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.

We come across a lot of different types of insurance in our personal injury practice.  Auto insurance coverage comes with so many different options, it can be hard to figure out exactly what it all means. We’re going to explain terms like liability, underinsured motorist protection and comprehensive coverage.  But first, let’s start by taking a look at our state’s requirements.  For Virginia residents, the DMV requires the following minimum coverage:

-Bodily injury/death of one person $25,000
-Bodily injury/death of two or more persons $50,000
-Property damage $20,000

This means that your insurance plan must cover at least $25,000 of the medical or funeral expenses incurred to a driver or passenger in another vehicle if an accident was your fault.  If more than one person is injured or killed, your plan must at least cover $50,000 worth of expenses.  Also, your insurance plan must cover at least $20,000 worth of property damage for others involved in the accident.  For example, if you cause an accident and the driver of another vehicle is injured and their car is totaled, your insurance must cover at least $25,000 worth of their medical expenses and $20,000 worth of damage to their vehicle.  It’s worth noting that if you have only the bare minimum coverage, you may be legally responsible to pay anything above your insurance coverage out-of-pocket.  For instance, if the other driver’s medical bills cost $75,000, your insurance company is required to pay $25,000 but the injured party can sue you to recover the remaining $50,000 of the bill.

Insurance that covers the costs of injuries or property damage to others if you are at fault in an accident is called liability insurance.  The minimum auto insurance requirements in Virginia cover liability.  We should mention that in Virginia, you can choose not to have any insurance at all, but it will cost you a $500 fee every time you renew your registration at the DMV.  We never recommend this option.  It’s much safer and smarter to invest in insurance.

Liability insurance is the minimum coverage required.  If you have liability insurance, it’s probably a good idea to choose liability insurance that’s above the state’s requirements.  For instance, having bodily injury/death of one person set at $50,000 and property damage coverage set at $40,000 offers twice the protection of the mandatory amount.  Bear in mind that medical expenses for serious injuries can easily exceed $50,000, however, so if you can afford it, you may wish to consider limits of $100,000, $300,000, or even more for liability coverage.  The more assets you have to lose, the higher your coverage should be.  This will protect your home and savings in case you’re ever found at fault in a serious accident.

Remember, liability insurance only covers others involved in an accident.  If you just have liability insurance and you cause an accident, damage to your own vehicle and your own medical bills will not be covered.  That’s why it can be a good idea to step up to collision coverage.  Collision coverage pays for the damage to your own car.  If your car has value or is relatively new, collision coverage is usually recommended.  However, if your car is old and doesn’t have much value, then you may want to consider whether the more expensive premium for collision coverage is worth it to you.

Collision coverage pays for damages to your vehicle, but what if you’re injured?  Medical expense coverage is what pays for your medical expenses if you’re hurt.  With this coverage, your own medical bills and the medical bills of any passengers who are riding with you will be paid in the event of an accident.  We highly recommend this kind of coverage as things like hospital bills, ER visits, ambulance rides, and physical therapy can add up to staggering costs, and the cost of medical expense coverage is affordable.

All the coverage we’ve discussed so far comes into effect in the event of an accident.  But what if your car is stolen, or if you hit a deer, or if your car is dinted in a hail storm?  Comprehensive coverage pays for the situations that occur outside of accidents.  Comprehensive coverage can be great if it fits your budget, but if your car doesn’t have much value and is easily replaceable, you may want to consider whether the added expense is worth the price.
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While all states require minimum liability coverage, unfortunately some drivers choose instead to pay the uninsured motorist fee.  Some drivers may carry the minimum coverage, but don’t have the necessary funds to pay for costs that exceed their coverage.  So if someone is legally responsible for the damages that occur in an accident, you might not actually receive all the funds you need.  Uninsured or underinsured motorist protection helps in this type of situation by covering those expenses.  As a small piece of advice, it’s usually not very expensive to add this kind of coverage to your policy (and one day you might be glad you did)!  ​Uninsured or underinsured motorist coverage will pay for your damages and injuries if someone else causes an accident that injures you, and they don’t have insurance, or don’t have enough insurance to cover your injuries.  For instance, let’s say a brand new driver with his first car and only $25,000 in liability coverage runs into you, causing major injuries to you, with your hospital bills in excess of $50,000.  If you have $100,000 in underinsured motorist coverage, you can collect $25,000 from the insurance of the driver at fault, and the remaining $50,000 plus from your own insurance.  

1.     Hire a lawyer.

This just has to be number one on our list.  The price of an attorney is well worth not having points on your driving record or having your monthly car insurance premiums skyrocket.  Traffic court cases can get very complicated, and it’s always best to have appropriate counsel and representation.

2.     Dress appropriately.

Most judges are sticklers for appropriate dress.  It’s not just the lawyer’s job to dress up for court; it’s expected from everyone.  What you’re wearing will make an impression on the judge, so do yourself a favor and dress in a way that reflects your respect for the court and your respect for yourself.

3.     Show up early.

Showing up early may be the best way to jump the line and skip the long, long wait.  This could also give you an opportunity to appear before the judge before his or her patience gets worn thin by other defendants.

4.     Turn off your cell phone.

What’s the best way to annoy a judge?  By having your cell phone ring during court!  This one should be a no-brainer.  Make sure you remember to turn it off.

​5.     Call the judge “your honor.”

​Court is a formal environment.  Make sure you refer to the judge as “your honor,” not by Mr. or Ms. Insert-last-name-here.  Not only will this make you appear respectful, it will also make you seem more eloquent.

Traffic tickets aren’t just costly in terms of fines.  They also put demerit points on your driving record, which can increase your monthly insurance premium.  Here are four great reasons why you should consider hiring a lawyer if you’re faced with traffic charges:
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1.  A lawyer knows how to get you out of it.
 
Lawyers are trained to find loopholes.  Unlike the average person, a lawyer will know where to look for the tiniest error in your traffic violation.  They know the laws and they understand the technicalities.  If a mistake has been made, your legal counsel will be all over it.  And that could mean getting out of your ticket altogether.
 
2.  A lawyer knows how to get your ticket reduced.
 
Lawyers are trained in the art of negotiation.  If they can’t get you out of it, they will likely be able to reduce the charges and reduce the fine you’re required to pay.  This could mean you would have few or no points against your driving record, which keeps your insurance payments low.
 
3.  You’ll look better in front of the judge.
 
Hiring a lawyer will show the judge that you’re invested in your case, and that could sway the judge to grant you a more favorable outcome.  Having legal counsel by your side indicates that you are willing to go the extra mile to prove your innocence, or at the very least, your good intentions.  Also, your lawyer will have a good sense of the judge’s personality and rulings because they’ve appeared in front of them many times in the courtroom.  That means your lawyer has an established dynamic with the judge that will work to your advantage.
 
4.  It probably costs less than you think.
 
Most traffic lawyers, like us, have reasonable rates.  And we offer the extra advantage of a free consultation.  It doesn’t cost you a dime to call us and see what your options are, and getting your ticket reduced or removed from your record is usually well worth it.

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.