TRAFFIC OFFENSES
Speeding, DUI, reckless driving, driving while suspended and other offenses are serious traffic offenses and you should consult counsel if you are charged with one. These offenses are often treated as misdemeanors punishable by fines and jail for up to a year. Even a minor conviction can add negative“points” to your driving record and increase the costs of your auto insurance. Multiple “minor” offenses will lead to DMV suspending your license.
Some violations have enhanced penalties such as loss of your license, mandatory minimum jail time, mandatory alcohol or safety programs, ignition interlocks and/or restricted driving privileges. These convictions affect the cost and type of auto insurance you must buy and repeat offenses become felony charges. Here are a few:
DRIVING UNDER THE INFLUENCE
This offense is not defined as “drunk driving” instead it is operating a motor vehicle while your blood alcohol content is above a legal limit. You are then conclusively presumed to be “under the influence” of alcohol. DUI is also applicable if you are under the influence of drugs or narcotics.
The permitted alcohol level is .08 for adults. For those under 21 or engaged in certain professions - airline pilot, bus driver, etc. the restrictions are even tighter. Enhanced penalties apply if you are convicted with a very high blood alcohol content, if it is a repeat offense, or if you have children in the car.
DRIVING WHILE SUSPENDED
Your license can be suspended for unpaid fines, unpaid child support, unpaid taxes or for other traffic offenses. If convicted of driving while suspended it can mean jail time. It also often results in an additional license suspension.
Some convictions allow you a restricted license but if you drive outside your restricted area, that too is considered driving while suspended. If caught you could have your car seized, your restricted license revoked and jail time imposed.
Speeding, DUI, reckless driving, driving while suspended and other offenses are serious traffic offenses and you should consult counsel if you are charged with one. These offenses are often treated as misdemeanors punishable by fines and jail for up to a year. Even a minor conviction can add negative“points” to your driving record and increase the costs of your auto insurance. Multiple “minor” offenses will lead to DMV suspending your license.
Some violations have enhanced penalties such as loss of your license, mandatory minimum jail time, mandatory alcohol or safety programs, ignition interlocks and/or restricted driving privileges. These convictions affect the cost and type of auto insurance you must buy and repeat offenses become felony charges. Here are a few:
DRIVING UNDER THE INFLUENCE
This offense is not defined as “drunk driving” instead it is operating a motor vehicle while your blood alcohol content is above a legal limit. You are then conclusively presumed to be “under the influence” of alcohol. DUI is also applicable if you are under the influence of drugs or narcotics.
The permitted alcohol level is .08 for adults. For those under 21 or engaged in certain professions - airline pilot, bus driver, etc. the restrictions are even tighter. Enhanced penalties apply if you are convicted with a very high blood alcohol content, if it is a repeat offense, or if you have children in the car.
DRIVING WHILE SUSPENDED
Your license can be suspended for unpaid fines, unpaid child support, unpaid taxes or for other traffic offenses. If convicted of driving while suspended it can mean jail time. It also often results in an additional license suspension.
Some convictions allow you a restricted license but if you drive outside your restricted area, that too is considered driving while suspended. If caught you could have your car seized, your restricted license revoked and jail time imposed.
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PROCEDURES AND PUNISHMENTS
When traffic offenses are repeated, or when you face more serious charges you will be prosecuted through the criminal system.
Misdemeanors are offenses punishable by up to twelve months in jail and/or $2,500 fine (Class One) down to the lowest misdemeanor (Class Four) punishable by a $250 fine.
Misdemeanors are heard in General District Court and you can appeal the decision to Circuit Court for a new trial. The evidence will be heard all over again by a new judge.
Felonies, originally defined as a crime punishable by more than a year in jail, range in Virginia from a Class 6 – punishable by $2,500 fine and/or up to 12 months in jail, to a Class 1- punishable by up to life imprisonment or even death.
Felonies are often submitted to General District Court only for a preliminary hearing - to determine if there is enough evidence to go further. If so, then it is submitted to a grand jury and sent thereafter to Circuit Court for trial. Felonies can, however, can skip General District Court and go straight to the Grand Jury and then on to the Circuit Court docket if the Commonwealth Attorney chooses to go that route.
Circuit Court trial decisions can be appealed to higher courts but only to review the proceedings and determine if mistakes (reversible error) occurred. These appeals are not new trials, and new evidence is seldom allowed.
The Law offices of
PAUL BUCKWALTER
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian Va, 23112
804/744-8744
paultb@paulbuckwalter.com
PAUL BUCKWALTER
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian Va, 23112
804/744-8744
paultb@paulbuckwalter.com
The information contained herein is not a substitute for personal legal advise. If you have a legal problem you should seek the advise of counsel.
Published by Paul T. Buckwalter - All Rights Reserved
Published by Paul T. Buckwalter - All Rights Reserved