New Criminal and Traffic Law for Virginia Effective July 1, 2010

The new legislation passed in the 2010 Session of Virginia General Assembly went into effect July 1, 2010.  Below are some of the highlights as related to traffic and criminal legislation (for a complete list visit http://www.vsp.state.va.us/downloads/Selected_Acts_2010.pdf):

A person who operates a school bus transporting children while possessing/consuming an alcoholic beverage will not be guilty of a class 1 misdemeanor.

Law enforcement may question DUI/DWI suspects about the location of their last drink consumed for communication of that information to the ABC Board.

Juveniles may be found delinquent of possession of alcohol whereas before a case for such could only be deferred and dismissed upon completion of terms.

Restricted driving privileges for children found delinquent for offenses involving alcohol, firearms and truancy are eliminated when school provided transportation is available.

Certificates of analysis (ie BAC certificates) are admissible at preliminary hearings without testimony of person who prepared report and a fee of $50 will be assessed to any defendant who requires testimony of such person and is found guilty.

Restricted driving privileges may be granted to and from a place of religious worship 1 day per week.

Restricted driving privileges may be granted to and from appointments required by Division of Child Support Enforcement, Department of Social Services and for court-ordered programs for child support.

Driving suspensions for DUI/DWI will run consecutively with any other court-ordered suspension for DUI/DWI.

DUI/DWI suspects may be arrested whether or not offense occurred in the officer's presence.

A vehicle driven by a person without a license who has previously been convicted of driving without a license, may be impounded for 3 days.

Restricted driving privileges may be granted for drivers without a valid out-of-state license upon the same conditions as if that person held a valid Virginia license.

The maximum highway speed limit increases from 65 mph to 70 mph.