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May 13, 2008




Traffic Law Violations

THE BATTLE PLAN FOR RECKLESS DRIVING/SPEEDING

"Reckless Driving/Speeding" is More than Just a Glorified Speeding Ticket- It is a Serious and Potentially Permanent Criminal Charge

Fact: The average amount of jail time for someone convicted of speeding over 90 mph in Virginia is greater than the average amount of jail time given to someone convicted of a first offense felony drug possession, felony shoplifting, felony embezzlement, felony grand theft auto or DUI with a BAC that is less than twice the legal amount!  That's right, the speeder is treated more harshly in Virginia than drug addicts, thieves, and drunks!

Fact: If you are caught doing above 80 mph on the highways of Virginia, you can and will be charged with Reckless Driving.  As has been stated, this is not merely a traffic infraction.  It is a criminal offense- a class one misdemeanor- the most serious class of misdemeanor in Virginia! Once convicted, there is no provision under Virginia law for expungement of this charge and you will have a permanent criminal record.

Fact: Virginia Reckless Driving Lawyer Bob Battle Helps Hundreds of Virginia and Out-of-State Motorists Get their Reckless/Speeding Tickets Reduced or Dismissed- Usually Without Their Having to Come to Court

Jurisdictions vary widely in the penalties they impose for Reckless Driving/Speeding convictions. At speeds above 85 mph, courts begin suspending the driver’s operator’s license. At speeds above 90 mph, courts begin imposing jail sentences in addition to the operator’s license suspension.

As the state where driving is viewed under its laws as “a privilege, not a right,” traffic law in Virginia can cause extraordinary inconveniences for those charged with any traffic violations.  In many parts of the state, police act without apology as revenuers, and operate on an aggressive quota system that helps to keep city and county coffers in the black.  This is particularly true along the entirety of Interstate 95, 64 & 295 and in towns that are home to the many tourist attractions in the Old Dominion. 

The new Virginia budget for the fiscal year beginning July 2007 estimates $57 to $108 MILLION in Traffic Fines!

Also, new Virginia Civil Remedial Fee laws which began in July 2007 dramatically increase fines for Reckless Driving Speeding adding an additional $1,050 and potentially several thousand dollars over subsequent years!

Virginia's tourist towns are also relentless in their pursuit of speeders. For instance, Virginia Beach was recently ranked sixth worst in the nation in terms of its use of speed traps, according to The Speed Trap Exchange, a site that identifies locations that combine arbitrarily low speed limits with heavy law enforcement to generate municipal revenue.  While not in the top ten nationally, Virginia cities like Richmond, Roanoke, Charlottesville, Williamsburg and the many cities of Fairfax County are all home to police forces that include common driver mistakes as revenue towards the annual budget.  Other counties along I-95 and I-64 are notorious speed traps. The traffic court dockets are always overflowing in Caroline County, Hanover County, Henrico County, Chesterfield County, New Kent County, Sussex County, Greensville County and Emporia. In fact, over the 4th of July weekend 2006, more than 3,600 motorists were charged with Reckless Driving- the vast majority of these cases merely Reckless Driving/Speeding charges.

We all know that this type of quota-driven “enforcement” does very little to solve the problem of speeding among drivers.  In fact, unless the day comes when the government tells the auto industry to stop making cars that can go above posted speed limits (that’ll be the day!), drivers in Virginia are going to speed, just as drivers do in every other state.

When the punishment does not fit the crime, as is typically the case under Virginia’s traffic laws, an experienced attorney may be needed.  For more than twenty years, attorney Bob Battle has helped drivers that are residents of Virginia or residents of other states who are passing through the state on business or pleasure to escape the harsh and permanent consequences of a Reckless Driving/Speeding conviction.  In terms of pure number of cases, Bob Battle handles more Reckless Driving/Speeding cases than any other type of case. If you believe you are being treated unfairly under Virginia’s traffic laws, contact Bob Battle today. 

In the movie “Cars,” Lightning McQueen was lucky he wasn’t pulled over in Virginia!

In the animated Pixar movie "Cars,"; Lightning McQueen is caught in a speed trap in the mythical town of Radiator Springs.  His speeding and reckless driving lead to a nightmare of "incarceration" and hard labor for several days.  It could have been worse for Lightning McQueen -he could have been pulled over in Virginia!  Unfortunately, Lightning McQueen's nightmare is a harsh reality for thousands of motorists driving the highways of Virginia.


The only "good news" if you are charged with a Reckless Driving/Speeding case is, if you have hired a lawyer, you probably will not need to appear in court even though the ticket you are given has a box checked that says you must appear in court.  Bob Battle has successfully represented many drivers from states other than Virginia without them having to go through the expense of physically being in court on their court date.

There are many potential technical defenses in any speeding case. The officer is required to bring proof of proper calibration to court. Are you aware that the calibration must be performed within six months of the date you are charged? Are you aware that, if the officer brings a copy of the calibration, that it must be "double certified?" Are you aware that the officer’s radar device must be on a list of approved equipment published by the International Association of Chiefs of Police? Of course not! These are more examples of why you should hire an experienced attorney to help you with this serious offense.

When You Don’t Need an Attorney for Your Traffic Offense

If you are charged with a speeding offense of 14 mph above the speed limit or less, Bob doesn’t recommend that you retain him or any other attorney. You are facing a fine of < $100 and even if you are found not guilty of the charge, the court does not reimburse your legal fees.

Bob regularly get calls from people who are charged with such a speeding offense who say that they need to hire a lawyer because they have a bad driving record and want to get the charge dismissed. The worst possible argument that someone can give to a judge or prosecutor for giving them a break is that they have a lousy record! The fact that you have retained a lawyer is not going to sway the judge or prosecutor one bit in this situation.

Unlike Virginia, the points system in North Carolina and some other states makes any conviction for 15 mph or above the speed limit a major traffic conviction. Bob Battle has represented quite a few North Carolina licensed drivers who have been ticketed in Virginia and are seeking to get their charge amended to a speed of 14 mph over the limit or less.

Virginia’s Points System for Drivers

When you are convicted of a traffic violation, the court notifies the Virginia Department of Motor Vehicles (DMV). The DMV assigns demerit points for the offense of conviction. Many people show up at court and indicate to the judge that they are willing to pay a fine but do not want the points on their license, only to be informed by the judge that the judge has no ability to suspend the points given to the offense of conviction. Virginia has three categories of point offenses: 3, 4 and 6 point offenses.

There are no 1, 2 or 5 point traffic offenses. For example, speeding 0 to 9 mph above the speed limit is a 3-point offense, speeding 10 to 19 mph above the speed limit is a 4 point offense and speeding 20 mph or more above the posted speed limit is a 6 point offense. A conviction of reckless driving is also a 6 point offense.

How many Demerit Points do you get on your record for specific offenses?

Here is a list of some of the more common violations.

You are assigned SIX DEMERIT POINTS

Reckless Driving/Speeding

o Reckless driving - speeding in excess of 80 mph (11 years)

o Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)

o Reckless driving - racing (11 years)

o Reckless driving - passing or overtaking an emergency vehicle (11 years)

o Reckless driving - passing a school bus (11 years)

o Reckless driving - passing on the crest of a hill (11 years)

o Reckless driving - passing at a railroad crossing (11 years)

o Reckless driving - passing two vehicles abreast (11 years)

o Reckless driving - driving two vehicles abreast (11 years)

o Reckless driving - driving too fast for conditions (11 years)

o Reckless driving - failing to give a proper signal (11 years)

o Reckless driving - faulty brakes/improper control (11 years)

o Reckless driving - on parking lots, etc. (11 years)

o Reckless driving - with an obstructed view (11 years)

o Reckless driving - generally (11 years)

o Speeding 20 mph or more above the posted speed limit (5 years)

Driving Under the Influence

o Driving while intoxicated (11 years)

o Driving under the influence of alcohol or drugs (11 years)

o Driving under the influence of drugs (11 years)

o Driving after illegally consuming alcohol (persons under age 21) (3 years)

o Driving while intoxicated - maiming (11 years)

o Involuntary manslaughter/alcohol (11 years)

o

Refusing blood/breath test (11 years)

o Driving while your license is revoked for driving while intoxicated (11 years)

o Driving while your license is revoked for driving while intoxicated - maiming (11 years)

o Driving while your license is revoked for driving while intoxicated - involuntary manslaughter (11 years)

Manslaughter

o Manslaughter (11 years)

o Involuntary manslaughter (11 years)

o Involuntary manslaughter/aggravated (11 years)

Habitual Offenders

o Driving after being declared a habitual offender (11 years)

o Authorizing person suspended for habitual offender and/or driving while intoxicated to drive (3 years)

Licenses/Permits

o Driving on suspended license (11 years)

o Driving while your license is suspended or revoked (11 years)

o Driving while your license is suspended or revoked for non-payment of court fines and costs (11 years)

o 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

o Failure to stop at the scene of a crash - injury (11 years)

o Failure to stop at the scene of a crash - death (11 years)

o Failure to stop at the scene of a crash, property damage of $1000 or more (11 years)

o Emergency vehicle violation - death (11 years)

o Vehicular assault or willful stopping, impeding or damaging vehicle (11 years)

o Blocking access to service facility (11 years)

o Attempting to elude police

o felony offense (11 years)

o misdemeanor offense (3 years)

o Passing stopped school bus (non-reckless) (3 years)

o Operating unsafe vehicle (3 years)

You are assigned FOUR DEMERIT POINTS

• 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

• 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)

You are assigned THREE DEMERIT POINTS

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 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)

• 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)

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)

AN ASTERISK AFTER THE VIOLATION MEANS IT STAYS ON YOUR RECORD PERMANENTLY

Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies.

Demerit Points are assigned when you commit a traffic violation. Different violations carry different point assignments, depending on the seriousness of the offense. For example, you will receive three demerit points if you make an improper U-turn. However, you will receive six demerit points if you speed 20 miles per hour or more above the posted speed limit. Demerit points remain valid two years from the date you commit an offense.

Safe Driving Points are assigned for each full calendar year that you hold a valid Virginia driver’s license and drive without any violations or suspensions. In some cases, you may also earn safe driving points by completing a driver improvement clinic. You can accumulate a total of five safe driving points and you may use these safe driving points to offset demerit points. Consider the following example. For five years Molly Buttercup followed all the safe driving rules and always obeyed the speed limit. She accumulated a safe driving point each year, for a total of five points. But, one day Molly ran a red light. DMV assigned four demerit points to her driving record. However, since she had earned five safe driving points, she ended up with one safe driving point left on her record.

Demerit Points Can Add Up

Each time you commit a traffic offense, DMV adds additional demerit points to your record. This can add up to big trouble for some drivers.

Drivers Under 18

If you are convicted of a demerit-point traffic violation committed when you were under age 18, you will be required to satisfactorily complete a driver improvement clinic. If you do not satisfactorily complete the clinic within 90 days, DMV will suspend your permit or license until the clinic is completed. After your second demerit point conviction if the violation was committed when you were under age 18, DMV will suspend your permit or license for 90 days. After a third demerit point conviction if the violation was committed when you were under age 18, DMV will revoke your permit or license for one year or until you reach age 18, whichever is longer. You will be required to attend a driver improvement clinic for safety belt and child restraint violations as well as demerit-point convictions. You will receive five safe driving points if you volunteer for a clinic. Safe driving points will not be awarded if clinic attendance was required by DMV or a court. A computer-based driver improvement clinic will not satisfy a driver improvement clinic requirement. You must satisfactorily complete a clinic that provides classroom instruction.

Drivers Age 18 and Over

If you are age 18 or 19, you will be required to complete a driver improvement clinic after your first demerit point conviction if the violation was committed while you were under age 20 (including safety belt and child restraint violations). If you are 18 and older and you accumulate eight demerit points in 12 months (or 12 points in 24 months), you will receive an advisory letter that cautions you about the consequences of violating the law. If you accumulate 12 demerit points in 12 months (or 18 points in 24 months), you will be required to complete a driver improvement clinic. You must enroll in and satisfactorily complete the driver improvement clinic within 90 days. If you accumulate 18 demerit points in 12 months (or 24 points in 24 months), your driving privilege will be suspended for 90 days. Additionally, you must complete a driver improvement clinic before your privilege will be restored. Once your privilege is restored, you will be placed on a six-month probation. If you are under age 20, a computer-based driver improvement clinic will not satisfy a driver improvement clinic requirement. You must satisfactorily complete a clinic that provides classroom instruction. A driver improvement clinic will put you back on the road to safe driving When you satisfactorily complete a driver improvement clinic, you'll learn defensive driving techniques that can help you avoid and prevent crashes. These eight-hour classroom sessions cost no more than $75 and are offered at sites around the state and as a computer-based course on the Internet. Contact the court to be sure it will accept a computer-based course. Also, if you are under age 20, you must enroll in a clinic that provides classroom instruction. If DMV requires you to attend a clinic, you must complete the entire eight-hour course. If you fail to satisfactorily complete the clinic within 90 days, your driving privilege will be suspended until you meet this requirement. If you are attending college outside of Virginia or you are a member of the military or a military dependent and stationed outside of Virginia, you may be eligible for an extension of the 90-day requirement. The extension will be granted only if you are in an area where no approved clinics are offered. The extension will last until a break in your schedule. If you hold a commercial driver's license (CDL) or committed an offense while operating a commercial motor vehicle, and you are required to attend a driver improvement clinic, you must satisfactorily complete a commercial driver improvement clinic designed specifically for commercial drivers. If you are 18 or over, you may be awarded five safe driving points after you successfully complete a driver improvement clinic. If a court requires you to complete a clinic, the court determines whether you will be awarded safe driving points. Insurance companies may offer premium discounts to policyholders under 55 years of age who complete a DMV-approved driver improvement clinic. Check with your agent to see if your insurance company offers this benefit. If you take a driver improvement clinic to reduce your insurance premium, you will not be eligible to receive safe driving points. If a court assigns you to complete a clinic, you will not be eligible to receive the insurance premium reduction.

Drivers on Probation

If you are convicted of a traffic offense that was committed while you were on probation, your driving privilege will be suspended. The suspension period depends on the number of demerit points assigned for the violation.

• 3 point violation = 45 day suspension

• 4 point violation = 60 day suspension

• 6 point violation = 90 day suspension

Once you complete the suspension period, you will be placed on probation for another six months.

If you are convicted of a traffic offense that occurred while you were on probation for the first time, you may request DMV to grant you restricted driving privileges. If you violate a second or subsequent probation, DMV will grant you restricted privileges only if the probationary period during which the violation occurred was immediately preceded by a control period (an 18-month time period during which your driving record is monitored).

Restricted driving privileges granted by DMV allow you to drive only

• to and from your place of employment,

• during employment hours only if driving is a required part of your job,

• to and from school if you are a student,

• for medical treatment, including necessary transportation of an elderly parent,

• to transport your minor child to and from school, day care or for medical treatment; or

• to and from a court-ordered visitation with your child.

Restricted driving privileges are not available to operate a commercial motor vehicle.

Drivers Under Control Period

If you receive demerit points for a violation during the 18-month control period, you will be placed on six months probation. Once you successfully complete the control period, you will exit the Driver Improvement Program.

Library for Traffic Law Violations:

Case Results for Traffic Law Violations:

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