Move Over or Slow Down – Failure to Yield to Vehicles
UPDATE The below content is out of date. As of 2023, Virginia has a move-over law that applies to ALL vehicles with flashing lights. That code section is now 46.2-861.1. Virginia’s relatively new “move over law” (46.2-921.1) was changed significantly in 2010. Even before the changes, people were confused about what the law requires. Here’s […]
MoreWhat is a Highway in Virginia?
The Virginia traffic code refers to “highways” quite a bit. Many of the offenses specified in the code have to take place on a “highway.” Quite often I hear from potential clients and people who represent themselves in court: “But I wasn’t even on a highway!” I’m sad to report that defense usually isn’t going […]
MoreBeware of National Motorists Association Ticket Manual
There’s no shortage of ebooks on fighting traffic tickets. Some of them are good resources, and some are simply wrong. I recently read the National Motorists Association’s ebook entitled “Fight That Ticket!”, and I’m a bit surprised by its inaccuracies. To be fair, their ebook is intended as a general guide for anyone in the […]
MorePointless Traffic Ticket Complaints
State Troopers and deputies really have heard it all. And they get the same sob stories over and over. That’s why this article that my wife found seems pertinent for drivers too: Complaints that fail: 5 e-mails to avoid The article is focused on the travel industry and the pointless complaints customers send in. They’re […]
MoreDon’t Drive Drunk to Prison
An ironic story just came up in the news. A man headed to prison to serve his DUI sentence in Vermont, but he was drunk. And he drove himself. What a mess! Now this guy is facing a charge of second offense DUI, and he still has to serve the time for the first offense. […]
MoreBeware of Cell Phones in Court
I try to advise my clients about the entire experience of attending court, especially cell rules. A Florida woman was convicted of contempt when her cell rang in the courtroom. Lucky for her, the conviction was reversed on appeal. But you definitely don’t want to go down that road at all. The area courts have […]
MoreDriving School Differs Among Judges
One of the most difficult parts of my work is handling the nuances of different judges. Virginia law allows judges to reduce, amend, or dismiss a traffic case if the defendant completes a driving school. But each judge gets to determine their own policy of how this is handled. As you can imagine, if people […]
MoreVirginia Radar Detector Ban Still In Force
Virginia natives know the law about radar detectors. And any visitor to the Commonwealth has seen the huge warning signs as they cross the border. Welcome to Virginia, but watch your speed! A bill that would have repealed Virginia’s radar detector ban failed in the House of Delegates on the 11th. The bill was quite […]
MoreSpeed Limit May Increase to 70
Virginia law currently specifies the maximum speed limit as 65 miles per hour. There is one exception for Interstate 85, but everywhere else is only 65 mph. That may change. The Virginia House of Delegates voted today in favor of a bill to increase the maximum speed limit to 70 mph. The Associated Press seems […]
MoreDon't Stand Up While Speeding
That advice may seem obvious. But an Arizona man is being charged with speeding, reckless driving, and some other civil charges for standing up while driving almost 80 miles per hour. This video clip is astounding: If this driver was in Virginia, he’d probably be charged with general reckless driving, which alleges that he was […]
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