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The Virginia Department of Motor Vehicles (DMV) uses a demerit point system to rate drivers. You receive negative points for bad driving behavior and positive points for good driving behavior. Each time you commit a traffic offense, the DMV adds demerit points to your record...and these demerit points really add up. Different violations carry different point assignments, depending on the seriousness of the offense. For example, you will receive 3 demerit points if you make an improper U-turn; however, you will receive 6 demerit points if you speed 20 miles per hour or more above the posted speed limit.
Penalties for traffic violations increase as your DMV demerit points accumulate. For example, if two drivers both plead guilty to Reckless Driving (6 demerit points that stays on your record for 11 years), the judge will review their driving records before pronouncing judgment. Let's say Driver "A" has an excellent driving record and Driver "B" has a terrible driving record. The judge may decide to reduce Driver "A"'s charge to "Improper Driving" (a 3 point violation that stays on your record for 3 years) with a $100 fine, while the judge may decide to sentence Driver "B" to jail, a suspension of his driver's license, and a $2,500.00 fine.
The point of this example is that, even if you are charged with a minor traffic offense, it is important to retain an experienced attorney in order to attempt to avoid the accumulation of demerit points on your record. It will not only help you today with your insurance premiums and your general driving record, but it will also help you in future should you ever find yourself charged with a more serious traffic offense. So before you pay the fine, please contact our office and speak with an attorney who can give you guidance on your available options.
Penalties for traffic violations increase as your DMV demerit points accumulate. For example, if two drivers both plead guilty to Reckless Driving (6 demerit points that stays on your record for 11 years), the judge will review their driving records before pronouncing judgment. Let's say Driver "A" has an excellent driving record and Driver "B" has a terrible driving record. The judge may decide to reduce Driver "A"'s charge to "Improper Driving" (a 3 point violation that stays on your record for 3 years) with a $100 fine, while the judge may decide to sentence Driver "B" to jail, a suspension of his driver's license, and a $2,500.00 fine.
The point of this example is that, even if you are charged with a minor traffic offense, it is important to retain an experienced attorney in order to attempt to avoid the accumulation of demerit points on your record. It will not only help you today with your insurance premiums and your general driving record, but it will also help you in future should you ever find yourself charged with a more serious traffic offense. So before you pay the fine, please contact our office and speak with an attorney who can give you guidance on your available options.
Reckless DrivingReckless Driving is a Class 1 Misdemeanor, which is classified as a criminal offense that is punishable by up to 12 months in jail and a $2,500.00 fine. What surprises most people is that, in Virginia, Reckless Driving is in the same criminal class of offenses as a DUI / DWI, Possession with Intent to Distribute Marijuana (1/2 ounce or less), Petit Larceny (Shoplifting), Trespass, Assault & Battery, and even Prostitution! The consequences of a Reckless Driving conviction may include:
So what is Reckless Driving? A variety of moving violations can constitute "Reckless Driving" in Virginia. Generally speaking, any one of the following can be grounds for charging you with Reckless Driving:
As a general rule of thumb, if you are ticketed for driving 90 mph or faster, every mile per hour typically will equal a day in jail. For example, 96 mph equals six days in jail over and above any other penalties. However, based on the nature of your charges, our attorneys will raise defenses including: issues related to the calibration of the radar speed gun, the paperwork associated with the officer's calibration, and technical defenses related to the angle and direction of the police officer's radar/LIDAR (Light Detection And Ranging) device. We can also explore the possibility of alternative sentencing options such as traffic school. If you have received a Reckless Driving ticket, we encourage you to schedule a free consultation with a lawyer at our northern Virginia office by contacting us by phone at 703-542-4500 or online. |
Driving Without a LicenseDriving Without a License
If no licensed was ever issued and you are convicted for "Driving Without a License" as a first-time offender, you may be punished by up to 6 months in jail and a $1,000.00 fine. Second or subsequent violations of "Driving Without a License" may be punished by up to 12 months in jail and a $2,500.00 fine. Unfortunately, many of our clients who are charged with "Driving Without a License" do not have proper legal status in the United States and cannot get a driver's license in Virginia. Consequently, the penalties associated with "Driving Without a License" are far more severe for this group. For undocumented immigrants, the possibility of jail time brings with it a significant chance of being brought face-to-face with Immigration and Customs Enforcement ("ICE") Agents who may ultimately attempt to initiate deportation or removal proceedings. It is important to contact us immediately so that we can begin to review your file and determine if there are potential defenses we can raise which can reduce, or possibly dismiss, the charges pending against you. Driving on a Suspended LicenseMore common is the client who continues driving after their license to operate a motor vehicle has been suspended for failure to pay fines, accumulating too many demerit points, or for other reasons. In order to be found guilty of "Driving on a Suspended License", the Commonwealth must prove beyond a reasonable doubt that: (1) you were driving the motor vehicle; (2) the driver's license was suspended or revoked; and (3) you knew that your license had been suspended or revoked. The third element, knowledge that your license had been suspended, is the most difficult for the Commonwealth to prove and it is generally a source of "reasonable doubt" that results in many cases being resolved favorably for our clients.
Penalties for convictions of "Driving on a Suspended License" are cumulative, meaning the penalties are generally enhanced with each subsequent offense. For example, if you are convicted of a third or subsequent offense, you face mandatory minimum confinement in jail for 10 days, in addition to other penalties. If you have received a Driving on a Suspended or Driving Without a License ticket, we encourage you to schedule a free consultation by contacting us by phone at 703-542-4500 or online. |
