Posts Tagged ‘Traffic Matters’

VIRGINIA DUI LAWYERS & VIRGINIA DWI DEFENSE ATTORNEYS

DEFENDING CLIENTS IN STATE AND FEDERAL COURTS

Virginia DUI laws

The Virginia DUI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond, Virginia Beach.

Our Virginia DUI attorneys of SRIS, P.C. have taught police officers and prosecutors DUI laws.

If you wish to consult a SRIS, P.C. DUI attorney or DWI lawyer, please contact us via phone, or by filling out our on-line form.

A Virginia DUI lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

Special Note: If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court. The attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and familiar with the federal system.

The following are some of the State of Virginia Driving Under the Influence and Driving While Intoxicated Laws to learn more about them:

DUI LAWS

VA Code §18.2-266 – DUI of Alcohol and Drugs

When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.

VA Code § 18.2-270 – DUI Penalties

A first DUI offense in Virginia carries a mandatory jail sentence of at least five days and up to 10 days. A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least twenty days and up to one year. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.

VA Code § 18.2-270 – Transporting Children While Driving Under the Influence

You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and mandatory minimum confinement of five days.

VA Code § 46.2-301.1 – Vehicle Impoundment

The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.

VA Code §46.2-391.2- Administrative License Revocation

Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.

VA Code §18.2-323.1 – Open Container

You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.

Virginia Code §18.2-270.01 – Ignition Interlock System

If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own.

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VIRGINIA DWI ON FEDERAL PROPERTY

VIRGINIA DUI ON MILITARY BASES

If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, Blueridge Parkway or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court.

The Virginia DUI attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and also must be familiar with the federal  courts such as Alexandria Federal Court, Roanoke Federal Court, Abingdon Federal Court, Norfolk Federal Court & Richmond Federal Court.

 The Virginia DUI & DWI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Manassas, Richmond, Fredericksburg, Virginia Beach.

Our Virginia DUI & DWI attorneys of SRIS, P.C. concentrate on DUI & DWI defense.

If you wish to consult a SRIS, P.C. Virginia DUI attorney or DWI lawyer, please simply contact us via phone or by filling out our on-line form.

A Virginia DUI lawyer or DWI attorney of SRIS, P.C. will gladly consult with you regarding your matter.

You can meet us at one of our offices in Virginia.

• FREDERICKSBURG
• FAIRFAX
• RICHMOND
• MANASSAS
• VIRGINIA BEACH
• LYNCHBURG

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Virginia DUI Laws

VIRGINIA DUI LAWYER & DWI DEFENSE ATTORNEYS

WE REPRESENT CLIENTS IN STATE AND FEDERAL COURTS

Virginia DUI & DWI laws Information Page

Welcome to the Virginia DUI & DWI laws Information Center, sponsored by SRIS, P.C. The Virginia DUI & DWI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Manassas, Richmond, Virginia Beach. Our Virginia DUI & DWI attorneys of SRIS, P.C. concentrate on DUI & DWI defense.

If you wish to consult a SRIS, P.C. DUI attorney or DWI lawyer, please simply contact us via e-mail, phone, or by filling out our on-line form. A DUI lawyer or DWI attorney of SRIS, P.C. will gladly consult with you regarding your matter.

FAIRFAX OFFICE:
4008 Williamsburg Court
Fairfax, Virginia 22032
Phone: (703) 278-0405

RICHMOND OFFICE:
7400 Beaufont Springs Drive, Suite 300
Richmond, Virginia 23225
Phone: (804) 201-9009

MANASSAS OFFICE:
8551 Sudley Road
Manassas, Virginia 20110
Phone: (703) 278-0405

VIRGINIA BEACH OFFICE:
900 Commonwealth Pl, Suite 200
Virginia Beach, Virginia 23464
Phone: (757) 512-5002

LYNCHBURG OFFICE:
102 Oakley Ave.
Lynchburg, Virginia 24501
Phone: (434) 509-4004

To obtain a general overview of DUI, and DWI defense, please click here

To learn more about the laws pertaining to DUI, OUI, and DWI defense in Maryland or Massachusetts, please click on the state.

Special Note: If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court. The attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and familiar with the federal system.

Please click on any of the State of Virginia Driving Under the Influence and Driving While Intoxicated Laws to learn more about them:

DUI LAWS: Adults

DUI Laws: Underage Possession & Penalties

Laws of Virginia driving under the influence of alcohol

DUI laws: Adult (top)

Driving Under the Influence of Alcohol and Drugs (DUI)

Penalties

Transporting Children While Driving Under the Influence (DUI)

Vehicle Impoundment

Administrative License Revocation

Open Container

VA Code §18.2-266 – DUI of Alcohol and Drugs. (top)

When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.

VA Code § 18.2-270 – DUI Penalties (top)

A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.

VA Code § 18.2-270 – Transporting Children While Driving Under the Influence. (top)

You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and up to 80 hours of community service for second conviction.

VA Code § 46.2-301.1 – Vehicle Impoundment (top)

The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.

VA Code §46.2-391.2- Administrative License Revocation (top)

Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.

VA Code §18.2-323.1 – Open Container (top)

You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.

DUI Laws: Underage Possession & Penalties (top)

Equal Penalties

Zero Tolerance for Under 21

Ignition Interlock System

Persons to Whom Alcoholic Beverage May Not Be Sold

Underage Possession of Alcohol

Purchase Alcohol for Underage Persons

Drinking/Possessing Alcohol on School Grounds

Misrepresentation of Age

VIRGINIA IS TOUGH – on underage drinkers driving under the influence of alcohol or drugs.

Now more than ever, Virginia school officials and college campus police are enforcing the law on underage possession of alcohol. A conviction for underage possession in Virginia can result in any or all of the following possible consequences. Suspension from the academic institution, expulsion or disciplinary actions, etc. Also, a conviction for underage possession in Virginia can result in car insurance rates being raised for the convicted individual. Some car insurance companies are raising the rates of car insurance as high as $5000 per year for those who are convicted of underage possession. Please contact a Virginia lawyer of the Law Offices of SRIS, P.C. to determine what options you have if you are charged with underage possession in Virginia.

Virginia Code §18.2-266.1 – Equal Penalties (top)

Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older.

Virginia Code §18.2-266.1 – Zero Tolerance for Under 21 (top)

If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver’s license suspension.

Virginia Code §18.2-270.1 – Ignition Interlock System (top)

If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years, applies to both adult and under 21)

Virginia Code §4.1-304 – Persons to Whom Alcoholic Beverage May Not Be Sold (top)

If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail.

Virginia Code §4.1-305 – Underage Possession of Alcohol (top)

If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-306 – Purchase Alcohol for Underage Persons (top)

If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-309 – Drinking/Possessing Alcohol on School Grounds (top)

Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail.

Virginia Code §4.1-305B – Misrepresentation of Age (top)

If you are under age 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:

be fined at least $500 but not over $2,500

be required to perform at least 50 hours of community service

face up to 12 months in jail, and

be subject to suspension of your driver’s license for up to 12 months

Query: Laws of Virginia driving under the influence of alcohol (top)

Penalty for driving while intoxicated; subsequent offense; prior conviction

Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction

Court or jury may consider defendant’s prior traffic record before sentencing

Refusal of tests; penalties; procedures

Implied consent to post-arrest testing to determine drug or alcohol content of blood

Presumptions from alcohol or drug content of blood

Transmission of blood test samples; use as evidence

Forfeiture of driver’s license for driving while intoxicated

Administrative suspension of license or privilege to operate a motor vehicle

Refusal of tests; issuance of out-of-service orders; disqualification

A person who has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath in Virginia as indicated by a chemical test administered is under the influence of alcohol,

VA Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (top)

Offense

Sentence of confinement

Mandatory minimum confinement

Mandatory minimum fine

1st DUI in Virginia

Class 1 misdemeanor

BAC 0.15 – 0.20

Five days

$250

BAC More than 0.20

10 days

2nd DUI

within less

than 5 years

Not less than 1 month nor more than 1 year

Twenty days

BAC 0.15 – 0.20 additional period of 10 days

$500

BAC More than 0.20

Additional period of 20 days

2nd DUI in Virginia

within 5- 10

For not less than one month

Ten days

BAC 0.15 – 0.20 additional period of 10 days

$500,

BAC More than 0.20

Additional period of 20 days

Class 6 felony

3rd DUI in Virginia

committed

within 10 years

90 days

3rd DUI in Virginia

Committed

within 5-years

6 months

$1,000

4th or

subsequent DUI in Virginia offense within 10-

years

otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed 3 years.

one year

$1,000

VA Code § 18.2-270. Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction (top)

Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.
B. 1. Any person convicted of a second offense committed within less than five years after a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.
2. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500, and by confinement in jail for not less than one month . Ten days of such confinement shall be a mandatory minimum sentence.
3. Upon conviction of a second offense within 10 years of a first offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.
C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.
2. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.
3. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under § 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of § 8.01- 296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with § 19.2-386.2.
D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of§ 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.
E. For the purpose of this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.

VA Code § 46.2-943. Court or jury may consider defendant’s prior traffic record before sentencing (top)

The term “traffic offense” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions 1 and 2 of § 46.2- 382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.
The term “prior traffic record” when used in this section shall mean the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.
When any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.

VA Code § 18.2-268.3. Refusal of tests; penalties; procedures (top)

A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.
B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal.
C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2- 270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.
D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

VA Code § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood (top)

A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2- 266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

VA Code § 18.2-269. Presumptions from alcohol or drug content of blood (top)

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii) or (iv) of § 18.2-266, or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:
(1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused’s blood or 0.05 grams or less per 210 liters of the accused’s breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;
(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused’s breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;
(3) If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or
(4) If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4- methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.
B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.

VA Code§ 18.2-268.7. Transmission of blood test samples; use as evidence (top)

A. Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the accused; the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample’s alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial, attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached. The certificate of analysis with the withdrawal certificate shall be returned to the clerk of the court in which the charge will be heard. After completion of the analysis, the Department shall preserve the remainder of the blood until 90 days have lapsed from the date the blood was drawn. During this 90-day period, the accused may, by motion filed before the court in which the charge will be heard, with notice to the Department, request an order directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. The Department shall destroy the remainder of the blood sample if no notice of a motion to transmit the remaining blood sample is received during the 90-day period.
B. When a blood sample taken in accordance with the provisions of §§ 18.2- 268.2 through 18.2-268.6 is forwarded for analysis to the Department, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court, in any criminal or civil proceeding, as evidence of the facts therein stated and of the results of such analysis. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence provided the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol/drug testing by one or more of the following bodies: American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB); College of American Pathologists (CAP); United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); or American Board of Forensic Toxicology (ABFT).
Upon request of the person whose blood was analyzed, the test results shall be made available to him.
The Director may delegate or assign these duties to an employee of the Department.

VA Code § 18.2-271. Forfeiture of driver’s license for driving while intoxicated (top)

A. Except as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.
B. If a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under § 46.2- 391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2- 341.26:11.
C. If a person (i) is tried on a process alleging a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391.
D. Not withstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.
E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1 et seq.).

VA Code § 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle (top)

A. If a breath test is taken pursuant to § 18.2-268.2 or any similar ordinance and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath test in violation of § 18.2-268.3 or any similar ordinance, and upon issuance of a petition or summons, or upon issuance of a warrant by the magistrate, for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or upon the issuance of a warrant or summons by the magistrate or by the arresting officer at a medical facility for a violation of § 18.2-268.3, or any similar ordinance, the person’s license shall be suspended immediately or in the case of (i) an unlicensed person, (ii) a person whose license is otherwise suspended or revoked, or (iii) a person whose driver’s license is from a jurisdiction other than the Commonwealth, such person’s privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately. The period of suspension of the person’s license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. If the person is charged with a second offense the suspension shall be for 60 days. If not already expired, the period of suspension shall expire on the day and time of trial of the offense charged on the petition, summons or warrant, except that it shall not so expire during the first seven days of the suspension. If the person is charged with a third or subsequent offense, the suspension shall be until the day and time of trial of the offense charged on the petition, summons or warrant.
A law-enforcement officer, acting on behalf of the Commonwealth, shall serve a notice of suspension personally on the arrested person. When notice is served, the arresting officer shall promptly take possession of any driver’s license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate. Any driver’s license taken into possession under this section shall be forwarded promptly by the magistrate to the clerk of the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made together with any petition, summons or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension shall be forwarded forthwith to both (a) the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made and (b) the Commissioner. Transmission of this information may be made by electronic means.
The clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or § 46.2-391.4, the person may elect to have the license returned in person at the clerk’s office or by mail to the address on the person’s license or to such other address as he may request.
B. Promptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer’s grounds for belief that the person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance or refused to submit to a breath test in violation of § 18.2-268.3 or a similar ordinance. The report required by this subsection shall be submitted on forms supplied by the Supreme Court.
C. Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made to review that suspension. The court shall review the suspension within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension, or that portion of it that exceeds seven days if there was not probable cause to charge a second offense or 60 days if there was not probable cause to charge a third or subsequent offense, and the clerk of the court shall forthwith, or at the expiration of the reduced suspension time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded or reduced. Otherwise, the court shall affirm the suspension. If the person requesting the review fails to appear without just cause, his right to review shall be waived.
The court’s findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.
D. If a person whose license or privilege to operate a motor vehicle is suspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance during the suspension imposed by subsection A, and if the court decides to issue the person a restricted permit under subsection E of § 18.2-271.1, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.

§ 46.2-341.26:3. Refusal of tests; issuance of out-of-service orders; disqualification (top)

A. If a person arrested for a violation of § 46.2-341.24 or § 46.2- 341.31, after having been advised by a law-enforcement officer (i) that a person who operates a commercial motor vehicle on a public highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood or breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) that the unreasonable refusal to do so constitutes grounds for the issuance of an out-of-service order and for the disqualification of such person from operating a commercial motor vehicle, then refuses to permit blood or breath samples to be taken for such tests, the law-enforcement officer shall take the person before a magistrate. If he again refuses after having been further advised by the magistrate (i) of the law requiring blood or breath samples to be taken, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) the sanctions for refusal, and declares again his refusal in writing on a form provided by the Supreme Court, or refuses or fails to so declare in writing and such fact is certified as prescribed below, then no blood or breath samples shall be taken even though he may later request them.
B. The form shall contain a brief statement of the law requiring the taking of blood or breath samples, that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the sanctions for refusal; a declaration of refusal; and lines for the signature of the person from whom the blood or breath sample is sought, the date, and the signature of a witness to the signing. If the person refuses or fails to execute the declaration, the magistrate shall certify such fact and that the magistrate advised the person that a refusal to permit a blood or breath sample to be taken, if found to be unreasonable, constitutes grounds for immediate issuance of an out-of-service order prohibiting him from driving a commercial vehicle for a period of twenty-four hours, and for the disqualification of such person from operating a commercial motor vehicle.
C. If the magistrate finds that there was probable cause to believe the refusal was unreasonable, he shall immediately issue an out-of-service order prohibiting the person from operating a commercial motor vehicle for a period of twenty-four hours and shall issue a warrant or summons charging such person with a violation of § 46.2-341.26:2. The warrant or summons shall be executed in the same manner as criminal warrants. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the criminal offense is to be tried.
D. The executed declaration of refusal or the certificate of the magistrate, as the case may be, shall be attached to the warrant and shall be forwarded by the magistrate to the court.
E. Then the court receives the declaration or certificate together with the warrant or summons charging refusal, the court shall fix a date for the trial of the warrant or summons, at such time as the court designates.
F. The declaration of refusal or certificate under § 46.2-341.26:3 shall be prima facie evidence that the defendant refused to allow a blood or breath sample to be taken to determine the alcohol or drug content of his blood. However, this shall not prohibit the defendant from introducing on his behalf evidence of the basis for his refusal. The court shall determine the reasonableness of such refusal.

The Virginia attorneys and Law Offices of SRIS, P.C., is located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach but our sphere of activity is statewide.

Our Virginia DUI lawyers & DWI 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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Attorneys Licensed to Practice in Virginia, Maryland, D.C. & Massachusetts

Representing Clients in State and Federal Courts

Stop Worrying… and Let the Lawyers of SRIS, P.C., Start Taking Care of You!

The law firm of SRIS, P.C. is a one-of-a-kind legal entity in legal business and customer service – bringing specialized attorneys in Virginia, Maryland & Massachusetts together with the clients who need their services. Our attorneys are devoted to the highest standards of legal skill and client service, selected with high standards in mind. Contact SRIS, P.C. today for quality, skilled legal help in any of our broad range of practice areas in Virginia, Maryland or Massachusetts.

The Law Offices of SRIS, P.C. primarily handle cases in Criminal Law, Family & Divorce Law & Child Custody, Traffic Law such as Reckless Driving, Driving on Suspended, Speeding Ticket & DUI/DWI/OUI, Immigration, & Bankruptcy.

We also represent clients who have criminal & traffic matters before the Federal Courts of Virginia, Maryland & Massachusetts.

Since our founding in 1997, SRIS, P.C., has grown to include six offices in seven cities spanning three states, with licenses to practice in four states as well as the District of Columbia. Click on the office you are trying to locate and view the directions to that office.

• Fairfax, Virginia
• Fredericksburg, Virginia
• Lynchburg, Virginia
• Manassas, Virginia
• Richmond, Virginia
• Virginia Beach, Virginia
• Annapolis, Maryland
• Rockville, Maryland
• Boston, Massachusetts

What is SRIS, P.C.?

SRIS, P.C., in a manner of speaking, is like a wheel with many spokes. We are a growing law practice serving clients currently with legal matters in three states. Each of our attorneys focuses specifically in one area of law, which ensures that our clients are provided with top notch, in-depth knowledge and experience dealing with whatever legal problems they may have.

In addition, our lawyers are able to practice law without having to worry about bringing in clients – they focus strictly on doing the best they can in every case. Our unique structure also allows us to regulate how many cases each attorney takes on at a time, so our lawyers never have so much work that they can’t provide excellent service to every client, every time.

Expect a High Standard of Legal Service from Our Skilled Attorneys

At SRIS, P.C., our attorneys are chosen carefully, with the client’s best interest in mind. We devote ourselves to a high level of client service, and all of your important legal matters will be handled by your attorney every time - never handed off to an assistant or paralegal. As a rule, we make a sincere effort to respond to all phone calls within 8 hours, maximum. To set up an initial consultation with one of our attorneys for skilled legal help in any of our practice areas, contact SRIS, P.C. by e-mail or by phone.

Our attorneys and staff in Virginia, Maryland & Massachusetts, speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle legal matters only in Virginia, Maryland & Massachusetts.

Office in Fairfax, Virginia:

4008 Williamsburg Court
Fairfax, Virginia 22032
Phone: 703-278-0405

Directions to the Fairfax Office:

From Route 66
Take the Route 50 exit toward Fairfax
Stay in your right lane on Route 50
Route 50 turns into 236 Main Street
From Main street, look for Williamsburg Court on your right.

From the Capitol Beltway, 495:
Take the 236 Exit toward Fairfax
236 is Little River Turnpike
Little River Turnpike turns into Main Street
Continue on Main until you see Williamsburg Court on your left

Office in Fredericksburg, Virginia:

150 Riverside Parkway, Suite 300
Fredericksburg, Virginia 22406
Phone: 703-278-0405

Directions to the Fredericksburg, Virginia Office:

Coming from the North:

From I-95 South
Take exit 133B to merge onto US-17/Warrenton Rd toward Warrenton
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right

Coming from the South:

From I-95 N
Take exit 133 to merge onto US-17/Warrenton Rd toward Warrenton
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right

Coming from the East:

From US-17
Turn right at Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right

Coming from the West:

From US-17
Turn left at Sanford Dr/Stanstead Rd
Continue to follow Sanford Dr
Turn left at Riverside Pkwy
Destination will be on your right

Office in Virginia Beach, Virginia:

College Park Executive Suites
900 Commonwealth Pl, Suite 200
Virginia Beach, Virginia 23464
Phone: 757-512-5002

Directions to the Virginia Beach Office:

From I-264 W:

Merge onto Hampton Roads Belt/I-64 E via the I-64 E exit to Chesapeake/Suffolk
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft

From the Hampton area:

From Hampton Roads Belt/I-64 E via the I-64 E ramp 1
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft

From the Suffolk area:

Head southeast on VA-337/W Washington St toward N Main St/VA-32 s
Turn right at Portsmouth Blvd
Continue on W Military Hwy/US-13 N/US-460 E/US-58 E
Continue straight onto US-13 N
Merge onto Hampton Roads Belt/I-664 S via the I-264 E/I-64/US-13 N ramp to Portsmouth/Norfolk/VA Beach
Merge onto Hampton Roads Belt/I-64 W via the I-64 exit 15B to Chesapeake/VA Beach
Merge onto Indian River Rd/VA-407 N via the Indian River Rd W exit 286A
Turn left at Level Green Blvd
Turn left at Commonwealth Pl 16 ft

From the Chesapeake area:

Liberty St/VA-246
Continue on Border Rd
Turn left at Wingfield Ave
Turn right at Tatemstown Rd
Turn right at Indian River Rd/VA-407 S
Turn right at Level Green Blvd
Turn left at Commonwealth Pl

Office in Richmond, Virginia:

7400 Beaufont Springs Drive, Suite 300
Richmond, Virginia 23225
Phone: 804-201-9009

Directions to the Richmond Office:

From the Chesterfield Area:

Take VA-150 N toward CHIPPENHAM PKWY/POWHITE PKWY
Take the MIDLOTHIAN TNPK/MIDLOTHIAN exit onto MIDLOTHIAN TPKE(US-60 W)
Turn RIGHT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND

From the Midlothian Area:

Turn MIDLOTHIAN TPKE(US-60)
Turn LEFT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND

From the North:

Take I-95 S toward FREDERICKSBURG
Take exit #79/POWHITE PKWY/CHARLOTTESVILLE onto I-195 S toward 186/POWHITE PKWY (US-60) (Toll applies)
Bear LEFT on VA-76 S (Toll applies)
Take the JAHNKE RD exit onto JAHNKE RD(VA-686 E)
Continue on BOULDERS PKY
Turn LEFT on BEAUFONT SPRINGS DRi
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND

From the South:

Take I-95 N
Take exit #67B/CHIPPENHAM PKWY onto VA-150 N
Take the MIDLOTHIAN TNPK/MIDLOTHIAN exit onto MIDLOTHIAN TPKE(US-60 W)
Turn RIGHT on BOULDERS PKY
Turn RIGHT on BEAUFONT SPRINGS DR
Arrive at 7400 BEAUFONT SPRINGS DR, RICHMOND

Office in Manassas, Virginia:
8551 Sudley Road
Manassas, Virginia 20110
Phone: (703) 278-0405

Directions to the Manassas Office:

From the Gainesville area:

Head east on Lee Hwy/US-29 N toward Old Linton Hall Rdn
Take the ramp onto I-66 E toward Washington
Merge onto Sudley Rd/VA-234-BR S via the VA-234-BUS/VA-234 N exit 47 to Manassas
Make a U-turn at Impalla Dr

From the Centreville area:
Head west on Lee Hwy/US-29 S toward Old Centreville Rd
Turn left at Old Centreville Rd
Turn left at Centreville Rd/VA-28 S
Turn right at Sudley Rd

From the Fairfax area:

Head south on Chain Bridge Rd/VA-123 toward Sager Ave
Turn right at Judicial Dr
Turn right to stay on Judicial Dr
Turn left at Main St
Continue on Lee Jackson Memorial Hwy/US-50 W
Take the ramp onto I-66 W toward Front Royal
Merge onto Sudley Rd/VA-234-BR S via the VA-234-BUS exit 47A to Manassas
Make a U-turn at Impalla Dr

Lynchburg, Virginia Office:
102 Oakley Ave.
Lynchburg, Virginia 24501
Phone: 434-509-4004

Directions to the Lynchburg, Virginia Office:

From the South:

Merge onto Danville Expy/US-29 N via the ramp to Lynchburg
Continue to follow US-29 N
Continue on US-29-BR N/Wards Rd
Continue to follow Wards Rd
Slight right at US-460-BR
Slight left at Memorial Ave
Turn left at US-221

From the East:

Take VA-24
Turn right to merge onto Charles T Moses Memorial Hwy W/US-460 W/VA-24 W toward Lynchburg
Continue to follow US-460 W
Take the US-460-BUS W/US-501 S/US-501-BUS N exit toward N 29/S Boston
Keep right at the fork, follow signs for Campbell Ave/US-501-BUS N and merge onto Campbell Ave/US-460-BR W/US-501-BR N
Continue to follow US-460-BR W/US-501-BR N
Turn left at 12th Ave
Continue on US-221/US-460-BR
Turn right at US-221/Wythe Rd
Continue to follow US-221

From the West:

Take US-11-ALT E/US-460 E
Continue to follow US-460 E
Exit onto Blue Ridge Ave/US-221 N/US-460-BR E toward VA-43/Bedford
Continue to follow US-221 N/US-460-BR E
Turn left at US-221
Turn right at Lakeside Dr/US-221
Continue to follow US-221

From the North:

Take VA-56
Turn right at VA-151/VA-56
Continue to follow VA-151
Turn right at US-29 S
Exit onto US-29-BR S toward Madison Heights
Take exit 4 to merge onto Stadium Rd
Turn right at Wythe Rd
Continue on US-221

Office in Rockville, Maryland:
1 Research Court, Suite 450
Rockville, Maryland 20850
Phone: 240-399-0304
Directions to the Rockville Office:

From the South:

Take I-95 N
Continue on I-395 N
Merge onto Capital Beltway via the I-495 N exit 170B to Tysons Corner
Slight left at I-270-SPUR N toward Rockville/Frederick
Merge onto I-270 N
Slight right at I-270 Local N toward Montrose Rd
Merge onto W Montgomery Ave via the W Montgomery Ave/MD-28 W exit 6B to Darnestown Turn right at Research Blvd
Turn right at Research Ct

From the North:

US-40 E via the I-270 S/US-40 E/I-70 exit
Continue on I-270 S
Slight right at I-270 Local S toward Shady Grove Rd/Local Lanes
Take the Shady Grove Rd exit 8, keep following signs
Merge onto Shady Grove Rd
Turn left at Research Blvd
Turn left at Research Ct

From the West:

Head southeast on Fisher Ave toward Westerly Ave
Continue on Whites Ferry Rd
Slight right at Darnestown Rd
Continue on Key W Ave
Turn left at Shady Grove Rd
Turn right at Research Blvd
Turn left at Research Ct

From the East:

Take US-29 S
Merge onto Capital Beltway/I-495 W/I-495 Outerloop via the I-495 W ramp to Bethesda/Northern Virginia
Continue straight onto I-270 N toward Frederick
Slight right at I-270 Local N toward Montrose Rd
Merge onto W Montgomery Ave via the W Montgomery Ave/MD-28 W exit 6B to Darnestown
Turn right at Research Blvd
Turn right at Research Ct

Office in Annapolis, Maryland:
116 Defense Highway, Suite 502
Annapolis, Maryland 21401
Phone: (240) 399-0304

Directions to the Annapolis Office:

From the South:

Take I-95 N
Merge onto Capital Beltway/I-495 E/I-495 Outerloop/I-95 N via the I-95 N/I-495 E exit to Baltimore
Merge onto US-50 E via exit 19A to Annapolis
Take the MD-178/MD-450 exit 23 to Parole
Take the right fork to MD-450 W/Crownsville and merge onto West St
Continue on MD-450
Turn left at Defense Hwy/MD-450

From the North:

Head northwest on Harrell Rd toward Generals Hwy/MD-178
Turn left at Generals Hwy/MD-178
Turn right at Defense Hwy/MD-450

From the East:

Take US-301 S
Take the MD-450 exit 23B to Crownsville
Turn left at MD-450
Turn left at Defense Hwy/MD-450

From the West:

Take the ramp onto US-50 E toward Annapolis
Take the MD-178/MD-450 exit 23 to Parole
Take the right fork to MD-450 W/Crownsville and merge onto West St
Continue on MD-450
Turn left at Defense Hwy/MD-450

Office in Boston, Massachusetts

101 Federal Street, Suite 1900
Boston, Massachusetts 02110

Directions to the Boston Office

From the North:

Merge onto I-93 S toward Boston
Take exit 20B-A toward S Station
Merge onto John F Fitzgerald Surface Rd/Purchase St
Turn right at Summer St
Turn right at High St
Turn left at Federal St
From the South:

Merge onto I-95 N
Take exit 12 to merge onto I-93 N/US-1 N toward Boston
Take exit 20 toward S Station/I-90 W/Worcester
Follow signs for Chinatown/S Station
Turn right at Kneeland St
Kneeland St turns left and becomes Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St

From the West:

Merge onto I-90 E/Massachusetts Turnpike/Mass Pike via the ramp to Boston/Framingham (Partial toll road)
Take exit 24 A-B-C on the left toward I-93 S/Quincy/S Station/Concord NH/I-93 N
Take exit 24A for S Station
Keep left at the fork to continue toward Atlantic Ave and merge onto Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St

From the East:

Merge onto RT-3 N via the ramp to Boston/Points N
Continue on SE Expy/I-93 N/RT-3 N/US-1 N
Take exit 20 toward S Station/I-90 W/Worcester
Follow signs for Chinatown/S Station
Turn right at Kneeland St
Kneeland St turns left and becomes Atlantic Ave
Turn left at Summer St
Turn right at High St
Turn left at Federal St

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MASSACHUSETTS DISORDERLY CONDUCT, MARYLAND BREACH OF PEACE & VIRGINIA DISORDERLY CONDUCT DEFENSE ATTORNEYS

in Virginia, Maryland, D.C. & Massachusetts

There is virtually no state in the United States that does not have some form of law regarding disorderly conduct. This law is commonly described as a catch-all law. The disorderly conduct law in Virginia, Maryland & Massachusetts prohibits people from being drunk in public, disturbing the peace, etc. The law is designed to try and prevent people from making a nuisance of themselves in public. When a person is doing something that the police consider a nuisance in Virginia, Maryland or Massachusetts, they usually charge the person with disorderly conduct. What many people do not realize is that simply being a nuisance does violate the law of disorderly conduct as written in most states. Therefore, people who are charged with disorderly conduct plead guilty without getting the assistance of an criminal defense attorney. Unfortunately, this results in the person being convicted of a crime that carries the possibility of jail time and a fine. Even if the person convicted of disorderly conduct does not receive jail, they will certainly receive a permanent mark on their criminal record. Do not let this happen to you.

Please contact a Maryland, Massachusetts or Virginia criminal defense attorney of SRIS, P.C. today, if you have been charged with disorderly conduct in Virginia, Maryland or Massachusetts. You can call us 888-437-7747, email, or our fast on line form. A Virginia criminal defense lawyer, Maryland criminal defense lawyer or Massachusetts criminal defense lawyer from our firm will consult with you as to your options and possible defenses.

We have offices in Virginia, Maryland & Massachusetts.

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

Please click on the state, if you wish to read some of the laws regarding disorderly conduct in:

• Virginia Disorderly Conduct Laws
• Maryland Breach of Peace Laws
• Massachusetts Disorderly Conduct Laws

Our criminal defense attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our criminal defense lawyers are licensed to handle disorderly cases in Virginia, Maryland, D.C. & Massachusetts, however we handle disorderly conduct cases only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with disorderly conduct charges in Virginia, Maryland or Massachusetts.

Call us today!

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TRAFFIC TICKET QUESTIONS

Answered by Virginia Traffic Lawyers, Maryland Traffic Attorneys & Massachusetts Traffic Lawyers

Our Massachusetts traffic defense attorneys, Maryland traffic defense lawyers & Virginia traffic defense attorneys are frequently asked questions regarding traffic defense. We hope that the answers you find herein answers to some of your basic traffic questions regarding traffic defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia traffic defense lawyers, Maryland traffic defense lawyers or Massachusetts traffic defense lawyers, please feel free to call us, email us or contact us via our fast on line form. We are here to defend you.

The traffic ticket defense attorneys of SRIS, P.C. have offices in Virginia, Maryland, and Massachusetts to better serve you. Our offices are located in the following areas:

• Our offices in Virginia are in Northern Virginia, Central Virginia, Hampton Roads/Tidewater & western Virginia. The following are the different office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are in Rockville & Annapolis.
• Our office in Massachusetts is in Boston.

You can also learn more about the attorneys who assist clients with traffic matters by visiting our attorneys page.  If you wish to contact us, please feel free to call us, email or contact us via our fast on line form.

Traffic Tickets & Citations

• What is a Traffic Ticket?
• What’s the Difference Between Them?
• What Exactly Are Points?
• Will Having Points Affect My Insurance Rates?
• Is Driving A Right?
• Can I Demand a Trial by Jury for Traffic Violations?
• You Mentioned “Moving” and “Non-Moving” Violations. What’s the Difference?
• Are Traffic Laws In Each State the Same?
• What Is The Purpose of Traffic Tickets and Fines?
• Can you Give Me Some Examples of Bending or Breaking The Rules?
• What Information is Included on a Traffic Ticket?
• The Officer Asked Me To Sign The Ticket – Isn’t That Admitting Guilt?
• The Officer Made a Mistake on The Ticket – Is It Still Valid?
• When Does it Pay to Contest or Fight The Ticket?
• If I’m Being Arrested for My Offense, What Should I Do?
• Are There Any Methods I Can Use To Avoid Getting A Ticket In The First Place?
• How Do I Spot Officers In Marked and Unmarked Cars?
• Have You Been Charged With A Traffic Violation?

Q: What is a Traffic Ticket in Virginia, Massachusetts & Maryland?  (top)

 

A: Traffic Tickets (also known as “Citations”) are violations of traffic law, and are classified as infractions, misdemeanors or even felonies.

Q: What’s the Difference Between Them in Virginia, Massachusetts & Maryland?  (top)

A: An “infraction” is a rather minor, “garden variety” violation of the traffic law. These are usually known as “strict-liability traffic offenses” – meaning the only proof the ticketing officer must show is that the offense was actually committed.Double-parking, parking at an expired traffic meter, failure to properly signal, having a burned out headlight or brake light, not being “buckled up” are all very common infractions. Usually with an infraction, the most that can happen is you pay a fine and that’s that.

If it’s a non-moving violation, points probably won’t be assessed, and your insurance rates won’t suffer. If it’s a moving infraction – such as speeding but below a certain level, the fines can be sometimes steep, you may be assessed points, and your insurance rates may rise as a consequence.

A misdemeanor is a more serious violation of the law, punishable by a year or less in prison and fines. Some examples of traffic misdemeanors would be failing to stop at the scene of an accident, driving without a valid license or insurance, first time DUI / DWI offenses and reckless driving.

 A felony traffic violation is a very serious offense – punishable by more than a year in jail and some very substantial fines.

 

Vehicular homicide while driving drunk is one example. Multiple DWI / DUI’s are another. Failure to submit to a breathalyzer test is now a felony in many jurisdictions.

Misdemeanors and felonies violations are usually invoked when the driver causes or creates a real threat of injury to a person or destruction of property.

Q: What Exactly Are Points in Virginia, Massachusetts & Maryland?  (top)

A: The Point System is simple in theory. Most every moving traffic violation is assigned a numerical value, from 1 to 12, depending upon the severity of the offense.If convicted of the violation, the judge will send of record of the offense to the State’s Motor Vehicle Department. The DMV will then assign the mandated amounts of points to your driving record.

If you accumulate too many points over a specific period of time, your driver’s license could be suspended or even revoked.

Q: Will Having Points Affect My Insurance Rates in Virginia, Massachusetts & Maryland? (top)

A: Probably. Insurance companies routinely check the number of points their policy holder’s have on their record. You can rest assured that before being issued your policy, your driving record will be checked. As with everything else in life, if you don’t have any convictions or points on your record, you’ll get the better preferred rates, perhaps even a good drivers discount. If you have multiple moving violations, the insurance company will view you as a higher risk and charge you accordingly.

If you have some serious violations on your record, (DUI, reckless driving, vehicular homicide) insurance companies would rather not insure you at all. But since the law mandates compulsory insurance, there is what is termed an “assigned risk” pool.

All these violators are placed in this “pool” and every insurance company must provide a certain amount of them with insurance. The risk is spread out between the various companies – hence the term “pooling the assigned risk.”

If you’re in such a pool, be advised that your rates will in all probability be very high.

It’s to your advantage to avoid getting points on your record. If you do receive a moving violation, by all means consult with your attorney. Paying a fine isn’t pleasant – but it’s usually only a one time deal. Paying a fine and having to pay higher insurance rates for years to come is a lot less desirable.

Q: Is Driving A Right in Virginia, Massachusetts & Maryland?  (top)

A: No. Under the law, driving is a privilege, not a right. Even though this theory is somewhat suspect (after all, your taxes do pay for the highways and agencies that govern the driving system) it’s still the law. The state can deny you a license for any legal reason, even for violations that have nothing to do with driving – such as drug convictions or failure to pay child support.

Q: Can I Demand a Trial by Jury for Traffic Violations in Virginia, Massachusetts & Maryland?  (top)

A: With infractions, you usually don’t have the right to a trial by jury. It’s a simple administrative process – and in many cases you can satisfy the court by mailing in your fine – or even paying it on line in some places. With misdemeanors and felonies, you have all your Constitution rights intact – including the right of having a court-appointed attorney and a trial by jury. This is mainly because of the seriousness of the offense, being placed under arrest with the possible loss of your freedom upon conviction.

Q: You Mentioned “Moving” and “Non-Moving” Violations. What’s the Difference in Virginia, Massachusetts & Maryland?  (top)

A: Basically – it’s just as it implies. A moving violation usually involves an infraction caused by a vehicle in motion. Speeding, illegal U turns, failure to signal, failure to yield, running a stop sign, DUI / DWI offenses are all moving violations. Non-moving violations occur when the vehicle is parked, or by having some minor mechanical defect. Double parking, parking in a restricted zone, faulty headlights, having a loud muffler are all considered non-moving violations.

Q: Are Traffic Laws In Virginia, Massachusetts & Maryland the Same?  (top)

A: No, they vary and differ from state to state. What may be a misdemeanor in Nebraska might qualify for a felony conviction in Virginia or New York. What isn’t even considered an infraction in many states is in others. For example, if you’re driving in Nebraska under a daytime light rain with your windshield wipers on, you don’t have to consider turning on your headlights. In New York and New Jersey, not having your headlights on when the windshield wipers are moving – no matter the time of day or light conditions – will cost you a traffic ticket.

Q: What Is The Purpose of Traffic Tickets and Fines in Virginia, Massachusetts & Maryland?  (top)

A: The stated purpose is to make sure the roads and highways are safe for all drivers, and traffic laws and fines are a proven and effective method to accomplish this goal. Very few people would argue against that. Most people do obey the traffic laws, even when they are probably not going to be caught violating them. (Making an “illegal” U Turn at the dead of night with no traffic in sight.) However, those who do tend to ignore the rules of the road are usually the ones that pose the greatest risk to public safety and likewise amass the greatest number tickets.

However, as with most things government does – money is a very big factor.

Municipalities and states derive a very large portion of their budget from these fines. Since any reasonable doubt usually falls in favor of the ticketing officer, it’s usually too much trouble and effort for the average, law abiding person to contest a violation – especially if it’s just a minor infraction. It’s pay the fine and move on.

This gives an incentive for some officers to “bend the rules” or outright break them. They usually have non specified quotas to fill on writing traffic tickets (even though most municipalities will deny it) and the officer avoids problems with their chief by meeting those expectations.

Q: Can you Give Me Some Examples of Bending or Breaking The Rules in Virginia, Massachusetts & Maryland?  (top)

A: Ticketing a motorist for going a couple of miles over the speed limit, especially if the car was traveling down a very steep hill. Though technically a violation, it probably occurs hundreds of times a day with no one getting stopped for it.There are cases where an officer will write a ticket for “overtime parking” when in fact there was still time left in the meter. Or issue a violation for parking in a handicapped zone – even though a valid sticker was easily observable hanging from the rear view mirror.

Or an officer may decide to follow you, trying to rattle your nerves enough so that you make some sort of moving violation.

Is it legal? Maybe yes – but many times no. However, if it comes down between your word and the officer’s – without substantiating proof you probably won’t be able to convince a judge of your innocence. And even if you do – the chances of the ticketing officer being disciplined for their dubious actions is remote.

Q: What Information is Included on a Traffic Ticket in Virginia, Massachusetts & Maryland ?  (top)

A : Basically, the following:

 

The specific violation you are being charged with

Date, time, and place of the alleged offense

Color, model, and registration of your vehicle

The police or ticketing officer’s name and badge number

A notice of how to dispute or contest the charge against you

Q: The Officer Asked Me To Sign The Ticket – Isn’t That Admitting Guilt in Virginia, Massachusetts & Maryland?  (top)

A: No. Signing the ticket merely indicates you’ve properly received it. You’ll still have your day in traffic court.

Q: The Officer Made a Mistake on The Ticket – Is It Still Valid in Virginia, Massachusetts & Maryland? (top)

A: The ticket is valid, but if the mistake is fundamental to the charge at hand, you may be able to defend yourself by pointing out the erroneous information. For instance, if you receive a parking ticket and the license plate number recorded is no where near your actual plate number, you may be able to say the officer erred in determining your car was at fault.If the ticket has a violation noted as occurring on a specific day, and you can prove you were elsewhere at that time, that may also be a defense. If the citation mentions your vehicle as being a yellow Honda and you drive a black Lexus, you can point that out to the judge as a cause to dismiss the charges.

However, simple errors don’t mean much (noting the car was dark blue instead of black, or reversing a number or digit when recording the license plate.)

But, as mentioned above… if there is any doubt, the judge will usually err on the side of the ticketing officer.

Q: When Does it Pay to Contest or Fight The Ticket in Virginia, Massachusetts & Maryland?  (top)

A: As a matter of practicality, if the offense is a minor infraction with no points being assessed to your license and little likelihood of affecting your insurance rates, then the best avenue is to simply grumble, pay and then forget about it. The time and aggravation spent in traffic court will more than outweigh the benefits of saving a couple of bucks.However, if the charge is more serious, the fines likely to be high with points being levied against your license – you may want to give considerable thought to hiring a qualified and experience traffic attorney. In cases of DUI / DWI, reckless driving, vehicular homicide or similar serious infractions – don’t fool around. Hire the most competent lawyer you can find. Your driving privileges and possibly your freedom hang in the balance.

One other thing, never offer the officer a bribe or anything that can be construed as a bribe. You’ll more than likely find yourself in a bus load of legal trouble – many times far worse than the original traffic violation.

Q: If I’m Being Arrested for My Offense, What Should I Do in Virginia, Massachusetts & Maryland?  (top)

A: KEEP SILENT! By no means offer any explanations or try and talk your way out if it. The only thing you’ll accomplish is to talk yourself into deeper trouble. Anything you say can and will be used against you. Don’t offer ANY information without having an attorney present. If the infraction was serious enough to warrant an arrest, then it’s no time to play around. Be polite, but refuse to answer any questions put to you before you have a chance to speak with a lawyer. Physically cooperate as much as possible – you don’t need a charge of resisting arrest as well. If the officer suspects you’ve been drinking and driving, you may be subject to a breathalyzer test. If you refuse to take it, the consequences are many times more damaging than the possible DWI / DUI conviction itself. Even if you are later acquitted of the original drunk driving charge, you can still be prosecuted for failure to submit to the test.

There seems to be a disturbing trend happening more and more often. While being arrested for traffic offenses, the detainee is many times subject to abusive and often demeaning commands from the arresting officer – such as being commanded to crawl on their knees or being told not to look at the officer’s face. Prudence would dictate a conciliatory attitude with these demands, since the police are the one’s with the guns. Yes, it rankles! Your attorney will have a chance to make this known in open court for possible civil rights violations, undo force or even brutality charges.

Q: Are There Any Methods I Can Use To Avoid Getting A Ticket In The First Place in Virginia, Massachusetts & Maryland?  (top)

A: Frankly, yes. Police are people, with all the faults and foibles belonging to members of the human race. Certain things will prejudice them against you.Some drivers have vile or obscene bumper stickers on their vehicles. That’s an invitation to get stopped for “traffic infractions.” Even political bumper stickers may get you extra scrutiny, especially if the candidate or cause you espouse goes against the officer’s grain.

Here’s one many drivers aren’t aware of: Having a bumper sticker or emblem that looks like some sort of police benevolent society can actually work against you! It looks like you’re trying to curry favor by having such a ‘talisman” on your car – and many officers resent it. (Take this to heart the next time you get a phone call from someone asking for a donation for some “law enforcement” society, and tells you about the “support sticker” you’ll be sent as a donor. Hang up the phone – you’ll only be wasting your money.)

“Hot” cars with racing strips or custom designs “look fast” – and police officers may decide to give you a speeding ticket even if you were going at or near the posted limit. If you are young, a minority and behind the wheels of such a vehicle, expect to get hassled as a matter of course.

Having tinted windows is another invitation to get pulled over. Police hate them because they offer the driver too much privacy – the officer can’t see what’s happening inside the vehicle. They immediately think of the worst, and will react accordingly.

Most anything that gives the driver an edge over the police can get you into trouble – such as radar detectors. If you’re stopped for speeding, and the officer has to decide whether to give you a warning or a ticket – if they spot a radar detector in your car, you’ll get the ticket.

Q: How Do I Spot Officers In Marked and Unmarked Cars in Virginia, Massachusetts & Maryland?  (top)

A: Marked cars are relatively easy. They’re the ones with POLICE on the body and the rack of lights of the top. But even plain or unmarked patrol cars have tell tale signs.

Patrol cars usually have only one occupant – the police officer.

Look for a shotgun rack mounted in the car’s front compartment.

Look for the oversized spotting light next to the car’s outside left hand side view mirror. It will appear as two side mirrors – which is a dead giveaway that car probably belongs to law enforcement.

If you see a motorcycle with a large sized radio antenna sticking out from a boxed shaped rear compartment – it probably belongs to law enforcement.

In some rural areas, especially those with long straight roadways, police use aircraft to monitor vehicles. If you spot a small Cessna-type airplane flying parallel to the highway, it’s a good bet it’s law enforcement surveying the situation from above. The pilot will call to patrol cars in the area to intercept and stop you if you’ve been tagged as speeding.

Have You Been Charged With A Traffic Violation in Virginia, Massachusetts & Maryland?  (top)

At SRIS, P.C. we’ll advise you of the best approach to take if you’ve received a ticket or traffic related violation.

Depending upon the charge, our skilled and experienced attorneys will let you know the probable consequences of your violation, or if it even pays to fight the charges in the first place.

If you’ve been charged with a serious traffic violation, you’ll get the experienced counsel you need in order to make a rational decision about defending yourself. You’ll never get fear mongering or exaggerated possibilities – just the facts on what you can expect in your particular case.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information. There’s never any charge for an initial conversation, and your complete confidentiality is assured. Here’s our telephone number: 888-437-7747

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