Richmond Traffic Violations Defense Lawyer

At Stuart Simon Law Firm, we provide clients with aggressive and effective defense representation.  Virginia has a reputation for keeping its strict enforcement on the road.  When facing traffic law charges, no matter how minor you may think it is, you may be facing a serious penalty.

 Anything more than 20 miles-per-hour over the speed limit is a Class 1 misdemeanor. This carries a maximum jail sentence of 12 months, a suspended license for six months, and a $2,500 fine. This incident becomes a part of your driving record, and your insurance may go up or your insurance company may even drop your coverage.

Most people do not realize all of the traffic charges which carry a possibility of jail and loss of license:

·         DUI/DWI

·         Driving on Suspended Operators License

·         Reckless Driving

·         Failure to Stop at the Scene of an Accident

Traffic Violations

Don’t take chances and try to navigate the Court system alone. Contact us at (804) 257-7233 if you have been charged with a traffic violation in Central Virginia. Backed by more than three decades of experience, we handle all types of cases, including:

 

• Driver’s License Suspension• DWI & DUI • Underage Drinking• Criminal Drug Offenses • Student Crimes

Our lawyers have years of experience practicing in the Richmond, Virginia and surrounding areas. We work with our clients to obtain their goals and protect their rights to drive.

Traffic Violations and DMV Points

Every time you are convicted of a traffic violation, regardless of the seriousness you will receive points on your driving record. These points can add up quickly and the result can be a loss of your privilege to drive in Virginia.

Three-Point Violations: • Speeding 1 – 9 Miles-per-Hour over the Posted Speed Limit • Improper Driving & Improper Passing • Failure to Obey Highway Signs • No Driver’s License • Failure to Stop at Scene of Crash with Minor Damage

Four-Point Violations: • Speeding 10 – 19 Miles-per-Hour over the Posted Speed Limit • Aggressive Driving • Disregarding Police Signal to Stop

Six-Point Violations: • Reckless Driving • DUI or DWI • Driving after Having Been Declared a Habitual Offender • Speeding 20 Miles-per-Hour over the Posted Speed Limit • Eluding Police

DUI/DWI in Virginia

Getting stopped for a DUI/DWI in Virginia is a serious issue and should not be taken lightly. You need an experienced attorney to make sure you come out on top. The penalties for a DUI/DWI in Virginia are serious and can include fines, suspension of your driver’s license and even jail. At Stuart Simon Law Firm, we defend the rights of those accused of a DUI/ DWI.  Don’t take a chance when you freedoms are at stake.

Getting a local attorney who practices in those Courts can make all the difference since every jurisdiction has its own unique procedures. The City of Richmond, Henrico, Goochland, Chesterfield and Hanover all have their own policies in addition to what the Code of Virginia Requires.   At Stuart Simon Law Firm we have proven experience defending cases in those jurisdictions.  Call us today at 804 257 7233 for a free consultation and let us help defend your rights.

Penalties for DUI/DWI in Virginia

Virginia has some very strict penalties for DUI/DWI. Some of these are mandatory under the Code of Virginia and some are discretionary to the Court. This is why having an attorney who knows the local Judges can make a big difference. With the penalties as high as they are, you cannot afford to not hire a professional.

DUI/DWI First Offense:

.08 BAC

  • $250 Minimum Mandatory Fine
  • 12 Month Suspension of license
  • Ignition Interlock
  • Virginia Alcohol Safety Action Program

.15 – .20 BAC

  • $250 Minimum Mandatory Fine
  • 5 days mandatory jail
  • 12 Month Suspension of license
  • Ignition Interlock
  • Virginia Alcohol Safety Action Program

.20 < BAC

  • $250 Minimum Mandatory Fine
  • 10 days mandatory jail
  • 12 months suspension of license
  • Ignition Interlock
  • Virginia Alcohol Safety Action Program

DUI/DWI Second Offense:

Within 5 years:

  • $500 minimum mandatory fine
  • Jail sentence not less than 1 month or more than 12 months
  • 20 days jail mandatory

Within 5 – 10 years:

  • $500 minimum mandatory fine
  • Jail sentence not less than 1 month
  • 10 days jail mandatory

Within 10 years:

.15 – .20 BAC

  • 10 days jail mandatory

.20 < BAC

  • 20 days jail mandatory
  • The penalties for 3rd Offense DUI/DWI go up even more. A Virginia DUI/DWI 3rd or subsequent offense within 10 years is considered a Felony and carries all the penalties inherent with that. You cannot afford to take any chances when it comes to getting a DUI/DWI in Virginia.

Getting Pulled Over

Getting stopped for a DUI/DWI in Virginia is a scary experience. Whether you realize it or not it can happen. Once the officer pulls you over he may tell you that you were observed swerving or committing some suspect activity in the car, but a DUI/DWI stop can also occur for a non-moving violation like a broken taillight.

Once pulled over the officer will ask if you have been drinking and say that he detects an odor of alcohol coming from you. In Virginia that is enough for them to conduct a DUI/DWI stop. If they believe you are impaired behind the wheel or in control of the vehicle, they can conduct their investigation.

The Investigation

When an officer believes you have been driving impaired by drugs or alcohol he must first establish some level of impairment before he can place you under arrest. This is when they use the field sobriety tests. These tests are designed to show whether you have some impairment in reaction or ability that could affect your ability to properly drive. The one leg stand, walk and turn, and horizontal gaze and nystagmus tests are the most commonly used.

It is the result of these tests that will then prompt an officer to ask you to submit to the Preliminary Breath Test PBT. This is the breath test used on the scene that will determine whether or not you get placed under arrest for DUI/DWI.

The environment and circumstances which the field sobriety tests are given can sometimes play a large part in their results. Improperly administered tests can sometimes be used to negate any Preliminary or Blood Tests later obtained.

The Case Against You

The evidence that is used against you in Court is ironically not gained on the street. The field sobriety tests are used to give the officer a reasonable suspicion that you are impaired, which he then will use to get you to submit to an official Breathalyzer Test or a Blood Draw. Only those tests which must be taken under very specific circumstances can be used as evidence in Court. Those results must also follow very specific procedures or else they will not be admissible in Court.

Refusal in Virginia

Being charged with Refusal to Submit to a Breath or Blood Test is a separate offense in Virginia. In Virginia you are subject to an implied consent when you drive. This means that you are supposed to submit to the Breath or Blood Test when prompted by law enforcement to submit to one. The penalties in Virginia for a Refusal often carry jail time, fines and a suspension of your driver’s license. These penalties are in addition to any you might receive for a conviction of the DUI/DWI itself.

4900 Cutshaw Avenue, Richmond VA 23230,
Map →

Tel: 804-257-7233

WEEK DAYS: 8:30am – 5:30pm
SATURDAY-SUNDAY: By appointment