News articles relating to traffic law, and legal cases.

Traffic Ticket

I Was Arrested For A DUI In Richmond, What Should I Do?

If you are suddenly arrested for a DUI in Richmond, Virginia, you need an accomplished defense attorney. The effects of the arrest will be with you for a short time or the rest of your life. You need a reputable attorney, who has years of experience and a proven record of successfully defending clients against DUI charges.

Out of state drivers may be shocked by the severity of their offense. Every day hundreds of men and women go to jail, get permanent criminal records, and lose their jobs because they drove while they were intoxicated. A DUI is a serious criminal offense in Richmond, Virginia.

The Richmond, Virginia, Department of Motor Vehicles (DMV) imposes a $250 fine and a one-year suspension of your driver’s license for your first drunk driving charge. A second-offense DUI charge results in a mandatory payment of a $500 fine, a three-year suspension of your driver’s license, and up to one year in prison.

The Richmond, Virginia, DMV notifies the Central Criminal Records Exchange of your criminal charge when you are arrested for driving drunk. Your conviction can result in a separate criminal record, not just the loss of your driver’s license.

Your conviction and penalty depend on your blood alcohol content. You could face a $2500 fine and serve mandatory jail time on a first DUI arrest, even if you have no previous incidents of drunk driving. Your trial date is at most 60 days away. You need to contact an experienced criminal defense attorney in Richmond.

Your attorney will advise you of your rights and tell you how to take appropriate steps to avoid permanently losing your driving privileges. The DMV’s Drinking and Driving web page displays the penalties for driving while intoxicated, but only your attorney can advise you and help you through the legal process. If you injured yourself or anyone while intoxicated, your needs are even more complex.

Contact Bernstein Hough, P.C. today if you have been arrested for a DUI in the Richmond area. He is an advocate, who will defend you against reckless driving, DUI, or related criminal charges. Our law firm has a proven record of successful negotiations, or representation, of clients on DUI charges and related criminal matters.

Do I need an attorney for a reckless driving charge in Richmond, VA?

If you were charged with reckless driving in Virginia, you really need to be represented by an attorney. In many cases, complete defenses are available. In other cases, mitigating facts might operate to reduce the charge to something more palatable.

What is reckless driving?

Pursuant to Virginia Code 46.2-862, you can be found guilty of reckless driving if you drive a vehicle on a Virginia highway at 20 miles or more per hour over the posted speed limit or at a speed over 80 miles per hour, notwithstanding the speed limit. According to Virginia Code 46.2-852, if the officer that stops you subjectively believes that you drove and endangered life, limb or property, you can also be charged with reckless driving regardless of any posted speed limits.

Class 1 misdemeanor

Reckless driving is a criminal offense in Virginia. It’s a Class 1 misdemeanor, and punishable by 364 days in jail and a fine not to exceed more than $2,500 plus court costs and a possible license suspension for six months. That conviction stays on your driving record for 11 years. It affects your insurance significantly. Add up the fine and court costs plus the insurance increase, and you’ll realize just how expensive a reckless driving conviction in Virginia is. Don’t forget the six points against your license either.

Do I need an attorney?

You’re charged with a jailable offense, so you’ll want an attorney with you each step of the way on a reckless driving charge. Just the insurance consequences alone should be a good cause to be represented. A conviction on the charge carries a permanent criminal record. That can result in loss of job opportunities or a job itself. It can also impede security clearances that are so important in this geographical location.

There are too many consequences to risk on a reckless driving charge. Contact Bernstein Hough, P.C. on any reckless driving, DUI or criminal charge. You’ll be treated professionally and with respect. He’s been instrumental in the reduction or dismissal of countless criminal and traffic charges. His office defends your rights and your future. Protect yourself with Bernstein Hough, P.C.

State program seeks to ease traffic on I-95 I-64 and I-295 in Richmond

RICHMOND, Va. (WTVR) – A program that helps clear accidents and keep traffic flowing in Hampton Roads and Northern Virginia is expanding to the Richmond area.

Virginia Governor Bob McDonnell announced Tuesday the Virginia Department of Transportation (VDOT) Safety Service Patrol will arrive in Richmond this March.

“The primary purpose for the Safety Service Patrol is to keep interstate traffic moving,” Governor McDonnell said in a press release. “These patrollers are trained and equipped to not only assist emergency responders with traffic control, but also motorists in distress. This is a highly cost-effective way to improve safety and reduce congestion.”

The state decided the patrol will monitor three Central Virginia routes:

  • I-95 between Maury Street in Richmond and Route 606/Thornburg in Spotsylvania County
  • I-64 between I-95 in Richmond and Route 623/Rockville in Goochland County
  • I-295 in Henrico between the I-95 interchange and the I-64 interchange east of Richmond

The state said those routes were chosen based on traffic volume, accidents and input from Virginia State Police.

According to the press release, VDOT safety service patrollers will monitor the three routes Monday thru Friday from 5 a.m. to 9 p.m., detecting incidents and helping Virginia State Police.

Safety service patrollers will also help stranded drivers jump start vehicles and change flat tires, the release indicated.

The program costs $2 million a year, according to the governor’s office. It added VDOT research showed the savings generated by the Hampton Roads Safety Service Patrol were nearly five times the cost of the service.

“The savings in terms of traffic delays and fuel consumption far outweigh the cost to run the program,” VDOT Commissioner Greg Whirley said in a statement released to the media.,0,5616560.story

Virginia Drivers Wrongfully Charged With Not Providing Proof Of Insurance

RICHMOND, VA (WTVR)-  A new report by Insurance Journal says Virginians are being convicted for not providing proof of insurance when pulled over by police. However, there’s no law in the state requiring drivers to do so.

According to the Department of Motor Vehicle spokesperson, Katy Lloyd, drivers are only required to have insurance, but, aren’t required to provide proof.  Still, the report indicates many drivers are ticketed in Richmond, Colonial Heights and Dinwiddie County.

CBS 6 Legal Analyst, Todd Stone says this is a perfect example of misinterpreting the law. Stone goes on to say if you are one of the many Virginians ticketed and fined for not providing proof of insurance when stopped by police, contact a lawyer because you may have a case.,0,7558609.story

Speed Limit Increases in Virginia

Virginia will increase speed limits to 70 mph on 680 miles of interstates by the end of the year.

Gov. Robert F. McDonnell announced the change Wednesday. It will affect interstates located in areas that are rural or less populated. It includes segments of Interstate 66, from Faquier County to Interstate 81 and Interstate 95 from south of Fredricksburg to Ashland and from Prince George County to the North Carolina border.

The Virginia Department of Transportation outlined the plan at a meeting of the Commonwealth Transportation Board on Wednesday.

State officials said in a statement that the change should help shortern commute times and allow traffic “to move at a more consistent speed.”

VDOT considered raising the limit on 786 of the commonwealth’s 1,119 interstate miles, reviewing historical data and patterns and consulting with Virginia State Police, officials said. But engineers determined that the speed limit should remain at 65 mph on 189 miles of interstate because they were located in urban areas, had high crash histories or were located in one of the commonwealth’s highway safety corridors.

The changes will be phased in, with the work scheduled to be finished by the end of the year and including guardrail upgrades and the addition of extra signage.

The plan includes most of Interstate 81 and sections of Interstates 64, 66, 77, 85 and 95.

A law passed earlier this year by the General Assembly gives VDOT the authority to raise the speed limit on interstates and other limited-access highways.

A 27-mile stretch of Interstate 295 near Richmond was the first section of Virginia interstate where the speed limit was raised to 70 mph this summer.

The law also reduced to just 11 mph the margin between the legal speed limit and a reckless driving citation with a mandatory court appearance, prohibitive fines and possible jail time. Virginia law defines any driver going 81 mph or more as reckless. Originally posted:

Traffic Cameras Take a Hit

Regardless of who you voted for, November 2nd represented a major win for everyone who opposes the use of red light cameras. In a handful of pockets across the nation, voters decided they were sick of the automated machines and by voting against the use of these devices, sent a message to law enforcement, as well as the companies that manufacture red light cameras.

These cameras come under constant fire because they are seen as a nothing more than a revenue-generating device with a main goal of raising money rather than actually enforcing the law. Many feel that red light cameras even represent a violation of our constitutional rights. On election day, cities and districts across the nation decided to ban the use of these cameras, adding to a growing list of towns that have already voted to do so.

The outcome of the voting is a major blow for American Traffic Solutions, the company that manufacturers a large number of the cameras. ATS tried hard to block these measures from even appearing on the ballot, but it was denied. The company was then forced to spend millions of dollars to attempt to sway the public to vote in favor of the cameras, to no avail.

In Houston, Texas, which happens to be one of American Traffic Solutions most important accounts, a campaign was run against the camera company by brothers Paul and Randy Kubosh. ATS reportedly spent over $1.7 million, yet the Kubosh brothers, through their Citizens Against Red Light Cameras organization, only spent about one tenth of that. ATS still lost the fight in Houston. Following Houston’s lead, red light cameras are now banned in Mukilteo, Washington; Anaheim, California; and Baytown, Texas. If you have been cited with a reckless driving traffic ticket in Richmond, VA give our Richmond Traffic Law Firm a call today to protect your rights.

Originally posted at: