These are tense times. It would be nice if that wasn't the case, but denying the reality isn't wise. Indeed, just being pulled over by the police for what may seem minor traffic violations can have a deadly outcome, as cases across the country in recent years have shown.
Did you happen to see the story recently about the roundup of an alleged crime ring in another state? Authorities are getting ready to accuse the group of, among other things, renting fraudulent license plates.
How do you know what you know? That's a line from a song written by balladeer Michael Johnson. As we wrote in a post in January, one of the biggest issues anyone in Virginia facing a traffic citation likely has is that they don't know what they don't know about the legal nuances involved.
It's easy assume when you get a ticket for speeding or some other traffic violation that dealing with it is a simple matter. In many jurisdictions, being tagged for a traffic offense is accompanied by some level of information about how you can respond. What more do you need, right?
There are many reasons why Virginia residents could have their drivers license revoked or suspended. For instance, someone who is convicted of operating a motor vehicle while impaired could have his or her license suspended or revoked. The same is true of those who are convicted of operating a motor vehicle with a license suspended because of a drunk driving conviction.
Quick, what's the only time you've ever confronted a legal problem? If you answered when you got a traffic ticket, you would not be alone. The truth is that traffic citations are the most common reason individuals in Virginia find themselves in front of the bench.
What is the difference between DUI and DWI in Virginia? DUI vs. DWI?
As DUI Attorneys in Hampton Roads, we are often asked this question, but the answer is simple: there is no difference between a charge of DUI or DWI in Virginia. The two mnemonics are synonyms and reference the exact same behavior prohibited under Virginia Code Section 18.2-266. Under the Virginia law, it is unlawful to operate a motor vehicle while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug of whatsoever nature.
DUI or DWI Standardized Field Sobriety Test: What is it?
Anyone who has had the unfortunate experience of being suspected of DUI or DWI has likely been asked to perform a number of field sobriety tests by the police. The National Highway Traffic Safety Administration (NHTSA) has created the Standardized Field Sobriety Test (SFST) Battery to assist officers in determining whether an individual is under the influence of alcohol. The SFST Battery consists of three tests: (1) the Horizontal Gaze Nystagmus Test; (2) the Walk and Turn Test; and (3) the One-Leg Stand Test. While officers often use additional tests in their determinations for DUI or DWI, these are the three main tests approved by NHTSA.
Let's face it, alcohol is an ever-present factor for many young adults on collegecampuses. College students often attend tailgates, parties, bars, and many other social functions where there is almost always a presence of alcohol. So what happens when the night takes an unfortunate turn and your son, daughter, or other loved one ends up facing an alcohol-related criminal charge?
A 3rd DUI conviction has a number of serious consequences. A 3rd DUI conviction within ten years results in a mandatory ninety days of incarceration, plus a $1,000 fine and an indefinite suspension of your driver's license. A 3rd offense within five years has an even stiffer penalty: a mandatory six months in jail. Unlike first or second offense DUI, a DUI 3rd is a felony that is punishable by a maximum of five years in prison and a $2,500 fine. In addition, someone convicted of DUI third offense cannot even apply for a restricted driver's license for three years following conviction.