Actions and Consequences

DWI/DUI
Driving

Underage drinking laws and consequences in MD, DC and VA
http://www.wrap.org/youth_5.html

These links will bring you to some of the sections of the Virginia Code dealing with traffic and driving offenses:

The Virginia Department of Vehicles Safety Page: Drinking and Driving:
http://www.dmv.state.va.us/exec/safety/safety_ddmain.asp

Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-278.9

Driving motor vehicle, engine, etc., while intoxicated, etc
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266

Persons under age twenty-one driving after illegally consuming alcohol; penalty
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266.1

Preliminary analysis of breath to determine alcoholic content of blood
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-267

Implied consent to post arrest chemical test to determine drug or alcohol content of blood
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-268.2

Refusal of tests; procedures
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-268.3

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DRIVING ON SUSPENDED

This is one of the most serious traffic offenses one can be charged with in Virginia second only to DWI with a high blood alcohol content or extremely reckless driving. This charge carries a real probability of jail time and most judges in northern Virginia will ask the defendant to secure an attorney if the defendant is unrepresented on the first court appearance.

The maximum penalty for a first offense is a jail sentence of 6 months, a $1,000 fine, and a license suspension for the same period for which it had been previously suspended (or up to 90 days if the suspension was indefinite).

One's driver's license may be suspended for failure to pay fines from another traffic ticket or it may be suspended administratively by the DMV. The underlying reason for the suspension is irrelevant to the issue of guilt or innocence of the charge itself, but the underlying reason for suspension certainly factors into the sentencing phase of the case.

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RECKLESS DRIVING

Reckless driving in Virginia is a serious criminal charge with possible ramifications to one's career, security clearance, and insurance costs. Reckless driving is a Class 1 misdemeanor - in the same classification as a DWI charge.
As stated clearly in the Code of Virginia, the penalty parameters for reckless driving is up to one year in jail, and/or up to $2,500 in fines. Reckless driving also carries the possibility of a suspension of driving privileges for up to 6 months.

§ 46.2-868. Reckless driving; penalties.
Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.

A conviction for reckless driving carries with it six (-6) demerit points as assessed by the DMV in Virginia. The courts in northern Virginia do not control the point issue and judges often state this at the beginning of the Court session.
If you are convicted of reckless driving and you have other convictions on your record including other reckless or speeding charges, you should seek the services of an attorney as there may be administrative action by the DMV upon your conviction. Also, a person with other traffic offenses and/or a negative point rating of the DMV record are often sentenced more harshly than persons with a positive ratings.

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OTHER CODES YOU SHOULD KNOW ABOUT

§ 46.2-334
Conditions and requirements for licensure of persons under eighteen; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; fee

A. Minors at least sixteen years old may be issued drivers' licenses under the following conditions:

1. The minor shall submit a proper application and satisfactory evidence that he (i) is a resident of the Commonwealth; (ii) has successfully completed a driver education course approved by either the Virginia Department of Education or, in the case of a course offered by a commercial driver training school licensed under Chapter 17 (§46.2-1700 et seq.) of this title, by the Department of Motor Vehicles; and (iii) is mentally, physically, and otherwise qualified to drive a motor vehicle safely.

2. The minor's application for a driver's license must be signed by a parent of the applicant, otherwise by the guardian having custody of him. However, in the event a minor has no parent or guardian, then a driver's license shall not be issued to him unless his application is signed by the judge of the juvenile and domestic relations district court of the city or county in which he resides. If the minor making the application is married or otherwise emancipated, in lieu of any parent's, guardian's or judge's signature, the minor may present proper evidence of the solemnization of the marriage or the order of emancipation.

3. The minor shall be required to state in his application whether or not he has been convicted of an offense triable by, or tried in, a juvenile and domestic relations district court or found by such court to be a child in need of supervision, as defined in §16.1-228. If it appears that the minor has been adjudged not innocent of the offense alleged or has been found to be a child in need of supervision, the Department shall not issue a license without the written approval of the judge of the juvenile and domestic relations district court making an adjudication as to the minor or the like approval of a similar court of the county or city in which the parent or guardian, respectively, of the minor resides.

4. The application for a permanent driver's license by a minor of the age of persons required to attend school pursuant to §22.1-254 shall be accompanied by evidence of compliance with the compulsory school attendance law set forth in Article 1 (§22.1-254 et seq.) of Chapter 14 of Title 22.1. This evidence shall be provided on a form furnished by the Board of Education and certified by the division superintendent or any of his designees. For minors attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. If the minor is unable to provide such evidence, he shall not be granted a driver's license until he reaches the age of eighteen or presents proper evidence of solemnization of his marriage or an order of emancipation or the parent, as defined in §22.1-1, or other person standing in loco parentis, has provided written authorization for the minor to obtain a driver's license.

A minor may, however, present a high school diploma or its equivalent or a certificate indicating completion of a prescribed course of study as defined by the local school board pursuant to §22.1-253.13:4 as evidence of compulsory school attendance compliance.

5. The minor applicant shall certify in writing, on a form prescribed by the Commissioner, that he is a resident of the Commonwealth. The applicant's parent or guardian shall also certify that the applicant is a resident by signing the certification. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent's certification of residence.

B. Any parent or guardian of an unmarried or unemancipated minor may, after the issuance of a permanent driver's license to such minor, file with the Department a written request that the license of the minor be canceled. When such request is filed, the Department shall cancel the license of the minor and the license shall not thereafter be reissued by the Department until a period of six months has elapsed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.

C. The provisions of subsection A of this section requiring that an application for a driver's license be signed by the parent or guardian shall be waived by the Commissioner if the application is accompanied by proper evidence of the solemnization of the minor's marriage or a certified copy of a court order, issued under the provisions of Article 15 (§16.1-331 et seq.) of Chapter 11 of Title 16.1, declaring the applicant to be an emancipated minor.

D. A learner's permit accompanied by documentation verifying the minor's successful completion of an approved driver education course shall constitute a temporary driver's license for purposes of driving unaccompanied by a licensed driver as required in §46.2-335, if all other requirements of this chapter have been met. The temporary license shall only be valid until the permanent license is presented as provided in §46.2-336.

E. Notwithstanding the provisions of subsection A of this section requiring the successful completion of a driver education course approved by the Virginia Department of Education, the Commissioner, on application therefore by a person at least sixteen years of age but less than eighteen years of age, shall issue to the applicant a temporary driver's license valid for six months if he (i) certifies by signing, together with his parent or guardian, on a form prescribed by the Commissioner that he is a resident of the Commonwealth; (ii) is the holder of a valid driver's license from another state; and (iii) has not been found guilty of or otherwise responsible for an offense involving the operation of a motor vehicle. No temporary license issued under this subsection shall be renewed, nor shall any second or subsequent temporary license under this subsection be issued to the same applicant. Any such minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to obtain the signature of his parent or guardian for the temporary driver's license.

F. For persons qualifying for a driver's license through driver education courses approved by the Department of Education or courses offered by commercial driver training schools licensed by the Department, the application for the learner's permit shall be used as the application for the driver's license pursuant to §46.2-335.

G. Driver's licenses shall be issued by the Department to minors successfully completing driver education courses approved by the Department of Education when the Department receives from the school proper certification that the student (i) has successfully completed such course, including a road skills examination; (ii) is regularly attending school and is in good academic standing or, if not in such standing, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a driver's license; and (iii) upon payment of a fee of $2.40 per year, based on the period of the license's validity. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver's license.

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§ 46.2-334.01
Licenses issued to persons less than eighteen years old subject to certain restrictions

Any learner's permit or driver's license issued on or after July 1, 1998, to any person less than eighteen years old shall be subject to the following:

1. Notwithstanding the provisions of §46.2-498, whenever the driving record of a person less than eighteen years old shows that he has been convicted of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title:

a. The Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance.

b. No motor vehicle, while being operated by any person holding a learner's permit or driver's license subject to the restrictions contained in this section, shall transport more than three passengers, in addition to the driver, who are less than eighteen years old. This limitation, however, shall not apply to (i) members of the driver's family or household or (ii) a driver less than eighteen years old who is driving to or from either school or his place of employment. No citation for a violation of this subdivision shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute. For the purpose of this subdivision, "members of the driver's family or household" means (i) the driver's spouse, whether or not he or she resides in the same home with the driver; (ii) the driver's former spouse, whether or not he or she resides in the same home with the driver; (iii) the driver's children, stepchildren, brothers, sisters, half brothers, and half sisters, whether or not they reside in the same home with the driver; (iv) the driver's brothers-in-law and sisters-in-law who reside in the same home with the driver; (v) any individual who has a child in common with the driver, whether or not the driver and that individual have been married or have resided together at any time; or (vi) any individual who cohabits or who, within the previous twelve months, cohabited with the driver, and any children of either of them residing in the same home with the driver.

2. If any person less than eighteen years old is convicted a second time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall suspend such person's driver's license or privilege to operate a motor vehicle for ninety days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.

3. If any such person is convicted a third time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of eighteen years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.

4. In no event shall a driver who is under the age of eighteen and subject to the provisions of this section, be subject to the suspension or revocation provisions of subdivision 2 or 3 of this section for multiple convictions arising out of the same transaction or occurrence.

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