yThe Virginia DMV uses a demerit system to keep track of your driving record. For each year you go without getting a ticket or driving infraction, you earn a point, and with each traffic violation, you lose points, i.e. gain demerits.

The points appear on your personal record to indicate whether you are a good or bad driver. For example, a perfect record has +5 points. The good or bad points don’t influence your car insurance, but they will influence how police officers and judges deal with you, which matters when faced with traffic fines. The more demerits you have, the more likely you are considered a bad driver, and the more likely you are to be convicted of a traffic violation, which in turn earns you more demerits.

And so the cycle goes on.


Here are some examples of traffic violations you should know and how many demerit points each is worth:

Three-point violations:

• Driving 1 to 9 mph above the posted speed limit
• Improper stopping on the highway
• Making an improper u-turn
• Turning left at a red light
• Driving while using a handheld cellphone device

Four-point violations:

• Driving more than 10 mph above the speed limit
• Aggressive driving
• Following another car too closely
• Passing a care when unsafe
• Driving the wrong way down a one-way street

Six-point violations (these can stay on your personal record for up to 11 years and you can even face prison time)

• Driving more than 20 mph above the speed limit
• Driving while intoxicated
• Driving on a suspended license
• Operating an unsafe vehicle
• Passing a school bus
• Driving while consuming alcohol under the age of 21

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If you accrue too many demerit points, or if you have too many traffic violations in a short amount of time, you can be put on probation and your license can be suspended. Traffic violations and demerit points stay on your personal record for a number of years, so it is very important to be a safe driver, know the law, and understand how the system operates.

If you are pulled over and given a ticket for a traffic violation, contact a traffic attorney immediately. An experienced attorney can help you dismiss or amend your charge, so that you won’t risk having demerits that can affect your driving record for years to come.

It’s very important that a client feels safe in confiding in their lawyer.  Someone who seeks advice or guidance from a lawyer has the right to do so completely free of any fear that their secrets will be revealed.  Attorneys abide by strict rules of ethics, and that includes the principle of confidentiality.

What does attorney-client privilege mean exactly?  It means that when you seek legal advice of any kind from an attorney, that attorney is forbidden from communicating to anyone what you tell them in confidence.  So even if you tell your lawyer where a body is buried, they are legally and ethically bound to keep that a secret.

In this case, it can seem like the ethics are backwards.  If a lawyer knows something important to a criminal investigation, shouldn’t they tell the police immediately?  Many lawyers find themselves in this very difficult position.  But revealing a client’s secrets would break the important bond of trust that is necessary to provide fair legal counsel to everyone.

Ethically, lawyers know they must keep their client’s confessions under lock and key, much like a priest knows they must keep their parishioner’s confessions under lock and key.  Also, if a lawyer were to give up a client’s secrets they would face severe disciplinary action, including having their law license revoked.

Since you take no risk in doing so, you should tell your lawyer everything.  Telling your legal counsel the whole story will help them provide you with the most accurate professional advice and proceed in the best way without being blindsided in the courtroom with a fact that you failed to mention.
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Going to a lawyer is like going to a doctor.  You wouldn’t omit a fact from your doctor because it embarrassed you.  Your doctor needs to know everything that’s going on, so they can treat you accordingly.  The same goes for your lawyer.  You can trust your lawyer.  You risk more in telling them too little than in telling them too much.

A statute of limitations is essentially the time limit in which someone can take legal action after an incident occurs.  Here are five things to know about statutes of limitations:

1.   There is a limited amount of time in which you can file a lawsuit after a wrongdoing.

In Virginia, for example, there is a two year limit of injuries to a person, libel, slander or fraud.  There is a five year statute of limitations for injury to personal property, trespassing and breach of written contracts.  After this time has passed, the window of opportunity has closed for filing a lawsuit.


2.   There is a limited amount of time in which a prosecutor must file criminal charges against someone after they’ve been arrested.

Of course, time limits do not apply to the most serious crimes such as rape or murder.  But statutes of limitations for other less serious offences are meant to protect the integrity of evidence and maintain justness in our justice system.
In Virginia, most misdemeanors are given a one year time limit.  There is also a five year statute of limitations for cruelty to animals and tax evasion, for example.

3.   There are exceptions to statutes of limitations.

In some cases, a person is not aware that they’ve been wronged or injured until a significant amount of time has passed.  For example, in the case of medical malpractice, a patient may not know that their doctor botched their surgery until unexpected symptoms arise a few years later.  In another example, a woman may not become aware that her male counterparts were paid a significantly higher income until a few years down the road.  In these cases, the “clock” starts ticking on the statute of limitations at the moment of discovery.

4.   There are complicated rules about when the “clock” starts ticking.

It’s hard for anyone other than a lawyer to figure out when the clock starts ticking on a statute of limitations.  Why?  Because the timer doesn’t necessarily start counting down at the moment a crime is committed.  For example, if a suspect flees the state, the timer stops.  A fugitive could live out-of-state for decades with the timer on pause, but when they re-enter the state the statute of limitations starts ticking again.

5.   It’s important to hire an attorney as soon as possible.
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​Since there are many factors in determining the time limits for filing a lawsuit, it’s always better to work with an attorney.  The sooner you hire an attorney, the more time they will have to build a case for you before the statute of limitations runs out.

Drinking and driving is not only dangerous to yourself and others on the road, it can also result in a costly criminal offense: Driving Under the Influence, or DUI.  But what does it take to get a DUI in Virginia?

Your level of alcohol influence is measured by Blood Alcohol Content, or BAC.  In Virginia, if you’re over 21, you are assumed to be intoxicated if your BAC is 0.08% or above.  If you’re driving a commercial vehicle, the limit is 0.04%.  If you’re under 21 years of age your BAC limit is 0.02%.

But what does it take to be over the limit?  That depends on a lot of variables, including gender, body type, metabolism, rate of drinking, the amount of food in your stomach and other drugs or medications you may be taking.

There are many charts available to determine your BAC, such as this one, but always keep in mind that the chart is for general guidance only as many other variables could significantly influence your BAC level.

According to the chart, for example, a woman who weighs 140 pounds and has 3 drinks within the course of an hour will be over the limit.  If she has 3 drinks over the course of 3 hours, however, she stays below the limit.  Keep in mind that when it comes to drinking, the fewer the pounds you weigh, the fewer the drinks you can tolerate.  In general, men can tolerate more drinks due to their increased muscle mass.

What are the penalties for a DUI in Virginia?

After the first offense:

• Minimum 5 days in jail
• Minimum fine of $250.00
• License suspension of 1 year
• Interlock Ignition Device (IID) required if BAC is 0.15 or above.

An IID is essentially a breathalyzer test attached to the ignition of your car.  It requires you to blow a safe BAC level before your engine will start.

After the second offense:

• Minimum 20 days to 1 year in jail
• Minimum fine of $500.00
• License suspension of 3 years
• IID required

After the third offense:

• Minimum 6 months in jail
• Minimum fine of $1,000.00
• Indefinite license suspension

​Keep in mind that while you’ll be required to pay fines, you’ll also need to hire a lawyer and shell out for court costs.  Your freedom of transportation will be limited while your license is suspended.  You will spend time in jail.  The bottom line is that it’s not worth drinking and driving.  Always have a plan before you start drinking about how you will get back home.