Fairfax Virginia Reckless Driving Divorce DUI Traffic Child Custody Laws|Lawyer County

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Have you been issued a traffic ticket for violation of a traffic law in Virginia and need a lawyer to defend you?

Below is a sample case of a traffic violation in Virginia as interpreted by a lawyer in our firm.

Traffic Lawyers In Fairfax Virginia

The Virginia Department of Motor Vehicles (DMV) uses a system of points to evaluate drivers. When you are convicted of certain traffic violations, you receive a certain number of demerit points against your driving record.

Not all traffic violations receive demerit points, yet they will still be posted to your driving record. If you are a repeat offender, you can accumulate too many points and you may lose your license. This may also cause your vehicle insurance rates to rise.  If you have received a traffic ticket for violation of a traffic law in Virginia, contact our law firm today to speak with a lawyer about your traffic violation.  An attorney from our firm will do his best to help you.

These are some of the traffic violations, as per the Virginia Code;

Under Va. Code Ann. § 46.2-300.  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 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.

Under Va. Code Ann. § 46.2-862.

“A person shall be guilty of reckless driving 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 or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”

Under Va. Code Ann. § 46.2-874. The maximum speed shall be 25 miles per hour on highways in business or residence districts, except on interstate or other limited access highways with divided roadways or non-limited access highways having four or more lanes and all state primary highways.

Under Va. Code Ann. § 46.2-1078.1.

(A). It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to….

  1. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250.”

Under Va. Code Ann. § 18.2-266.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person 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 as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol…

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Traffic Lawyers In Fairfax Virginia

Contact our law firm today to speak with a lawyer today about your traffic violation.  An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Wood v. Commonwealth

Facts:

The General District Court in Fairfax (Virginia) convicted defendant for the traffic offense of driving while under the influence (DUI), second offense. The State also charged defendant with refusing to submit to a breath or blood test. Defendant appealed. The circuit court tried the case de novo. An issue was whether defendant’s arrest was lawful under Va. Code Ann. § 19.2-81, permitting an officer to make a warrantless arrest for a crime committed in his presence.

If you are facing a traffic ticket in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:
  • Where a defendant’s arrest for driving under the influence is unlawful, as in violation of Va. Code Ann. § 19.2-81, because the misdemeanor offense is not committed in the arresting officer’s presence, when he is read his implied consent rights under the implied consent statute, his refusal does not constitute a violation of that statute, which requires that a defendant have been lawfully arrested to be subject to the statute’s mandate.
  • With respect to claims defendants are not driving, operating, or in actual physical control of vehicles when arrested for driving under the influence under Va. Code Ann. §§ 18.2-266, 19.2-81, 46.2-100, read together, where a defendant is not in the vehicle, the engine is not running, and the ignition key are removed, the defendant is not in actual physical control of the vehicle while standing in front of it on the highway, and thus the defendant is not operating his truck when the trooper approaches and arrests him.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer about your traffic ticket.  An attorney from our firm will do his best to help you.

Traffic Lawyers In Fairfax Virginia

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

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