Criminal Defense

If you are charged with a criminal or traffic offense, you may be facing a jail sentence, fines, loss of your license to drive or other privileges. Fortunately, you have rights. But you cannot use them to your advantage without understanding your rights.  That is why so many people choose to retain a lawyer.  Whether your case is a traffic case or any other criminal matter, an attorney with experience and commitment to your needs is best. 

At the Geno Law Firm, our legal team wants to put its experience and drive to work for you. We routinely handle defense of DWI cases, Reckless Driving Cases, Driving on Suspended or Revoked License Cases, Hit and Run Cases, Criminal Misdemeanors; Felonies; other traffic infractions; juvenile and domestic violence cases, and consultation regarding consequences of criminal offenses on immigration cases. 

For your information, helpful facts about some of the more common criminal/traffic infractions are provided below. Scroll down or click on the link for DWI, Reckless Driving, Driving on Suspended or Revoked License, Hit and Run. More specific information can be obtained by contacting the Geno Law Firm.

FACTS ABOUT DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL

Driving a motor vehicle while intoxicated (DWI) is defined in the Code of Virginia at 18.2-266.

Essentially, a person should not drive (i) with a blood alcohol concentration of 0.08 percent; and/or (ii) while under the influence of alcohol; and/or (iii) while under the influence of any narcotic drug, to a degree which impairs his ability to drive safely.

If convicted of DWI, the law provides for one of the following sentences:  First offense -Jail for up to but not more than twelve months and/or a fine of no more than $2500. If the blood alcohol concentration is 0.20 or more, a minimum of 5 days in jail will be imposed and if the blood alcohol concentration is 0.25 or more, 10 days in jail will be imposed. If the Second offense is committed within less than five years after the first offense - it is punishable by a fine from $200 to $2500, and confinement in jail from 1 month to one year (of that 30 days, 48 hours cannot be suspended by the Court). If the Second offense is committed within a period of five to ten years of a first offense - it is punishable by $200 to $2,500 and  confinement in jail from one month to one year. If the second offense is committed within ten years of a first offense with a blood alcohol concentration of .20 to .25 - an additional, mandatory sentence of ten days in jail will be imposed.  If the second offense is committed within ten years of a first offense with a blood alcohol concentration of more than .25 - an additional, mandatory sentence of twenty days in jail will be imposed. If  your DWI is a third offense within a ten year period, it is a class 6 felony which carries a prison term of one to five years. If your DWI is a Fourth within 10 years the sentence will include a mandatory, minimum of one year in jail, which cannot be suspended.

Suspension and Restriction of Your License. For a first offense of DWI, you will also lose your license for 1 year but may receive some restricted driving privileges. For your second offense of DWI, you will lose your license for 3 years. This suspension cannot be waived or reduced by the court.  However if you qualify and you are otherwise permitted by the court, you may receive a restricted license to drive to and from work, to and from school, to and from medical appointments and to and from classes sponsored by the Virginia Alcohol Safety Action Program.

Other considerations which may effect you:  First-Your conviction may trigger the imposition of suspended penalties which were imposed as part of a prior case; Second-Your auto insurance rates may increase or your policy may be canceled.  Third- You must consent to a breath test (in most cases at the police station) or face additional criminal charges.

You may have Defenses or Considerations to Win or Limit the Adverse Effects of these Charges:  If the State intends to prove that you were driving while intoxicated based upon a breath test, the test must have been conducted within two hours of the arrest.  The test is supposed to indicate your level of intoxication at the time you were driving, not at the time you took the test.  If the State intends to prove that you were driving under the influence based upon your “bad” driving or personal behavior and condition, the behavior must be sufficient that a reasonable person would agree that your driving behavior was sufficiently “bad” to warrant an arrest.  Many defenses arise in a closer evaluation of these issues.

This is not intended to be comprehensive and portions of the applicable law have been deleted for simplicity and possession of this Fact Sheet does not create an attorney client relationship. Last Edited: March 29, 2001

FACTS ABOUT DRIVING WHILE YOUR LICENSE IS  SUSPENDED OR REVOKED

Driving on a suspended or revoked license (DOS) occurs when any person whose privilege to drive a vehicle has been suspended or revoked after being directed not to drive by a court, DMV or by operation of law, drives anyway.  Code of Virginia 46.2-301.

If convicted of DOS, you will be punished as follows: 

The First or Second Offense of DOS is considered a Class 1 misdemeanor punishable by confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. 

The Third or Subsequent Offense of DOS is considered a Class 1 misdemeanor punishable by a minimum, mandatory term of confinement in jail of ten days which shall not be suspended in whole or part.

Whether a first or subsequent conviction, your privilege to drive will be suspended for a period of time equal to the prior suspension period, to begin at the expiration of the prior suspension period.  If the suspension period was for an indefinite period of time, your license will be suspended an additional ninety days.  For this new period of suspension, you will not be able to receive a restricted license to travel to and from work, school or medical appointments.

Other considerations about DOS which may effect you:  First-Your conviction may trigger the imposition of suspended penalties which were imposed as part of a prior case; Second-Your conviction may become a conviction used by the State of Virginia to determine your sentence in future cases; Third Your conviction may cause DMV demerit points to be imposed, which could trigger an administratively imposed period of suspension; Fourth-your auto insurance rates may increase or your policy may be canceled.

You may have Defenses or Considerations to Win or Limit the Adverse Effects of the charge of DOS:  You must have received notice of your suspension/revocation before you can be convicted; The operation of a vehicle must have been on a public highway; Law enforcement must have a reasonable articulable suspicion that a violation of law has occurred before making the traffic stop; Law enforcement must have a reasonable basis for asserting a violation of DOS before making an arrest for DOS; If you drove on a suspended license after having notice but it was an innocent mistake, you may receive leniency from the court; If your driving record is clean you may receive leniency from the court; Your family circumstances may permit you to receive leniency from the court; If your car was impounded, you may be able to have it released if its impoundment imposes a hardship upon your family; You have a right to be represented by an attorney.

FACTS ABOUT RECKLESS DRIVING

You may be convicted of Reckless Driving if you drove your vehicle in one or more of the following ways:

You drove on the highway recklessly or at a speed which endangered the life, limb or property of any person;

You drove when not under proper control of your vehicle;

You passed another car traveling in the same direction while traveling up a hill, while approaching a curve, or when your view was obstructed unless a designated lane was used;

You drove when your view was obstructed or your control was impaired;

You drove two abreast on a single lane highway;

You passed another vehicle while at a railroad crossing;

You passed a stopped school bus while that bus was on its bus route;

You failed to give a proper signal before passing;

You drove too fast for highway traffic and/or conditions;

You were speeding 50 mph in a 30 mph zone, 60 mph in a 35 mph zone, 60 mph in a 40 mph or higher zone, or over 80 mph regardless of the posted speed limit [In certain counties, if you drive over 80 miles per hour, your license will be suspended and if you drive over 90 you will be incarcerated].

You failed to yield the right of way when required to do so.

If convicted of reckless driving, the maximum punishment is twelve months and/or $2500 fine.  If convicted, your drivers license may be suspended although you may receive a restricted driver’s license for work, school and medical purposes.  If convicted of reckless driving, you may receive six demerit points on your driving record.