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Is 10mph Over A "Safe" Speeding Limit?

Hampton Roads has an interesting analysis in the Pilot Online about the number of speeding tickets issued for travelling at rates 10mph over the limit or less.

It is widely believed that police are unlikely to pull you over for speeding if you are only going 10mph over the limit, and their analysis appears to bear that out. According to their research, only three tenths of 1 percent of tickets issues where for less than that speeding threshold.

However, that doesn’t mean it isn’t possible. You are probably most likely to get tagged with low grade speeding in school zones with lots of kids around, which makes sense.

Virginia is known for some of the toughest speeding laws in the nation, with criminal charges for driving 20mph over the limit, or over 80mph, known as “reckless by speed“. Reckless driving in Virginia is the same seriousness as a drunk driving charge – a Class 1 Misdemeanor offense.

But it is comforting to know that you are very unlikely to get a speeding citation for under 10mph over the limit. The practical reason for this isn’t so much that the police are just willing to give you a pass. It’s more likely if they want to pull over speeders, it frankly isn’t hard to find people travelling faster than that, so they don’t waste their time with the very minor infractions in most cases.
And it’s certainly true that speedier drivers, especially chronic ones, are a bigger threat to public safely, and more worth the time and effort for an officer to stop them and issue a traffic ticket.

But Virginia is probably the last place that you want to push the limit much beyond that, given the significant legal problems you face when you up the ante.

Gun Crimes In Bars Down Despite New Law That Allows Concealed Weapons

Advocates of a law that took effect last July are demanding that those opposed apologize for raising a stink over potentials that never came to fruition. The law allows licensed concealed weapons carriers to take their weapons into bars and restaurants. Since the law took effect, there has been no noticeable increase in associated crimes as the opponents said there would be. Instead, firearm related crime in these establishments has actually dropped.
According to the Richmond Times-Dispatch major crimes involving firearms in Virginia restaurants and bars actually fell 5.2% in the past year when compared with the prior year when such weapons were not allowed at all. Of those crimes that were committed, the news says they were “relatively minor” and usually involved people who weren’t licensed concealed weapons carriers at all.
When the legislation was pending, opponents said the passing would result in a free for all, with gun crimes in such establishments going through the roof. And while they might be right about guns and alcohol not mixing, the law says those with a concealed weapon can’t drink while in the bar, but merely be present. It doesn’t, however, stop those who carry visible weapons from drinking.
Virginia is now one of 43 states that allow concealed weapons in restaurants that serve alcohol. One supporter of the law and the president of the Virginia Citizens Defense League says the decrease in crime is not surprising and calls it a “big yawn.” “The numbers basically just confirm what we’ve said would happen if the General Assembly changed the law.”
One thing the Times-Dispatch doesn’t point out is that crime overall has declined over the past calendar year. The decrease of firearms offenses in restaurants and bars isn’t likely because of the new law. Instead, the law more likely has had a neutral effect on crime rates.
In Virginia, firearms laws are complex and confusing, particularly when it comes licensed carriers. There are laws pertaining to how you carry your weapon, where you carry it, if you show it, and definitely if you fire it. The penalties for licensed firearms owners are often comparable to those for unlicensed owners. Understanding the differences in these laws and the slight nuances can be difficult for even the most savvy gun owner.
If you are charged with a firearms offense, you need the assistance of a Virginia criminal defense attorney. Contact our offices today to discuss your case and what options may be available to you.

When is a Reckless Driving Charge Not Just A Reckless Driving Charge?

Reckless driving is a surprisingly standard and common offense in Virginia. Even though it is a criminal charge – a Class 1 Misdemeanor, the same as a DUI – it is very easy for the average person to get arrested and charged with reckless driving.

A Reckless driving charge only requires that you drive 20mph over the posted speed limit, or 80mph on highways to result in a criminal charge of “reckless by speed“.
Of course, not all reckless offenses are quite that benign or accidental. The Times Dispatch, in it’s regular Crime and Police News Section, reports on an incident where a person allegedly runs through a red line, and then attempts to run from the police.
He was ultimately stopped after an extended chase involving multiple police departments. One of which laid down a spike strip to blow out the tires and cause the car to stop.
He was arrested for both reckless driving and eluding police, a felony criminal traffic offense.
Of course such an incident is far from typical. Judges see reckless driving defendants every day in Virginia courts, and very few are quite this dramatic.
Most are average citizens who may have been driving a bit to fast, but never expected to find themselves accused of criminal charges.
Fortunately, our attorney can very often help get these charges reduced to non-criminal offenses, like a regular speeding ticket, or improper driving.
This legal representation costs far less than the fines and fees you would face if you are convicted of reckless driving. And many judges absolutely will convict you of the charge. In some jurisdictions, with particularly cranky judges, you are at real risk of a night or two in jail, just for driving a bit too fast!

It makes sense to consult with a Virginia defense attorney who regularly defend reckless charges to find out what your options are for getting rid of this legal problem as painlessly as possible.

Jail Time for Reckless Driving

Virginia is know for the toughest reckless driving penalties in the country, and Virginia judges certainly do issue jail sentences for offenses that would probably just be traffic citations in other states.

But that doesn’t mean some driving isn’t truly reckless, and may well warrant criminal charges and penalties, as one New Jersey man recently found out.
According to Delmarvanow.com he was sentenced to 10 days in jail for driving 110 mph on the Chesapeake Bay Bridge-Tunnel at 2am, with his wife and small child in the car.
The 17 mile long Chesapeake Bay bridge and tunnel is very narrow, and crosses a large opening of the Chesapeake Bay, between Maryland and Virginia. It can be frightening to drive on at posted speed limits, especially when it is windy.
Doing a buck ten on this narrow bridge, at 2am, sounds terrifying, and extremely dangerous. I think it is reasonable to assume that criminal penalties, and even jail time could be the result, even under New Jersey reckless driving laws, which are nowhere near as strict as Virginia.
I think most people who’ve driven on this bridge before would have to agree that driving that fast there sounds crazy.

Reckless Driving for Rolling Through a Right on Red

A new proposed bill could add another marginal traffic violation to Virginia’s reckless driving laws, already the toughest in the nation. According to The Newspaper, HB1993 would criminalize not coming to a complete stop before taking a right turn at at red light.

Virginia drivers already face a Class 1 misdemeanor reckless driving offense for driving 80mph, which is in some cases only 10mph over the posted speed limit.
Criminalizing a rolling stop is another indignation to our besieged motorists.
The reckless driving laws already more than cover this situation if it result in an actual accident, or near miss, and creates a serious danger or risk of injury.
But presenting someone with a criminal citation for drifting through a red light making a right turn, if no one is around is an extreme overreaction.
If enacted, this offense could result in fines of $2500, a six month license suspension, 6 points on your driver’s license, and even jail time. And there are absolutely judges in Virginia courts who will hand out jail time for reckless convictions.

Reckless Driving on a Bicycle Law?

Apparently, Virginia State Senator Creigh Deeds is introducing a bill to make reckless driving on a bicycle a separate law.
It is certainly true that you can “drive” recklessly on a bike. There was a horrible hit and run on a bike case in DC that I think it still unsolved. A rider stuck and killed an elderly pedestrian.
But the question is, why does this need a separate statute? As via Blacknell points out, reckless on a bike appears to be already covered within the existing reckless driving statute.
Kind of a mystery.
—
Update: Via ridesolutions quoting Senator Deeds’ legislative aide, the reasoning appears to be that :

“…a separate section of the code with a lesser fine would be more appropriate.”

Makes more sense now.

Drug Charges for Mom When Son Mailed Marijuana to House

What happens when a son has six pounds of marijuana mailed to his mom’s house where he lives? It can mean that mom gets charged with felony drug trafficking/intent to distribute, which is exactly what happened to one Virginia Beach family.
The son admitted to the crime and has pleaded guilty to possession of marijuana with intent to distribute, and said that his mom was not involved.
However, she remains convicted of drug charges as an accessory after the fact, which presumes that she knew what had happened. She is still currently suspended from her teaching job while fighting the charges on appeal.

Will “Spice” Be Banned In Virginia?

“Spice” is the latest legal way to get high for many students and young adults. It’s created using chemicals on a legal plant and then smoked for its intoxicating effects, and is considered something akin to a “synthetic marijuana”.
According the Virginia State Crime Commission, the substance is banned in at least three other states and Virginia may be next. There is no word on whether the name itself is derived from the novel Dune.
The problem with “spice” is in the health risks, according to supporters of criminalizing the substance. The American Association of Poison Control Centers states that in this year alone, they have received about 1,800 calls about the substance—70 of those coming from Virginia.
Nausea and seizures are among the potential side effects, though it doesn’t seem that anyone has had a fatal reaction. While I’m not suggesting we wait for someone to die before it’s criminalized, I am simply pointing out that there are far more dangerous legal substances currently on the market with no bans in place.
The substance is marketed as incense and usually involves spraying a number of chemicals on dried leaves like catnip. Makers of K2 and other forms of spice state it is not meant to be smoked and they cannot control what their consumers choose to do with it.
The high this substance provides is said to be similar to a marijuana high and this is why it’s commonly called a “synthetic marijuana”. It can be purchased at tobacco shops and other unique gift stores and “head shops”.
State legislators in Virginia are discussing banning the substance and there’s a good chance it will happen. Six bills have been introduced which would make spice illegal, criminalizing the chemical ingredients responsible for the resulting high rather than criminalizing the brand name or finished product.
There’s no indication how the substance would be classified or what the penalties would be for being found in possession of such a substance. If banned, the new possession laws would likely take effect later in 2011.
Critics are more concerned with adding another substance to the list of drugs already outlawed. While smoking spice might not be a smart idea, criminalizing it shouldn’t be the first line of defense. In a system that is losing the “War on Drugs” and incarcerating more people each day for nonviolent crimes, adding to the counterproductive laws doesn’t seem like a smart solution.
There’s a good chance spice will be banned here and throughout the country as the “tough on crime” approach still has the country in a headlock. We’ll just have to wait and see how the situation plays out in the legislature this upcoming session.
If you are charged with any sort of possession or distributing drug charge in Virginia, I can help. Contact our offices today for a free consultation on your case.

Reckless Driving By Passing a School Bus Loophole

One clever defendant and his attorney found a crazy loophole to beat a specific type of Virginia reckless driving charge.

You can be arrested and charged with misdemeanor criminal reckless driving for all kinds of behavior, from speeding over 80mph or 20mph over the posted speed limit to other types of dangerous or reckless driving, not moving over a lane when emergency vehicles are parked on the road, and countless other actions behind the wheel.
According to the Washington Post, this particular legal strategy hinges around some strange wording around the statute for reckless driving for passing a stopped school bus.
The exact wording in the Virginia Statue is:

“A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children.”

This wording of the reckless driving law was changed in 1970 for some reason, and it removed the word “at”.

So the case was won by arguing that he did not “fail to stop the school bus” which was already stopped.

The judge didn’t agree with the prosecution’s argument that the intention of the law was clear.
No doubt this law will be corrected and clarified by the Virginia legislature as soon as possible.

Frankly, I’m surprised this has been in the law for 40 years, and this is the first time someone has challenged the legal wording.

Increased Patrols on Virginia Highways Through Holiday Weekend

Virginia State police have announced increased police patrols and presence on the highways from now until the end of the holiday weekend.

In a multi-state effort as part of the Combined Accident Reduction Effort (CARE), the VSP will have extra officers looking for impaired and drunk diving, distracted driving, reckless driving, speeding, and seatbelt violations.
Extra police efforts on the roads are commonplace during holiday weekends, and are often funded by federal highway programs.
As alway, be careful on Virginia roads, and obey all traffic laws during this busy travel time.