TRAFFIC LAW Attorney

While most people will incur a traffic offense at some point in their lives, many do not realize the wide-ranging consequences that can result from even relatively minor traffic infractions. Who wants to deal with the stress that comes from a traffic ticket? In addition to fines, many traffic offenses are actual criminal offenses, punishable by jail and/or a suspension of your driver’s license. In addition, many employers inquire about your driving history, with traffic convictions often disqualifying people from certain jobs. Hiring a diligent traffic attorney on the front end can often help you avoid fines, years of higher insurance payments, or even jail time. Like crimes, traffic offenses are often highly technical and require specialized legal training and experience to successfully defend against. Goff Voltin, PLLC works as a team to thoroughly research and defend your traffic case. If you have a traffic ticket in Newport News, Hampton, Williamsburg, Yorktown or the rest of the Hampton Roads area, call the attorneys at Goff Voltin, PLLC today.

Representing Traffic Law clients in Newport News, Hampton, Williamsburg, Yorktown or the rest of the Hampton Roads area, call the Traffic Law attorneys at Goff Voltin, PLLC today.

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Driving under the influence (DUI), also commonly referred to as driving while intoxicated (DWI), is an extremely complex area of the law. If you or a loved one have been charged with DUI/DWI then you should seek an attorney with experience and a solid foundation of knowledge of the laws concerning DUI/DWI. The traffic lawyers at Goff Voltin, PLLC have handled numerous cases of DUI/DWI and have spent countless hours pouring over the complex code to better understand the intricacies of the laws which prohibit DUI/DWI.

  1. Simply put, DUI/DWI is the operation of a motor vehicle while under the influence of an intoxicating substance. Typically, people associate drinking alcohol with DUI/DWI, but there are other drugs and intoxicating substances which may lead to a charge of DUI/DWI. The actual offense of DUI/DWI is the driving or operation of a motor vehicle (car, motorcycle, ATV, riding lawn mower, etc.) while:
  • (1) having a blood alcohol concentration (BAC) of 0.08 grams or more per 210 liters; OR
  • (2) being under the influence of alcohol, narcotic, intoxicant, or drug to a degree which impairs the driver’s ability to operate the motor vehicle; OR
  • (3) having a blood concentration of any of the following substances at a level that is equal to or greater than:
    • 0.02 milligrams of cocaine per liter of blood;
    • 0.1 milligrams of methamphetamine (commonly referred to as “meth”) per liter of blood;
    • 0.01 milligrams of phencyclidine (commonly referred to as “PCP” or “angel dust”) per liter of blood; or
    • 0.1 milligrams of 3,4-methylenedioxymethamphetamine (commonly referred as “MDMA” or “ecstacy”) per liter of blood.
  • A first offense DUI/DWI is punished as a Class 1 misdemeanor and carries the possibility of up to 12 months in jail and/or a $2,500 fine. There are also additional penalties such as a loss of license, but you should consult with an traffic attorney at Goff Voltin to discuss further.
  • Please note that there are also additional penalties depending on the level of intoxication and the prior criminal record of the accused. The traffic attorneys at Goff Voltin will thoroughly explain whether these heightened punishments would apply to your situation.

VIRGINIA CODE: http://law.lis.virginia.gov/vacodefull/title18.2/chapter7/article2/

There are a number of different statutes which address the offense of Reckless Driving. These are some of the more common ways a person can be charged with Reckless Driving:

  • Exceeding 80 miles per hour (mph) while driving within the boundaries of the Commonwealth;
  • Exceeding the maximum posted speed limit by 20 miles per hour (mph) or more;
  • Driving a vehicle not under proper control;
  • Driving a vehicle with inadequate or improperly adjusted brakes;
  • Driving too fast for the highway or traffic conditions;
  • Passing a stopped yellow school bus with the warning devices signaling the bus is taking on or discharging children, the elderly, or mentally or physically handicapped persons.

Reckless Driving is a Class 1 misdemeanor and includes the possibility of up to 12 months in jail and/or a $2,500 fine plus the possibility of a loss of the driver’s license for the accused.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/
Speeding is exceeding the maximum posted speed.

  • There is a $6 fine for every mile per hour the speed limit is exceeded.

Depending on the level of speed, speeding carries three, four, or six demerit points on your driving record.

A person is guilty of hit and run if:

  1. He is the driver of the vehicle
  2. Involved in an accident in which a person is killed or injured or in which property is damaged
  3. And fails to stop and provide his contact information to law enforcement and to the person struck if that person is capable of receiving the information, or who
  4. Fails to render reasonable medical assistance to an injured person.

Hit and run is punishable by up to ten years in prison and/or a $2,500 fine.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-894/

 

A person is guilty of evade and elude if:

  • Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop,
  • drives such motor vehicle in a willful and wanton disregard of such signal or
  • who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by other means.

Evade and elude is punishable by up to six months in jail and a $1,000 fine; however, if the driving is done in such a manner as to constitute a willful and wanton disregard for the safety of another person, it is punishable by up to ten years in prison and/or a $2,500 fine.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-817/
No person whose privilege to drive a motor vehicle has been suspended or revoked, or who has been directed not to drive, shall thereafter drive a motor vehicle or any self-propelled machinery on any public highway in the Commonwealth until the period of the suspension has terminated.

  • The most frequent issue that arises in a driving on suspended case is whether the accused had notice that his or her license was suspended. “Where the evidence does not show that the accused knew his license had been suspended, his conviction must be reversed.” Bibb Commonwealth, 212 Va. 249 (1971).

Driving under a suspended/revoked license is punishable by up to one year in jail, a $2,500 fine, and up to a 90 day loss of license.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-301/
A person shall be guilty of reckless driving 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

  • A “Yield Right-of-Way” sign is posted or
  • 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.

Failure to yield is punished identically to reckless driving.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-863/
A person is guilty of operating a vehicle while a habitual offender if:

  • He has previously been determined or adjudicated an habitual offender and
  • drives any motor vehicle or self-propelled machinery or equipment on the highways of the Commonwealth while the revocation of the person’s driving privilege remains in effect.

A first offense habitual offender violation is punished by up to twelve months in jail and/or a $2,500 fine.

  • A second or subsequent habitual offender is punished as a Class 6 felony and carries a mandatory minimum term of incarceration of one year in jail.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-357/

A person is guilty of possessing a counterfeit inspection sticker if:

  • He shall make, issue, or knowingly use any imitation or counterfeit of an official safety inspection sticker.

No person shall display or cause or permit to be displayed upon any vehicle any safety inspection sticker knowing it to be fictitious or issued for another vehicle.

  • Possession of a counterfeit inspection sticker is punishable by up to twelve months in jail and/or a $2,500 fine.

VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1173/

A person is guilty of possessing fraudulent or fictitious tags if:

  • He displays, causes or permits to be displayed,
  • any registration card, certificate of title, or license plate or decal
  • which he knows is fictitious or which he knows has been cancelled, revoked, suspended, or altered;
  • or displays or causes or permits to be displayed on any motor vehicle, trailer, or semitrailer any license plate or decal that he knows is currently issued for another vehicle.

Possessing fraudulent or fictitious tags is punishable by up to six months in jail and/or a $1,000 fine.

  • VIRGINIA CODE: http://law.lis.virginia.gov/vacode/title46.2/chapter6/section46.2-613/