The Law Offices of Joseph T Brown PLC

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Avoiding a Traffic Stop in Virginia

 

Police can pull over a car if there is a reasonable suspicion that a law is being broken or a crime committed. Minimizing your chances of being stopped by police require taking a common sense approach to avoid attracting attention to yourself. There are two areas – driving conduct and legal compliance of your vehicle, where a little effort can minimize your chances of being pulled over by police.

As far as driving conduct goes, police are going to be attracted to speeders, people running red lights or otherwise obviously breaking the law. You don’t want to be the person speeding at 90 mph on US 1 through a school zone and drinking a beer. This person is likely to attract unwanted attention to himself. Slow and careful driving, using turn signals and coming to complete stops for example, reduce the amount of attention that police will give you on the road.

The other way to minimize your chances of being pulled over is to ensure that your car is registered, insured and inspected with all of the required information correctly displayed. Do not alter your car such as lowering it or changing the exhaust system. Do not use illegal ground effect lighting or tinted windows, and keep the stereo down to a reasonable volume. It is illegal to drive with an obstructed view, so even something hanging from a rear view mirror could give probable cause to pull someone over.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

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Reckless Driving in Virginia

 

Reckless Driving in Virginia is a serious traffic charge that can result in a jail sentence, fine and loss of driving privilege. Since it is a class 1 Misdemeanor, it carries up to 12 months in jail and up to a $2,500.00 fine.

You can be charged with Reckless Driving in Virginia for driving at a speed that is 20 miles per hour or more above the speed limit or 80 miles per hour in a 65 or 70 mile per hour zone.

Reckless driving can also be charged for driving in reckless disregard for the safety of oneself or others, which can include a lot of different situations, even on private property. These situations include driving too fast for road conditions, following too closely, rapid lane changes that endanger other drivers, having faulty brakes, and for causing an accident.

To prove Reckless Driving for exceeding the speed limit, police must be able to determine the measure the speed of the vehicle. They can do this by pacing, or following the speeding car for a quarter mile or more. They can also use radar, which are widely used and can be used while the police cruiser is sitting still on the side of the road or while it is traveling on the road. A more recent technology is LIDAR, which uses a laser to determine speed and distance, and is very accurate. No matter what method police use to determine the speed of a vehicle, the equipment must have been calibrated within the past six months of the date of the ticket, otherwise the results are inadmissible in court.

In Virginia a reckless driving charge requires a court appearance. It is not a ticket that can be prepaid. In many situations an attorney can appear in the place of a person charged with reckless driving, which can be very helpful for people who get a speeding ticket while traveling through Virginia but live in another state.

There are a number of possible defenses. If you are charged with Reckless Driving in Virginia there are several things that you can do. For example, you should consider taking a driver improvement course, get a copy of your driving record, replace any defective equipment and get a speedometer calibration. Even if no defense is available, it may still be possible to have the charge dismissed or lowered to a lesser offense that carries less points on your driving record and a lower fine. Anyone charged with reckless driving should speak with an attorney.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

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Hit & Run in Virginia

 

The Driver and Passengers of a vehicle in Virginia have duties in the case of a vehicle accident.  These duties are the duty to stop, to give certain information to the driver or any inured persons, and to report the accident to Police.  This Duty to Report an Accident occurs for any accident in the state, not just on the streets and highways but on private property also.  Failure to report the accident is a criminal offense that is either a misdemeanor or a felony.  Additionally, any person who violates any of the laws about the duties to report can lose their Virginia driver’s license for up to six months.

Duties of Driver involved in an Accident in Virginia;Death, Injury or occupied vehicle. A driver’s duties in an accident are described in section 46.2-894 of the Code of Virginia (Duty of Driver to Stop, Etc., in event of accident involving injury or death or damage to attended property).  The driver of a vehicle who is involved in an accident where injuries occur or there is another vehicle involved that is occupied has certain duties as required by Virginia Law:

    • To immediately stop at the scene of the accident;
    • To report his name, address, driver’s license number, and registration number to
      • State Police or local law enforcement agency;
      • The person struck or injured (if they can are able to understand and retain that information);
        • Or the driver or other occupant of the vehicle collided with
      • Or the custodian of the damaged property
    • To render reasonable assistance to any injured person, including obtaining and transporting the injured person to medical treatment.

Violations of Section 46.2-894 of the Virginia Code are a Class 5 Felony (1 day to 10 years in prison) if anyone in the accident suffers an injury or death, or if the accident results in more than $1,000.00 of property damage.  Violations are a Class 1 Misdemeanor (1 day to 12 months in jail) if there were no injuries and the accident resulted in less than $1,000 in property damage.

Persons who are unable to make a report because of injuries sustained in the accident are exempt from this statute.

Duties of Passenger involved in an Accident in Virginia; Death, Injury or occupied vehicle.A passenger’s duties are described in Section 46.2-895 of the Code of Virginia (Duty of certain persons accompanying driver to report accidents involving injury death or damage).  In an accident where there are injuries or death or when another occupied car is involved, and the driver of the vehicle fails to stop at the scene of the accident, any passengers in the vehicle have a duty to report the accident to the State Police or local law enforcement, within 24 hours of the time of the accident.

Failure to comply with this statute is a Class 6 Felony (1 day to 5 years in prison) if the accident resulted in the death or injury of any person.  If the accident involved only damage to property, a conviction is a Class 1 Misdemeanor (1 day to 12 months in jail).

Duty of Drivers in Accidents involving only Unattended Property.  A driver’s duties if there is an accident involving unattended property, such as a parked car or a fence or pole, are described in section 46.2-896 of the Code of Virginia (Duties of Driver in event of Accident involving damage to Unattended Property), as follows:

  • Shall make a reasonable effort to find the owner or custodian of the property and report to the owner his name, address, driver’s license number, and registration number;
  • If the owner cannot be found, then the driver should leave a note or other sufficient information including identification of the driver and contact information in a conspicuous place at the scene of the accident AND the person shall report to accident in writing within 24 hours to State Police or local law enforcement.

A driver who is unable to comply with this statute because of injuries suffered in the accident is exempt from this statute.  A conviction of violation of this statute is a Class 1 Misdemeanor (1 day to 12 months in Jail) if the damage to property is more than $250.  If the damage is less than $250, conviction under this statute is a Class 4 Misdemeanor (fine up to $250).

Duty of Passengers to Report Accidents involving only Unattended Property. A passenger’s duties in the case where a driver fails to perform his duty to stop and leave a note are described in section 46.2-897 of the Code of Virginia (Duty of Certain Persons accompanying Driver to Report Accidents).  A passenger who is over 16 years old and is aware of the accident and that the driver failed to stop after the accident to leave a note, has a duty to notify the State Police or local law enforcement of the accident and to include his name, address and any facts within his knowledge about the accident.

A conviction of violation of this statute is a Class 1 Misdemeanor (1 day to 12 months in Jail) if the damage to property is more than $250.  If the damage is less than $250, conviction under this statute is a Class 4 Misdemeanor (fine up to $250).

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Eluding Police in Virginia

 

Eluding Police is described in section 46.2-817 of the Code of Virginia (Disregarding Signal by Law Enforcement Officer to Stop, Eluding Police).  It is against the law to disregard any visible or audible signal by police to pull over or attempt to escape or elude police.  It is an affirmative defense (a defense you have to prove at trial) that the person had a reasonable belief that they were being pursued to by non-law enforcement officers.  For any violation of this statute the person’s driver’s license must also be suspended for a minimum of thirty days, up to one year.

Eluding is punished and classified depending on certain factors of danger and injury, as follows:

  • Eluding on foot, or in a vehicle with no dangerous activity or injury to others, is punishable as a Class 2 Misdemeanor (up to six months in jail);
  • Eluding in a vehicle in a manner that endangers a person OR interferes with or endangers the operation of the law enforcement vehicle is a Class 6 Felony (1 day to 5 years in prison);
  • Eluding in a vehicle where a Law Enforcement Officer is killed in the pursuit is a Class 4 Felony (two years to ten years in prison).

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Driving on a Suspended License

 

Driving on Suspended or Driving on Revoked can be charged by Police when someone is driving a car after their license has been suspended.  There are three statutes under which a person may be charged for driving on suspended license:

  • Section 18.2-272 of the Virginia Code, Driving after Forfeiture of License.  Each violation is a Class 1 Misdemeanor, but the third conviction within a 10 year period is a a Class 6 Felony (punishable by up to 5 years in prison).  This statute includes driving on a restricted license with a Blood Alcohol level in excess of 0.02, and driving a vehicle without ignition interlock after the ignition interlock is ordered by the Court;
  • Section 46.2-300 of the Virginia Code, Driving without License Prohibited.  This license makes it an offense to drive without a valid license, and includes people who have had their license suspended as well as those that do not have a valid driver license at all.  A first conviction for violation of this statute is a Class 2 misdemeanor, subsequent convictions are Class 1 misdemeanors.  If a person is convicted of violation of this statute, the judge can give them an additional license suspension of up to 90 days;
  • Section 46.2-301 of the Virginia Code, Driving while License, Permit, or Privilege to Drive Suspended or Revoked.  This statute makes it illegal to drive a vehicle after the person’s license to drive has been suspended by the Court or by operation of statute.  A violation of this statute is aClass 1 Misdemeanor but a third or subsequent conviction within a 10 year period carries a minimum mandatory jail sentence of 10 days.  Additionally, a conviction of this statute requires the court to impose an additional suspension of the driver’s license for the same amount of time as the original suspension, or 90 days if there was no defined duration of the original suspension.

Defenses to Driving on Suspended or Revoked License often focus on whether or not notice was received by the Defendant that the license was suspended.  In cases where the license was suspended for failure to pay court costs or fines most judges will not require proof of notice given to the Defendant since the person is informed that their license will be suspended if the fines or costs are not paid.

DMV sends a letter to advise people that their license has been suspended, and that letter will be recorded as part of the DMV driver record.  This record will show the address where the notice was sent, and can help a defendant prove that notice was not given or was sent to a wrong address.

Another defense to a charge of Driving on Suspended or Revoked License is that the person was driving due to a medical emergency, however it is possible that any emergency situation could provide a defense to this charge.

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.