Posts Tagged ‘Driving Privileges’

An order adjudicating defendant as a habitual offender and revoking his driving privileges was not deemed void merely because it did not expressly state the length of time that defendant’s driving privileges were revoked

Driving on suspended licence is a very serious crime.

The SRIS Law Group Virginia Driving on suspended licence attorneys can defend you against any type of Driving on suspended licence charge.

Our Virginia Driving on suspended licence lawyers have the experience to defend you against any type of Driving on suspended licence charge.

Contact a SRIS Law Group Virginia Driving on suspended licence lawyer in Virginia.

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MARYLAND DRIVING ON SUSPENDED LICENSE  DEFENSE

DEFENDING DRIVING ON SUSPENDED LICENSE & REVOKED LICENSE CHARGES IN MARYLAND

If you are charged with driving on a suspended license, revoked license or no operator’s license in Maryland, we hope this page will give you some information as to how the laws of Maryland may apply to you. This is the Maryland Driving on Suspended License (DOS), Revoked License, and No Operator’s License (NOL) laws Information Page sponsored by SRIS, P.C. The Maryland Law Offices of SRIS, P.C. have two offices in Maryland to better server you. The offices are in Rockville and Annapolis , Maryland. If you wish to consult a SRIS, P.C. Maryland driving on suspended lawyer who assists client who have been charged with Driving on Suspended License, Driving on Revoked License or No Operator’s License, please simply contact us via our toll free number,e-mail or by filling out our on-line form. You will then be promptly contacted by our of our experienced Maryland attorneys who will advise you as to how they can best assist you.

To obtain a general overview of driving on suspended or driving on revoked licenses, please click here.

To learn more about the laws pertaining to driving on suspended or driving on revoked licenses in Virginia or Massachusetts, please click on the state.

The following are some of the different types of driving on suspended license or driving on a revoked license law in the State of Maryland. Click on any of these laws to learn more about them.

• Driving with canceled privileges prohibited
• Suspended foreign license; driver prohibited
• Reinstatement of driving privileges; costs

MD Code, Transportation, § 16-303- Driving with canceled privileges prohibited (top)

(a) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is refused in this State or any other state.
(b) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is canceled in this State.
(c) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended in this State.
(d) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is revoked in this State.
(e) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is canceled.
(f) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is suspended.
(g) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license issued by any other state is revoked.
(h) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended under § 17-106, § 26-204, § 26-206, or § 27-103 of this article.
(i)(1) This subsection applies only to a person whose license or privilege to drive is suspended under the traffic laws or regulations of another state for:
(i) Failure to comply with a notice to appear in a court of that state contained in a traffic citation issued to the person; or
(ii) Failure to pay a fine for a violation of any traffic laws or regulations of that state.
(2) A person may not drive a motor vehicle on any highway or on any property specified in § 21-101.1 of this article while the person’s license or privilege to drive is suspended under the traffic laws or regulations of any other state as described in paragraph (1) of this subsection.
(j)(1) Except as provided in paragraph (2) of this subsection, any individual who violates a provision of this section shall be assessed the points as provided for in § 16-402(a)(30) of this title.
(2) Any individual who violates a provision of subsection (h) or subsection (i) of this section shall be assessed the points as provided for in § 16- 402(a)(11) of this title.

MD Code, Transportation, § 16-211. Suspended foreign license; driver prohibited (top)

(a) An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(b) An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(c) An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any license or permit issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(d) An individual whose license or privilege to drive has been refused under this title may not drive a motor vehicle in this State after the refusal under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(e) An individual whose license or privilege to drive has been suspended under this title may not drive a motor vehicle in this State during the suspension under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.
(f) An individual whose license or privilege to drive has been revoked under this title may not drive a motor vehicle in this State after the revocation under any registration certificate issued by any other jurisdiction or otherwise, until a new license or privilege is obtained under this title.

MD Code, Transportation,§ 16-209. Reinstatement of driving privileges; costs (top)

(a) On filing an application for a new license or for reinstatement of the privilege to drive, any individual whose license or privilege to drive has been revoked, shall pay to the Administration a fee established by the Administration.
(b) If the applicant’s license was revoked as a result of a conviction under § 21-902 of this article or a violation of an alcohol restriction, the applicant shall pay a fee established by the Administration in addition to the amount charged under subsection (a) of this section.
Our Maryland driving on suspended attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MARYLAND TRAFFIC LAWYERS

DEFENDING CLIENTS CHARGED WITH TRAFFIC TICKETS IN MARYLAND & SPEEDING OFFENSES IN MARYLAND

MARYLAND TRAFFIC LAWS PRIMER

Persons charged with Maryland traffic offenses can be in two categories. In both cases, it is best to appear with a Maryland traffic defense lawyer to work on behalf of the defendant. Because Maryland traffic offenses carry criminal sanctions such as fines, probation jail as well as administrative sanctions that could fall up under the (MVA) Maryland Motor Vehicle Administration. Sanctions are contained in Transp. II Section 27-101. The potential administrative sanctions are documented in Transp. II Section 16-205-16-405.

Minor Motor Vehicles are non-incarcerable motor vehicle dockets. Most allow for prepayment in lieu of appearance. With appropriate legal representation and fines, points and can be reduced and PBJ disposition can be achieved. Since traffic violations have a criminal and administrative component that require very specific negotiation and awareness of the interrelationship of the two, a Maryland traffic lawyer must take specific steps to ensure that any plea acceptance address the potential issues that may be raised to address the individuals driving privileges before the (MVA) Maryland Motor Vehicle Administration.

Major Motor Vehicle offenses cannot be prepaid and the defendant must appear in court and most offenses carry incarceration from 2 months to 1 year, 500-100 fine and 8-12 points. MVA maintains the records. In addition, under Maryland code criminal procedure 6-220, a judge may suspend a judgment of guilt and place an offender on probation.

Several defenses may be raised by a Maryland traffic attorney. The first step is for the Maryland traffic lawyer to review the charging document, venue and elements of the charges along with all Fourth Amendment Protections. All of these defenses must be raised by the Maryland traffic attorney at the initial stages of the trial. Remember Brady discovery is an option for non jail able offenses.

Continuances are only granted with good cause, so it is incumbent upon the Maryland traffic attorney to provide legal guidance that will ensure that a Speedy Trial is requested and address any double jeopardy issues.

Statute of Limitations applies to motor vehicles case (1-year). There are a few exceptions, which include automobile manslaughter, homicide while under the influence of alcohol and homicide while impaired by alcohol. The latter offenses carry a (3-year).

There are two types of diving suspensions. Driving while suspended or revoked-Transp II 16-303(h)-failed to pay a citation or appear in court carries a fine of 500 and or 60 days in jail and 3 point at the MVA. Hit and Run Transp., Fleeing and Eluding- Transp. II 20-904 and Driving Without Insurance-17-107. Driving while under the influence 21-902 can carry 12 points, (MVA) Maryland Motor Vehicle Administration potential revocation of license, one year in jail and $1,000 fine. Maryland law usually incorporates an immediate loss of license, which will also incorporate a graduated suspension phase. These actions will be separate from the MVA proceedings.

Aggressive Driving was created by the Maryland Legislature in great part to combat the problem of road rage. It was designed to enhance the penalties for those drivers who might be a bit short on patience.

We handle cases all throughout the State of Maryland. If you wish to consult one of our SRIS, P.C. Maryland traffic violation attorneys, please simply contact us by calling us at our toll free number, via e-mail or by filling out our on-line form. A lawyer who is highly skilled in defending clients charged with a traffic offense in Maryland will consult with you regarding your matter.

To obtain a general overview of traffic defense, please click here.

To learn more about the laws pertaining to traffic defense in Virginia or Massachusetts, please click on the state.

The following is the statute on Aggressive Driving in Maryland. Please feel free to click on the link to learn what constitutes Aggressive Driving in Maryland.

• Aggressive driving
• Driving after arrest for certain violations

MD Code, Transportation, § 21-901.2. Aggressive driving (top)

A person is guilty of aggressive driving if the person commits three or more of the following offenses at the same time or during a single and continuous period of driving in violation of:
(1) § 21-202 of this title (Traffic lights with steady indication);
(2) § 21-303 of this title (Overtaking and passing vehicles);
(3) § 21-304 of this title (Passing on right);
(4) § 21-309 of this title (Driving on laned roadways);
(5) § 21-310 of this title (Following too closely);
(6) § 21-403 of this title (Failure to yield right-of-way); or
(7) § 21-801.1 of this title (Exceeding a maximum speed limit or posted maximum speed limit).

MD Code, Transportation, § 21-902.1. Driving after arrest for certain violations (top)

(a) In this section, “arrestee” means a person who has been arrested for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3- 211 of the Criminal Law Article.
(b) An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article.

Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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VIRGINIA TRAFFIC & SPEEDING TICKET DEFENSE

DEFENSE OF VIRGINIA SPEEDING TICKETS & MOVING VIOLATIONS

A Virginia traffic lawyer can help you prevent a traffic or speeding ticket offense in Virginia from seriously impacting your insurance rates and driving privileges.  Convictions for “petty” violations such as a Virginia speeding ticket, illegal lane change, failure to yield or following too closely are moving violations. These VA traffic tickets are punishable by fine only, but can have unforeseen implications to those who are not aware of the Virginia Division of Motor Vehicle (DMV) rules. A speeding ticket for speeding in a designated Residential Zone or Construction Zone in Virginia carries an enhanced mandatory fine for even the first offense. It is more important than ever to retain the very best Virginia traffic lawyers. The  SRIS, P.C. traffic & speeding ticket defense attorneys in Virginia have offices located in Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond and Virginia Beach but our sphere of activity is statewide.

Our Virginia traffic defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu. For more information or to make an appointment with SRIS, P.C. Virginia traffic lawyer in Northern Virginia, Central Virginia, Western Virginia or Hampton Roads/Tidewater Area, please call, send an e-mail or complete the on-line form.

To obtain a general overview of traffic & speeding ticket laws, please click here

To learn more about the laws pertaining to traffic laws in Maryland or Massachusetts, please click on the state.

Our Virginia traffic lawyers can help clients avoid the following pitfalls throughout Virginia:

• Any conviction for a Virginia moving violation can raise your car insurance rates.

• Multiple convictions for Virginia traffic violations may result in a suspended driver’s license or revoked license.

• Traffic school for dismissal (a way of avoiding conviction) is not available in some counties.  This is especially true in Fairfax County and many of the other counties in Northern Virginia, the Richmond Metro area, Central Virginia & Western Virginia, and you’ll need a skilled and knowledgeable Virginia traffic lawyer to try and get the charge amended to a no point violation or traffic school for dismissal. Only the prosecutor has that authority.

• An improper defense of a Virginia moving violation for accidents can result in making you an easy target for a civil lawsuit.

• Virginia traffic tickets and other local municipal moving violations may be written based on local ordinances that can still affect your state driving privileges and insurance.

SO WHAT CAN A SRIS, P.C. VIRGINIA TRAFFIC DEFENSE LAWYER DO FOR ME?

Our Virginia traffic lawyers can analyze your case to determine if trial is appropriate and when it is not risk worthy.  The SRIS, P.C. Virginia traffic attorneys will review your case to determine if the traffic stop was legal in the first place and file the necessary motions to have the traffic charge dismissed if we determine the traffic stop was invalid.  Our traffic defense attorneys in Virginia will work hard to obtain the best possible deal to protect your driving privileges and limit your risk. The Virginia traffic defense lawyers know and understand that in many traffic ticket matters where the person charged does not have to appear in court, it is easier to pre-pay the ticket than take time off of work or school to go to court and plead not guilty. The Virginia traffic lawyers of SRIS, P.C. can arrange for you to not even have to appear. The SRIS, P.C. traffic violation attorneys routinely defend Virginia moving violations this way for their clients both in state and out of state and plea bargain Virginia traffic & speeding ticket violations to lower violations, no point violations or traffic school for dismissal. When you talk to a SRIS, P.C. Virginia traffic lawyer, he/she will advise you at that time if they can do the same for you. In most cases, for most drivers, conviction and even traffic safety school can be avoided.

Virginia traffic violations can have serious criminal consequences.

Although people don’t think of traffic violations in Virginia as crimes, charges such as reckless driving, driving on suspended license, etc. can have serious criminal consequences. These Virginia traffic offenses are crimes and are deemed to be class 1 misdemeanors, resulting in up to 12 months in jail and or up to a $2500 fine. Your license may also be suspended when you receive several minor tickets or, in some cases, one serious violation.

A conviction of a traffic violation in Virginia, such as reckless driving, speeding, or driving on a suspended license will result in fines. It could also affect your driving record as well as increase your insurance rates. The Virginia traffic defense attorneys of SRIS, P.C., have the experience you need to prevent that from happening.

The Virginia traffic lawyers of SRIS, P.C. assist its clients with a variety of traffic violations, including: driving without a license, driving with a suspended license, speeding, aggressive driving, as well as reckless and careless driving.

Our Virginia traffic attorneys have experience with difficult cases.

You should know that many rights are available to you regarding Virginia traffic law violations, including the right to question the prosecution’s witnesses in court, even if they are Virginia police officers. The Virginia traffic law lawyers at SRIS, P.C. have the experience you need when you face traffic offense charges.

The following are some of the different types of minor traffic violations that you can be charged with in Virginia:

Virginia Traffic Code § 46.2-820. Right-of-way at uncontrolled intersections, generally

Virginia Traffic Code § 46.2-821. Vehicles before entering certain highways shall stop or yield right-of-way

Virginia Traffic Code § 46.2-822. Right-of-way at traffic circles

Virginia Traffic Code § 46.2-823. Unlawful speed forfeits right-of-way

Virginia Traffic Code § 46.2-825. Left turn traffic to yield right-of-way

Virginia Traffic Code § 46.2-826. Stop before entering public highway or sidewalk from private road, etc.; yielding right-of-way

Virginia Traffic Code § 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way

Virginia Traffic Code § 46.2-870. Speeding; generally

Virginia Traffic Code § 46.2-492. Uniform Demerit Point System

A. The Commissioner shall assign point values to those convictions, or findings of not innocent in the case of a juvenile, which are required to be reported to the Department in accordance with § 46.2-383 for Virginia traffic offenses committed in violation of the laws of the Commonwealth or any county, city, or town ordinance paralleling and substantially conforming to state law, provided that no conviction, or finding of not innocent in the case of a juvenile for any offense, relating to registration, insurance, or equipment shall be included except as otherwise provided by this title.

B. The Commissioner shall assign point values to those traffic convictions received from any other state of the United States, the United States, Canada or its provinces, or any territorial subdivision of any of them, of a traffic offense therein, which if committed in Virginia, would be required to be reported to the Department by § 46.2-383.

C. No point assignment shall be made for any Virginia traffic conviction which results from a vehicle having been parked or stopped, in order for the driver to sleep or rest, on the shoulder or other portion of a highway not ordinarily used for vehicular traffic. The court shall make a separate finding on this issue and note such finding on the conviction record.

D. The Uniform Demerit Point System standard for rating convictions of traffic offenses in Virginia shall be based on the severity of the offense and the potential hazardous exposure to other users of the highways and streets. The Commissioner shall designate the point values assigned to convictions, or findings of not innocent in the case of a juvenile, on a graduated scale not to exceed six demerit points for any single conviction. The Commissioner shall develop point system assignments as follows:

1. Serious traffic offenses in Virginia such as driving while intoxicated in violation of § 18.2-266, persons under age twenty-one driving after illegally consuming alcohol in violation of § 18.2-266.1, reckless driving in violation of § 46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865, and other serious Virginia traffic offenses as the Commissioner may designate, shall be assigned six demerit points.

2. Relatively serious Virginia traffic offenses such as failure to yield the right–of– way in violation of §§ 46.2-820 through 46.2-823, speeding between ten and nineteen miles per hour above the posted speed limit, following too closely in violation of § 46.2-816, failure to stop when entering a highway in violation of § 46.2-863, aggressive driving in violation of § 46.2-868.1 and other relatively serious Virginia traffic offenses as the Commissioner may designate, shall be assigned four demerit points.

3. Virginia Traffic offenses of a less serious nature such as improper driving in violation of § 46.2-869, speeding between one and nine miles per hour above the posted speed limit, improper passing in violation of § 46.2-838, failure to obey a highway sign in violation of § 46.2-830 and other offenses of a less serious nature as the Commissioner may designate, shall be assigned three demerit points.

E. When a person is convicted of two or more traffic offenses committed on a single occasion, he shall be assessed points for one offense only and if the offenses involved have different point values, he shall be assessed points for the offense having the greater point value.

The Virginia traffic attorneys and Law Offices of SRIS, P.C., are located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach but we represent clients charged with moving violations throughout the state of Virginia.

For more information or to make an appointment with a SRIS, P.C. traffic defense lawyer, please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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DUI, DWI & OUI VIRGINIA, MARYLAND & MASSACHUSETTS LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving.

Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI or OUI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI. 

Another type of offense is a DUID.  DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OUI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts.

If you are convicted of drunk driving, the penalties you receive from the court is only the beginning.  You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted.

The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

If you wish to consult with one of our DUI/DWI/OUI/DUID attorneys, please free to call us or contact us via our on line form.

The drunk driving statutes in Virginia, Maryland & Massachusetts today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI had a blood alcohol content over the legal limit.

The three main factors the courts uses to determine whether a person is guilty of a DUI is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. 

The current model is the Intoxilyzer 5000. The Intoxilyzer is used to determine a person blood alcohol content (BAC).  Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving is illegal is most states. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive, even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Get the best legal advice you can.

If you wish to learn more about DUI in Virginia, Maryland or Massachusetts, please feel free to read our newsletter about DUI or our primer on drunk driving.

The Massachusetts, Maryland & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense.

The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, DC & Massachusetts, however our lawyers DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time

Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.

FAQ’s on DUI/DWI/OUI/DUID laws and defense.

• Is DUI / DWI Really Such A Big Problem?
• Is All Liquor The Same, Or Are Some “Safer” To Drink Than Others?
• What Exactly Is “Blood Alcohol Content?”
• What Is A “Breath Analyzer Test?”
• If Stopped By Police, Do I Have To Take A Breath Analyzer Test?
• Can I Be Charged With DUI / DWI For Driving After Taking Drugs?
• I Have More Than One DUI / DWI Conviction – What Will Happen?
• Are There “Alternative” Penalties Given For DUI / DWI?
• Should I get an attorney if I’ve been charged with DUI / DWI?
• Possible penalties of a DUI.

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DUI IN VIRGINIA, DUI IN MARYLAND, DWI IN MARYLAND & DUI IN MASSACHUSETTS & OUI IN MASSACHUSETTS LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. OWI is operating while intoxicated. Depending on whether you were charged in Virginia, Maryland or Massachusetts, the charging document may refer to the charge as a DUI, DWI or OUI.  Another type of offense is a DUID.  DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts. The penalties you receive from the Virginia courts, Maryland courts & Massachusetts courts is only the beginning. You stand to loose your job, pay an exorbitant rate for car insurance, loose your ability to drive either completely or have your driving privileges extremely restricted. The Virginia courts, Maryland courts & Massachusetts courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws in Virginia, Maryland & Massachusetts apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

• Our offices in Virginia are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are located in Rockville & Baltimore.
• Our office in Massachusetts is in Boston.

If you wish to consult with one of our Virginia DUI/DWI/DUID, Maryland DUI/DWI/DUID or Massacusetts DUI/DWI/OUI/DUID attorneys, please free to call us, email or contact us via our on line form.

Please click on the state if you wish to see some of the drunk driving laws in:

• Virginia DUI Laws
• Maryland DUI & Maryland DWI Laws
• Massachusetts DUI, Massachusetts DWI & Massachusetts OUI Laws

Driving while under the influence of alcohol goes under many names, including:

Driving under the influence (DUI)
Driving while intoxicated (DWI)
Operating under the influence (OUI)
Driving while impaired (DWI)
Drunk driving
Drunken driving
Driving under the influence of Drugs (DUID)

But no matter how you look at it, operating a car or motor vehicle in Virginia, Maryland or Massachusetts while intoxicated is a very serious matter. Driving a car after drinking or taking drugs is one action you should NEVER attempt. Because once you get caught, you’re in for a world of trouble.

Just as there are different names for driving while intoxicated, the laws in Virginia, Maryland & Massachusetts concerning DUI/DWI vary as well. However, there is one constant: It’s not only illegal, but driving while alcohol impaired can cause serious injuries or death – and many times to innocent victims.

How Big A Problem Is DUI or DWI in Virginia, Maryland or Massachusetts?

Even with all the current publicity and outcry, drunk driving is still a very serious and large problem throughout the United States. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated driver, a significant and unfortunate number involve the death of people who were in the wrong place at the wrong time. Men, women and children are injured or killed every day by the reckless actions of drunk drivers.

DUI’s don’t just cause physical injuries. Serious emotional and mental scars are all too often part and parcel of an alcohol or drug related driving accident. The number of people, both innocent victims and DWI offenders alike, bearing severe psychological scars and mental problems is staggering. Many people simply can’t cope with everyday life after a severe drunk driving accident. Some even turn to suicide as a way out.

How Much Liquor Is Too Much in Virginia, Maryland or Massachusetts?

It doesn’t matter if it’s beer, wine or hard spirits, alcohol is dangerous when consumed in excess. While beer and wine almost always list their alcoholic content in percentages, hard liquor is usually listed in “proof.” The proof rating is two times the alcohol concentration – no matter what type of liquor you’re talking about. So that 86 proof whiskey is 43 percent pure alcohol.

Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning it usually takes fewer drinks containing hard liquor or fewer glasses of wine than beer to become intoxicated.

However, the alcohol concentration isn’t everything. A number of factors come into play in determining how fast a person will “feel the effects.”

Drinking on an empty stomach allows the alcohol to more quickly pass right into the bloodstream. Carbonated drinks also speed up the absorption rate. Your body size and weight, gender and even ethnicity all play a factor. Even the time of day effects how much of a wallop that drink will pack. (It’s an interesting fact that some Asian cultures lack an essential enzyme to break down alcohol. Even one drink may cause them intoxication. Plus, there is even a particular kind of mushroom that prevents the liver from detoxifying alcohol. If a person eats the mushroom, then even one piece of cherry liquor candy can cause acute intoxication!)

You also have to consider the size of the drink being consumed as well. A shot glass of hard liquor, or about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Even if you don’t drink and drive, alcohol can still cause you problems. Excessive alcohol consumption over a long period of time causes damage to the kidneys, liver, heart, and brain. Too much liquor consumed all at once can lead to immediate death. Plus, we’ve all seen people who never seem to be able to “hold their liquor.” Alcohol only fuels their emotional problems, turning introverted individuals into loud mouthed bores, and others into seeking fights for no good reason.

If You’re Stopped for a DUI or DWI in Virginia, Maryland or Massachusetts…

If you’re stopped by the police for suspicion of driving under the influence (DUI) or riving while drunk (DWI) you’ll more than probably be asked to submit to a “breathalyzer” test.

The breathalyzer measures your Blood Alcohol Content (BAC) or Blood Alcohol Level (BAL). This is the amount of ethanol (alcohol) is in your system. BAC and BAL are scientifically measured, calculating the ratio of ethanol to blood within your system.

The amount of ethanol in your system is the same as the amount of ethanol that is “on your breath” when you exhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. The analyzer itself is a precision scientific instrument that accurately and quickly determines the amount of alcohol in your system.

For example, if your BAC level is 0.15, you have 0.15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above 0.10, operating a car or other vehicle (including some machinery) is illegal.
However, please note: You may still be charged with DUI/DWI even if your BAC or BAL is under 0.08
Taking The Breathalyzer Test For Suspicion of DWI / DUI

We mentioned an officer may “ask” you to take the breathalyzer test if he suspects you’ve been drinking and driving. However, it’s usually not a matter of negotiation. Whether you are required to take the test depends upon particular state law, but in almost every state taking the test after being asked to do so by the police to see if you’re over the DUI or DWI limit is mandatory.

In many states, refusing to submit to a breath analyzer or similar test (such as a blood test) will result in an automatic suspension of your license. Even if you are later found not to have been intoxicated or impaired, your license may still be suspended as a result of your failure to cooperate.

Remember: Under the law, driving is not a right – but a privilege. And being classified as a privilege means the state can effectively strip you of your driving license for any legal reason it chooses.

If you operate a car or motor vehicle under the influence of illegal substances such as heroin, cocaine, or marijuana, you can be also be charged with a DWI. Not only that, but you’ll probably be charged with a several other misdemeanors or felonies as well.

But please take heed – it’s not only alcohol or illegal drugs that can get you charged with a drunk driving offense in Virginia, Maryland or Massachusetts. (top)

Many prescription medicines and some over-the-counter medications carry with them specific warnings indicating they shouldn’t be used while operating any motor vehicles. Check the labels on all medications carefully. Don’t get behind the wheel if you are taking anything that may interfere with safe driving. Many states now include over the counter medicines and prescription drugs as substances triggering a DWI or DUI offense.

If you’re convicted of a DWI or DUI offense, the consequences aren’t pretty. In Virginia, Maryland & Massachusetts, there is a “step-up” method for determining what penalties will apply.

For a first time conviction, you’ll be required to pay a hefty fine in many states and attendance of an alcohol safety action program (ASAP). Some even impose a minimum term of imprisonment. This is in addition to having your license suspended. For your second offense, many states increase the fines, length of imprisonment and/or term of license suspension.

If you’ve been convicted of Multiple DUI/DWI offenses, this may result in the total revocation or loss of your driver’s license (even for life), long term incarceration, and some very serious fines. Additionally, a judge may order you to enter an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating a vehicle under the influence, you may face additional serious criminal charges (such as vehicular manslaughter) and civil lawsuits.

Not only will you lose your freedom if you have multiple drunk driving offenses resulting in injury or death, but you stand a good chance of losing your assets as well.

Leniency for First Time DUI / DWI Offenses in Virginia, Maryland & Massachusetts

In many cases “alternative” penalties are allowed in some DUI/DWI cases – particularly those involving first time offenders. A judge hearing your case may have some discretion in deciding your punishment. However, in situations where someone has been seriously injured or killed because of your actions, there may be mandatory minimum sentences a judge must follow.

But in non-injury first time offenses, or in less serious matters, a judge may be able to show some “leniency” in drunk driving cases. In lieu of jail time, you may be required to perform community service, (such as giving talks about the dangers of drunk driving) or some alternate type of community service (road clean-up or other menial community tasks).

In other situations, a judge may impose “the so-called scarlet letter” – requiring you to place a special license plate on your vehicle or have a mark on your driver’s license, both indicating you’ve been convicted of DUI/DWI.

If you’ve been charged with a DUI or DWI in Virginia, Maryland or Massachusetts, it’s both HIGHLY AND STRONGLY recommended you consult with an attorney! Even though it’s not mandatory, the value of an experienced defense attorney for drunk driving or DWI offenses cannot be over estimated.

DWI/DUI laws in Virginia, Maryland & Massachusetts are strictly enforced and an experienced Virginia DUI/DWI attorney, Maryland DUI/DWI attorney or Massachusetts DUI/DWI/OUI attorney can help protect your rights. In fact, some states require the police provide you with a list of local DUI/DWI defense lawyers.

Your chances of successfully making defense arguments or finding mistakes that may have been made in your arrest are much greater if you have an attorney assisting you. If you are faced with a DUI/DWI charge in Virginia, Maryland or Massachusetts, a Virginia DUI lawyer, Maryland DUI lawyer or Massachusetts OUI/DUI lawyer is your best bet for avoiding or reducing the penalties or imprisonment you face.

At SRIS, P.C., we have some of the most qualified and talented DUI attorneys in Virginia, Maryland & Massachusetts. Our job is to protect your rights.  If you’ve been arrested for driving under the influence of alcohol or drugs in Virginia, Maryland or Massachusetts, please make an appointment with one of our Virginia DUI defense attorneys, Maryland DUI/DWI attorneys or Massachusetts OUI/DWI attorneys to discuss your DUI/DWI/OUI case. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with.

If you wish to learn more about DUI in Virginia, Maryland or Massachusetts, please feel free to read our newsletter about about DUI or our primer on drunk driving .

The Massachusetts OUI lawyers, Maryland DWI lawyers & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense. Please feel free to call us, email or contact us via our on line form.

The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our Virginia DUI lawyers, Maryland DUI lawyers & Massachusetts OUI lawyers handle DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time

Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.

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VIRGINIA DUI DEFENSE, MARYLAND DUI & MARYLAND DWI DEFENSE, MASSACHUSETTS OUI & MASSACHUSETTS DUI DEFENSE LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. OWI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI.  Another type of offense is a DUID.  DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts. The penalties you receive from the court is only the beginning. You stand to loose your job, pay an exorbitant rate for car insurance, loose your ability to drive either completely or have your driving privileges extremely restricted. The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

• Our offices in Virginia are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are located in Rockville & Baltimore.
• Our office in Massachusetts is in Boston.

If you wish to consult with one of our DUI/DWI/OUI/DUID attorneys in Virginia, Maryland or Massachusetts, please free to call us, email or contact us via our on line form.

Please click on the state if you wish to see some of the drunk driving laws in:

• Virginia DUI Laws
• Maryland DWI Laws
• Massachusetts DUI Laws & Massachusetts OUI Laws

The attorneys of SRIS, P.C. have pooled their combined knowledge answer some frequently asked questions about DUI/DWI/OUI & DWID.

When the laws against drunk driving were originally passed in Virginia, Maryland & Massachusetts, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia, Maryland & Massachusetts. The drunk driving statutes in Virginia, Maryland & Massachusetts today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI had a blood alcohol content over the legal limit. The three main factors the Virginia courts, Maryland courts & Massachusetts courts use to determine whether a person is guilty of a DUI is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intoxilyzer 5000. The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving is illegal in Virginia, Maryland & Massachusetts. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.
If you are under the age of 21 and you drink and drive, even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

FAQ’s on DUI/DWI/OUI/DUID laws and defense.

• Is DUI / DWI Really Such A Big Problem?
• Is All Liquor The Same, Or Are Some “Safer” To Drink Than Others?
• What Exactly Is “Blood Alcohol Content?”
• What Is A “Breath Analyzer Test?”
• If Stopped By Police, Do I Have To Take A Breath Analyzer Test?
• Can I Be Charged With DUI / DWI For Driving After Taking Drugs?
• I Have More Than One DUI / DWI Conviction – What Will Happen?
• Are There “Alternative” Penalties Given For DUI / DWI?
• Should I get an attorney if I’ve been charged with DUI / DWI?
• Possible penalties of a DUI.

At SRIS, P.C., we have some of the most qualified and talented DUI attorneys in Virginia, Maryland & Massachusetts. Our job is to protect your rights. Also, any and all conversations you have with our legal staff are always held in the strictest of confidence. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our DUI defense attorneys in Virginia, Maryland or Massachusetts. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Get the best legal advice you can.

If you wish to learn more about DUI laws in Virginia, DUI laws in Maryland or DUI laws Massachusetts, please feel free to read our newsletter about about DUI or our primer on drunk driving .

The Massachusetts, Maryland & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense. Please feel free to call us, email or contact us via our on line form.

The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our lawyers DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time

Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.

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Virginia Traffic Attorneys defending Aggressive & Improper Driving Violations

Juvenile & Domestic Relations District & General District & Circuit Court of Virginia

Offices in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach

In Virginia, if you are charged with Aggressive Driving, Improper Driving, Careless Driving or Speeding, you will get points on your DMV records. This may cause your insurance rates to go up. You may even face jail time or loss of your license, thereby preventing you to drive in Commonwealth of Virginia. If you are out of state, the Commonwealth of Virginia may communicate the loss of your driving privilege in Virginia to the state you are licensed to drive in. This may cause your state to take away your driving privileges.

If you wish to consult a SRIS, P.C. Aggressive Driving lawyer, Improper Driving attorney or Careless Driving lawyer, please simply contact us via e-mail or phone. The following are the different offices we have in Virginia to better serve you.

A Virginia traffic attorney will defend you against charges of Aggressive Driving, Improper Driving or Careless Driving.  Our Virginia traffic attorneys are licensed to handle cases throughout Virginia.  A Virginia traffic lawyer from the law offices of SRIS, P.C. will gladly consult with you regarding your matter.

The following are the attorneys who handle licensed in Virginia to assist you with representation if you are charged with Aggressive Driving, Improper Driving or Careless Driving:

To obtain a general overview of Aggressive Driving, Improper Driving, Careless Driving or Speeding, please click here.

To learn more about the laws pertaining to Aggressive Driving, Improper Driving, Careless Driving or Speeding in Maryland or Massachusetts, please click on the state.Below are two statutes that pertain to Aggressive Driving and Improper Driving in Virginia. They not only provide the law but also provide the penalties associated with each charge. Please note that an aggressive driving charge in Virginia can be either a class 1 misdemeanor or a class 2 misdemeanor. Both of these misdemeanors carry the potential for jail time.

VA Code § 46.2-868.1. Aggressive driving; penalties

A. A person is guilty of aggressive driving in Virginia if (i) the person violates one or more of the following:§ 46.2-802 (Drive on right side of highways),§ 46.2-804 (Failure to observe lanes marked for traffic),§ 46.2-816 (Following too closely),§ 46.2-821 (Vehicles before entering certain highways shall stop or yield right–of–way),§ 46.2-833.1 (Evasion of traffic control devices),§ 46.2-838 (Passing when overtaking a vehicle),§ 46.2-841 (When overtaking vehicle may pass on right),§ 46.2-842 (Driver to give way to overtaking vehicle),§ 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway),§ 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or§ 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

VA Code § 46.2-869. Improper driving; penalty

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

Our Virginia Aggressive Driving, Improper Driving, Careless Driving offense lawyers provide legal representation to clients all throughout Virginia.

Our Virginia Aggressive Driving, Improper Driving, Careless Driving, Speeding & Traffic offenses attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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VIRGINIA RECKLESS DRIVING EXPLAINED BY FORMER VIRGINIA PROSECUTOR

Virginia reckless driving tickets can be issued for fourteen (14) different types of driving behavior in Virginia. Our Virginia reckless driving attorneys will explain the different Virginia reckless driving violations and the penalties that each of the different Virginia reckless driving charges carry. A Virginia reckless driving conviction can result in either a misdemeanor or felony conviction. Most people who are charged with reckless driving in Virginia do not realize that reckless driving is a criminal act and therefore can result in an actual jail term in addition to a loss of driving privileges and high fines. If a death were to occur as a result of reckless driving violation in Virginia, then a person may be convicted of a felony and thereafter be classified as a convicted felon. If a felony conviction were to occur, then in addition to any actual prison confinement, the person will also lose a significant number of their constitutional rights. Since a Virginia reckless driving conviction is a criminal act, a person may become ineligible for certain professions such as a police officer, airline pilot, etc. Even, security clearances may be jeopardized as a result of a conviction.

Clients are always counseled to take a Virginia reckless driving uniform summons seriously. A lot of drivers do not realize that a Virginia reckless driving summons carries with it a promise to appear in court. The first time most people realize that a reckless driving charge in Virginia has a mandatory appearance component is when the Virginia police officer or Virginia state trooper advises them that by virtue of the fact that they are signing the Virginia reckless driving summons, they are promising to appear on the court date stated on the uniform summons. For most out of state drivers, this is yet another onerous factor of being charged with a Virginia reckless driving violation.

If convicted of a reckless driving charge in Virginia, it is at a minimum a class one (1) misdemeanor pursuant to section 18.2-11 of the Virginia Code and at the maximum in reckless driving violations resulting in death, a class six (6) felony pursuant to section 18.2-10 of the Code of Virginia. For most people, it is hard to comprehend that what is normally considered a serious traffic offense at worst in most states is a criminal act in Virginia. Frequently, drivers who possess a CDL or juveniles who are charged with a Virginia reckless driving violation are incredulous that they are facing such severe consequences for a first time offense of reckless driving in Virginia.

Another fact that most people do not realize about a charge of reckless driving in Virginia is the disparity in the way different counties in Virginia dispose of reckless driving offenses. Some Virginia counties may be so lenient as to allow a person who is charged with this offense to attend driving/traffic school for dismissal whereas another Virginia county will not even consider the option of traffic school. However, a number of jurisdictions are starting to take a standard position as to the disposition of Virginia reckless driving offenses and it is unfortunately not the lenient approach.

The following are some of the different Virginia reckless driving offenses as explained by a former prosecutor. Every single one of these offenses will result in six DMV demerit points on the operator’s driving record and may remain on the person’s driving record for as long as 11 years.

Virginia reckless driving code section 46.2-862 is the statute that addresses driving in excess of the speed limit. This statute has two different ways it can violated:

• Driving a motor vehicle on the highways of the Commonwealth at a speed of twenty miles per hour or
• Driving in excess of eighty miles per hour regardless of the applicable maximum speed limit.

Virginia reckless driving code section 46.2-852 codifies the essence of reckless driving and is the catch-all general rule. This statute does not take into account the speed the vehicle is traveling. A number of Virginia Courts have held that “the essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.” Any driving behavior on a highway that endangers the life, limb or property of any person shall be reckless driving.

Simply driving a vehicle that is not under proper control due to faulty brakes can result in a person being charged with a violation of Virginia reckless driving code section 46.2-853.

Driving with too many passengers in car may cause an officer to charge the driver with a violation of Virginia reckless driving code section 46.2-855 if the officer believes that number of passengers in the car is causing the driver’s view to be obstructed or interferes with the driver’s control of the vehicle.

If two motor vehicles travel abreast of each other in a single lane, this is a violation of Virginia reckless driving code section 46.2-857.

One of the most commonly charged offenses during rush hour traffic in the morning is the passing of a stopped school bus that is loading or unloading children. Passing a stopped school bus in violation of Virginia reckless driving code section 46.2-859 is viewed very dimly by judges due to the danger it poses to the children.

Something as minor as failing to give adequate and timely signals can result in being charged with Virginia reckless driving code section 46.2-860 . It is very important to give proper signals when making a turn, slowing down or stopping when traveling on the highway.

Always keep in mind that even if the speed limit is 55 mph or 60 mph on most of the highways in the Commonwealth, it is still important to take into account the traffic and weather conditions of any road that you are traveling on. Even if you are not exceeding the speed limit, but the trooper believes you are traveling in a manner such that it exceed a reasonable speed based on the circumstances and traffic conditions at the time, you can be charged with Virginia reckless driving code section 46.2-861.

Any driving behavior that endangers life, limb or property of any person on a driveway of a church, school, recreational facility or business property that is open to the public or industrial establishment is violation of Virginia reckless driving code section 46.2-864.

One of the most severely prosecuted offenses is racing. Police target minors aggressively and the courts are very handed when sentencing individuals who are convicted of racing in violation of Virginia reckless driving code section 46.2-865 . The law provides that in addition to any other penalties provided by law, the driver’s license of the person convicted of racing shall (meaning mandatory) be suspended by the court for not less than six months and may be suspended for up to two years. Additionally, if the prosecutor can prove to the court that the driver broke the law by engaging in a race in violation of Virginia Code Section 46.2-865 and did so in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes seriously bodily injury to another person, the driver can be convicted of a class 6 felony pursuant to Virginia reckless driving code section 46.2-865.1. The statute requires the person to have their license suspended for no less than one year and no more than three years. Even a person who aids or abets any such race may be convicted of a class one misdemeanor pursuant to Virginia reckless driving code section 46.2-866. Violation of Virginia Code Section 46.2-865 can also result in having that person’s vehicle seized and disposed of pursuant to VA reckless driving code section 46.2-867.

VA reckless driving code section 46.2-868 is the statute that codifies the additional penalties of a conviction of the Virginia reckless driving offenses.

If you have been charged with a Virginia reckless driving violation in the Virginia general district court or Virginia juvenile district court, please do not wait to find out what penalties the Virginia court may impose on you. Secure the services of an extremely experienced Virginia reckless driving lawyer who is experienced at defending clients charged with this type of a driving offense. If you wish to retain the services of Mr. Sris, who is a former prosecutor or any of the other highly skilled attorneys of SRIS, P.C. contact the Law Offices of SRIS, P.C today by phone, email or on line form . You can be assured that you will benefit from having a Virginia reckless driving lawyer who really understands the law, the court system and is in court almost everyday defending clients charged with similar charges. Don’t let a Virginia reckless driving ticket cause you to lose your job or liberty. SRIS, P.C. has six offices in Virginia. They are located in Fairfax, Fredericksburg, Lynchburg, Prince William, Richmond & Virginia Beach.

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DUI, DWI & OUI VIRGINIA, MARYLAND & MASSACHUSETTS LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a Virginia DUI DWI Lawyers Maryland Drunk Driving Massachusetts OUI Attorneys Defense VA MD MA” href=”http://srislawyer.com/attorneys/virginia-dui-dwi-lawyers-maryland-drunk-driving-massachusetts-oui-attorneys-defense-va-md-ma/” target=”_self”>DUI or DWI. OWI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI.  Another type of offense is a DUID.  DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts. If you are convicted of drunk drivingThe penalties you receive from the court is only the beginning. You stand to loose your job, pay an exorbitant rate for car insurance, loose your ability to drive either completely or have your driving privileges extremely restricted. The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

If you wish to consult with one of our DUI/DWI/OUI/DUID attorneys, please free to call us or contact us via our on line form.

The drunk driving statutes in Virginia, Maryland & Massachusetts today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI had a blood alcohol content over the legal limit. The three main factors the courts uses to determine whether a person is guilty of a DUI is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intoxilyzer 5000. The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving is illegal is most states. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive, even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Get the best legal advice you can.

If you wish to learn more about DUI in Virginia, Maryland or Massachusetts, please feel free to read our Virginia DUI DWI Defense Lawyer Maryland Traffic Law Attorney Offense Avoid DUI Conviction VA MD MA Massachusetts” href=”../attorneys/virginia-dui-dwi-defense-lawyer-maryland-traffic-law-attorney-offense-avoid-dui-conviction-va-md-ma-massachusetts/” target=”_self”>newsletter about about DUI or our Virginia DUI Lawyer Maryland DWI Massachusetts OUI Attorney Law VA Criminal FAQ Defense Fairfax Loudoun Richmond Beach” href=”../attorneys/virginia-dui-lawyer-maryland-dwi-massachusetts-oui-attorney-law-va-criminal-faq-defense-fairfax-loudoun-richmond-beach/” target=”_self”>primer on drunk driving.

The Massachusetts, Maryland & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense.

The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, DC & Massachusetts, however our lawyers DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time

Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.

FAQ’s on DUI/DWI/OUI/DUID laws and defense.

• Is DUI / DWI Really Such A Big Problem?
• Is All Liquor The Same, Or Are Some “Safer” To Drink Than Others?
• What Exactly Is “Blood Alcohol Content?”
• What Is A “Breath Analyzer Test?”
• If Stopped By Police, Do I Have To Take A Breath Analyzer Test?
• Can I Be Charged With DUI / DWI For Driving After Taking Drugs?
• I Have More Than One DUI / DWI Conviction – What Will Happen?
• Are There “Alternative” Penalties Given For DUI / DWI?
• Should I get an attorney if I’ve been charged with DUI / DWI?
• Possible penalties of a DUI.

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