Failure To Maintain Control Of Vehicle VA Code 46.2-853
In many Virginia accident cases, the Commonwealth charges at least one driver with reckless driving. The main statute used for this charge is VA Code 46.2-853. Key Takeaways VA Code 46.2-853 treats “failure to maintain control” or “faulty brakes” as reckless driving, a Class 1 misdemeanor carrying penalties of up to 12 months in jail. […]
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Failure to Appear and Capias Warrant in Virginia
If you had a court date for a traffic or misdemeanor case in Virginia and you failed to appear, you may be facing capias warrant in VA. What is a capias warrant? A capias warrant is also known as a bench warrant. If you’re lucky, you’ll just have a show cause for failing to appear, […]
MoreWhat Does “Released on Summons” Mean?
You didn’t expect to leave the police stop without handcuffs. But instead of being taken to jail, the officer handed you a piece of paper and said you were “released on a summons.” Are you charged with a crime? Do you still have to go to court? Could you still end up in jail? This […]
MoreCan You Get a DUI on a Bike?
In many states, driving under the influence (DUI) laws apply to motor vehicles and bicycle riders. However, Virginia’s driving while intoxicated rules under Code of Virginia § 18.2-266 apply to those who drive or operate a motor vehicle, engine, or train while under the influence of alcohol. Although bicycles are not motor vehicles for the […]
MoreCan You Get a DUI for Sleeping in Your Car?
Virginia maintains some of the strictest DUI laws in the nation, resulting in 15,988 driving under the influence (DUI) convictions in the most recent reporting year. A prime example of Virginia’s harsh DUI laws is seen in the state’s definition of DUI. In Virginia, if you are found intoxicated and in physical control of a […]
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Can The Police Pull You Over For a Pine Tree Air Freshener?
It depends upon your state. Key Takeaways Many states allow police to stop drivers for hanging objects, such as pine tree air fresheners, if they obstruct the driver’s view. Virginia law changed in 2021: while dangling objects are still prohibited, police cannot pull you over solely for that reason—they need another valid basis first. […]
MoreWill A Reckless Driving Charge Put Points on My VA Driving Record?
If you’re charged with reckless driving in Virginia, you may be wondering about the possible demerit points on your driving record. Key Takeaways A reckless driving conviction in Virginia results in 6 demerit points on your Virginia driving record. The conviction stays on your DMV record for 11 years, the same duration as a DUI […]
MoreVirginia Cell Phone Law | Guide to Texting and Driving Laws in Virginia [2019]
Distracted driving is a serious problem in the United States. Not only are distracted drivers more likely to cause accidents, but the crashes that they end up in also tend to be disproportionately severe. Key Takeaways Texting while driving is a primary offense in Virginia, meaning you can be pulled over solely for using your […]
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What is Reckless Driving in Virginia?
It’s a crime. If you’re charged with reckless driving in Virginia, you are charged with a Class 1 misdemeanor that carries the possibility of up to one year in jail, a $2,500 fine and license suspension up to six months. Key Takeaways Reckless driving in Virginia is a Class 1 misdemeanor punishable by up to […]
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Virginia Reckless Driving Fine
If you’re facing a Virginia reckless driving ticket you may be wondering what the fine might be. Unfortunately, there is no set fine for reckless driving because it is a Class 1 misdemeanor charge. Key Takeaways Reckless driving in Virginia is a Class 1 misdemeanor with a possible fine of up to $2,500—the legal maximum […]
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