New VA Law Allows 70mph Speed Limits, But Nothing Raised Yet

Governor McDonnell signed into law a change that will allow maximum speed limits on Virginia Highways from 65 to 70mph.
But, "Not so Fast" is the watchword for Virginia motorists looking to shave a little time off their drive, or have a little extra cushion before speeding violations and even reckless driving citations become a threat.
The law as written allows the VDOT to review certain stretches of highway and decide if they deem them safe for a speed limit increase, but no speeds have been raised as yet. The Virginia Department of Transportation has said it intends to heavily scrutinize and study any eligible stretch of highway before making any changes.
If, eventually, some parts of I-81 are raised to a new 70mph limit, some legislators have indicated they would be open to making changes to parts of Virginia's tough reckless driving laws. Current law makes it a class 1 Misdemeanor criminal offense to drive over 80mph. Another section of the reckless driving law makes it a crime to drive 20 mph over any posted speed limit.
Logically, most people would agree just 10 mph over the legal limit shouldn't be a criminal and jail-able offense.
It's still all speculation, but it is good news that the Commonwealth is at least considering some rational changes to our speeding and reckless driving laws.

More on Driving I-81 Dangers

As we noted before, I-81, especially near Page and Shenandoah counties is a dangerous road. This has been recognized by the Virginia Department of Transportation, and today's comments about a reckless driving charge for a truck driver who fell asleep add some extra food for thought.

Due to budget cuts, rest areas have been closed, and it is illegal to pull over on the side of the road to sleep. This may have been a significant factor in the accident after the driver fell asleep at the wheel.

Fortunately, there was no one was harmed in this incident. But when you take roads that VDOT and the Virginia State police know to be dangerous, and make them more dangerous due to short term budget constraints, you are toying with public safely in a disturbing way.

Mistake in Allowing Reckless Charge Dismissed For Commerical License

A judge in Richmond is under fire for allowing a reckless driving charge for a commercial bus driver to be dismissed after completing a driving school program. That bus driver is facing new charges for reckless driving after hitting and killing a pedestrian with her bus.

Under the law, if a person has a commercial driver's license in Virginia, they are ineligible for a reckless driving offense dismissal after attended driving school, under a law passed in July 2008. The original reckless driving incident occurred in May of this year.

Though the defendant clearly checked off that she had a commercial driver's license, the judge still allowed her to take a Second Chance Driving Improvement Clinic. After satisfying the terms of the driving class, on Sept 10th, the reckless driving charge was dismissed on Sept 30th.

The defense attorney quoted indicated that is it not uncommon for judges to miss laws that have been recently passed, especially when the facts of those laws come up infrequently.

If the reckless driving offense had stood, and she had not been allowed the opportunity for the dismissal, she likely would have lost her job as a driver for the GRTC Transit System. However, she also violated company policy by not notifying her supervisor of the reckless driving charge.

It is certainly possible that she would have been fired from her job if she had followed that procedure, and if the judge had refused to allow for the dismissal, she would have lost her driver's license and not been driving.

Whenever there is a tragedy like this, people are always looking for someone to blame. It is impossible to say what would have happened in either of those cases, but it is clear that multiple administrative failures led to a circumstances where someone was killed.

Virginia Court of Appeals Says Improper Driving not part of Reckless by Speed

Via VALawyersweekly, the Virginia Court of Appeals determined that Improper Driving is not a lesser included offense of Reckless Driving, and therefore it was legal to charge the person with both reckless driving and improper driving.

In the Appeals Court case, the attorneys argued that the woman should not have been charged with both offenses, since as a lesser included offense, it would be like being charged twice for the same action. For example, you can't be charged with both grand larceny and petite larceny for stealing the same item.

The court rejected that argument, saying the law was specific and clear that reckless driving by speed is merely the act of driving over 80mph, and improper driving requires "slight culpability", which reckless does not. They stated that it was entirely possible to be charged with reckless, but not be driving "improperly".

This ruling has no particular bearing on the common plea bargain in reckless driving cases where a judge allows a defendant to plead guilty to a lesser, non-criminal offense of improper driving.

Fines Going Up on I-81?

According to an article in the Daily News Record, there is an effort to designate part of Interstate 81 in Page and Shenandoah County as a Highway Safety Corridor, due to some recent serious accidents.

If approved, the designation of a Highway Safety Corridor by the Virginia Department of Transportation, the Commonwealth would impose doubled fines for speeding, reckless driving, and other traffic citations in that area. There is a full analysis process that must be completed before such a designation is approved.

There has been spate of serious accidents along that stretch of I-81, many involving tractor trailers, whose drivers are a primary target of Highway Safety Corridor enforcement penalties.

Reckless driving fines range from $300-$500, so doubling that fine is significant. Of course, a reckless driving offense is also a criminal charge, so the implication of a reckless conviction are far beyond the substantial costs involved.

UPDATE: Another good story on this stretch of -I81 and the rate of accidents in the Northern Virginia Daily here.

Running the numbers on Hiring an Attorney for a Reckless Driving Citation in Virginia

Many people faced with reckless driving wonder if it is worth the money to hire an attorney.

For the least serious reckless citations, (reckless by speed / speeding over 80mph), the ticket is probably $500 or less by itself. However, you can also expect points on your license, and possibly several thousand dollars in insurance hikes.

Not to mention the personal cost to you and future impact on your life that admitting to a criminal conviction may have.

And for some reckless driving offenses, there is a real risk of jail time in many counties and courts in Virginia, including Fairfax.

An attorney can, in many cases, get criminal charges dropped to civil penalties, saving you thousands, or even get your charges completely dismissed.

Of course every case is different, and no attorney can guarantee you any result. But we will give you an honest assessment of what we think your chances will be in court.

We'll run the numbers with you, quote exact legal fees, and estimate our chances of successfully fighting your case.

After a free consultation, you can decide for yourself if you think having an attorney fight your reckless driving charge is a smart investment.

Thousands of Motorists Across Virginia Charges and Cited in Traffic Crackdown

Over the July 9-10 weekend, the Virginia State Police ticketed over 8000 motorists in another installment of "Operation Air, Land and Speed". The massive effort and enhanced patrols across Interstate 95 and 81 also resulted in more than 700 criminal citations for reckless driving, as well as drug violations, DUI charges, and felony arrests.

The Superintendent of the Virginia State Police made the claim that they wish there were no police traffic stops, since that would indicate that all drivers were observing posted speed limits and maintaining safe driving habits. But that claim is hard to believe, given that number of citations raises about a million dollars for the state. Not to mention the hours of police overtime (paid for by the federal government) that these extra police patrols generate.

If you are caught up in one of these enhanced traffic enforcement campaigns, or face any Virginia criminal traffic charge, please contact us today for a legal case evaluation, and an honest assessment of what you can do to protect your record, your driver's license, and your wallet.

Good Article on Virginia's "Move Over/Slow Down" Reckless Driving Law

Here is a well written and clear explanation of what is commonly refereed to as the "Move Over/Slow Down" law in Virginia.

This confusing and commonly misunderstood law says that if there is an emergency vehicle with lights flashing in the right lane/breakdown lane on a highway, a driver must move over one lane unless unsafe to do so, in which case he must "proceed with due caution".

Merely "slowing down" is not sufficient, and may result in a criminal charge of reckless driving under Virginia statute § 46.2-921.1 if a police officer questions your decision. Whether or not it was "unsafe" for you to move over will be a decision for a judge, and the wrong decision could result in jail time, license suspension, and a criminal record.

Very few Virginians truly understand this complicated distinction, and the consequences and serious criminal penalties that can result.

The word to the wise is - make every effort to always Move Over a lane on the highway with a police car on the side of the road. If you don't, your judgment can always be questioned. You don't want to be in a position of depending on the temperament of the officer and the judge in court, since those calls won't always go in your favor.

And, of course, you'll want a good reckless driving defense lawyer on your side if you find yourself in court.

More on Virginia "Move Over" Law

As we've noted before, Virginia has a tough law that requires you to either slow down or move a lane to the left, when an emergency vehicle is parked in a breakdown lane with lights flashing.

Current reports indicate that many people are unaware of this law, or are not clear exactly what the criteria is, and how to correctly comply. And undoubtedly, most Virginians are unaware of how strict this law is enforce, and the serious penalties that can result from this criminal citation.

Failing to move over or slow down is a reckless driving offense under Virginia law (46.2-921.1). A reckless driving charge can result in up to a year in jail and a 6 months license suspension, as well as $2500 in fines and fees for this Class 1 Misdemeanor offense.

The law was passed as a way to increase the safely to police officers when they stop a vehicle in the breakdown lane. Under the statute, a driver must make a attempt to move over to a left lane on a 4 lane highway. If that is not possible for traffic or safety reasons, or if it is a 2 lane highway, the driver must slow down to a safe speed. However, it is not explicitly stated in the law how much the driver must slow down.

For this reason, police can cite you with this criminal citation even when you thought you were making your best effort to comply with the law. It is a subjective call, and that decision can be costly and affect your entire life.

Statistics cited indicate that 71% of citizens are unaware of the slow down/move over law.

If you've been charged with reckless under the "move over" law in Virginia, please contact our attorneys today for a free case evaluation. We'll go over your options, and help you decide the best way to avoid the serious penalties associated with this criminal offense.

Reasons for a Reckless Driving Stop: Jealousy, or 105mph Speed?

I ran across an amusing post on a message board asking for help on a reckless driving ticket in VA.

Hey guys, I ran into some bullsh*t cops today on I95. I was apparently going 105mph in a 55mph zone. I think the cops were just jealous of my modded Honda Civic, so they decided to pull me over. It was total bullsh*t man. They've probably never even seen Fast & Furious. There was like nobody on the road, except the people behind me that I was passing. I am so pissed. They said it was reckless too!

What should I do? Hire a lawyer? Hire an attorney? Try to sue the cops for lying? It was really embarrassing to have to pull over for these idiots. It's like they have nothing better to do. Should I just ignore it? What's the worst that could happen? I don't want to have to pay for this fine. If I ignore it will it just all go away? I just want to close my eyes and make it all go away....Please, anyone out there? Helloooooo?

Maybe this is a fake plea, but it is entirely plausible that there are people this young and ignorant on the roads.

It is amusing to think that someone might suspect "jealousy" as a motive for a police stop, over the less emotionally dramatic, but more practical possibility that the cops decided to pull him over because he has traveling 50mph OVER the posted speed limit.

For that kind of speed, it will likely take some fairly miraculous lawyering and judge on painkillers to keep him out of jail. Most of the time 90+mph is plenty for an invitation to be a guest of the Commonwealth for a few days, and over 100mph is asking for an extended stay.

And some Virginia judges are perfectly willing to require some jail time for ANY reckless driving charge of any speed.

For any criminal offense, it makes sense to consult with an experienced Virginia defense attorney. Just because the incident resulting in a traffic citation, and not an arrest on the spot, doesn't make it any less serious. Reckess driving is a criminal offense, as serious as a DUI. Any Class 1 misdemeanor conviction is a serious black mark, resulting in a criminal record that can haunt you for years, and possibly the rest of your life.

So take advantage of a criminal defense case evaluation. Even talk to several different attorneys if you need to, in order to find the attorney who gives you the best advice, and really knows what he or she is talking about.

And, no, a criminal citation for reckless driving in Virginia will absolutely not "go away" if you ignore it. Be smart, and deal with something like this as quickly and aggressively as possible. Because there is often a lot you can do to help yourself and get charges significantly reduced.

Speeding & Reckless Driving Crackdowns in Virginia

One wonders what prompts news reports of enhanced enforcement of traffic violations and reckless driving laws in Virgina.

Is there any difference between enhanced enforcement and regular patrols? If so, what factors invoke the need for extra efforts in these safety enforcement operations that the Virginia state police is so fond of publicizing?

It is understandable that press releases make news, and may help drivers think twice about their careless driving, and the impact it will have.

But it is it just publicity, or are there actual extra patrols unleashed at certain times? Because the publicity effect and value is probably the same whether enforcement efforts are really any different.

Just an honest question.

But, from this news we did learn that:

• On 1-64, the ratio of regular speeding tickets to criminal reckless driving citations is just under 7 to 1 (1700/251).
• While on I-66, the speeding to reckless citation ratio is 5 1/2 to 1 (680/123).
• Some small percentage of traffic stops result in felony drug charges.

What does it all mean? Does any of this really inform a driver's behavior? Or is it column filling pseudo info for newspapers, and busywork for the state police public relations department.

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If you are stopped for reckless driving or arrested and charged with a crime in Virginia, please contact our attorneys for a free case evaluation and consultation.

Reckless Driving Enforcement in Albermarle County

The Albemarle County Virginia sheriff's has announced aggressive reckless driving enforcement and patrols along Seminole Trail (Route 29) in Albemarle County. Drivers along this road are said to routinely ignore posted speed limits of 45 miles per hour, and the number of incidents of traffic accidents are high.

Everyone is supportive of safer roads, but there are parts of this road where it is very easy to naturally gain speed. And given that speed limits along route 29 were recently lowered, there are going to be a lot of Virginia drivers just making an honest mistake who end up with a criminal reckless driving charge.

At the bottom or the article is a strange and possibly telling note: that police also intent to use these vehicle stops to check drivers and vehicles for "secondary violations", which include seat belt violations, equipment problems, and as mention in the video, impaired driving, in addition to speeding or reckless driving by speed.

I wonder exactly what equipment violation would count as a secondary violation? Under the law, a broken tail light or an expired inspection would be a valid primary reason for Virginia police to pull you over. So what else are they hunting for?

Given that reckless driving charges are a significant revenue source for the government, one has to be suspicions that these reckless driving enhanced enforcement patrols are at least partially influenced by a desire to pick up some extra money in a difficult economic environment. And that is a tough thing to do when Virginians, like all Americans are struggling with their own family's economic and job security.
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If you are charged with the crime of reckless driving in Virginia, contact our attorneys for a free consultation. We'll let you know how we can often get your charges reduced to a civil penalty, saving you thousands in fees and insurance costs, and keeping you from getting a permanent criminal record.

The consultation is free, with no further obligation.

Aggressive Reckless Driving Ticketing on Virginia's U.S. 29 Bypass

Virginia police are providing fair warning about aggressive enforcement of driving laws on the U.S. 29 bypass in Amherst, VA. Police are issuing lots of speeding, traffic violation, and criminal reckless driving citations on this road, known for high speed aggressive drivers.

One common reckless driver profile is of students at Liberty University in Lynchburg, racing back to beat the midnight curfew. These students are often from out of state, and don't consider how severe Virginia's reckless driving penalties are.

This ignorance can easily lead to a couple of nights spent in a jail after a high speed reckless driving conviction, thanks to some tough Virginia judges.

Enforcement is going to be further increased as the Amherst County Sheriff’s Office adds new traffic enforcement units with high tech radar monitoring, and fast police vehicles to track down speeders. Specific areas to be patrolled include Virginia route 130 and U.S. 501 and US 60.

Many observers suspect that some of this stepped-up enforcement is partially due to a desire for the increased local revenue these expensive citations bring in, especially when most municipalities are experiencing budget shortfalls.

Regardless of the reasons, behind them, these aggressive patrols will likely continue, so it makes sense to slow down and be careful.

But if you do get busted for a criminal traffic citation, you'll need the help of an experienced Virginia reckless driving defense lawyer.

Virginia Reckless Driving: Emergency Vehicle "Move Over Law"

You can be charged with reckless driving in Virginia for violating what is known as the "move-over law". Under this little-known Virginia traffic law, you are required to move over one lane to the left if you are on a multiple lane highway, and there is an emergency vehicle (police, fire, ambulance) with lights flashing at the side of the road.

If for some reason you are unable to move over safely, or it is only a 2 lane road (one lane in each direction), the law requires to you slow down and proceed with caution.

The reason for this law is primarily the safety of police officers and other emergency safely workers. It is to ensure that they have enough safe distance to do their jobs safely while near from high speed traffic.

That is understandable and reasonable, but it is a simple fact that most Virginia drivers are unaware of this regulation, and of the seriousness of a criminal citation that can result. While being unaware of this requirement is no defense against the criminal charge of reckless driving, an experienced defense lawyer can often get the charge reduced to a non-criminal offense.

In any reckless driving case, the primary goal is to keep you from getting stuck with a criminal record. However, there are some Virginia judges who will insist on jail time for a reckless conviction, so a defense lawyer can be crucial to protecting you from extreme penalties.

In addition, getting your charge reduced can save you significant fines, and points on your driving record that can result in tremendous increases to your auto insurance rates. In most cases, hiring a defense lawyer and getting criminal traffic charges reduced more than pays for itself, just in the dollars the incident will cost you.

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If you are facing a reckless driving charge in Virgina, please contact us for a free consultation on what we can do to fight this criminal charge, and keep your record clean.

Hampton Roads, VA Targeted for Traffic Offenses

The Virginia State Police announced operation air, land and speed, targeted for the Hampton Roads area. This event consists of stepped up enforcement of traffic regulations, including speeding and reckless driving, expired inspection stickers, and whatever else they can dig up.
You can bet that it means if you are pulled over for any reason this weekend on I-64, I-264, I-464, or I-664, you won't be getting off with a warning. Typically when these events are publicized, they are looking to have some impressive traffic statistics to show for their efforts. And with that comes a significant boost in revenue from fines and fees to the state.
The stated reason for this increased traffic enforcement effort is the increase in traffic fatalities in the Hampton Roads area, which is certainly a worthy goal. But gratuitous criminal citations for the toughest reckless driving laws in the county are unlikely to help anything but a mistrust of police authority.
If you are facing any traffic charge in Virginia, contact us for a free legal consultation.

Virginia Driver with License Plate KAB-xxxx - you're on notice!

Here's a trend to be aware of in this age of infinite data sharing: a user generated complaints board about road rage and aggressive driving, where citizens complain about drivers, and name names! (ok, license plates).
The implications of this are potentially interesting with the massive data searching and analysis tools we all have at our fingertips.
At least this person decided not to call the police. Harmless venting, or pointless whining? You decide.
Here's the posting on this alleged aggressive driver in Danville, VA.

New Virgnia Driver's Licenses Valid for 8 Years

The Virginia DMV announced on its official blog that driver's licenses will now be valid for 8 years for most Virginia drivers. The annualized costs will remain the same, $4/yr.

2/10/08 - A Virginia state lawmaker is proposing a law to make anyone convicted of a single DUI/drunk driving charge install an ignition interlock device in their vehicle as a condition of license reinstatement. Under current Virginia DUI laws, An ignition interlock device is only required in cases where the person blew over a .15 BAC on a breathalyzer, or almost twice the legal limit.

We believe this is a terrible idea. It is absolutely unfair to saddle someone who could even have been under the legal limit with this burden. Or if you made a one time mistake, you have to pay for it with something that could affect your job.

Even more important, there is absolutely no credible evidence that an ignition interlock device does anything to prevent drunk driving in people who are not chronic alcoholics or multiple offenders.

More on Virginia ignition interlock devices here.

More abusive driver fees fallout

8/12/07 - More abusive driver fees fallout, from the Washington Post. A woman feeling labor pains is cited for reckless driving and tries to fight the new fees.

Virginia abusive driving fees

7/24/07 - The Washington Post reports on how abusive driving fees have a punitive effect on the poor, and result in more charges of driving on a suspended license, due to the inability of people to pay the fees to get their licenses renewed. [story]

Abusive Driving Laws and Fines

7/2/07 - Press release on Virginia's Abusive Driving Laws - in effect 7/2/07