Roanoke Virginia Criminal Defense Law Blog

When people decide to drink and drive, they are instantly endangering the lives of everyone around them. Unfortunately, while many victims of Virginia DUI accidents suffer immense loss, perpetrators are also left to suffer from the devasting outcome of their poor choice. 

An example that illustrates this point is described in a tragic accident that happened in Colorado when a young mother crashed head-on into another vehicle while driving under the influence. The violent collision killed two occupants in the other vehicle including a father and his teenage son. The deceased man's wife and his daughter were also in the vehicle and sustained severe injuries. In an emotional case, supporters of the woman accused of causing the accident reminded the judge of how a prison sentence would mean she would be absent in the life of her young son. 

Residents in Virginia facing accusations of committing a traffic violation have likely heard of the demerit system before. Robert F. Rider, PLC, is here to help you understand exactly what you're up against when looking at this system.

Virginia uses a system of demerit points for moving traffic violations. In other words, only violations that take place when your car is being used and in motion apply. These points are assigned based on the severity of the violation at hand and can range from three points up to six. For example, exceeding the speed limit by over 20 miles or having a DUI will result in a 6 point demerit.

You're probably familiar with the many penalties associated with a DUI conviction. From loss of license to prison time to a large fine, there are many consequences that you don't want to deal with. For this reason, the best thing you can do is avoid drinking and driving in the first place.

If you find yourself pulled over for suspicion of DUI, it's important that you take a few key steps. The following will work in your favor:

• Pull over immediately: If you see police lights behind you, immediately move to the side of the road. You don't want to give the officer any reason to believe you're trying to flee the scene. Also, stay in your car once it comes to a stop. Getting out will only complicate the situation.
• Remain respectful at all times: This is easier said than done, but becoming upset or talking back will only make things worse. Remain respectful and polite, especially if you are under the influence and hoping to get away without an arrest.
• Remain silent: This doesn't mean you shouldn't say anything, but, thanks to the 5th Amendment, you have the right to remain silent to ensure that you don't say anything that will incriminate you.
• Comply with questions: It's okay to answer basic questions, such as, "Do you know why I pulled you over?" What you want to avoid is saying something that will lead to more harm than good, such as where you are coming from, who you were with or how many drinks you've consumed.
• Stay calm during your arrest: As unfortunate as it may be, you could find yourself under arrest at some point. If this happens, you should once again strive to remain calm. If you fight back, it could lead to additional charges that will complicate your case. You'll have time to defend yourself in court, so there's no reason to talk back or fight back at the time of your arrest.

Residents in Virginia might not always stop to think that a traffic violation could be a criminal offense but that is definitely the case in many situations. A drunk driving conviction is one example of an offense that has both administrative and criminal consequences. 

Activities involving counterfeit drivers' licenses may also be deemed as criminal actions and prosecuted as such. As explained by the Virginia Department of Motor Vehicles, a person who is found driving with a fake license may be charged with a Class 2 misdemeanor. Interestingly, a person who is found to simply have an alleged fake driver's license in their possession may be charged with a Class 1 misdemeanor, an offense more serious than a Class 2 misdemeanor.