Virginia York County Charged Felony Count Possession Child Pornography Intent Distribute Lawyers Attorneys
X, a 25-year-old York County resident, is charged with two felony counts of possession of child pornography and two felony counts of possession of child pornography with intent to distribute. He is being held at the Virginia Peninsula Regional Jail
Prosecution of Child Pornography is on the rise in Virginia
Frequently, innocent possession or receipt of images are being prosecuted by federal prosecutors & state prosecutors in Virginia.
If you have been charged with Child Pornography in Virginia, contact the SRIS Law Group Virginia Child Pornography defense attorneys.
Our Virginia Child Pornography defense lawyers defend cases in both the federal courts of Virginia & the state courts of Virginia.
The VA Child Pornography defense lawyers have the experience and knowledge necessary to defend you against these types of charges.
We have offices in Fairfax, Richmond, Lynchburg, Fredericksburg, Virginia Beach & Manassas.
Fredericksburg City Virginia Traffic Ticket Lawyers
Fredericksburg City Virginia Traffic Ticket Lawyers
Contact an Experienced Virginia Traffic Ticket Lawyer at SRIS, P.C.
Licensed in Virginia, Maryland, D.C., New York, North Carolina, & Massachusetts
Do you need help with a traffic ticket charge in Fredericksburg City, Virginia, or if you need to talk to a SRIS, P.C. Fredericksburg City, Virginia traffic ticket defense lawyer, please give us a call at 1-888-437-7747 or you can contact us via e-mail using the contact form below. Do not take a traffic ticket charge in Fredericksburg City, Virginia lightly.
Fredericksburg Virginia Traffic Ticket Lawyers
Fredericksburg Virginia Traffic Ticket Lawyers
Contact an Experienced Virginia Traffic Ticket Lawyer at SRIS, P.C.
Licensed in Virginia, Maryland, D.C., New York, North Carolina, & Massachusetts
Do you need help with a traffic ticket charge in Fredericksburg, Virginia, or if you need to talk to a SRIS, P.C. Fredericksburg, Virginia traffic ticket defense lawyer, please give us a call at 1-888-437-7747 or you can contact us via e-mail using the contact form below. Do not take a traffic ticket charge in Fredericksburg, Virginia lightly.
Fredericksburg County Virginia Reckless Driving Lawyers
Fredericksburg County Virginia Reckless Driving Lawyers
Contact an Experienced Virginia Reckless Driving Lawyer at SRIS, P.C.
Licensed in Virginia, Maryland, D.C., New York, North Carolina, & Massachusetts
Do you need help with a reckless driving charge in Fredericksburg County, Virginia, or if you need to talk to a SRIS, P.C. Fredericksburg County, Virginia reckless driving lawyer, please give us a call at 888-437-7747 or you can contact us via e-mail using the contact form below. Do not take a reckless driving charge in Fredericksburg County, Virginia lightly.
Virginia Felonies Fairfax Richmond Manassas Beach Lynchburg Fredericksburg
Virginia Felonies
Felonies are typically the most serious crimes in any system of criminal law. A standard definition of a felony is any crime punishable by more than one year in prison or by death. This means that any crime that has a sentence of only a fine or confinement in the local jail is not a felony. Often the offense itself is not labeled as a felony, but the punishment tells the public that the offense is a felony. On the other hand, state codes may label a crime a “gross” or “aggravated” misdemeanor but provide for a sentence of more than one year in the state penitentiary system, thereby ensuring that the so-called misdemeanor is treated as a felony in many respects.
If a crime is a felony, additional criminal procedures apply. The right to a court-appointed attorney in cases where the defendant is too poor to afford to hire a lawyer is usually triggered if the charge is a felony, but not for less-serious crimes. Likewise, whether or not a criminal defendant must be present in court for various parts of the process may depend on whether he or she is charged with a felony. In some jurisdictions, felonies can only be charged upon a grand jury indictment, while lesser crimes can be charged by a written information. Criminal defendants and witnesses can have their testimony disregarded in some jurisdictions by showing a prior conviction for a felony but not for a lesser crime. Finally, many jurisdictions base their “three strikes” laws on felonies but not Misdemeanors. If the offender has been twice convicted of a felony, one more felony conviction will subject him to life in prison.
In addition to differences in procedural criminal law, the substantive law can be affected if a crime is designated a felony. Some statutes make an accidental death a murder if it occurs in the commission of a felony, but if it occurs in the commission of a lesser crime, it is only manslaughter. Burglary is defined at common law as breaking and entering a house for the purpose of committing a felony; if the purpose was not to commit a felony the crime cannot be charged as burglary. The crime of conspiracy may carry a harsher penalty if the offense is conspiracy to commit a felony rather than conspiracy to commit a misdemeanor. Justifiable homicide is sometimes described as a killing to prevent the commission of a felony, although more commonly it is limited to prevention of certain of the most serious felonies.
A person convicted of a felony may have more restrictions on their rights than a person convicted of a lesser crime. In many jurisdictions, felons cannot serve on juries. Often times they lose their right to vote or to practice certain professions, such as being a lawyer or a teacher. Felons may be prohibited from owning guns or serving in the military. Some states have a “three strikes, you’re out” statute which provides that a person who already has been convicted of two felonies may be sentenced to life in prison if he or she is convicted of a third felony.
Examples of some felonies are assault in the first degree or assault that causes serious bodily injury, all degrees of murder, rape or sexual abuse in the first degree, grand theft, kidnapping, embezzlement of large amounts of money, serious drug crimes, and racketeering.
Quiz: Do I Have The Right to an Attorney?
Anyone who has ever watched a police drama on television, or has gone to a police movie at the theaters, has heard the infamous line “you have the right to an attorney.” And in fact people suspected of a crime are often entitled to an attorney. However, that right does not always exist. The following quiz may help answer the question of when you are entitled to have an attorney present.
Q: Jake is stopped by the police while driving his car. The officer tells him that he is going to write him a speeding ticket and Jake says, “wait a minute! I want a lawyer!” Does he have a right to an attorney at that point?
A: No. Jake does not have a right to an attorney when he is receiving a speeding ticket. Speeding, while against the law, is considered a moving violation. Jake cannot request an attorney to defend him at this stage. Of course, he can protest the ticket and can pay to have an attorney represent him through that process if he wishes.
Q: Bonnie has been suspected of murdering her husband. She has been arrested and brought to the police station where she has been placed in an interrogation room and handcuffed to the table. The police have started to ask her a number of different questions about her whereabouts on the night of her husband’s death and have asked her if she in fact murdered him. Does she have the right to have an attorney present?
A: Bonnie has been arrested for murder, and she is in police custody and under questioning for the crime. She is in a situation where she is not free to leave, or walk out on the questioning. If she asks for an attorney, she must be allowed to contact one and the questioning must stop until her attorney is present.
Q: Lee is shopping in a grocery store when he is approached by the police. They start to ask him questions about whether he has just left the scene of a car accident in which another motorist was killed. Does Lee have the right to an attorney?
A: Not immediately. Lee, like Bonnie, is being questioned about a crime. However, he is not being confined. He can walk away from the police at any time and can refuse to answer any more questions. If the police place him under arrest, or if they place him in a confined situation, he may request an attorney to assist him.
Q: Miguel is brought in for questioning by the police about a string of robberies in his town. He asks to speak to an attorney, and is allowed to contact one. The attorney is present for the remainder of the questioning. After his attorney leaves, Miguel is placed in a holding cell where he waits for five hours. The police then bring him back into the interrogation room and start asking him more questions. Miguel asks for his attorney to return, and the police tell him, “sorry, you already had your chance with your attorney.” Is Miguel entitled to have his attorney present at this second questioning?
A: Yes. Miguel has a right to have his attorney present at any time that he is being questioned. It is not a “one-shot” deal as the police have told him. All people in police custody who are under suspicion of a crime are entitled to have an attorney present any time that they are being questioned by the police.
Q: Jim is traveling in a foreign country and has been arrested for using illegal drugs. Does he have the right to an attorney?
A: It depends on the laws of that country. In some foreign countries, criminal suspects, or those persons placed under arrest, have the right to an attorney much as they would in the United States. In other countries, they may not have that same right. Jim’s status as a U.S. citizen will not necessarily protect him. If possible, he should attempt to contact the U.S. Embassy or the U.S. Consular Officer for that country. While a Consular Officer cannot act as his attorney, he or she will be able to help him contact an attorney or his family in the United States.
Q: Al is a homeless man living on the streets of a large U.S. city. He is arrested one day for killing another homeless person. He has confessed to the crime and is being held in jail, because he cannot afford bail. He cannot afford an attorney, either. Is he entitled to one?
A: Yes. People have the right to an attorney, even if they cannot afford one. In this situation, the state will appoint a public defender to represent Al in his criminal trial. Even though Al has already confessed to the crime, he is still entitled to an attorney.
Q: Martina is a millionaire who has been arrested on suspicion of kidnapping her child, who normally lives with her ex-husband. The police have told her that the only attorney she may have is a public defender. Is Martina entitled to her own attorney?
A: Yes Martina can afford to pay for her own attorney, and she has requested her own attorney. In this type of situation, the police cannot force her to accept the services of the public defender.
Q: Justin has been arrested for making terroristic threats against the U.S. government. He wants to represent himself, but there is a valid concern that he is not sane. Does he have to have an attorney?
A: Justin can be allowed to represent himself. Attorneys or other legal assistants cannot be forced upon anyone. When defendants may not appreciate the charges that have been brought against them, or where they may not be able to adequately defend themselves due to their diminished mental or rational capacities, the court may appoint an attorney to act as their legal advisor.
Larceny Theft Virginia Shoplifting Embezzlement Fairfax Manassas Beach Richmond Lynchburg Fredericksburg
VIRGINIA THEFT & LARCENY LAWS
MISDEMEANOR AND FELONY CASES
IN STATE AND FEDERAL COURTS
Virginia Theft/Larceny Defense Lawyers – Former Prosecutors & Former Law Enforcement
If you are being charged with a Virginia theft offense, you need an experienced Virginia theft/larceny defense lawyer to defend you. The SRIS, P.C. Virginia theft/larceny defense lawyers are former federal & Virginia state prosecutors & former Virginia law enforcement who defend clients charged with theft crimes in Virginia state courts or Virginia federal courts.
In Virginia, a theft/larceny crime can be either charged as a misdemeanor or a felony. AVirginia petty larceny (petit larceny) is a class 1 misdemeanor. Virginia grand larceny, Virginia credit card theft, Virginia embezzlement, etc felonies.
The SRIS, P.C. Virginia theft crimes defense lawyers know how to defend you because they have been on the “other side” and know what steps the prosecutor will take to convict you of a theft/larceny offense in Virginia. Also, our theft crimes defense lawyers know what the differentVirginia theft/larceny laws require to make a conviction stick. Do not face a Virginia theft/larceny charge without the benefit of an experienced Virginia larceny/theft defense attorney. A conviction of a theft/larceny charge can affect your security clearance, your job, your immigration status, etc. A conviction for any type of theft crime or crime of larceny is deemed to be a conviction of moral turpitude. Moral turpitude is any act that consists of lying, cheating or stealing. For example,an employee (even a 1099 contractor) who steals business from the company he/she works for can be charged with theft. Larceny does not have to be only theft of money. Larceny is theft of anything that has value.
Just because you have been charged with a theft/larceny charge in Virginia (even if they found the stolen goods on you), do not assume that you are guilty as charged. The Virginia theft/larceny laws require the prosecutor to prove certain facts to secure a Virginia larceny conviction. Not all Virginia theft/larceny defense lawyers know and understand the possible defenses to a larceny case. An experienced Virginia larceny defense lawyer will know what motions to file to properly defend you.
Some of the different Virginia theft/larceny charges are:
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Petit larceny, also called petty larceny
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Grand larceny
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Shoplifting
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Robbery/Burglary
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Auto theft/Carjacking
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Embezzlement
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Obtain Money or Goods By Falese Pretense
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Credit card fraud
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Recieve Stolen Goods
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Writing Bad Checks
Petit larceny (a.k.a petty larceny) is a CLASS 1 MISDEMEANOR in Virginia. The maximum penalty for a class 1 misdemeanor in Virginia is 1 year in jail and/or a $2500 fine. Petty larceny (petit larceny) in Virginia can be something as simple as grabbing a five ($5) dollar bill from a person’s hand without their permission. Also, theft of goods or property in Virginia, having a value of less than two hundred ($200) from the owner can result in a conviction for petit larceny (petty larceny).
Any allegation of theft of goods worth two hundred dollars ($200) or more will result in being charged with grand larceny in Virginia. You can also be charged with grand larceny in Virginia, if you are accused of grabbing more than five dollars from the owner’s hand without their permission. Grand larceny is a very serious criminal theft charge in Virginia. The maximum penalty for a conviction of grand larceny in Virginia, is twenty years in jail. In our experience, Virginia juries do like thieves and are not lenient when it comes to handing out sentences for serious theft crimes such as grand larceny charges in Virginia, embezzlement in Virginia, receiving stolen goods in Virginia, writing bad checks in Virginia, shoplifting in Virginia, credit card fraud in Virginia, etc.
Virginia courts take shoplifting very seriously. A lot of people do not realize that shoplifting in Virginia is prosecuted very aggressively by Virginia prosecutors. You can be charged with shoplifting for something as simple as forgetting to pay for something and walking out of the store. Almost every store in Virginia has a loss prevention department dedicated to catching people for shoplifting. Some stores, even give bonuses to loss prevention departments based on the number of successful shoplifting busts. Regardless of the circumstances surrounding a Virginia shoplifting charge, you are facing a Virginia petit larceny (petty larceny) or Virginia grand larceny charge and you need the best defense lawyer possible to defend you.
Do not take any type of theft charged lightly, because a larceny conviction will follow you for the rest of your life.
The following are some of Virginia theft/larceny laws in Virginia:
Petit Larceny (petty larceny) is defined by Virginia State Law 18.2-96. Virginia Code Section 18.2-96 also states how a person convicted of petit larceny in Virginia will be punished.
Virginia Code Section 18.2-96 states that
Any person in Virginia, who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
Grand larceny is defined by Virginia State Law 18.2-95. Virginia Code Section 18.2-95 also states how a person convicted of grand larceny in Virginia will be punished.
Virginia Code Section 18.2-95 states that
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm’s value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
Shoplifting is defined by Virginia State Law 18.2-103.
Virginia Code Section 18.2-103 – Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.
Whoever, without authority, with the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise. Embezzlement
Embezzlement is defined by Virginia State Law 18.2-111.
Virginia Code Section 18.2-111 – Embezzlement deemed larceny; indictment.
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.
Our Virginia theft/larceny attorneys provide legal representation to clients all throughout Virginia including but not limited to:
Manassas City, VA, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, VA, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, VA, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City, Eastern & Western District of Virginia Federal Courts, Alexandria Federal Court, Richmond Federal Court, Virginia Beach Federal Court, Newport News Federal Court, Roanoke Federal Court, Abingdon Federal Court.
Our Virginia theft/larceny lawyers and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Virginia Internet Computer Sex Crimes Defense Fairfax Manassas Beach Richmond Lynchburg Fredericksburg
VIRGINIA COMPUTER/INTERNET SEX CRIMES DEFENSE ATTORNEYS
IN STATE AND FEDERAL COURTS
Internet/Computer Sex Crimes Defense Team
The SRIS Law Group is a law firm with a Virginia Internet sex crime defense team made up of former prosecutors and an in-house IT team of professionals. Our IT team consists of computer engineers and network specialists who have in internet technology and computer forensics.
Do not be fooled by “one-man” law firms pretending to be a computer/internet sex crimes defense team.
The SRIS, P.C. Virginia computer/internet sex crimes defense team have attorneys who have been on the “other side” and therefore know how the prosecution will try to convict you. Our internet sex crimes defense teams have real experience in defending computer/internet sex crimes.
Ask our Virginia internet sex crimes defense attorneys how long we have been defending computer sex crimes in Virginia and how many cases we have defended over the years? A federal prosecutor once commented to the firm principal that the firm principal really understands internet technology.
Our Virginia internet sex crimes defense team has defended clients charged with the following types of internet sex crimes in Virginia:
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Seizure and forfeiture of computer property in Virginia used in connection with the exploitation and solicitation of children
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Internet receipt, possession, or distribution of child pornography online in Virginia
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Production, sale, financing of child porn in Virginia
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Internet solicitation of a minor through a chat room (Solicitation of a Minor in Virginia)
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Attempted indecent liberties and indecent liberties with a minor in Virginia
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Obtaining bail in Virginia for Internet sex crime cases
Our Virginia internet sex crimes lawyers provide legal representation to clients all throughout Virginia including but not limited to:
Manassas City, VA, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, VA, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, VA, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City, Eastern & Western District of Virginia Federal Courts, Alexandria Federal Court, Richmond Federal Court, Virginia Beach Federal Court, Newport News Federal Court, Roanoke Federal Court, Abingdon Federal Court.
Our Virginia internet sex crimes defense attorneys lawyers and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Reckless Driving Virginia County Fairfax Beach Loudoun Lynchburg Richmond Fredericksburg Manassas Prince William County Speeding
VIRGINIA RECKLESS DRIVING
RECKLESS DRIVING DEFENSE IN VIRGINIA STATE & FEDERAL COURTS
SRIS, P.C. is a Virginia law firm that defends clients charged with reckless driving in Virginia.Reckless driving is a class 1 misdemeanor. A reckless driving conviction can result in amaximum penalty of one year in jail, $2500 fine and six month loss of license in Virginia. Reckless Driving tickets in Virginia should not be taken lightly. The bare minimum penalty for a reckless driving conviction in Virginia is six points on your Virginia driving record. If you are charged with a reckless driving ticket in Virginia, contact the Law of SRIS, P.C. With offices in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach, Virginia, our reckless driving defense attorneys focus a significant portion of their time on defending clients charged with reckless driving. Our reckless driving attorneys in Virginia defend both adults and juveniles in Virginia state courts and federal courts. Frequently, clients are charged in federal courts (Alexandria, Richmond, Norfolk & Virginia Beach). If you wish to consult a SRIS, P.C. Reckless Driving attorney, please simply contact us via email or phone. A Reckless Driving lawyer of SRIS, P.C. will gladly consult with you regarding your matter.
Virginia Reckless Driving Statutes
VA Reckless Driving Code §46.2-852. Reckless driving; general rule
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving in Virginia.
VA Reckless Driving Code § 46.2-853. Driving vehicle which is not under control; faulty brakes
A person shall be guilty of reckless driving in Virginia who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
VA Reckless Driving Code § 46.2-854. Passing on or at the crest of a grade or on a curve
A person shall be guilty of reckless driving in Virginia who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.
VA Reckless Driving Code § 46.2-855. Driving with driver’s view obstructed or control impaired
A person shall be guilty of reckless driving in Virginia who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.
VA Reckless Driving Code § 46.2-856. Passing two vehicles abreast
A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.
VA Reckless Driving Code § 46.2-856. Passing two vehicles abreast
A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.
VA Reckless Driving Code § 46.2-857. Driving two abreast in a single lane
A person shall be guilty of reckless driving in Virginia who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However, this section shall not apply to any validly authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.
VA Reckless Driving Code § 46.2-858. Passing at a railroad grade crossing
A person shall be guilty of reckless driving in Virginia who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.
VA Reckless Driving Code § 46.2-859. Passing a stopped school bus; prima facie evidence
A person is guilty of reckless driving in Virginia 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, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2- 1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
VA Reckless Driving Code § 46.2-860. Failing to give proper signals
A person shall be guilty of reckless driving in Virginia who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
VA Reckless Driving Code § 46.2-861. Driving too fast for highway and traffic conditions
A person shall be guilty of reckless driving in Virginia who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
VA Reckless Driving Code § 46.2-862. Exceeding speed limit
A person shall be guilty of reckless driving in Virginia who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
VA Reckless Driving Code § 46.2-863. Failure to yield right-of-way
A person shall be guilty of reckless driving in Virginia who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.
VA Reckless Driving Code § 46.2-864. Reckless driving on parking lots, etc.
A person shall be guilty of reckless driving in Virginia who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public.
VA Reckless Driving Code § 46.2-865. Racing; penalty
Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving in Virginia, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of§ 46.2- 398.
VA Reckless Driving Code § 46.2-865.1. Injuring persons while engaging in a race; penalties
Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2- 398.
VA Reckless Driving Code § 46.2-866. Racing; aiders or abettors
Any person, although not engaged in a race as defined in § 46.2-865, who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.
VA Reckless Driving Code § 46.2-867. Racing; seizure of motor vehicle
If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle shall be seized and disposed of in the manner provided in § 4.1-339 through 4.1-348 for seizure and forfeiture of conveyances or vehicles used in the illegal transportation of alcoholic beverages. Such sections shall apply mutatis mutandis.
The penalties imposed by these sections are in addition to any other penalty imposed by law.
VA Reckless Driving Code § 46.2-868. Reckless driving; penalties
A. Every person convicted of reckless driving in Virginia under the provisions of this article shall be guilty of a Class 1 misdemeanor.
B. Every person convicted of reckless driving in Virginia under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.
Our Virginia reckless driving defense attorneys & traffic lawyers provide legal representation to clients all throughout Virginia including but not limited to:
Accomack County, Albemarle County, Alleghany County, Amelia County, Amherst County, Appomattox County, Arlington County, Augusta County, Bath County, Bedford County, Bland County, Botetourt County, Brunswick County, Buchanan County, Buckingham County, Campbell County, Caroline County, Carroll County, Charles City, Charlotte County, Chesterfield County, Clarke County, Craig County, Culpeper County, Cumberland County, Dickenson County, Dinwiddie County, Essex County, Fairfax County, Fauquier County, Floyd County, Fluvanna County, Franklin County, Frederick County, Giles County, Gloucester County, Goochland County, Grayson County, Greene County, Greensville County, Halifax County, Hanover County, Henrico County, Henry County, Highland County, Isle of Wight County, James City County, King and Queen County, King George County, King William County, Lancaster County, Lee County, Loudoun County, Louisa County, Lunenburg County, Madison County, Mathews County, Mecklenburg County, Middlesex County, Montgomery County, Nelson County, New Kent County, Northampton County, Northumberland County, Nottoway County, Orange County, Page County, Patrick County, Pittsylvania County, Powhatan County, Prince Edward County, Prince George County, Prince William County, Pulaski County, Rappahannock County, Richmond County, Roanoke County, Rockbridge County, Rockingham County, Russell County, Scott County, Shenandoah County, Smyth County, Southampton County, Spotsylvania County, Stafford County, Surry County, Sussex County, Tazewell County, Warren County, Washington County, Westmoreland County, Wise County, Wythe County, York County, Alexandria city, Bedford city, Charlottesville, hesapeake city, Colonial Heights city, Danville city, Emporia city, Fairfax city, Falls Church city, Fredericksburg County, Hampton County, Harrisonburg County, Hopewell County, Lynchburg County, Manassas County, Manassas Park, Newport News, Norfolk County, Petersburg County, Portsmouth County, Radford County, Richmond County, Roanoke city, Staunton County, Suffolk city, Virginia Beach, Williamsburg County, Winchester County.
Our Virginia reckless driving lawyers traffic attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send ane-mail or complete the on-line form.
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Virginia DUI Laws Fairfax Richmond Beach Manassas Lynchburg Fredericksburg
VIRGINIA DUI LAWYER & VIRGINIA DWI ATTORNEY
MISDEMEANOR AND FELONY CASES
IN STATE AND FEDERAL COURTS
The Virginia DUI/DWI attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach, Virginia. The Virginia DUI/DWI lawyers of SRIS, P.C. focus a significant portion of their practice towards defending clients charged with a Virginia DUI or Virginia DWI charge. If you wish to consult a SRIS, P.C. Virginia DUI lawyer or Virginia DWI attorney, please simply contact us on line or by phone. A Virginia DUI/DWI lawyer from the our firm will consult with you regarding your DUI/DWI and advise you about your options.
The following are the attorneys who handle Virginia DUI/DWI cases:
Virginia DUI laws: Adult
VA DUI Code §18.2-266 – Driving Under the Influence of Alcohol and Drugs.
When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.
VA DUI Code § 18.2-270 – Penalties
A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.
VA DUI Code § 18.2-270 – Transporting Children While Driving Under the Influence.
You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and up to 80 hours of community service for second conviction.
VA DUI Code § 46.2-301.1 – Vehicle Impoundment
The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.
VA DUI Code § 46.2-391.2- Administrative License Revocation
Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.
VA Drinking While Driving Code § 18.2-323.1 – Open Container
You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.
DUI Laws: Under 21
Virginia IS TOUGH - on underage drinkers driving under the influence of alcohol or drugs.
VA Underage Code § 18.2-266.1 – Equal Penalties
Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older.
VA Underage Code § 18.2-266.1 – Zero Tolerance for Under 21
If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver’s license suspension.
VA DUI Code § 18.2-270.1 – Ignition Interlock System
If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years, applies to both adult and under 21)
VA Underage Code § 4.1-304 – Persons to Whom Alcoholic Beverage May Not Be Sold
If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail.
VA Underage Code § 4.1-305 – Underage Possession of Alcohol
If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail.
VA Underage Code §4.1-306 – Purchase Alcohol for Underage Persons
If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail.
VA Underage Code §4.1-309 – Drinking/Possessing Alcohol on School Grounds
Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail.
VA Underage Code §4.1-305B – Misrepresentation of Age
If you are unde age 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:
- be fined at least $500 but not over $2,500
- be required to perform at least 50 hours of community service
- face up to 12 months in jail, and
- be subject to suspension of your driver’s license for up to 12 months
Query: LAWS OF Virginia driving under the influence of alcohol
- Mandatory jail sentences for misdemeanor and felony charges
- Different Blood Alcohol content levels.
A person who has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath in Virginia as indicated by a chemical test administered is under the influence of alcohol,
VA DUI Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction
| Offense | Sentence of confinement | Mandatory minimum confinement | Mandatory minimum fine | |
| 1st DUI in VirginiaClass 1 misdemeanor | BAC 0.15 – 0.20Five days | $250 | ||
| BAC More than 0.2010 days | ||||
| 2nd DUIwithin less
than 5 years |
Not less than 1 month nor more than 1 year | Twenty days | BAC 0.15 – 0.20 additional period of 10 days | $500 |
| BAC More than 0.20Additional period of 20 days | ||||
| 2nd DUI in Virginiawithin 5- 10 | For not less than one month | Ten days | BAC 0.15 – 0.20 additional period of 10 days | $500, |
| BAC More than 0.20Additional period of 20 days | ||||
| Class 6 felony3rd DUI in Virginia
committed within 10 years |
90 days | |||
| 3rd DUI in VirginiaCommitted
within 5-years |
6 months | $1,000 | ||
| 4th orsubsequent DUI in Virginia offense
within 10- years |
otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed 3 years. | one year | $1,000 | |
VA DUI Code § 18.2-270. Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction
Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.
B. 1. Any person convicted of a second offense committed within less than five years after a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year.Twenty days of such confinement shall be a mandatory minimum sentence.
2. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500, and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.
3. Upon conviction of a second offense within 10 years of a first offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.
C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.
2. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.
3. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under § 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of § 8.01- 296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with § 19.2-386.2.
D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.
E. For the purpose of this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.
Our Virginia DUI attorneys & traffic lawyers provide legal representation to clients all throughout Virginia including but not limited to:
Manassas City, VA Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, VA Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton, Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.
Our Virginia DUI lawyers & traffic attorneys and staff speak various languages, includingEnglish, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
or more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Driving Suspended License Virginia Fairfax Richmond Manassas Beach Lynchburg Fredericksburg
VIRGINIA DRIVING ON SUSPENDED LICENSE LAWYERS
VIRGINIA DRIVING ON REVOKED LICENSE ATTORNEYS
IN STATE AND FEDERAL COURTS
VIRGINIA DOS & VIRGINIA NOL DEFENSE
The Virginia traffic ticket attorneys of SRIS, P.C. defend clients charged with Virginia driving on suspended license, Virginia driving on revoked license, or Virginia no operators license. SRIS, P.C. has offices in Fairfax, Lynchburg, Manassas, Fredericksburg, Richmond and Virginia Beach, Virginia. Our traffic ticket attorneys aggressively defend Virginia driving on suspended license cases. If you wish to consult a SRIS, P.C. driving on suspended license attorney or driving on revoked license lawyer or no operator’s license attorney, please simply contact us on line or by phone. One of our Virginia traffic ticket attorneys will discuss the facts of your case with you and advise you about your options.
VA Code § 46.2-300. Driving without license prohibited; penalties
No person, except those expressly exempted in §§ 46.2-303 through 46.2- 308, shall drive any motor vehicle on any highway in the Commonwealth of Virginia until such person has applied for a driver’s license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver’s license, nor unless the license is valid.
A conviction of a violation of this section shall constitute a Class 2 misdemeanor.
VA Code § 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked
A. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked for (i) a violation of §§ 18.2- 36.1, 18.2-51.4, 18.2-266 or § 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been administratively suspended under the provisions of § 46.2-391.2. However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.
B. Except as provided in §§ 46.2-304 and 46.2-357, no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated. A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.
C. A violation of subsection B is a Class 1 misdemeanor. A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.
D. Upon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.
E. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272 .
VA Code § 46.2-302. Driving while restoration of license is contingent on furnishing proof of financial responsibility
No resident or nonresident (i) whose driver’s license or learner’s permit has been suspended or revoked by any court or by the Commissioner or by operation of law, pursuant to the provisions of this title or of § 18.2-271, or who has been disqualified pursuant to the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), or (ii) who has been forbidden as prescribed by law by the Commissioner, the State Corporation Commission, the Commonwealth Transportation Commissioner, or the Superintendent of State Police, to drive a motor vehicle in the Commonwealth shall drive any motor vehicle in the Commonwealth during any period wherein the restoration of license or privilege is contingent upon the furnishing of proof of financial responsibility, unless he has given proof of financial responsibility in the manner provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title. Any person who drives a motor vehicle on the roads of the Commonwealth and has furnished proof of financial responsibility but who has failed to pay a reinstatement fee, shall be tried under § 46.2-300.
A first offense violation of this section shall constitute a Class 2 misdemeanor. A second or subsequent violation of this section shall constitute a Class 1 misdemeanor.
Our Virginia driving on suspended license, Virginia driving on revoked license & Virginia no operator’s license lawyers provide legal representation to clients all throughout Virginia including but not limited to:
Manassas City, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton, Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.
Our Virginia DUI lawyers & traffic attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
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