcohol or drugs in a driver’s system at the time the blood was drawn and tested. Also similar to a breathalyzer, blood tests fall under Virginia’s implied consent law. The blood test functions in some ways as a secondary option in cases where the breath test is for any reason unavailable, or in which the accused is not physically able to submit to the breath test. This means that refusing a blood test carries the same penalties as refusing the breathalyzer at the police station. 

Penalties for Commercial Drivers

Commercial drivers pose an important exception to the general rules of chemical testing and implied consent. Per the Virginia Department of Motor Vehicles (DMV), if a commercial driver refuses a breathalyzer or blood test, they face a one-year disqualification for the first offense and a lifetime disqualification for the second offense. Additionally, if the commercial driver refuses while transporting hazardous materials, they will receive a three-year disqualification for the first offense. This disqualification from driving commercial vehicles will apply even if the driver is convicted of DUI and given a restricted license that allows them to drive while their license is suspended. 

Have You Refused a Breathalyzer?

Can you refuse a breathalyzer? On the side of the road, you can. At the police station, you cannot. Should you refuse a breathalyzer on the side of the road? While it may decrease the evidence against you, a refusal may lead to arrest and a breathalyzer at the police station. Drivers should carefully consider all the potential consequences before deciding whether to refuse a breathalyzer on the side of the road or at the police station. If you have refused a breathalyzer and are now facing charges as a result, with or without being charged with DUI, Driving Defense Law may be able to help. If you are in the Chesapeake, Norfolk, Portsmouth, Suffolk, Hampton, Newport News or Virginia Beach areas, you may call (757) 929-0335 to schedule a free case evaluation to go over your legal options.

Is It Legal To Text At A Redlight? 

Multitasking has become a badge of honor in today’s society. Being able to accomplish multiple operations simultaneously indicates efficiency and productivity, qualities that are culturally valued. However, when it comes to driving, multitasking is generally considered a bad idea. A driver who wants to make a quick call to the office to let their assistant know they are running late, or send a short text asking their partner to pick up milk on the way home, may think the action is harmless and only takes a few seconds. While it may be true that the text only takes a few seconds to draft and send, drivers should also consider: Is it legal to text at a redlight? Is it legal to text or call at any point when you are driving in Virginia? If it is not legal, what will happen if a police officer catches you? If you have questions about using your phone while driving or have been ticketed for texting while driving in Virginia Beach, Suffolk, or the surrounding area, the experienced traffic law attorneys with Driving Defense Law may be able to help. Call (757) 929-0335 to schedule a free case evaluation and learn more about your legal options. 

Is Virginia a Hands-Free State?

On January 1, 2021, Virginia became a hands-free state. Pursuant to Virginia Code Section 46.2-818.2, it is now illegal for drivers to hold a personal communication device in their hand while operating a motor vehicle. There are exceptions to this law, including emergency vehicle operators while performing official duties, drivers who are reporting an emergency, and drivers who are lawfully parked or stopped. 

What this law means is that drivers may still use all the features of their smart phones as long as they can use them in a hands-free mode. If a law enforcement officer sees a driver violating the hands-free law, the violation is considered a primary offense, and the driver can be pulled over solely for the cell phone use. The first violation results in a $125 fine, while second and subsequent violations result in a $250 fine each. If a driver violates this law in a highway work zone, the infraction incurs a mandatory $250 fine. Points are also issued to the driver’s license. 

What Makes Using the Phone While Driving Dangerous?

The Virginia Department of Motor Vehicles (DMV) classifies phone usage as distracted driving. Distracted driving can cause a driver to miss critical cues, events, or objects while driving, any of which can lead to a loss of control and potentially a significant accident. The DMV outlines three types of distracted driving. Each of these can apply to using a cell phone while driving if the driver is not in hands-free mode: 

  • Visual: The driver’s eyes are not on the road and instead are on another object, such as the phone’s screen.
  • Manual: One or both of the driver’s hands are off the wheel, as when holding a phone. 
  • Cognitive: The driver’s brain is split between two cognitive tasks, such driving and talking on the phone. Cognitive distracted driving often involves prioritizing the non-driving activity, such as a the phone conversation; this differential distribution of attention can lead to severely impaired driving. 

Can You Talk and Drive in Virginia?

Any hands-free use of the phone is legal in Virginia. Therefore, drivers are free to talk on their phones while driving as long as they do so without holding the phone in their hand. Drivers may talk on the phone or use voice commands to instruct the phone to perform actions (such as opening their GPS application and looking up an address). 

Any cell phone activity that requires the driver to hold their phone, or to use their hands to access or use the application, is a violation of Virginia law. Examples of these activities could include playing games or taking a photo or video. If you have been ticketed for using your cell phone, Driving Defense Law may be able to help you. 

Is It OK To Text at a Redlight?

Virginia’s law is rather broad, which leaves a lot open to interpretation. Is it legal to text at a redlight? Technically, a driver is lawfully stopped when at a redlight. By this interpretation, texting at a redlight would be acceptable. However, because the vehicle is still on the road, in traffic, with the driver’s foot on the brake, an argument can also be made that they are still driving. By that interpretation, texting at a redlight would be a violation of the law. 

Because of the broadness of the law and the ways in which it can be interpreted, it would be up to the discretion of the officer who sees a driver texting at a redlight whether to ticket the driver. In general, traffic attorneys recommend erring on the side of caution and not texting at a redlight. To ensure full compliance with the law, drivers should safely pull to the side of the road or into a parking lot before texting.

Can a Driver Drive With One Earbud in Their Ear in Virginia?

Drivers may be tempted to use earbuds, wraparounds, or headphones to carry on a phone conversation hands-free. Virginia Code Section 46.2-1078 states that it is illegal to use anything on or in both ears while operating a motor vehicle. The law does not state that drivers cannot use an earbud or other listening device in just one ear, so technically, it is legal to drive with a single earbud in the driver’s ear in Virginia. 

Driving with one ear blocked by an earbud is hazardous, however. The earbud blocks the driver’s ability to hear traffic and other sounds around them that they need to hear so they know what is happening and where it is happening. Therefore, as a best practice it is recommended that drivers not drive with an earbud in one ear. Instead, drivers may want to use the speakerphone option on their phones or use Bluetooth to connect their phone to their car.

Have You Been Ticketed for Texting at a Redlight?

Is it legal to text at a redlight? There is no certain answer to that question because the law is currently ambiguous. This is why drivers ticketed for texting at a redlight may want to consider contesting the ticket. While there are no guarantees that you will get the ticket dismissed, it may be worth the effort to try. Consider scheduling a free case evaluation with the knowledgeable traffic law attorneys with Driving Defense Law at (757) 929-0335.

Why Ignoring A Traffic Ticket Can Have Serious Consequences

When you receive a traffic ticket, you have two options available to you: admit guilt and pay the fines or bring the matter to court and fight the infraction before a judge. If you do not pay the traffic ticket, you could face numerous consequences that can impact your financial security, your life, and your freedom. Ignoring traffic tickets in Virginia is a serious matter and should not be taken lightly. 

Before you choose to ignore your ticket, seek legal assistance from an experienced attorney at Driving Defense Law. Our team has the knowledge necessary to navigate your case and successfully reduce your charges. To learn more about how we can defend your rights and minimize the consequences of your traffic violation, consider connecting with us today at (757) 929-0335.

What Are the Consequences of Ignoring Traffic Tickets in Virginia?

There are a variety of reasons why a traffic ticket may go ignored. Perhaps you believe the ticket you received was not justified and feel that ignoring it will make it go away. Maybe you do not have the extra money to pay the fines associated with the ticket and want to wait until you are in a better financial position. In other cases, you may simply forget about the traffic ticket, leading you to accidentally ignore it altogether. 

Regardless of the reason, ignoring traffic tickets can have serious consequences. This is true of out-of-state tickets as well, although it is a common traffic ticket myth that you do not need to take action after receiving a ticket in another state. The following are three of the most noteworthy consequences that you may face if you ignore a traffic ticket in the state of Virginia. 

Increased Fines for the Traffic Ticket

Traffic violations are a major source of revenue for city and state governments. Ignoring a ticket or making a late payment on a ticket can trigger additional costs. The amount that a person must pay after initially ignoring a ticket can vary depending on the type of traffic violation that they incurred.

 Most traffic citations include instructions for how to pay the ticket and a contact number for additional details or questions. If you communicate in advance about your inability to pay the ticket you may have other options for recourse, such as a payment plan. Failure to communicate is akin to ignoring the ticket, causing fines to increase greatly over time. 

Your Account Will Go to Collections

If you do not agree upon a payment plan with the court or pay the fines for your traffic ticket within 90 days of your court date, your account will be sent to collections. Collections agencies are third party companies that are responsible for collecting overdue debts. They will relentlessly attempt to contact you until your traffic ticket debt is paid. Unfortunately, there are numerous consequences of your ticket going to collections, including: 

  • Lowering your credit score. Your payment history makes up a substantial portion of your credit score, so having your account in collections can have a long-lasting harmful effect on your credit report. 
  • Making it difficult to take out loans and credit cards. Creditors will look at your credit report to assess your financial habits and determine if you are fit to take out a new line of credit. Having an account in collections demonstrates that you may not be reliable to pay back debts on time. 
  • Being sued. If you fail to pay back your debt altogether, you can be sued by the debt collector. 

Ignoring traffic tickets can have resounding impacts far beyond what you can imagine. If you ignore your ticket for long enough, your financial wellbeing can suffer immensely. This further underscores the importance of seeking legal assistance before choosing to ignore your ticket. An experienced traffic ticket defense attorney at Driving Defense Law will help you navigate your options to avoid the long-term consequences of ignoring your ticket. 

A Judge May Issue a Warrant for Your Arrest

On all Virginia traffic tickets, there is a small checkbox next to a sentence that states: 

  • “You may avoid coming to court only if this block is checked and all instructions on the defendant’s copy are followed.”

If this box is checked by the police officer, you have the option of paying your ticket ahead of time and avoiding a court hearing. It should be noted that in doing so, you are essentially admitting guilt and agreeing to accrue points on your license. If this box is left empty, however, you are legally required to attend the court hearing. 

Typically, this indicates that you have been charged with a criminal misdemeanor rather than a minor traffic offense. Ignoring traffic tickets for misdemeanor offenses can have implications far behind mere fines and the other hidden costs of traffic tickets such as increased insurance rates and reduced employment opportunities. Indeed, failing to acknowledge these tickets can have a considerable impact on your life and future. 

If you do not attend your court hearing for a misdemeanor charge, you may face jail time. In traffic infraction cases, the judge will likely try you in your absence and issue a fine. In misdemeanor cases, however, the judge will not do this. Instead, you will be charged with “failure to appear,” which is a separate misdemeanor charge in Virginia. Then, the judge will likely issue a warrant for your arrest, which authorizes the police to take you into custody at any time. 

Considering Ignoring Your Traffic Ticket? Contact an Experienced Attorney at Driving Defense Law Instead

Traffic tickets can be frustrating and inconvenient. While it may be tempting to ignore the ticket, doing so can have serious consequences on your life, your financial well-being, and your future. If you are considering ignoring a traffic ticket in Virginia, consider scheduling a free case evaluation with our team instead. 

At Driving Defense Law, we are dedicated to protecting our clients’ rights and minimizing the negative impact of their ticket using proven traffic ticket defense strategies. We will zealously advocate for your interests, working diligently to ensure that your charges are reduced or dismissed altogether. To learn more, consider calling or texting us at (757) 929-0335 today. 

The Role Of A Traffic Ticket Defense Attorney: What To Expect

Navigating the roadways of Virginia is not without its frustrations. Slow-moving traffic or a never-ending string of red lights can inadvertently cause you to violate a traffic law. While minor offenses may not require legal representation, a traffic ticket defense attorney’s role is to minimize the consequences of more serious violations and help you avoid the hidden costs of traffic tickets. At Driving Defense Law, we will fight for your rights until your offense is reduced or dismissed altogether. To learn more about how we can help, consider contacting our team at (757) 929-0335 today. 

What Does a Traffic Ticket Defense Attorney Do?

Traffic ticket defense attorneys defend individuals who are facing charges for a traffic violation. While some traffic infractions are minor, amounting to no more than a mere inconvenience, other offenses are more serious. Certain traffic offenses can result in long-lasting and serious consequences. These consequences can be further compounded by other costs such as increased insurance premiums, suspension of your license, and loss of employment opportunities. 

Having a traffic ticket defense lawyer in your corner can be a major advantage when navigating traffic-related infractions and charges. Your attorney can help you understand your options and mitigate the long-term implications of your traffic ticket. They will work with you to craft a traffic ticket defense strategy to successfully resolve your case. Depending on the circumstances of your case, hiring a traffic ticket defense attorney can be one of the most important investments you make into your future. 

When Might You Need a Traffic Ticket Defense Attorney?

A traffic ticket defense attorney’s role will vary from case to case, depending on your unique circumstances, needs, and goals. An effective attorney can attend traffic court in your place and represent you without you being physically present. They can provide informed legal advice and negotiate on your behalf to reduce your charges or have your ticket dismissed altogether. Finally, if your case goes to trial, your attorney will employ proven legal strategies to defend your rights.

Situations When Hiring an Attorney May Be Essential

While hiring a traffic ticket defense attorney can be highly beneficial in many cases, in other situations it is essential. The circumstances of certain drivers make the consequences of traffic offense conviction quite severe. Drivers in the following positions may want to seriously consider hiring an attorney to help with their case.

Commercial Driver’s License Holders

There are certain circumstances in which hiring a traffic ticket defense attorney is critical. If you hold a Commercial Driver’s License (CDL), for instance, you are subject to stricter rules than those with a regular license. Traffic violations can have a serious impact on your job and affect your ability to be hired in other driving-related positions. With so much at stake, hiring legal counsel can be essential.  

Individuals with Multiple Traffic Offenses

Receiving multiple traffic tickets over a period of time can lead to your license being suspended. For drivers in this position, beating a traffic ticket can be imperative to their ability to drive and move freely around their community. A traffic ticket defense attorney’s role is to improve your chances of winning in traffic court, which can make all the difference in the outcome of your case.

What Are the Benefits of Hiring a Traffic Ticket Attorney? 

According to the Code of Virginia § 19.2-157, court-appointed attorneys are only available in cases where the defendant is facing the possibility of jail time. Based on this law, if you are facing a regular traffic violation, you are required to hire your own traffic ticket attorney. If you do not hire legal counsel, you will be tasked with representing yourself in court, which can be risky. If you are not acutely aware of your rights and do not have a close knowledge of Virginia law, you may be left vulnerable. The following are some of the most important benefits of hiring a traffic ticket attorney to represent your case. 

They Know the Most Effective Legal Defenses

Experienced defense attorneys know the most successful legal defenses for speeding ticket violations, reckless driving charges, DUIs, and more. Many people fall into legal trouble because they mistakenly believe that their ticket will be dropped or assume they can properly represent their interests in court. Among the most effective defenses that we employ for our clients at Driving Defense Law include: 

  • Lack of sufficient evidence
  • Demonstrating that a necessary element of the traffic offense is missing
  • Proof of equipment malfunction 
  • Proving that your conduct was a legitimate mistake of fact or that your actions were necessary to avoid serious harm

Successfully employing these legal defenses, however, requires a tailored strategy depending on the circumstances of your case and a detailed knowledge of Virginia law. Your traffic ticket defense attorney’s role is to review your case and build a personalized defense to successfully resolve your infraction or charge.

Your Attorney Can Save You Money

One of the most common reasons individuals avoid hiring an attorney is that they believe it is too expensive to do so. In Virginia, you accumulate points on your license for traffic violations. The more points you have on your license, the more costly the fines will become when you are charged. The same happens when you ignore a traffic ticket to avoid the financial penalties.  

Your attorney can help you navigate these charges, avoid paying hefty fines, and reduce the likelihood of your license being suspended. In this way, by hiring an experienced attorney, you are able to reduce your overall costs and save money in the long run. 

Access to Necessary Resources

When you hire a Driving Defense Law attorney, you are investing in the wealth of resources that we offer to our clients. Our attorneys are well-connected in the Virginia court system and communities across the state, allowing us to provide comprehensive client resources to help with your case. Among these resources are: 

  • Driver’s Safety School
  • Speedometer Calibration 
  • Community Service Opportunities
  • Local Court Information

We believe that a major facet of a traffic ticket defense attorney’s role is to provide clients with reliable information and accessible resources to help them understand their options. 

How Can an Experienced Attorney at Driving Defense Law Help?

At Driving Defense Law, our traffic ticket defense attorneys’ role is to prioritize the rights of the individuals we represent. Through our client-centered approach, we are able to more effectively craft a personalized legal defense to resolve their case as quickly and efficiently as possible. Consider scheduling your free consultation at (757) 929-0335 today to learn more about how we can fight for your rights and mitigate the consequences of your traffic ticket. 

The Hidden Cost Of Traffic Tickets: More Than Just Fines

While the majority of people are familiar with the concept of traffic tickets, and likely know someone who has received at least a speeding violation at some point in their lives, many people do not understand the full implications of these violations. At Driving Defense Law, we want our clients to understand the hidden costs of traffic tickets and make educated decisions regarding their future. 

When you work with us, you can expect a personalized plan for your traffic case to avoid the long-term consequences of receiving a traffic ticket. Through our comprehensive traffic ticket defense approach, we have been able to have these tickets dismissed for countless Virginia drivers. To learn more about how we can help, consider scheduling a free consultation with us by calling or texting Driving Defense Law at (757) 929-0335 today. 

How Much Do Speeding Tickets Cost?

Virginia was ranked the second-highest state for speeding tickets in the country, with 15.76% of drivers having a speeding ticket on record. This is a whooping 34% higher than the national average, indicating that excessive speed is a major problem on Virginia roadways. On average, Virginia speeding tickets cost between $250 and $450, including taxes and other fees. The costs can be even higher if a person is caught driving at extremely high speeds, which may be met with a charge for reckless driving rather than excessive speed. 

While the financial costs of speeding tickets in Virginia are substantial, there are numerous other hidden costs that can impact a person’s life. The following are six of the most notable hidden traffic ticket costs that you should be aware of when navigating your speeding violation.

Increased Insurance Costs

It is not a myth that insurance rates increase after receiving a traffic ticket. Your insurance rate is influenced by a number of factors, including state requirements, vehicle make and model, and your driving history. 

According to a Forbes advisor analysis, the national car insurance rate increase for drivers who receive a speeding ticket is 24%, but this increase can reach up to 45% in some situations. This increased rate can follow you around for years. This is especially true in Virginia, where a speeding ticket will remain on your driving record for a minimum of two years. Depending on the seriousness of the traffic infraction, however, a speeding conviction can stay on your record for up to 11 years. 

To put this into perspective, let us assume that your current insurance premium is $1,200 per year. At a humble 30% increase after a speeding ticket, your annual rates will jump to $1,560 per year – an additional $360 per year. That would translate to an extra $720 over the two years it takes before your premium returns to its pre-speeding ticket rate. The long-term costs of increased insurance rates can greatly exceed the actual fines associated with the speeding ticket. 

Paying Court Costs

Traffic ticket costs include much more than the actual fine for the violation. It is important to understand the distinction between fines and court costs, as these costs can quickly compound. Rule 3B:2 of the Rules of the Supreme Court of Virginia sets forth the requirements for court costs depending on the nature of the speeding violation. In certain circumstances, the courts are given permission to increase the costs to account for administrative expenses. Generally, you can expect court costs of $51, depending on the jurisdiction of the speeding violation. 

Attending Driving School

In some situations, voluntarily opting to attend traffic school may be the ideal option to reduce long-term costs. If you plan to work in driving-related jobs in the future, you may benefit from having the speeding violation expunged from your record. As an additional benefit, attending driving school may prevent an increase in your insurance premium. While the price of attending driving school varies, you can expect to pay several hundred dollars to complete the entire course. 

Taking Time Off Work

Depending on the unique circumstances of your case, you may be required to attend traffic school or complete community service as a component of your sentence. Completing these tasks is mandatory, and the court will not account for your work schedule when assigning these duties. This means that you will likely be required to take time off work to attend traffic school or complete community service, thereby resulting in a loss of income. 

Increased Life Insurance Premiums

The majority of drivers are not aware that speeding violations can impact their life insurance policy, but certain life insurance providers will regard speeding tickets in the same way that auto insurance companies do. Most of the time, a reckless driving charge is required for life insurance companies to increase their premiums, but a consistent record of speeding violations is enough to solicit action from your provider. Your life insurance provider may view you as a riskier person to insure and increase your premium to mitigate their risk. 

Losing Employment Opportunities

It is possible that receiving a traffic ticket can impact your ability to secure employment in the future. In rare cases, it can even cause you to lose your current job. If you hold a Commercial Driver’s License or work as a rideshare driver, for example, you may be terminated due to mere speeding violations. Likewise, if you are applying for jobs with multiple traffic violations on your record, this may be sufficient to prevent the employer from hiring you. While these situations are somewhat rare, they should be taken into consideration when assessing the hidden costs of traffic tickets. 

Defending Your Rights with Driving Defense Law

If you received a traffic ticket, it is important to act quickly and take steps to mitigate the fallout of your violation. Above all, do not ignore your traffic ticket or attempt to represent yourself in court. Doing so can have serious consequences including costly fines, increased insurance rates, and even jail time. 

At Driving Defense Law, the role of our traffic ticket defense attorneys is to defend the rights of our clients. Above all, we work tirelessly to mitigate the hidden costs of traffic tickets and successfully avoid the long-term expenses associated with traffic violations in the state. To begin strategizing your case, consider scheduling a free consultation with our team at (757) 929-0335 today.

5 Common Myths About Traffic Tickets Debunked

You may think you know the rules of the road, but misconceptions can – and do – spread like wildfire. These misconceptions can range from innocent tricks on how to get out of speeding violations to costly misbeliefs about how traffic tickets should be handled. After spending years navigating the ins and outs of the Virginia court system, we have heard all of the misconceptions, mix-ups, and myths related to traffic tickets. Now, it is time to settle these traffic ticket myths once and for all. 

At Driving Defense Law, we provide support and guidance to individuals facing traffic tickets in courts throughout Virginia. Above all, our goal is to zealously defend our clients’ rights to minimize the long-term costs of their traffic violations. Through our work, we have collectively saved thousands for our community. To learn more about how we can help, consider scheduling your free consultation with our team at (757) 929-0335 today. 

Myth #1 – Your Ticket Will Be Dropped If the Police Officer Does Not Show Up for Court

This is one of the most prolific myths that we hear, largely because the truth of the matter is highly complicated. The strategy here is simple: you contest the ticket, appear in court, and hope that the officer is too busy to show up to the hearing. Since the officer fails to appeal at your hearing, you cannot be proven guilty, and your ticket is dropped. 

This is far from the truth, however. In Virginia, the majority of the courts provide officers with one day per month when all their cases will be handled. This is to reduce the likelihood that the police officer will miss the hearing. Nonetheless, absences are sometimes unavoidable. The officer may have a work emergency, training, or be too sick to attend the court hearing. In such situations, the court will typically reschedule the hearing for the next month. 

Myth #2 – Simply Claiming Radar Inaccuracy Is an Effective Defense for a Traffic Ticket

Yes, radar guns and other devices may fail, but gambling on this possibility without definitive evidence is not wise. One of the more unfortunate traffic ticket myths is that radar inaccuracy is an easy defense for traffic violations. Attempting to use this as your defense without the help of an attorney will put you in an uphill battle that will typically culminate in a judge requesting definitive evidence that the radar was inaccurate. Merely stating that the radar was incorrect is not sufficient, and your word against the radar gun’s does not hold much value in court.

Your traffic ticket defense attorney at Driving Defense Law will craft a much stronger strategy for your case that does not rely on dubious claims. Above all, the role of your traffic ticket defense attorney is to review your case, compile evidence, and present your claims in court to ensure that your traffic ticket is reduced or dismissed altogether. With the help of your attorney, this defense can be legitimized and highly effective. 

Myth #3 – You Can Simply Ignore Traffic Tickets That You Receive in Other States

If you have ever received a traffic ticket in another state, you understand how poor this advice truly is. The majority of the time (88% of the time, to be exact), ignoring a traffic ticket from another state can lead to serious legal consequences. Forty-four states, including Virginia, belong to the Driver License Compact. Member states share ticket information with each other, and even the states that do not belong to the Compact have some sort of system to share information. 

If you receive a traffic ticket in North Carolina, for instance, the Virginia courts will definitely learn about it and the points will be recorded on your license. Considering the implications of ignoring a ticket, it is recommended that you fight any ticket that you receive out-of-state, regardless of how inconvenient it is to do so. An effective defense can also help to avoid the hidden costs of traffic tickets that may arise.  

Myth #4 – Matching the Flow of Traffic or Passing Are Valid Reasons for Speeding

Unfortunately, the excuse of “well, everyone was doing it!” does not justify speeding. While it is true that driving too slowly can be a hazard on the roadways, going far above the speed limit to keep up with the flow of traffic is not permitted. Under the law, speeding is never allowed, not even for a brief moment to pass a slower driver. This means that if the speed limit is 65, the moment your speedometer reaches 66, you are liable for a traffic violation. 

In fact, while we are discussing this specific traffic ticket myth, it is important to note that providing an excuse for your speed is not recommended. In doing so, you are implicating yourself by admitting that you were violating traffic laws. Of course, you can talk with the police officer, but avoid admitting guilt whenever possible. The statements you make can harm your defense down the line. 

Myth #5 – It Is Possible to Keep a Traffic Ticket Off Your Record by Overpaying

It is difficult to pinpoint where this misconception came from, but it is certainly one of the more foolish traffic ticket myths that we have heard. The idea is that you will receive a traffic ticket, pay the fine via mail, but include a few dollars more than requested in the ticket. Apparently, if you do not receive a refund for the additional amount, the ticket will never be processed and therefore will not appear on your driving record. Unfortunately, this loophole does not exist, and the ticket will undoubtedly still be recorded. 

Avoid Falling Victim to Common Traffic Ticket Myths with the Help of Driving Defense Law

When we are eager to avoid a traffic violation, we are likely to believe all the traffic ticket myths and urban legends offered to us. At Driving Defense Law, we prefer to stick to the facts and craft our legal defense using strategies that work. In doing so, we have been able to successfully resolve even the most complex cases for our clients. To learn more about how our team of experienced and knowledgeable attorneys can help, consider connecting with us at (757) 929-0335 today.