Posts Tagged ‘Virginia State Law’
Virginia State Law Reckless Driving
There are 14 different Virginia state laws that outlaw reckless driving in Virginia.
Every one of the different Virginia state laws makes a Virginia reckless driving offense a crime and the penalties for a reckless driving ticket in Virginia is very severe.
The SRIS Law Group Virginia Reckless driving attorneys can defend you against any type of reckless driving charge.
Our Virginia Reckless driving lawyers have the experience to defend you against any type of reckless driving charge.
Contact a SRIS Law Group Virginia reckless driving lawyer in Virginia.
General Reckless Driving In Virginia
Virginia State Law Section 46.2-852
If you have received a reckless driving ticket in Virginia, then you have just gotten charged with a very serious traffic offense that is a criminal charged. You need the help of an experienced Virginia reckless driving defense attorney. The SRIS, P.C. reckless driving defense attorneys in Virginia are former prosecutors and former law enforcement officers. You can count on our Virginia reckless driving defense attorneys working hard to defend you in Virginia courts and Virginia federal courts.
General Reckless Driving In Virginia – Virginia State Law Section 46.2-852
Irrespective of the maximum speeds permitted by Virginia law, any person who drives a vehicle on any highway in Virginia, recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
Virginia Code Section 46.2-852 defines reckless driving as driving in a manner that endangers life, limb or property. VA Code Section 46.2-852 is the general reckless driving statute. Virginia Code Section 46.2-852 is class 1 misdemeanor in Virginia. The maximum penalty for a conviction of VA Code Section 46.2-852 is 12 months in jail, $2500 fine, 6 months loss of license in Virginia and six points on your Virginia driving record.
If you have received a general reckless driving ticket in Virginia for driving in a manner that endangers life, limb or property, contact the Virginia reckless driving defense lawyers of SRIS, P.C. We can HELP!
SRIS, P.C. has offices in Northern Virginia, Central Virginia, Western Virginia & in the Hampton Roads/Tidewater Area. We have 4 former prosecutors and even a former state trooper who can defend you. Our highly skilled Virginia reckless driving attorneys can defend you in Virginia federal courts as well.
- Northern Virginia Offices – Fairfax & Manassas
- Central Virginia Office – Richmond
- Hampton Roads/Tidewater Area – Virginia Beach
- Western Virginia – Lynchburg
Call us at 888-437-7747 today for help or reach us on line.
Virginia has one of the most comprehensive reckless driving laws in the country. If you have received a reckless driving ticket in Virginia, you can count on our reckless driving defense attorneys to work aggressively at defending you against any type of reckless driving citation in the Virginia courts. The following are some of the most commonly charged reckless driving offenses in Virginia:
Reckless Driving Charge In Virginia Due To Speeding – Virginia Reckless Driving State Law 46.2-862
General Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-852
Racing is Reckless Driving In Virginia - Virginia Reckless Driving State Law 46.2-865
Virginia Reckless Driving – Two Abreast In A Single Lane – Virginia Reckless Driving State Law 46.2-857
Passing Two Vehicles Abreast Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-856
Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-859
Failure to Yield Right of Way In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-863
Failure to Give Proper Signal Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-860
Driving Too Fast For Conditions In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-861
Faulty Brakes / Driving Vehicle Not Under Control In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-853
Passing At Railroad Grade Crossing In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-858
Driving On Parking Lots Recklessly is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-864
VIRGINIA CODE SECTION 18.2-308.4
Possession Of Firearm While In Possession of Certain Controlled Substances
If you have been charged with a violation of possession of firearm while in possession of certain controlled substances, (Virginia State Law Section 18.2-308.4), you should take this charge very seriously. The penalties for a violation of Virginia State Law Section 18.2-308.4 are very severe. A violation of Virginia State Law Section 18.2-308.4 (A) is a class 6 felony. A violation of Virginia State Law Section 18.2-308.4 (B) is a class 6 felony with a mandatory minimum term of imprisonment of two (2) years. A violation of Virginia State Law Section 18.2-308.4 (C) is a class 6 felony with a mandatory minimum term of imprisonment of five years.
It is vital that if you are charged with Virginia Code Section 18.2-308.4 that you contact a drug defense lawyer who is experienced at defending clients charged with drug offenses and firearms violations. The drug defense lawyers of SRIS, P.C. are highly experienced drug defense lawyers.
The SRIS, P.C. drug & firearms defense attorneys of SRIS, P.C. have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area. You can reach us via phone at 888-437-7747 or on line.
Our offices in Northern Virginia are in Fairfax & Manassas.
Our office in Central Virginia is in Richmond.
Our office in Western Virginia is in Lynchburg.
Our office in the Hampton Roads/Tidewater Area is in Virginia Beach.
§ 18.2-308.4. Possession of firearms while in possession of certain controlled substances.
A. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.
B. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
C. It shall be unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of marijuana. A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
Racing Is Reckless Driving In Virginia
Virginia State Law Section 46.2-865
If you have received a reckless driving ticket in Virginia, then you have just gotten charged with a very serious traffic offense that is a criminal charged. You need the help of an experienced Virginia reckless driving defense attorney. The SRIS, P.C. reckless driving defense attorneys in Virginia are former prosecutors and former law enforcement officers. You can count on our Virginia reckless driving defense attorneys working hard to defend you in Virginia courts and Virginia federal courts.
Racing is Reckless Driving In Virginia – Virginia State Law Section 46.2-865
Any person who engages in a race in Virginia, between two or more motor vehicles on the highways in the Commonwealth of Virginia, or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2- 398.
Virginia Reckless Driving Code Section 46.2-865 defines racing as reckless driving. VA Reckless Driving Code Section 46.2-865 is the reckless driving statute that prohibits racing. Virginia Reckless Driving Code Section 46.2-865 is class 1 misdemeanor in Virginia. The maximum penalty for a conviction of VA Reckless Driving Code Section 46.2-865 is 12 months in jail, $2500 fine, mandatory 6 DMV months loss of license in Virginia and six points on your Virginia driving record.
If you have received a reckless driving ticket ing Virginia for racing, contact the Virginia reckless driving defense lawyers of SRIS, P.C. We can HELP!
SRIS, P.C. has offices in Northern Virginia, Central Virginia, Western Virginia & in the Hampton Roads/Tidewater Area. We have 4 former prosecutors and even a former state trooper who can defend you. Our highly skilled Virginia reckless driving attorneys can defend you in Virginia federal courts as well.
- Northern Virginia Offices – Fairfax & Manassas
- Central Virginia Office – Richmond & Fredericksburg
- Hampton Roads/Tidewater Area – Virginia Beach
- Western Virginia – Lynchburg
Call us at 888-437-7747 today for help or reach us on line.
Virginia has one of the most comprehensive reckless driving laws in the country. If you have received a reckless driving ticket in Virginia, you can count on our reckless driving defense attorneys to work aggressively at defending you against any type of reckless driving citation in the Virginia courts. The following are some of the most commonly charged reckless driving offenses in Virginia:
Reckless Driving Charge In Virginia Due To Speeding – Virginia Reckless Driving State Law 46.2-862
General Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-852
Racing is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-865
Virginia Reckless Driving – Two Abreast In A Single Lane – Virginia Reckless Driving State Law 46.2-857
Passing Two Vehicles Abreast Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-856
Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-859
Failure to Yield Right of Way In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-863
Failure to Give Proper Signal Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-860
Driving Too Fast For Conditions In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-861
Faulty Brakes / Driving Vehicle Not Under Control In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-853
Passing At Railroad Grade Crossing In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-858
Driving On Parking Lots Recklessly is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-864
PASSING A STOPPED SCHOOL BUS – VIRGINIA RECKLESS DRIVING
Virginia State Law Section 46.2-859
If you have received a reckless driving ticket in Virginia, then you have just gotten charged with a very serious traffic offense that is a criminal charge. You need the help of an experienced Virginia reckless driving defense attorney. The SRIS, P.C. reckless driving defense attorneys in Virginia are former prosecutors and former law enforcement officers. You can count on our Virginia reckless driving defense attorneys working hard to defend you in the Virginia courts and Virginia federal courts.
Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia State Law Section 46.2-859
A person is guilty of reckless driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2- 1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
Virginia Reckless Driving 46.2-859 defines what constitutes as reckless driving if a driver passes stopped school bus. VA Reckless Driving 46.2-859 is the reckless driving statute that prohibits passing a school bus. Virginia Reckless Driving 46.2-859 is class 1 misdemeanor in Virginia. The maximum penalty for a conviction of VA Reckless Driving 46.2-859 is 12 months in jail, $2500 fine, 6 months loss of license in Virginia and six points on your Virginia driving record.
If you have received a Virginia reckless driving ticket for passing a stopped school bus, contact the Virginia reckless driving defense lawyers of SRIS, P.C. We can HELP!
SRIS, P.C. has offices in Northern Virginia, Central Virginia, Western Virginia & in the Hampton Roads/Tidewater Area. We have 4 former prosecutors and even a former state trooper who can defend you. Our highly skilled Virginia reckless driving attorneys can defend you in Virginia federal courts as well.
- Northern Virginia Offices – Fairfax & Manassas
- Central Virginia Office – Richmond & Fredericksburg
- Hampton Roads/Tidewater Area Office- Virginia Beach
- Western Virginia Office – Lynchburg
Call us at 888-437-7747 today for help or reach us on line.
Virginia has one of the most comprehensive reckless driving laws in the country. If you have received a reckless driving ticket in Virginia, you can count on our reckless driving defense attorneys to work aggressively at defending you against any type of reckless driving citation in the Virginia courts. The following are some of the most commonly charged reckless driving offenses in Virginia:
- Reckless Driving Charge In Virginia Due To Speeding – Virginia Reckless Driving State Law 46.2-862
- General Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-852
- Racing is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-865
- Virginia Reckless Driving – Two Abreast In A Single Lane – Virginia Reckless Driving State Law 46.2-857
- Passing Two Vehicles Abreast Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-856
- Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-859
- Failure to Yield Right of Way In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-863
- Failure to Give Proper Signal Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-860
- Driving Too Fast For Conditions In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-861
- Faulty Brakes / Driving Vehicle Not Under Control In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-853
- Passing At Railroad Grade Crossing In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-858
- Driving On Parking Lots Recklessly is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-864
Reckless Driving Charge In Virginia Due To Speeding
Virginia State Law Section 46.2-862
If you have received a reckless driving ticket in Virginia, then you have just gotten charged with a very serious traffic offense that is a criminal charged. You need the help of an experienced Virginia reckless driving defense attorney. The SRIS, P.C. reckless driving defense attorneys in Virginia are former prosecutors and former law enforcement officers. You can count on our Virginia reckless driving defense attorneys working hard to defend you in Virginia courts and Virginia federal courts.
Reckless Driving Charge In Virginia Due To Speeding – Virginia State Law Section 46.2-862
A person shall be guilty of reckless driving in Virginia, who drives a motor vehicle on the highways in the Commonwealth of Virginia (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
Virginia reckless driving 46.2-862 defines reckless driving as driving at a speed of twenty miles per hour or more in excess of the posted speed limit or driving in excess of eighty miles per hour. VA reckless driving 46.2-862 is the reckless driving statute that prohibits driving at reckless speeds. Virginia reckless driving 46.2-862 is class 1 misdemeanor in Virginia. The maximum penalty for a conviction of VA Code Section 46.2-862 is 12 months in jail, $2500 fine, 6 months loss of license in Virginia and six points on your Virginia driving record.
If you have received a reckless driving ticket in Virginia for driving at reckless speeds, contact the Virginia reckless driving defense lawyers of SRIS, P.C. We can HELP!
SRIS, P.C. has offices in Northern Virginia, Central Virginia, Western Virginia & in the Hampton Roads/Tidewater Area. We have 4 former prosecutors and even a former state trooper who can defend you. Our highly skilled Virginia reckless driving attorneys can defend you in Virginia federal courts as well.
- Northern Virginia Offices – Fairfax & Manassas
- Central Virginia Office – Fredericksburg & Richmond
- Hampton Roads/Tidewater Area – Virginia Beach
- Western Virginia – Lynchburg
Call us at 888-437-7747 today for help or reach us on line.
Virginia has one of the most comprehensive reckless driving laws in the country. If you have received a reckless driving ticket in Virginia, you can count on our reckless driving defense attorneys to work aggressively at defending you against any type of reckless driving citation in the Virginia courts. The following are some of the most commonly charged reckless driving offenses in Virginia:
- Reckless Driving Charge In Virginia Due To Speeding – Virginia Reckless Driving State Law 46.2-862
- General Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-852
- Racing is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-865
- Virginia Reckless Driving – Two Abreast In A Single Lane – Virginia Reckless Driving State Law 46.2-857
- Passing Two Vehicles Abreast Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-856
- Passing A Stopped School Bus in Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-859
- Failure to Yield Right of Way In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-863
- Failure to Give Proper Signal Is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-860
- Driving Too Fast For Conditions In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-861
- Faulty Brakes / Driving Vehicle Not Under Control In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-853
- Passing At Railroad Grade Crossing In Virginia Is Reckless Driving – Virginia Reckless Driving State Law 46.2-858
- Driving On Parking Lots Recklessly is Reckless Driving In Virginia – Virginia Reckless Driving State Law 46.2-864
What Is A Class 5 Felony In Virginia?
A Class 5 felony in Virginia is a very serious charge. The maximum punishment for a class 5 felony in Virginia is a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
There are many different crimes in Virginia that are classified as class 5 felonies in Virginia.
If you are facing a class 5 felony or any other class of felony in Virginia, contact the SRIS Law Group Virginia attorneys for help.
Our Virginia lawyers have helped many clients facing a felony in Virginia.
Contact us at 888-437-7747.
Keep in mind that any kind of felony in Virginia has severe consequences. There are six classes of felonies in Virginia.
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Class 1 felony
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Class 2 felony
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Class 3 felony
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Class 4 felony
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Class 6 felony
Virginia State Law 18.2-10 states the different penalties for a felony in Virginia.
VA Code § 18.2-10. Punishment for conviction of felony; penalty
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
