An Educated Client is the Best Client - Get Your Virginia DUI Questions Answered Here
Many people who have been cited for reckless driving or arrested for drunk driving in Virginia have common questions, and our Manassas DUI defense lawyers developed this section on our website to educate, inform and help you through this difficult time. When you are facing a challenging case, look for your answers here. If you cannot locate the answer to your specific question, please give us a call, and our qualified Northern Virginia criminal defense attorneys will answer your legal questions.
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Can a trucker be charged with reckless driving in Virginia?
Yes. In Virginia, the crime of reckless driving applies to anyone who drives a vehicle—not just drivers of passenger cars. While all drivers face significant legal penalties if they are found guilty of reckless driving, truckers face additional consequences because of their line of work.
For a Trucker, a Reckless Driving Conviction Could Mean the End of a Career
A trucker with a commercial driver’s license may be subject to consequences from three different sources. Specifically, a trucker may face penalties from:
The Commonwealth of Virginia. Reckless driving is a Class 1 misdemeanor in Virginia and the legal penalties for committing this crime may include a significant financial fine, up to 12 months in jail, and a suspension of your driver’s license.
The Federal Motor Carrier Safety Administration (FMCSA). While the FMCSA does not define reckless driving, it has classified reckless driving as a serious violation for drivers who have commercial drivers’ licenses and the agency may impose penalties for serious violations that occur in any state. Two serious violations within three years may result in a 60-day disqualification from operating a commercial vehicle and a third violation in three years can bring that disqualification up to 120 days.
An employer. Your employer may decide that your employment should be terminated because of your reckless driving conviction and other employers may be unwilling to hire you as a driver.
Generally, these potential consequences only apply if you plead guilty to or if you are found guilty of reckless driving. Accordingly, it is important to understand the evidence against you and to make informed decisions about how to respond to the charge of reckless driving.
Get the Legal Help That You Deserve if You’ve Been Charged With Reckless Driving
You are facing a serious charge that could impact your livelihood and result in jail time. It is important to take this charge seriously and to make sure that you are treated fairly in accordance with Virginia law.
Protect your rights today by contacting The Wilson Law Firm for a free consultation. We can review your case with you and help you through this difficult time by making sure that all of your legal rights are protected.
Do I need a lawyer if I’ve been accused of reckless driving in Virginia and I think that I really am guilty of driving over the speed limit?
Yes, you should contact a reckless driving lawyer even if you think that you are guilty of speeding. Reckless driving is not the same as a speeding ticket. Instead, reckless driving is a crime, and it is important that you understand your rights so that you can be treated fairly under the law.
You May Think You’re Guilty—But You May Not Be Guilty of Reckless Driving
Reckless driving is a specifically defined crime in the Commonwealth of Virginia. Thus, while you may be sure that you were speeding, you may not really know if you should be charged with reckless driving. To be convicted of reckless driving for speeding in Virginia, you must have been driving more than 80 mph or at least 20 mph over the speed limit.
Attorney T. Kevin Wilson can investigate what really happened and make sure that you are only held accountable for any legal violations which you actually committed—not those you think you may have committed.
You Deserve a Fair Sentence
Even if you are guilty, you should only receive the sentence that you deserve. An experienced Virginia reckless driving lawyer can make sure that all of your rights are protected and that you are treated fairly throughout your case.
In Virginia, reckless driving is a class 1 misdemeanor and you may be sentenced to up to 12 months in prison, a fine of up to $2,500, and a six-month suspension of your driver’s license. Additionally, a reckless driving sentence could result in an increase in your car insurance premiums and it will stay on your record after the government-imposed penalties have been completed.
Accordingly, even if you were rightfully accused of reckless driving, it is important that the prosecutor and the court consider all of the information relevant to your case so that an appropriate sentence can be determined. This requires the skill and experience of a reckless driving lawyer who wants to see justice done—even if you were driving over the speed limit.
To learn more, please contact Attorney T. Kevin Wilson today for a free, no-obligation consultation about your rights.
Do Virginia reckless driving laws apply to ATVs?
Virginia law defines ATVs as motor vehicles having three or more wheels that are powered by a motor and manufactured for off-highway use, with the exception of go-karts or riding lawn mowers. ATVs are only allowed on public highways in limited circumstances, such as crossing by the most direct route or when they are being operated by law enforcement officers, firefighters, or emergency medical services personnel responding to emergencies.
Reckless Driving Charges for ATV Operation
If you operate your ATV in an unsafe manner, you can be charged with reckless driving. Virginia law considers a wide range of actions to be reckless driving, such as driving too fast for weather conditions, failing to yield right of way, and failure to maintain control. However, reckless driving charges involving an ATV often fall under the general rule outlined in Virginia Code § 46.2-852. The law states that irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
The general rule for reckless driving can be used in cases involving races or stunts that pose a danger to property and public safety. Drivers who engage in this type of behavior and post evidence of their actions on social media will be prosecuted upon identification.
How T. Kevin Wilson Can Help
Reckless driving is much more serious than a simple traffic ticket. It is considered a misdemeanor criminal offense, which carries hefty fines, potential jail time, and a license suspension. You will also be left with the stigma of a criminal record, which can cause problems with pre-employment background checks, security clearances, military service, graduate school applications, and more.
An experienced reckless driving lawyer can help you build an aggressive defense against charges related to ATV operation. To learn more, call Virginia reckless driving attorney T. Kevin Wilson to schedule a free, no-obligation case review.
If I was using cruise control, can I be convicted of reckless driving?
Cruise control may feel like a lifesaver on long road trips, but this feature must be used carefully to avoid a reckless driving charge.
How Cruise Control Affects a Reckless Driving Charge
Cruise control takes over the throttle of your vehicle to maintain a steady speed. Traditionally, the driver brings the vehicle to the desired speed and pushes a button to set the cruise control. However, some newer vehicles have adaptive cruise control technology that uses radar sensors to detect the speed of the vehicle in front of you and make the necessary adjustments to maintain a safe following distance.
Regardless of what type of cruise control you are using, you can turn off the feature by braking. This means that you are still in control of the vehicle and responsible for safe driving. As such, you can be charged with reckless driving if you are spotted engaging in any behaviors that an officer believes violates the Virginia reckless driving statute.
Defending Against a Reckless Driving Charge
Reckless driving is a misdemeanor criminal offense that comes with hefty fines, potential jail time, and the possibility of a criminal record. As such, it is vital that you prepare an aggressive defense against the charge.
Although you cannot use cruise control as a defense, obtaining a speedometer calibration may be an option if you were charged with reckless driving by speed. It is common for speedometers to become less accurate over time. If your calibration shows that your vehicle speedometer was under measuring your speed, the judge will likely give you credit for the discrepancy. This can result in the charge being reduced or dropped if you were clocked close to the legal limit for a reckless driving charge.
Questioning the accuracy of the radar or lidar device the officer used to measure your speed may also be an option. Officers are required to have a calibration certificate issued within the past six months. The certificate must provide specific details to confirm the accuracy of the device before it can be accepted as evidence against you.
Virginia attorney T. Kevin Wilson has extensive experience helping drivers develop an effective defense against reckless driving charges. Call today to schedule a free, no-obligation initial consultation.
Is the police officer’s radar calibration enough to convict me of reckless driving by speed?
Virginia considers reckless driving by speed to be a misdemeanor criminal offense, but you can only be convicted if the officer's radar reading can be proven accurate via a calibration certification. If the certificate doesn't qualify as legally valid, the case can be dismissed due to a lack of evidence.
How Radar Guns Work
Radar guns send and receive radio signals to calculate vehicle speed using the Doppler effect, which is the change in frequency or wavelength for an object moving relative to the wave source. The devices are calibrated using a tuning fork. A tuning fork is a two-pronged metal fork that is most commonly used as a pitch standard to tune musical instruments, but can be also be used to ensure that the radar gun is accurately tracking the radio signals as they bounce off a speeding vehicle.
Requirements for Calibration Certificates
A radar calibration certificate must be issued within six months from the date of your citation. The certificate needs to clearly identify the radar gun that was calibrated and identify the person who performed the calibration. If the certificate doesn't meet these criteria, it can't be used as evidence.
Copies of Calibration Certificates
Officers generally produce original calibration certificates, but will sometimes try to submit a photocopy. A photocopy of the original document may not be considered admissible in court, depending on who produced the copy.
The court allows true copies of records of the Commonwealth of Virginia or its agencies to be used as evidence in a case. However, the copy needs to be authenticated. A simple Xerox is not enough to prove the accuracy of the radar reading.
Protecting Your Rights
No matter what the circumstances, it would be a mistake to simply plead guilty and accept the consequences of a reckless driving charge. Reckless driving by speed in Virginia carries harsh penalties, including:
- Jail time of up to one year
- Up to $2,500 in fines
- Driver's license suspension of 10 days to six months
- Six demerit points added to your driving record
T. Kevin Wilson has extensive experience helping drivers defend against reckless driving charges. Schedule a free, no-obligation case review to learn more.
What are tuning forks and how are they relevant to my reckless driving defense?
Tuning forks are two-pronged metal forks that are most commonly used as a pitch standard to tune musical instruments. However, they also play a key role in ensuring the accuracy of a police officer's radar readings.
How Are Tuning Forks Used by Law Enforcement?
Tuning forks are used to calibrate the radar guns officers use to track speeding vehicles. The officer is supposed to calibrate the radar device at the start and end of each shift to make sure it is producing accurate readings. The tuning fork itself is supposed to be calibrated every six months to make sure it is producing a frequency equivalent to that of a vehicle moving at the targeted speed.
How Does This Affect Your Reckless Driving Defense?
The most common scenario in which tuning forks become a crucial piece of evidence is when you've been charged with reckless driving by speed for going more than 20 miles per hour over the legal speed limit or over 80 miles per hour regardless of the posted speed limit. Virginia law says a tuning fork calibration is only valid for six months. If the calibration occurred more than six months before the date of your stop, the attorney can use this evidence to support your defense.
For the calibration to be valid, the tuning fork serial number must be listed on the calibration certificate. Ideally, the serial number should also be listed on your reckless driving ticket. Different types of radar devices can use different frequencies, so it's vital that an officer be able to establish which tuning fork was used to verify the accuracy of the radar.
If the officer can't provide sufficient evidence that the tuning fork calibration is accurate, this casts doubt on the accuracy of the radar reading. If you were ticketed as being only slightly over the limit for a reckless driving by speed charge, this doubt is often enough to get your charge reduced or dropped. To learn more, call today to schedule a free, no-obligation case review with Virginia reckless driving attorney T. Kevin Wilson.
Is texting and driving a type of reckless driving?
Under Virginia law, texting and driving and reckless driving are two distinct offenses. You can't automatically be charged with reckless driving if you were texting and driving. However, you can be charged with both offenses if you are texting and creating a hazardous situation that qualifies as reckless driving.
Virginia's Texting and Driving Law
It is illegal to use a smartphone or handheld personal communications device to either compose or read emails or text messages while driving. However, there are exceptions for people who are operating emergency vehicles, reporting emergencies, using GPS, or reading caller ID.
Texting while driving is a traffic infraction, but is a primary offense. This means you can be pulled over and ticketed even if you haven't broken any other laws. The first offense is punished with a $125 fine, while the second or subsequent offense is punished with a $250 fine. You will also receive three demerit points on your DMV record.
Virginia's Reckless Driving Law
Reckless driving encompasses a wide range of unsafe behaviors that could be performed while texting. This includes actions such as speeding, driving too fast for weather conditions, failing to give proper signals, and failing to maintain control.
Reckless driving is a misdemeanor criminal offense. It is punished with a fine of up to $2,500, potential jail time of up to one year, a driver's license suspension of 10 days to six months, and six demerit points added to your driving record.
How T. Kevin Wilson Can Help
If you've been charged with reckless driving after texting, it's in your best interests to seek legal representation. Virginia has some of the harshest reckless driving laws in the nation. A conviction will give you the stigma of a criminal record, making it harder to pass a pre-employment background check, apply to graduate school, enlist in the military, or maintain an active security clearance.
Attorney T. Kevin Wilson is dedicated to helping Virginia drivers build an aggressive defense against reckless driving charges. Call today to schedule a free, no-obligation case review.
Can I be arrested for a DUI if I wasn't driving?
It may surprise you to learn that it's quite possible to be charged with driving under the influence even if you weren't actually driving. As long as you were in physical control of the vehicle, a Virginia law enforcement officer has grounds for an arrest.
Determining Physical Control of the Vehicle
According to Virginia DUI law, you don't need to be driving as long as you are physically in control of the vehicle. This means you could be arrested for drunk driving if you were:
- Sitting in the driver's seat
- Sitting in the car with the engine running
- Sitting with the keys within reach
If you were sleeping in the back seat with the vehicle not running, you wouldn't be considered in physical control of the vehicle. Physical control requires the reasonable belief that you'd be able to operate the vehicle given your current position.
Cases involving physical control carry the same penalty as a DUI arrest when you were actually driving, but the good news is that the court is skeptical regarding this type of charge. If you can show evidence that you were waiting for a designated driver or simply trying to sober up before heading home, you may have a solid defense.
Cases Involving Mistaken Identity
Sometimes, a DUI charge may be based on mistaken identification of the driver. For example, if several friends were traveling together, it might it be impossible for law enforcement to determine who was actually driving the vehicle if there are no outside witnesses. Arguing this type of case can be difficult, which is why you'll need to contact an experienced attorney as soon as possible
How T. Kevin Wilson Can Help
A DUI charge is a serious matter, even if it's your first offense. If you've been charged with drunk driving and you weren't driving at the time of your arrest, Virginia DUI attorney T. Kevin Wilson can help you build an aggressive defense. Call today to schedule a free, no-obligation initial case review.
The officer did not use radar to document my speed, but instead used something called lidar. What is it?
If you frequently watch cop shows on TV, you're probably familiar with the practice of using radar guns to track speed. However, if you've been charged with reckless driving by speed under Virginia law, your speed may have been checked with lidar.
Understanding the Difference Between Radar and Lidar
RADAR stands for RAdio Detection And Ranging. It's been used by law enforcement since the 1950s and uses radio waves to determine the speed of vehicles that are in the beam. The calculation involves both radio transmit frequency and the returning signal frequency.
LIDAR is a newer technology. This acronym stands for LIght Detection And Ranging. Lidar uses lasers to detect the speed of vehicles that are in the path of the beam. The advantage of lidar is that it allows officers to more accurately hone in on one specific vehicle.
Although lidar is thought to be slightly more accurate when determining the speed of vehicles that are traveling in heavy traffic, both radar and lidar usage are acceptable for the purpose of issuing a reckless driving ticket.
Reckless Driving by Speed
You can be charged with reckless driving if your speed was measured at 20 miles or more over the speed limit or over 80 miles per hour, regardless of the posted speed limit.
Penalties for reckless driving by speed include:
- Jail time of up to one year
- Up to $2,500 in fines
- Driver's license suspension of 10 days to six months
- Six demerit points added to your driving record for 11 years
Defending Against the Charge
It does not matter whether the officer used radar or lidar to measure your speed. However, the officer does need to be able to prove the device was functioning correctly. This involves producing a calibration certificate issued within the last six months.
Working with an experienced attorney is the best course of action after receiving a reckless driving ticket. T. Kevin Wilson is dedicated to helping Virginia drivers build an aggressive defense against reckless driving charges. Call today to schedule a free, no-obligation case review.
I'm an international student studying in the U.S. What will happen to me if I'm convicted of reckless driving?
As an international student, it's important to be very aware of the consequences of a reckless driving conviction. Although a reckless driving charge is a serious matter for any young person, it can present special immigration concerns for international students.
Penalties for Reckless Driving
In Virginia, reckless driving is considered a Class 1 misdemeanor criminal offense. Penalties include:
- Maximum fine of up to $2,500
- Potential jail time of up to 12 months
- Driver's license suspension of 10 days to six months.
- Six demerit points added to your driving record
Implications for International Students
If you are studying in the U.S. on an F-1 or M-1 student visa, you must maintain compliance with the conditions under which your visa was issued in order to legally remain in the country. Other potential issues of concern include:
- You may not be allowed to leave the country until your case is resolved, which could complicate travel plans to visit friends and family.
- Your arrest will be entered into NCIC (National Crime Information Center) database. This might cause delays in your ability to reenter the country if you return home for a visit, leaving you to potentially miss important class time.
- If your reckless driving charge involves other offenses that result in you being expelled from school, you're automatically in violation of your visa.
- You will be required to acknowledge your arrest record when you apply for renewal of your visa or a green card.
- If you are nearing graduation and wish to work in the U.S., your arrest may make it more difficult to pass a pre-employment background check.
Contact T. Kevin Wilson Today
Even though your budget may be tight as an international student, it would be a mistake to forgo legal representation. Virginia's reckless driving laws can be quite complex and it's difficult to adequately defend yourself when English is your second language.
An experienced reckless driving attorney can help you build an aggressive defense to reduce or drop the charge. Call Virginia attorney T. Kevin Wilson today to schedule a free, no-obligation case review.
Can I be arrested for reckless driving in Virginia if my driver's license is from another state?
When you're traveling in Virginia for business or pleasure, it's important to keep in mind that the state's laws apply to all motorists regardless of where their license was issued. This means that you can be arrested for reckless driving in Virginia even if your license is from another state.
How Virginia Defines Reckless Driving
Virginia law considers a wide range of actions to be reckless driving. For example:
- Driving 20 miles or more over the speed limit or over 80 miles per hour regardless of the speed limit
- Driving too fast for weather conditions
- Failure to maintain control
- Driving with an obstructed view
- Passing two vehicles abreast
- Passing a stopped school bus
- Passing at the crest of a grade or on a curve
- Failing to yield right of way
- Failing to give proper signals
- Drag racing
In addition, there is a general rule that allows an officer to arrest you for reckless driving if he believes you are operating your vehicle in a way that endangers the property or safety of others. You do not have to actually cause an accident to be charged with reckless driving.
About the Interstate Driver License Compact
The Interstate Driver License Compact is an agreement between states that allows offenses committed out of state to be treated as though they were committed in your home state. This means that a reckless driving charge in Virginia will result in whatever penalties your state would apply if you had committed the offense at home.
The Interstate Driver License Compact applies to all states in the U.S. except Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
How a Lawyer Can Help
An experienced reckless driving lawyer can help you build an aggressive defense against the charge. In many cases, your lawyer can appear in court on your behalf so you don't need to travel back to Virginia to take care of the matter. To learn more, call Virginia reckless driving attorney T. Kevin Wilson to schedule a free, no-obligation case review.
If my license is suspended for reckless driving in Virginia, can I still drive in other states?
If you're a frequent traveler, keep in mind that a Virginia reckless driving conviction will affect your ability to drive across the United States. When your original driver's license was issued by Virginia, your ability to drive in other states is a privilege based upon other states honoring the Virginia license. If your Virginia license has been suspended, there is nothing for other states to honor.
Although it was once difficult for law enforcement to track out-of-state license suspensions, the Driver License Compact makes this task much easier. This is an interstate compact committed to sharing information about the license suspensions and traffic violations of non-residents and forwarding them to the state where they are licensed. The theme for the compact is "One Driver, One License, One Record."
The Driver License Compact means that Virginia will eventually find out about any out-of-state tickets you receive. Once notification has been received, Virginia treats the offense as if it had been committed at home.
If you're picked up in another state while your Virginia license has been suspended, you can be charged with driving on a suspended license under Virginia law. This is a Class 1 misdemeanor with penalties that include up to one year in jail, $2,500 in fines, and an additional driver’s license suspension to be served after the one you received for your reckless driving charge.
Applying for a License in a New State
The National Driver Register (NDR) maintains a computerized database known as the Problem Driver Pointer System (PDPS) about drivers with revoked, suspended, canceled, or denied licenses. Records include the name, date of birth, gender, driver's license number, and reporting state where the infraction occurred. If your license is suspended in Virginia, you will appear on this database and your application will be denied if you try to apply for a license in another state.
How an Attorney Can Help
Hiring an experienced attorney is the best way to minimize the consequences of any reckless driving charge. Your attorney can explain how your past driving record will affect your case and work with you to build an aggressive defense to reduce or drop the charge. To learn more, call to schedule a free, no-obligation initial consultation with Virginia reckless driving attorney T. Kevin Wilson.
I’m unhappy with my current DUI defense lawyer. Can I fire that lawyer and hire you?
If you are not happy with your attorney's services, it is your right to find alternative legal representation. However, since doing so can create delays in your case, it is typically best to first consider if the relationship can be worked out.
Deciding to Terminate the Attorney-Client Relationship
Common reasons to consider terminating your relationship with your DUI lawyer include:
- You believe the lawyer misrepresented his experiencing handling DUI cases.
- You are not being properly informed of the progress of your case.
- You believe your lawyer has committed an ethical breach, such as mishandling confidential information or not informing you of a conflict of interest.
It is important to understand that a lawyer can't guarantee any specific outcome in your case. Sometimes, even the most well-qualified lawyer may need to deliver news that you don't want to hear. Before you consider terminating the relationship, ask yourself if there is any way to work out your differences.
If you've decided that you wish to find a new DUI lawyer, consult your contract with your original attorney to figure out how to proceed with terminating the relationship. Keep in mind that there may be a financial penalty for breaking the contract.
It is advisable to find new representation before writing a letter to formally terminate the relationship. This prevents any unnecessary delays in your case. Your letter should include a brief explanation of why you wish to end the relationship and the name and contact information for your new DUI attorney. Send the letter via certified mail and keep a copy for your records.
If your case is pending, you must notify the court of the withdrawal or substitution of counsel immediately after notifying your current attorney that you wish to end the relationship.
Contact T. Kevin Wilson
Virginia DUI lawyer T. Kevin Wilson is committed to helping clients build an aggressive defense against drunk driving charges. If you are unhappy with your current legal representation, call today to schedule a free, no-obligation case review.
What does the prosecutor have to prove in order for me to be convicted of reckless driving in Virginia?
If you've been charged with reckless driving, don't panic. A conviction is not guaranteed, especially if you have an experienced attorney on your side.
The Prosecutor's Burden of Proof
The prosecutor must provide specific forms of proof to get a conviction, depending upon what part of the reckless driving statute you've been charged under. For example, if you were charged with reckless driving by speed, the prosecutor must submit evidence of your speed and proof that the device used to measure your speed was working correctly. If you were charged under the general statute saying you were driving in a way that endangers the life, limb, or property of others, the prosecutor may introduce the testimony of the arresting officer or other witnesses on the road in addition to any applicable dash cam or surveillance video footage. Testimony regarding your demeanor at the time of the traffic stop or statements you made to the arresting officer can also be introduced as evidence if the prosecution feels it is relevant.
Regardless of what section of the reckless driving statute you were charged under, the prosecutor must provide proof that you are guilty beyond a reasonable doubt. In cases where evidence is open to interpretation, the charge is typically reduced or dropped because the prosecutor can't meet the required burden of proof.
How an Attorney Can Help
An experienced attorney can help you present evidence to counter the prosecutor's argument. This may include a speedometer calibration to disprove or argue your alleged speed, evidence of improper signage in the area where the offense occurred, or evidence that your actions were the result of a medical emergency or some other necessity.
Since reckless driving is a criminal offense that carries stiff fines and the possibility of jail time, it's in your best interest to investigate every possible way of building an aggressive defense. Virginia attorney T. Kevin Wilson is committed to helping drivers protect themselves following a reckless driving charge. Call today to schedule a free, no-obligation initial case review.
Should I trust the lawyer who drafted my will to handle my DUI case?
Most people don't give a lot of thought to the law until they need help. But, it's important to remember that lawyers generally focus on a few specific areas of the law. This means that the lawyer who drafted your will, handled your cousin's divorce, or helped your friend from college set up his small business is probably not the right person to handle your DUI case.
Questions to Ask Your Lawyer
A lawyer's website can often provide some basic details about his or her background, but you can also use your individual consultation to learn more about qualifications specifically related to handling a DUI charge.
Some questions to ask your lawyer include:
- Where did you attend law school?
- Other than your law degree, do you have any special training or knowledge related to handling DUI cases?
- How long have you practiced law?
- What percentage of your practice is devoted to DUI cases?
- How would you describe your typical client?
- How many cases have you handled that were similar to mine?
- How were these cases resolved?
- Do you regularly practice in the courthouse where my case will be handled?
- Have you ever been accused of or sanctioned for professional misconduct?
- Will you be doing the work on my case or will I be communicating with junior associates or paralegals?
As you're evaluating potential options for your legal representation, don't be afraid to walk away if you feel that a lawyer's experience doesn't match your needs. The penalties for a DUI are stiff, so you deserve the best defense possible.
Protect Your Future by Building an Aggressive DUI Defense
T. Kevin Wilson has extensive experience using cutting edge DUI defense strategies. He has completed specialized training in standardized field sobriety testing, breath alcohol testing, blood alcohol testing, and police RADAR/LIDAR in addition to serving as an instructor at Prince William County Criminal Justice Academy covering criminal law, criminal procedure, and constitutional law. Call today to schedule a free, no-obligation case review to discuss your legal options for handling your DUI case.
Can I lose my job for a DUI conviction?
Being convicted of drunk driving in Virginia carries stiff penalties, including fines, jail time, and the stigma of a criminal record. However, one often overlooked aspect of a DUI conviction is how it may affect your employment prospects.
Do I Have to Inform My Employer of My DUI?
You are not legally required to notify your employer of a DUI arrest or conviction. If you apply for a restricted license after a DUI conviction, however, the court will require proof of your employment and working hours. Depending upon where in Virginia you live, you may need a statement on company letterhead or a signed form that specifically states you're applying for restricted license due to a DUI.
Can I Be Fired for a DUI Conviction?
When you've been charged with a DUI, you'll want to review your company's handbook very carefully. Many companies require you to report DWI arrests and/or convictions to the human resources department.
Every company is a little different, but you are more likely to be disciplined or terminated for a DUI if your job requires driving. For example, a license suspension for a DUI automatically suspends your CDL. Even if you have a restricted license to drive your personal vehicle to work, the restricted license won't allow you to operate a commercial motor vehicle.
If you are required to maintain a valid security clearance for your employment, you might run into problems since a DUI conviction is a criminal charge. You may be able to get an exemption for a single offense, but could run into trouble if you have other criminal charges on your record.
How Can My Attorney Help Protect My Privacy?
If you're concerned about how a DUI conviction will affect your employment, your attorney may be able to schedule your court appearance at a time that won't interfere with your work schedule. Arrangements to serve jail time may require some time off work, but can be handled in a way that protects your privacy as much as possible.
Virginia attorney T. Kevin Wilson is committed to helping drivers build an aggressive defense against DUI charges. Please call today to schedule a free, no-obligation initial consultation.
Do I have to report a reckless driving conviction on a job application?
It's becoming common for employers to conduct a criminal background check as a condition of a job offer. As such, you may need to report a reckless driving conviction on your job application.
How to Handle Reckless Driving Charges on a Job Application
The key to completing any job application is to understand specifically what is being asked. Most applications ask about your criminal background in one of three ways:
- Have you ever been charged with a crime? You need to answer yes to this question, even if your charge is later dismissed. Reckless driving is a criminal offense.
- Have you ever been convicted of a crime? You can answer no if your charge was dismissed, although a dismissal by completing community service or a driver improvement clinic qualifies as a deferred disposition and may still be required to be reported on some applications.
- Have you been convicted of a felony? Although reckless driving can sometimes be a felony charge, it's typically only a misdemeanor.
If you fail to include the charge when required and are offered the job, you could be terminated at a later date if your employer uncovers the deception.
Effect on Your Employment Prospects
Whether or not a reckless driving charge will affect your chance of being offered the position will depend on the specific requirements of the job and your existing record. A reckless driving charge is more likely to be a problem if the job requires driving or if you already have a criminal record.
In many cases, an employer will give you a chance to explain the circumstances behind the charge. It's a good idea to be prepared with an explanation before you go to an interview.
How T. Kevin Wilson Can Help
Since a reckless driving conviction can make job hunting more challenging, it's never a good idea to just pay the ticket and hope for the best. Virginia attorney T. Kevin Wilson is dedicated to helping drivers build an aggressive defense to reduce or drop reckless driving charges. Call today to schedule a free, no obligation consultation.
I wasn’t exceeding the posted speed limit by 20 miles per hour. Why was I arrested for reckless driving speeding?
Although many cases of reckless driving in Virginia involve drivers who were exceeding the posted speed limit by 20 miles per hour, you can still be charged with reckless driving even if weren't speeding. Regardless of the posted speed limit, law enforcement officers can charge you with reckless driving if they believe you were traveling too fast for the weather or traffic conditions.
Virginia Law Regarding Speed and Road Conditions
Virginia code § 46.2-861 states: "A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit."
Some factors that might affect whether or not you're charged with this offense include
- Icy roads
- Road construction
- Slowed traffic due to a recent accident
- Other emergency conditions
Defending Against the Charge
Compared to other aspects of the reckless driving code, § 46.2-861 is very much open to interpretation. The key points to remember when building a defense are "unreasonable" and "given the conditions." If you can show evidence indicating that your behavior was not unreasonable, you may be able to have the charge dropped. You may present evidence such as a past driving record indicating safe behavior, your familiarity with the roads, and the following distance of other vehicles to support your claim. Agreeing to community service or attending a driver improvement class may also be options in some circumstances.
Protect Your Rights by Hiring an Attorney
Reckless driving is a criminal charge, which makes it much more serious than a simple traffic violation. If you're convicted, you'll face hefty fines, jail time, and the stigma of a criminal record that can affect future education and employment opportunities. The best way to protect your rights is to hire an attorney who is experienced in advocating for drivers accused of this offense.
T. Kevin Wilson is dedicated to helping Virginia drivers minimize the negative consequences of reckless driving charges. Call today to schedule a free, no-obligation initial case review.
Can I be arrested for reckless driving in a parking lot?
Contrary to popular belief, you don't necessarily need to be driving on a public roadway to be charged with reckless driving. You can be charged with reckless driving for demonstrating unsafe behavior while on the premises of any establishment providing parking spaces for customers, patrons, or employees.
Understanding Virginia Code §46.2-864
Virginia Code §46.2-864 specifically states that parking lot reckless driving charges must be based on behavior that is endangering the life, limb, or property of any person. This is a departure from other sections for the Virginia Code, which only require that you commit a specific violation such as passing a stopped school bus or driving two abreast in a single lane.
Examples of some behaviors that might receive a reckless driving charge in a parking lot include:
- Doing donuts
- Spinning tires
You don't necessarily have to cause an accident to be charged with this form of reckless driving. Officers are given significant discretion when it comes to issuing citations, which means they can charge you if they believe you placed others at risk. You can be ticketed in the parking lot of any business, church, school, nonprofit organization, or government office.
Defending Against the Charge
Submitting testimony of witnesses or security video from the parking lot might corroborate your version of the events. Unfortunately, however, this type of case often comes down to your word against the officer’s. This means you may need to employ strategies such as providing a copy of your driving record, attending a driver improvement clinic, or completing community service to demonstrate remorse for your actions.
Since reckless driving is a criminal charge and not a simple traffic violation, a conviction can mean hefty fines, the possibility of jail time, and the stigma of a criminal record. Protect yourself by hiring an experienced attorney who can advise you on the best way to reduce or drop the charge. To learn more, call to schedule a free initial consultation with Virginia reckless driving attorney T. Kevin Wilson.
Should I cooperate with police if they try to arrest me for a DUI?
Being stopped by the police can be an intimidating and somewhat frightening experience, especially when you've been accused of driving under the influence. Cooperating with the officer is in your best interest, but keep in mind that you are not required to submit to a breathalyzer or field sobriety tests if you haven't been arrested.
How to Handle Being Stopped for Suspicion of a DUI
If an officer pulls you over, keep in mind the following tips:
- Be polite and respectful. Remember that the officer is only doing his or her job.
- Don't apologize, admit wrongdoing, or make excuses for your behavior.
- Provide your driver's license and insurance information when requested.
- Never, under any circumstances, try to physically resist arrest.
You are not legally required to agree to submit to field sobriety testing, but the officer may weigh your refusal to do so when determining if there is probable cause for arrest. If you opt to take a field sobriety test, be sure to inform the officer of any medical conditions you have that may affect the results. For example, a bad knee or an inner ear infection would likely affect your ability to balance on one leg.
You do not need to take a preliminary breath test before you've been arrested. This test is often asked for as part of field sobriety testing, but refusing to submit to the test can't be used against you as evidence in court.
Virginia's Implied Consent Law
Virginia's implied consent law requires you to submit to a blood test or breath test only if you've been arrested for a DUI because the officer has probable cause to believe you've been drinking or are under the influence of illegal drugs. This test must be completed within three hours of the time you were arrested. Refusing to take the test results in a one-year suspension of your driver's license for the first offense.
Retaining Legal Representation
A DUI charge requires an aggressive defense from an experienced attorney. Call today to schedule a free, no-obligation initial case review with Virginia DUI attorney T. Kevin Wilson.