Archive for category: Traffic Laws

You are here: Home / Traffic Laws

Navigating Virginia Speeding Ticket in 2024 with Expert Attorney David A.C. Long

/in , /by

When it comes to handling a speeding ticket in Virginia in 2024, the expertise of a seasoned traffic lawyer is invaluable. David A.C. Long, a respected Virginia traffic attorney, offers unparalleled legal assistance. This guide delves into the complexities of Virginia speeding tickets and highlights why David A.C. Long is your ideal partner in navigating these legal challenges.

Understanding Virginia Speeding Laws:

Virginia’s traffic laws are known for their stringency; in 2024, they have become even more so. Navigating these laws requires a thorough understanding and expert interpretation, areas where David A.C. Long excels. His extensive knowledge of local traffic regulations makes him a crucial asset for anyone facing a speeding ticket in Virginia.

The Role of a Virginia Traffic Lawyer like David A.C. Long:

A Virginia traffic lawyer plays a vital role in managing speeding tickets. David A.C. Long’s expertise is not just in the legalities; he brings a strategic approach to each case, considering all possible avenues for defense and resolution. His services include:

  • Expert court representation.
  • Skilled negotiation with prosecutors.
  • Comprehensive advice on legal rights and options.
  • David’s approach is tailored to each client’s unique situation, offering the best chance of a favorable outcome.

Choosing David A.C. Long: An Affordable Virginia Attorney:

Legal representation by David A.C. Long balances affordability with high-quality service. His commitment to transparency in pricing means no hidden fees and a clear understanding of costs from the outset. David A.C. Long’s goal is to provide top-tier legal assistance accessible to all, making him an excellent choice for anyone seeking an affordable Virginia attorney.

Impact of Speeding Tickets and How David A.C. Long Can Help:

A speeding ticket in Virginia can lead to points on your driving record, higher insurance rates, and other consequences. David A.C. Long specializes in minimizing these impacts, employing his vast knowledge and experience to protect his client’s interests and driving privileges.

Prevention and Safe Driving Tips:

Prevention is critical to avoiding legal complications from speeding tickets. David A.C. Long also emphasizes the importance of safe driving practices. Adhering to speed limits and being aware of traffic law changes are crucial for all drivers in Virginia.

Are you facing a speeding ticket in Virginia in 2024? Ensure you have the best representation by choosing David A.C. Long, a seasoned Virginia traffic lawyer known for his expertise and affordable services. Don’t let a speeding ticket disrupt your life. Contact David A.C. Long today for a consultation and take the first step toward effective legal resolution of your traffic issues.

 

Failure To Yield Ticket In Virginia

/in /by

Failure of Right-of-Way Yield

Call the defense lawyers at David A.C Long if you have been accused of failing to yield the right of way. Our legal team will speak with you and construct a defense on your behalf. We provide our services throughout the state of Virginia.

For a Free, No-Obligation Consultation, contact us at 1.804.298.7773 or click here.

Accused of failing to yield the right-of-way (section 46.2-863)?

To contest this accusation, one should examine the precise language of Virginia Code Section 46.2-863, Failure to Yield Right-of-Way.

 

1. The car entered a “highway.”
2. The driver came “from a side road” to enter the freeway.
3. Before entering the highway, the driver did not “bring his vehicle to a stop immediately.”
4. The place where the motorist was entering the highway was “within 500 feet” of oncoming traffic.

Guilty of Offenses?

If even one of the conditions is not met, the motorist cannot be found guilty of the crime.

A different code section can be applied if the driver is approaching a highway sign or is not entering a highway. For instance, irresponsible driving in a parking lot is governed by Virginia Code Section 46.2-864, and approaching stop or yield signs on a highway is governed by Virginia Code Section 46.2-821.

The evidence would not be enough to support a conviction if the driver stopped before continuing or if there was no witness to the defendant stopping before proceeding. The Commonwealth must demonstrate that the driver pulled over when another car was 500 feet away.

Virginia Speeding Ticket Lawyer

How to fight a Speeding Ticket in Virginia

/in /by

While bragging about how fast you can drive sounds cool, you’ll find blue and red lights approaching you. Every other police force outlaws speeding because the outcome is never in your favor. Not only do you risk your own life and property, but you endanger everyone’s. Virginia has the same legislation regarding speeding; they will not accept anyone exceeding the posted speed limit on highways or roads. Driving recklessly or with a suspended license is a crime, and the charges are equivalent to committing a crime.

Although the speeding penalty is not classified as a criminal offense in Virginia, however, the repercussions might be severe and costly. You may have your license revoked or suspended; alternatively, you may face an increase in your insurance premium the next time you pay the costs. There are options available; you can pay the fines or appeal them in court, which may result in a lower fine, no charges, or more serious charges if the outcome favors the opposition. Even if you are found not guilty of speeding, the charges will remain on your driving record as “previous incidents.”

Can I Fight Against Speeding Tickets?

Yes, you can fight the charges if you are ever required to drive excessively or violate the speed limit. The following are some strategies for contesting a speeding ticket and hoping for a favorable outcome.

The Court should be aware: You must first appear in court to submit a not guilty plea. Those handling your case will inform you of the timings and dates. Bear in mind that once you enter the court and submit your request, you must visit the court on the day and day assigned to you.

Call a lawyer? Your choice: While it is not always necessary to retain the services of an attorney or lawyer, seeking the assistance of someone who has spent their entire life studying law and has fought similar cases in the past is unquestionably beneficial. Hiring a lawyer is a personal decision based on your financial situation and the severity of the charges. Additionally, employing an attorney would make the process much easier to manage than going alone.

Time for the hearing: This is the day you will represent yourself in front of the judge or jury at the arraignment. Conduct proper research and present witnesses (if there are any). Additionally, be prepared to address any questions that may arise. Prepare what you will say to the judge and how you will present your case in court.

Plead the case: When appearing before a judge or a jury, one must always keep discipline and attempt to behave so that the judge or jury would view you favorably. After hearing all of the evidence and weighing both sides of the event, the judge will determine what to order, whether to maintain the charges, reduce them, or dismiss them entirely. The sequence will dictate your next move.

Contact us to learn how a lawyer could assist in your speeding ticket case. At David A.C Long, our speeding ticket attorneys have considerable knowledge of Virginia Speeding legislation and can assist you in determining your eligibility.

Virginia’s New DUI Laws 2021-2022

/in /by

Virginia changed its DUI legislation last summer to give first-time DUI offenders more leeway in retaining their driving privileges.  July 1, 2021, that wiggle room was expanded to include repeat offenders.

The Law Regarding First-Time DUI Infractions

On July 1, 2020, Virginia enacted new legislation allowing those convicted of a first-time DUI to use an ignition interlock device (IID) while maintaining their ability to drive.

Prior to this change, individuals convicted of their first DUI faced a one-year license suspension and, in some cases, were granted a limited license that allowed them to drive to required locations (school, work, etc.).

Individuals with an “any purpose” limited license can drive wherever they wish as long as they have an ignition interlock device placed in their vehicle.

What Is An Ignition Interlock Device?

An ignition interlock device is simply a breathalyzer that is integrated into the ignition of a vehicle. To start the car, the driver must submit to a breath test to demonstrate that they are not impaired by alcohol. The vehicle will not start if the device detects the presence of alcohol.

Additionally, the ignition interlock device may compel the driver to perform breath tests while driving to demonstrate that they did not begin drinking alcohol after starting the automobile.

Virginia’s New Reoffending Option

The above-mentioned legislative amendment applied solely to first-time DUI convictions. Repeat DUI offenders in Virginia, on the other hand, now have the same opportunity. Individuals who were ineligible or denied for a restricted license in the past may now utilize an IID in addition to their restricted license rather than having their license canceled.

To qualify for the limited license “any purpose,” the motorist must meet the following requirements:

  • For a certain period of time, the motorist must wear remote alcohol monitoring equipment.
  • The driver is not permitted to consume alcohol.
  • Each vehicle that the driver personally owns must be equipped with an IID.
  • Virginia DUI Attorneys

Contact us immediately if you suspect you may be eligible for an ignition interlock device under the new law. At David A.C Long, our DUI attorneys have considerable knowledge of Virginia DUI legislation and can assist you in determining your eligibility.

Reckless Driving Law Overview in Virginia

/in /by

If you were given a ticket for reckless driving in the state of Virginia, you’re probably wondering about reckless driving law. It’s always best to speak with an experienced, local attorney, like Reckless Driving Attorney David A.C. Long, before your court date. In this article, we’ll go over what you need to know about reckless driving law in Virginia.

Reckless Driving: A Criminal Offense

Reckless driving is considered to be a severe criminal offense in Virginia. It’s a class 1 misdemeanor that comes with six DMV points, a possible jail sentence of 12 months max, and up to $2,500 in fines. Additionally, it’s possible that your license will be suspended for as long as six months. Furthermore, a conviction for reckless driving in Virginia will stay on your record for as long as 11 years.

Speeding and Reckless Driving

Most of the time, a reckless driving ticket in Virginia is based on the speed at which you were driving. If you go more than 20 miles over the speed limit, or if you’re driving at more than 85 mph, you could be charged with reckless driving.

Other Reasons for Reckless Driving

Even if you were not speeding more than 20 mph over the speed limit or 85 mph overall, you might still get a reckless driving ticket. In Virginia, it’s possible that a police officer will give you a ticket for reckless driving if it seems that you’re driving in a way that could damage property, yourself or someone else.

Getting a Reckless Driving Charge Dismissed or Reduced

If you were given a reckless driving ticket, it’s still possible to have the charge dismissed entirely, or at least reduced. These are the factors that will go into determining the outcome:

• Your driving record. If you have a good driving record, this will work in your favor.

• If the speedometer in your car is incorrect. While you may not get the case dismissed, it could go towards reducing the outcome.

• Calibration issues with the police officer’s radar, which could affect what speed he thought you were going at vs. the speed you were driving.

• If you were on your way to an emergency, it’s possible that the judge will reduce or dismiss your case.

If you are facing a reckless driving offense, you need a qualified, experienced attorney on your side, like Reckless Driving Attorney David A.C. Long.

Here Are Some FAQs About DUI Traffic Stops

/in , /by

Q: What is the legal limit for blood toxicity?

A: Generally, it’s illegal for someone to drive while impaired by illicit substances or alcohol. However, that does not mean that prescription drugs are excluded. Driving while impaired is defined as a state where you’ve drunk or used enough alcohol or drugs, respectively, to the point where your brain prevents you from critical reasoning and driving safely. Many studies believe impairment occurs to a lot of individuals way before they think they’re drunk or high.

From an objective standpoint, if your blood alcohol content is 0.08% or higher and you began driving on the road, you would be Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). For people under 21, the legal drinking age in the United States, in practically every state you will be considered driving under the influence if your blood alcohol content is greater than 0.1% or 0.2%, subject to which state you live.

Q: How do police determine a driver is under the influence?

A: Police typically have three different methods to determine if a driver is under the influence of drugs or alcohol:

  1. Evidence of reckless driving – Usually, a police officer will pull you over if they see that you are showing symptoms of driving under the influence. These signs may be swerving, speeding, driving too slowly, refusing to stop, failing to yield, and similar indications that tell an officer you’re driving while impaired. However, if you have a valid reason as to why you were driving that way, an officer will likely let you go with either a ticket or warning. If you’re pulled over an officer will usually be looking at your eyes and will see if they can smell alcohol on your breath.
  2. Field Sobriety Tests – If you’re pulled over, and an officer believes you’re driving under the influence, they may ask you to exit your vehicle to complete field sobriety tests. Which may include walking in a straight line, standing on one leg, or a speech tests. The office will be observing your eyes for any pupil dilation or blurriness. If you failed one or more of the previous tests, you would likely be subject to a chemical test.
  3. Chemical Blood Alcohol Level Tests – If you’ve failed a field sobriety test, an officer will take you in to complete a blood alcohol level reading. These tests are typically done by testing blood, urine or breath sample. The blood test is straightforward and easily measures the amount of alcohol in your bloodstream. The urine and breath tests are completed based on a mathematical formula that determines your blood alcohol content from a sample. If your reading states above a 0.08% blood alcohol level, you will receive a DUI unless you manage to convince the judge that you weren’t impaired or driving unsafely. Keep in mind; several lawyers build a drunk driving defense by challenging the mathematical formula used in the tests.

 

3 Point Demerit Traffic Violations in Virginia

/in /by

Three  point demerit violations can have serious consequences on your DMV record, and some will stay on your DMV driving record for up to 5 years if you are convicted.   This is why it is important to contact an experienced Virginia traffic lawyer to ensure you are well represented in traffic court.  Our law firm has the experienced and understanding of current Virginia traffic laws and we are dedicated to protecting your legal rights to receive the best possible outcome possible.

The number of years that the conviction stays on your DMV record is in parentheses beside each violation. An asterisk (*) indicates that the conviction remains on your record permanently. Demerit points will also be assigned to your record for traffic convictions incurred in other states.

The violations listed may change without prior notice.  You can view the current list at the Virginia DMV website: http://www.dmv.state.va.us/drivers/#points_3.asp

Speeding

  • Speeding 1-9 mph above the posted speed limit (5 years)
  • Impeding traffic, slow speed (5 years)

Passing/Driving

  • Improper passing (3 years)
  • Improper passing on the right (3 years)
  • Improper driving (3 years)
  • Improper stopping on highway (3 years)
  • Changing course after signaling (3 years)
  • Coasting with gears in neutral (3 years)
  • Failure to give way in favor of overtaking vehicle (3 years)
  • Failure to give way when abreast of another car (3 years)
  • Driving through safety zone (3 years)
  • Driving over fire hose (3 years)
  • Unauthorized use of crossover on controlled highway (3 years)
  • Driving/riding on sidewalk (3 years)

Turning/Backing

  • Improper turn (3 years)
  • Improper U-turn (3 years)
  • Violation of right turn on red (3 years)
  • Violation of left turn on red (3 years)

Signs/Signals

  • Failure to obey highway sign (3 years)
  • Evading traffic control device (3 years)

Lights

  • Driving without lights/excessive lights (3 years)
  • Failure to dim headlights (3 years)
  • Parking without proper lights displayed (3 years)
  • Inadequate hazard lights (3 years)

Licenses/Permits

  • No Virginia driver’s license (3 years)
  • No Virginia license plate (3 years)
  • Failure to obtain a driver’s license (3 years)
  • No driver’s license – vehicle/motorcycle (3 years)
  • Failure to have license revalidated (3 years)
  • Learner’s permit violation (3 years)
  • Permitting unlicensed person to drive (3 years)
  • Driving in violation of restricted license (restrictions related to physical limitation, such as mechanical control device) (3 years)

Commercial Motor Vehicles

  • Driving commercial motor vehicle with alcohol in blood (*)
  • Driving commercial motor vehicle without license (3 years)
  • Driving commercial motor vehicle with more than 1 driver’s license (3 years)
  • Driving commercial motor vehicle without endorsement(s) (3 years)
  • Driving commercial motor vehicle without license in possession (3 years)
  • Commercial driver’s license/instruction permit violation (3 years)
  • Driving commercial motor vehicle in left lane of interstate (3 years)
  • Driving in excess of 13 hours in a 24-hour period (3 years)
  • Driving public passenger-carrying vehicle under age (3 years)
  • Driving bus transporting school children without a safety belt (3 years)
  • Driving school bus without license (3 years)
  • Driving school bus under age (3 years)
  • Vehicle height exceeds limit for tunnels (3 years)

Other Violations

  • Failure to stop at the scene of a crash, unattended property (3 years)
  • Failure to leave the scene of a crash at the direction of officer (3 years)
  • Failure to report a crash, unattended property, less than $250 damage (3 years)
  • Following/parking within 500 feet of fire apparatus (3 years)
  • Emergency vehicle violation (3 years)
  • Drinking while driving (3 years)
  • Improper driving/riding motorcycle (3 years)
  • Driving with TV screen visible to driver (3 years)
  • Driving while using earphones (3 years)
  • Passenger restriction violation (3 years)
  • Curfew violation (3 years)
  • HOV violation, second or subsequent offense – Northern Virginia planning district 8 (5 years)
Henrico

4 Point Demerit Traffic Violations in Virginia

/in /by

Four point demerit violations can have serious consequences on your DMV record, and some will stay on your DMV driving record for up to 11 years if you are convicted.   This is why it is important to contact an experienced Virginia traffic ticket lawyer to ensure you are well represented in traffic court.  Our law firm has the experienced and understanding of current Virginia traffic laws and we are dedicated to protecting your legal rights to receive the best possible outcome possible.

The number of years that the conviction stays on your DMV record is in parentheses beside each violation. An asterisk (*) indicates that the conviction remains on your record permanently. Demerit points will also be assigned to your record for traffic convictions incurred in other states.

The violations listed may change without prior notice.  You can view the current list at the Virginia DMV website: http://www.dmv.state.va.us/drivers/#points_4.asp

Reckless Driving/Speeding

  • Reckless driving – failure to stop before entering a highway (11 years)
  • Speeding (5 years)
  • Speeding 10-14 mph above the posted speed limit (5 years)
  • Speeding 15-19 mph above the posted speed limit (5 years)
  • Speeding 10-19 mph above the posted speed limit (5 years)

Passing

  • Passing when unsafe (3 years)
  • Passing to the left of approaching vehicle (3 years)

Stopping/Yielding

  • Failure to drive to the right and stop for police/fire/emergency vehicle (3 years)
  • Failure to stop for pedestrian with white cane (3 years)
  • Failure to stop and yield right-of-way (3 years)
  • Failure to yield right-of-way (3 years)
  • Failure to yield when turning left (3 years)
  • Failure to yield to funeral procession (3 years)

Keeping to the Right

  • Failure to drive on right half of highway or street (3 years)
  • Failure to keep to the right when crossing an intersection (3 years)
  • Driving to the left of rotary traffic island (3 years)

Following/Signaling

  • Following too closely (3 years)
  • Failure to signal before moving from curb (3 years)
  • Improper signal (3 years)

Railroad Crossings

  • Failure to obey railroad crossing signal (3 years)
  • Failure to stop at railroad grade crossing (3 years)
  • Failure to keep to the right at a railroad crossing (3 years)
  • Failure to stop passenger-carrying vehicle at railroad grade crossing (3 years)
  • Railroad crossing/stopping (3 years)
  • Improper operation of crawler-type tractor over railroad crossing (3 years)

Railroad Crossings (Commercial Motor Vehicle Drivers)

  • Failure to slow down/stop at a railroad crossing (*)
  • Failure to have sufficient space to drive through a railroad crossing (*)
  • Failure to obey traffic control device or enforcement official at a railroad crossing (*)
  • Failure to have sufficient undercarriage clearance at a railroad crossing (*)

Other Violations

  • Operating a motor vehicle while suspended/revoked/restricted with a blood alcohol content of .02% or more (11 years)
  • Failure to stop at the scene of a crash, unattended property, damage in excess of $500 (11 years)
  • Failure to stop at the scene of a crash, property damage (3 years)
  • Emergency vehicle violation – property damage (5 years)
  • Emergency vehicle violation – injury (5 years)
  • Aggressive driving (5 years)
  • Failure to obey traffic signal (3 years)
  • Failure to obey lane directional signal (3 years)
  • Failure to obey highway lane markings (3 years)
  • Improper backing, stopping or turning (3 years)
  • Driving the wrong way on one-way highway or street (3 years)
  • Impeding/disrupting funeral procession (3 years)
  • Disregarding police officer’s signal to stop (3 years)
  • Disregarding crossing guard/officer’s signal (3 years)
goochland county court house

6 Point Demerit Traffic Violations in Virginia

/in /by

Six point demerit violations are the most severe traffic violations and can have serious consequences on your DMV record, as well as you life.  Many of these violations can have life changing effects if you are convicted.  This is why it is important to contact an experienced Virginia traffic violation lawyer to ensure you are well represented in traffic court.  Our law firm has the experienced and understanding of current Virginia traffic laws and we are dedicated to protecting your legal rights to receive the best possible outcome possible.

The number of years that the conviction stays on your DMV record is in parentheses beside each violation. An asterisk (*) indicates that the conviction remains on your record permanently. Demerit points will also be assigned to your record for traffic convictions incurred in other states.

The violations listed may change without prior notice.  You can view the current list at the Virginia DMV website: http://www.dmv.state.va.us/drivers/#points_6.asp

Reckless Driving (Felony or Misdemeanor)

  • Reckless driving – speeding in excess of 85 mph (11 years)
  • Reckless driving – speeding 20 mph or more above the posted speed limit (11 years)
  • Reckless driving – racing (11 years)
  • Reckless driving – passing or overtaking an emergency vehicle (11 years)
  • Reckless driving – passing a school bus (11 years)
  • Reckless driving – passing on the crest of a hill (11 years)
  • Reckless driving – passing at a railroad crossing (11 years)
  • Reckless driving – passing two vehicles abreast (11 years)
  • Reckless driving – driving two vehicles abreast (11 years)
  • Reckless driving – driving too fast for conditions (11 years)
  • Reckless driving – failing to give a proper signal (11 years)
  • Reckless driving – faulty brakes/improper control (11 years)
  • Reckless driving – on parking lots, etc. (11 years)
  • Reckless driving – with an obstructed view (11 years)
  • Reckless driving – generally (11 years)
  • Speeding 20 mph or more above the posted speed limit (5 years)

Driving Under the Influence

  • Driving while intoxicated (11 years)
  • Driving under the influence of alcohol or drugs (11 years)
  • Driving under the influence of drugs (11 years)
  • Driving after illegally consuming alcohol (persons under age 21) (3 years)
  • Driving while intoxicated – maiming (11 years)
  • Involuntary manslaughter/alcohol (11 years)
  • Refusing blood/breath test (11 years)
  • Driving while your license is suspended or revoked for driving while intoxicated (11 years)
  • Driving while your license is revoked for driving while intoxicated – maiming (11 years)
  • Driving while your license is revoked for driving while intoxicated – involuntary manslaughter (11 years)

Manslaughter

  • Manslaughter (11 years)
  • Involuntary manslaughter (11 years)
  • Involuntary manslaughter/aggravated (11 years)

Habitual Offenders

  • Driving after being declared a habitual offender (11 years)
  • Authorizing person suspended for habitual offender and/or driving while intoxicated to drive (3 years)

Licenses/Permits

  • Driving on suspended license (11 years)
  • Driving while your license is suspended or revoked (11 years)
  • Driving while your license is suspended or revoked for non-payment of court fines and costs (11 years)
  • Driving under suspension or revocation before giving proof of financial responsibility (11 years)

Commercial Motor Vehicles

  • Driving commercial motor vehicle while disqualified (*)
  • Driving commercial motor vehicle with blood alcohol .04 or more (*)
  • Driving commercial motor vehicle with blood alcohol .08 or more (*)
  • Driving commercial motor vehicle under influence of drugs (*)
  • Driving commercial motor vehicle under influence of drugs/alcohol (*)
  • Refusing blood/breath test while operating commercial motor vehicle (*)
  • Violating out of service order (11 years)

Other Violations

  • Speeding 20 mph or more above the posted speed limit (5 years)
  • Injuring person while racing – felony (11 years)
  • Failure to stop at the scene of a crash – injury (11 years)
  • Failure to stop at the scene of a crash – death (11 years)
  • Failure to stop at the scene of a crash – property damage of $1000 or more (11 years)
  • Emergency vehicle violation – death (11 years)
  • Vehicular assault or willful stopping, impeding or damaging vehicle (11 years)
  • Blocking access to service facility (11 years)
  • Attempting to elude police
    • felony offense (11 years)
    • misdemeanor offense (3 years)
  • Passing stopped school bus (non-reckless) (3 years)
  • Operating unsafe vehicle (3 years)