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Virginia's Legal Limit for Marijuana DUI

Posted by Thomas Wilson | May 28, 2019 | 0 Comments

Drivers in Virginia can be charged with drinking and driving for being impaired or having a blood alcohol concentration (BAC) of 0.08% or higher. When it comes to marijuana, there is no clear line to say whether a driver is impaired based on a drug test. Other states have a specific threshold to ...

Will Virginia Lower the Legal Limit for DUIs?

Posted by Thomas Wilson | Apr 14, 2019 | 0 Comments

Until recently, all states in the U.S. had a uniform drunk driving limit. The per se limit for a driver to be considered impaired or under the influence of alcohol in Virginia is 0.08% blood alcohol concentration (BAC). However, Utah recently lowered their legal limit to 0.05% BAC. With support f...

The Middle Finger Can Be Free Speech

Posted by Thomas Wilson | Apr 07, 2019 | 0 Comments

According to a recent U.S. Court of Appeals for the 6th Circuit decision, a driver who gave the middle finger to a police officer was protected by free speech. Debra Cruise-Gulyas was driving through suburban Detroit when Officer Matthew Minard pulled her over for speeding. Officer Minard issued ...

Can the Police Take Your Property After a Traffic Stop?

Posted by Thomas Wilson | Mar 15, 2019 | 0 Comments

If law enforcement in Virginia suspect that a property is related to criminal activity, they may be able to take the property. Even if the suspect of the related crime is never charged or found guilty, the police may be able to keep the property or sell it and keep the proceeds. This is known as ...

Do Traffic Checkpoints Reduce DUIs in Virginia?

Posted by Thomas Wilson | Jan 10, 2019 | 0 Comments

Traffic checkpoints looking for impaired drivers are supposed to be a deterrent to other drivers who may be considering driving home after having one too many drinks. This is one of the reasons why the checkpoints are publicized ahead of time. After a recent sobriety checkpoint in Albemarle Count...

Virginia's Habitual Drunkard Laws Upheld

Posted by Thomas Wilson | Dec 21, 2018 | 0 Comments

In Virginia, a “habitual drunkard” can be arrested for buying alcohol, drinking alcohol, or having a can of beer in their possession. Anyone convicted of driving under the influence (DUI) under Virginia Code § 18.2-266 can also face a similar restriction with respect to their ability to possess o...

Winter DUIs Over the Holidays in Virginia

Posted by Thomas Wilson | Dec 13, 2018 | 0 Comments

As the end of 2018 approaches, many people will be traveling to, from, and through Virginia on their way to visit family or return home from school vacations. When celebrating the holidays and New Year's Eve, a lot of people will enjoy a drink or two. Unfortunately, at the end of the celebration,...

Guide to Following Too Closely in VA

Posted by Thomas Wilson | Apr 26, 2017 | 0 Comments

"[t]he driver of a motor vehicle shall not follow another motor vehicle . . . more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time."

License Suspension Due to Reckless Driving in VA

Posted by Thomas Wilson | Apr 03, 2017 | 0 Comments

A very common concern among drivers charged with reckless driving in Virginia is whether they will lose their license if convicted. There are two main ways that a driver may lose his license due to a reckless driving conviction. One way is a license suspension imposed by the judge in your case. The other way is a suspension by the DMV due to excessive points against your license. The former is much more common than the latter, but for some drivers with bad driving records, the latter does become an issue. For CDL disqualifications, see my page here on this issue.

Fine for Reckless Driving in Virginia

Posted by Thomas Wilson | Mar 08, 2017 | 0 Comments

One of the most common questions clients have when they call in after receiving a reckless driving ticket is how much the fines will be. Many clients call after trying to prepay their ticket, only to realize after speaking with the clerk's office that the ticket is not prepayable. This page answers some of the questions clients have when trying to determine how much they will have to pay as a result of a reckless driving conviction.

CDL Disqualification Due to Reckless Driving

Posted by Thomas Wilson | Mar 01, 2017 | 0 Comments

Commercial driver's depend on their CDL for their livelihood. Many drivers with CDL's call my office after receiving a reckless driving ticket, concerned they may lose their CDL as a result of their reckless driving ticket. This page addresses the instances where a driver's CDL may be suspended or disqualified due to a CDL reckless driving conviction.

Virginia's CDL Law

Posted by Thomas Wilson | Feb 01, 2017 | 0 Comments

Pursuant to Virginia Code § 46.2-341.18, convictions of certain offenses in Virginia will result in a disqualification of a driver's CDL. The Virginia Code groups these offenses into different categories based on the severity of the offense. The most serious category is the Major Violation category of offenses. The other category is the Serious Violation category (scroll down to see the serious violation category).

Effect of an Out of State Driving Ticket Conviction

Posted by Thomas Wilson | Jan 11, 2017 | 0 Comments

Drivers that receive tickets out of state are often unsure whether the ticket they received will be applied against their driving record. This page is designed to answer many of the questions that drivers from Virginia, North Carolina, and other nearby states may have when receiving a ticket in another state.

Driving Without Insurance

Posted by Thomas Wilson | Jan 03, 2017 | 0 Comments

As a general rule, all motor vehicles, trailers, and semi-trailers operated on a public road in Virginia must be registered. § 46.2-613. When registering your vehicle you must state whether the vehicle is insured or not. The purpose of auto insurance of course is to ensure that a motor vehicle owner has enough money to cover expenses in case of an accident.

VA Driving Classes

Posted by Thomas Wilson | Dec 14, 2016 | 0 Comments

The DMV will order certain drivers to attend driver improvement courses due to the accumulation of excessive points within certain periods of time. See page here. § 46.2-498. Alternatively, drivers may voluntarily attend a driver improvement clinic to receive an increase in points or a reduction in insurance premiums (subject to restrictions, see below).

Restricted Licenses in Virginia

Posted by Thomas Wilson | Nov 16, 2016 | 0 Comments

A driver's privilege to drive in Virginia may be suspended for many reasons. Some of those reasons include failure to pay court costs, unpaid child support, or due to a conviction such as a DUI or a drug related charge.

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Focused on Criminal and Traffic defense in Charlottesville and the surrounding area, including Albemarle, Orange, Greene, Louisa, Madison, Buckingham, Goochland, Nelson, and Augusta Counties.

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