Posts Tagged ‘18.2-272’

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The author, Marina Medvin, is a passionate trial attorney who focuses her practice exclusively on criminal defense. She advocates for her clients in Federal and Virginia State courthouses on a daily basis. Ms. Medvin is presently accepting clients for criminal cases pending in Alexandria, Fairfax, Arlington, Falls Church, Prince William, and in the United States District Court for the Eastern District of Virginia in Alexandria. This article contains detailed and easy to understand explanations of the various laws, penalties, and consequences of driving while your license, permit, or privilege to drive was suspended or revoked.

VIRGINIA LAW ON DRIVING ON A SUSPENDED LICENSE

Virginia law punishes driving behavior as a crime. If you drive in Virginia after your driver’s license was suspended or revoked, you will be charged with a Class 1 misdemeanor offense under VA Law 46.2-301 (shared by county code 82-1-6 in Fairfax). A third or subsequent offense occurring within a 10-year period also carries a mandatory minimum term of confinement in jail of 10 days.

Defenses include driving a vehicle in order to save life or limb, or not having notice of the suspension of revocation.
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Northern Virginia:
A repeat offender (with 12 prior felony and misdemeanor convictions) was charged with 8 total criminal offenses – felony endangerment / eluding police (VA Code 46.2-817), misdemeanor 2nd DUI in 5 years (VA Code 18.2-266), misdemeanor reckless driving (VA Code 46.2-852), misdemeanor driving on a suspended license after a DWI (VA Code 18.2-272), misdemeanor driving on a revoked license 3rd offense (VA Code 46.2-301), misdemeanor drinking while driving / open container of alcohol in vehicle (VA Code 18.2-323.1), refusal to take breath test (VA Code 18.2-268.3), and traffic offenses. All charges were DROPPED prior to commencement of a jury trial with a plea to one felony and one misdemeanor, significantly reducing client’s potential jail sentence.

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862

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Alexandria, Virginia: Client was charged with class 1 misdemeanor DWI / DUI Drunk Driving (VA Code 18.2-266) after a serious vehicle accident. Trial result – NOT GUILTY.

Civil infraction ticket refusal to take a breath / blood test resulted in the standard 12 month loss of privilege to drive in Virginia, and a traffic infraction charge of failure to maintain lane of travel was fined. No criminal conviction and no criminal record as a result.

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

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Fairfax County, Virginia: Client was charged with class 1 misdemeanor DUI Drunk Driving (VA Code 18.2-266) – with a BAC (blood alcohol content) of .15. Under VA law, he was facing a mandatory minimum jail sentence of 5 days and a maximum sentence of up to 1 year in jail, license suspension for 12 months, up to a $2,500 fine, and ASAP classes.

RESULT: The BAC of .15 was REDUCED below the mandatory minimum level, NO ACTIVE JAIL TIME, only a $250 active fine, license suspension, and ASAP classes!

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

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Fairfax County, Virginia: Client was charged with a Drunk Driving violation (VA Code 18.2-266 – a class 1 misdemeanor offense) – with a BAC (blood alcohol content) of .12. Under VA law, she was facing a mandatory license suspension for 12 months, up to 1 year in jail, up to a $2,500 fine, and ASAP classes.

RESULT: NO ACTIVE JAIL TIME! With only an active $250 fine, license suspension, and ASAP classes!

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

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NORTHERN VIRGINIA: Client was charged with a serious Drunk Driving violation (VA Code 18.2-266 – a class 1 misdemeanor offense) with a BAC (blood alcohol content) of .18. Under VA law, he was facing a mandatory minimum of 5 days in jail for having a BAC above .15. He was also charged with Reckless Driving (VA Code 46.2-852 – also a class 1 misdemeanor offense) for speeding 30 miles over the speed limit. The evidence in this case overwhelmingly favored the government.

Client was facing up to 2 years in jail with a maximum fine of $5,000.

RESULT: Reckless Driving charge DISMISSED. DUI with a .18 charge REDUCED to a DUI with a lower BAC level of .14. Client received a penalty of a $300 fine and only two and a half days to serve in jail, with the standard license suspension for DUI offenses.

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862

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Fairfax City, Virginia: Client was facing 3 criminal charges: misdemeanor DUI drunk driving (VA Code 18.2-266), misdemeanor refusal to take a breath / blood test, and misdemeanor driving in violation of restricted / revoked driver’s license. The evidence in this case overwhelmingly favored the government, as the client was recorded by the police officer’s video camera, which showed the defendant acting uncooperatively, intoxicated, and racist.

This was also the client’s second DUI/DWI offense within 5 years – which has a mandatory 20 day jail sentence under Virginia law. Client was facing up to 3 years in prison, and up to a $7,500 fine on all charges.

RESULT: Guilty plea to the DUI with the mandatory minimum jail sentence and no additional jail time, and the other two misdemeanors were DROPPED.

Read more about DUI law here: DUI / DWI LAWS IN VIRGINIA | A criminal defense lawyer’s explanation of drunk driving arrests, 18.2-266 charges, and refusal to take a breath test

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FAIRFAX COUNTY, VIRGINIA: Class 1 Misdemeanor Charge of Driving on a Suspended / Revoked License (VA Code 46.2-301) was DROPPED.

Read more about Reckless Driving and other criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Criminal Lawyer’s explanation of VA Law 46.2-852 and 46.2-862

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