Newport News Traffic Lawyer
Being charged with a traffic crime in Newport News, Virginia, can be serious. Depending on the crime, penalties include possible jail time, the suspension or revocation of your driving privileges, and/or substantial fines. An experienced Newport News traffic lawyer by your side will help advance a strong defense on your behalf while looking for ways to mitigate your penalties or even have your case dismissed.
Traffic Crimes in Newport News
In Virginia, traffic crimes include driving under the influence and reckless driving.
Driving Under the Influence
Because driving under the influence (DUI) is a crime that Virginia takes very seriously, it’s important that you contact a Newport News traffic lawyer if you’ve been charged. Virginia Code section 18.2-266 prohibits any person 21 years of age or older from driving a motor vehicle while they have a blood alcohol content (BAC) of 0.08% or higher or are under the influence of any drug to the extent that it impairs their ability to operate a vehicle safely.
While the BAC level of 0.08 is Virginia’s standard presumption that the driver was under the influence of alcohol, section 18.2-269 makes it is possible that a BAC higher than 0.05%, but lower than 0.08%, can be used together with other evidence to determine whether the driver was guilty of driving under the influence.
However, section 18.2-266 also states that any person under 21 years of age having a BAC of 0.02 or higher is guilty of illegally consuming alcohol. A conviction for illegally consuming alcohol carries, under section 18.2-266, a penalty of a class 1 misdemeanor punishable by up to 12 months in jail, a fine ranging from $500 to $2,500, or 50 hours of court-ordered community service, and a suspension of driving privileges for at least one year. Section 18.2-269 presumes that a driver was under the influence if he or she has consumed 0.02 milligrams or more of cocaine; 0.1 milligrams or more of methamphetamine, 0.01 milligrams or more of PCP, or 0.1 milligrams or more of MDMA.
Penalties for Driving Under the Influence
Penalties for driving under the influence in Virginia are determined by several factors, including:
- How many DUI convictions a person has had within the last five to 10 years
- The level of a person’s BAC
- Whether a minor was in the vehicle while driving under the influence
If this is your first offense for driving under the influence, section 18.2-270(A) outlines a penalty of up to 12 months in jail along with a fine ranging from $250 to $2,500. However, if your BAC was as high as 0.15% but lower than 0.20%, then an enhanced penalty of an additional five days in jail will be imposed. If your BAC was 0.20% or higher, then you stand to incur an enhanced penalty of an additional 10 days in jail.
If you have prior DUI convictions, your possible penalty stands to increase. Section 18.2-270(B) states that if you have been convicted of driving under the influence twice within the last five years, you will face one month to one year in jail, a fine ranging from $500 to $2,500, and an enhanced penalty of a mandatory minimum of 20 days in jail.
If you have been convicted of driving under the influence twice within the last 10 years, you will face one month to one year in jail, a fine ranging from $500 to $2,500, and an enhanced penalty of a mandatory minimum of 10 days in jail.
If you have been convicted of driving under the influence three times within the last 10 years, then your penalty will increase to that of a class 6 felony. In Virginia, a class 6 felony is punishable by a 90-day minimum sentence along with possible penalties of one to five years in prison and a $1,000 fine or, at the court’s discretion, 90 days to 12 months in jail and a fine ranging from $1,000 to $2,500.
If you have been convicted of driving under the influence three or more times within the last 10 years, contacting a Newport News traffic lawyer is even more important as you stand to face a penalty of one to five years in prison and a fine of $1,000.
If it is found that you had been transporting a minor in your vehicle while driving under the influence, section 18.2-270 states that an enhanced penalty of an additional five-day mandatory minimum sentence and a fine between $500 and $1000 be imposed.
Reckless Driving
In Virginia, reckless driving is generally defined by section 46.2-852 as driving a vehicle recklessly or at a speed or in a manner that endangers another person’s health or property. This includes driving a vehicle with too many passengers to the point where the driver’s view is obstructed.
Reckless Driving Penalties
In addition to any enhanced penalties, a reckless driving conviction will be accompanied by a mandatory penalty of six points on your driver’s license, which will remain on record for 11 years.
Section 46.2-868(A) classifies reckless driving as a class 1 misdemeanor, which is punishable by up to 12 months in jail and/or a fine up to $2,500. This penalty can increase to that of a class 6 felony if you were found to be driving recklessly while not a licensed driver, and your recklessness caused the death of another person, with one to five years in prison or a lesser penalty of up to 12 months in jail and/or a fine in excess of $2,500.
Driving recklessly while using a handheld device will enhance your penalty by imposing a mandatory $250 fine in addition to the class 1 misdemeanor penalty.
Virginia Department of Motor Vehicles
Virginia’s Department of Motor Vehicles can impose its own penalties on top of any that you may be given by a court.
If you are convicted of a traffic crime in Virginia, the Department of Motor Vehicles will be notified and will subsequently add points to your driving record. Points can be added for:
- Failing to pay court fines
- Failing to complete required driver improvement clinics
- A reckless driving conviction
- Failing to satisfy a judgment originating from a vehicle crash
As you accumulate points, the chances of your driving privileges being suspended, revoked, or disqualified increase. Furthermore, if your driving privileges do become restricted, it important that you honor the restriction and stay away from the driver’s seat. Virginia considers the act of driving without a valid license to be serious. Doing so will result in the prolonging of your already established penalty.
Contacting a Traffic Lawyer in Newport News
Being charged with a traffic crime is serious as you could be facing significant jail time and substantial fine amounts. Thus, such a charge requires experienced legal guidance.
The traffic penalties in Virginia can be harsh, but they depend upon the details of your case and how well your attorney knows the law. An experienced Newport News traffic lawyer can build a strong defense that will help put you in a position to receive a positive result in your case. Often, DUI and reckless driving cases come down to subjective specifics. An experienced Newport News traffic lawyer can help determine whether the specifics used to charge you with the crime are legitimate and whether there is evidence to support your defense.
If you are currently facing a traffic charge in Virginia and would like to consult with an experienced Newport News traffic lawyer, please contact our firm.
