Archives for the ‘Blog Entries.Local’ Category

How a Reckless Driving Charge on Your Record Can Affect Your Future

Author: From https://www.andrewflusche.com • Sep 9th, 2022
   Category: Blog Entries.Local

how reckless driving ticket on your record affects your futureHaving a driver’s license is essential to living our daily lives.

Almost everything we do revolves around our ability to get around efficiently. However, we are so accustomed to driving that we can forget that driving is a privilege and not a right. 

A reckless driving charge can severely impact your life. A reckless driving offense is more than just a ticket: it is a criminal offense.

As Virginia reckless driving defense attorneys, we fight to protect you from the harsh consequences of a reckless driving conviction. 

What Is Reckless Driving in Virginia?

Reckless driving entails driving in a manner or at a speed that endangers the life, limbs, or property of another.

That’s the general rule. Virginia’s reckless driving laws define other behavior as reckless driving as well. 

Some instances of reckless driving include:

  • Driving a car while not in control or with faulty brakes,
  • Passing at the top of a hill or on a curve,
  • Driving while having an obstructed view of the road,
  • Failing to signal,
  • Passing a stopped school bus,
  • Racing,
  • Failing to yield, and
  • Driving too fast for the road conditions.

Even speeding may be considered reckless driving if you are going over 85 mph—or if you are traveling at 20 miles per hour over the speed limit.

Negative Consequences of a Reckless Driving Charge

Incarceration

Losing your freedom is the most serious consequence of a reckless driving charge. Reckless driving is a Class 1 misdemeanor in Virginia.

The maximum penalty is confinement to the county jail for no longer than 12 months. There is a fine of up to $2,500, with a minimum required fine of $250 if you used a cell phone while driving recklessly.

Demerit Points on Your License

There are other consequences of reckless driving as well. A conviction adds points to your driving record.

The Virginia Department of Motor Vehicles (DMV) keeps track of traffic violations and assigns demerit points to each offense. Demerit points can add up quickly.

You should note that the DMV’s demerit point system is different from your insurance company’s point system.

Regardless, each traffic offense, especially one as severe as a reckless driving charge, can hurt you and your family in the long run. 

Reckless driving is a six-point offense, according to the DMV. Other serious traffic crimes like DUI and leaving the scene of a crash are also six-point offenses. That tells you how seriously the DMV treats reckless driving. 

Virginia’s DMV keeps track of the points assessed against you and has the authority to sanction you for poor driving.

The DMV uses a graduated punishment system. If you are 18 or older and accumulate 8 demerit points in 12 months or 12 points in 24 months, you have to attend a driver improvement course. You have 90 days to complete the course successfully. 

The punishments increase as you accumulate more points. Acquiring 18 demerit points in 12 months or 24 points in 24 months leads to a 90-day license suspension.

You have to complete the driver improvement clinic successfully, and the DMV will put you on driving probation for six months. 

How Long Do Reckless Driving Offenses Stay on Your Record?

A reckless driving conviction stays on your driving record for 11 years. It goes away after that. In fact, the Virginia DMV will let you earn good points for every year you do not have a moving violation.

Lowering the number of points on your driving record could benefit you significantly. For instance, your prospective employer will look at your driving history if you apply for a job that requires driving.

Earning safe points could help you obtain the job you’re looking for by reducing or eliminating demerit points from your driving history.

Your criminal history is different. Criminal charges don’t go away after a set amount of time passes. A reckless driving conviction will remain on your record permanently.

Having a criminal record has profound implications. It could affect your current or future employment. A potential employer who checks your criminal record will see a reckless driving conviction.

Additionally, if you are ever charged with a crime again, having a previous criminal record usually increases the severity of your penalty.

Judges rarely cut breaks to people who have previous criminal convictions and are now looking at another. 

Get the Help You Need: Call Today

As you can see, there is more at stake than just paying a traffic ticket. What can you do to keep this criminal charge off of your record?

If you’ve been charged with reckless driving, Virginia defense Attorney Andrew Flusche can help.

My partner, Ryan Fitzgerald, and I are seasoned defense attorneys, and we dedicate my practice to representing people charged with driving offenses, misdemeanors, and more serious felonies.

Focusing on only those areas helps us focus my skills in one area and better learn how to fix people’s problems.

We work hard in court every day to get our clients out of trouble while helping them to keep their driving privileges intact. 

If you want to know more, call Andrew Flusche, Attorney at Law, PLC, at 540-642-1667. My staff will gladly schedule an appointment when it’s convenient for you and fits your busy schedule. 

The post How a Reckless Driving Charge on Your Record Can Affect Your Future appeared first on Andrew Flusche.



How Long Does a Reckless Driving Ticket Affect Insurance in Virginia?

Author: From https://www.andrewflusche.com • Sep 7th, 2022
   Category: Blog Entries.Local

how long will a reckless driving ticket affect insuranceGetting a reckless driving ticket in Virginia sets in motion a series of events that could severely impact your life.

As with any criminal offense, you face possible jail time, hefty fines, and other criminal sanctions. Other consequences may apply as well.

For instance, you could lose your driver’s license after a reckless driving ticket conviction, and your auto insurance rates might go through the roof. 

How do you avoid these negative consequences of a reckless driving charge in Virginia?

You give yourself the best chance to reduce the negative impact by contacting a Virginia reckless driving defense attorney. And not just any attorney will do.

You need someone who has extensive experience fighting reckless driving charges in Virginia. In other words, you need someone like me, Attorney Andrew Flusche.

I have the experience you need, and I will do what I can to get your case dismissed or get your charges reduced. 

What Impact Can A Reckless Driving Conviction Have on My Life?

Reckless driving is a criminal offense that covers a wide range of dangerous driving behaviors. It is not simply a traffic citation where you just pay a fine and walk away.

Instead, you must appear in court and answer to criminal reckless driving charges. 

Reckless driving is a Class 1 misdemeanor that carries penalties of up to one year in jail and a $2,500 fine. 

The Virginia Department of Motor Vehicles (DMV) will assess penalties for a reckless driving conviction on top of the penalties assessed by a judge.

Whether the DMV suspends your license depends on your driving history and other factors. One of those factors is the number of demerit points you have.

You will lose your license for at least 90 days if you have too many demerit points on your driving record. 

How Does the DMV Demerit System Work?

The DMV assesses six demerit points against you for a reckless driving conviction. Six points are the most the DMV can tack on to your driving record for a single offense.

Other six-point offenses include driving under the influence and leaving the scene of an accident.

The DMV’s demerit point system is Virginia’s method for tracking unsafe drivers. Most points stay on your driving history for two years.

However, a reckless driving conviction stays on your driving record for 11 years, then comes off automatically. 

Escalating Sanction System

Virginia’s DMV uses an escalating sanction system. Accordingly, you will receive a harsher punishment from the DMV if you accumulate a certain number of points within a specified timeframe.

Advisory Letter

The DMV will send you an advisory letter if you accumulate 8 points in 12 months or 12 points in 24 months. The letter cautions you about the legal implications of getting additional points.

The next level of punishment is driving school. The DMV will order you to complete a driver improvement clinic within 90 days if you get 12 demerit points in 12 months or 18 points in 24 months.

The DMV can suspend your license if you do not complete the driving clinic within 90 days.

Next Level: Driver’s License Suspension

Suspension is the next sanction. Accumulating 18 points in 12 months or 24 points in 24 months requires the DMV to suspend your license for 90 days.

You must complete the driver’s improvement clinic and pay all fees to reinstate your license.

A word of caution about the driver improvement clinic: on the one hand, you will not receive full credit if you do not meet the minimum requirements to pass the class.

On the other hand, you can obtain good credits from the DMV if you take a driver’s improvement course.

The DMV will put you on driver’s probation for six months after reinstating your license. You can lose your license again if you receive a traffic ticket during your probationary period.

You should realize that traffic tickets you get while in another state count on your Virginia driving record.

How Much Does a Reckless Driving Ticket Raise Your Insurance?

Now that we have looked at the demerit point system in Virginia, we can discuss demerit points and insurance costs.

Your auto insurer may or may not assign you demerit points. The DMV’s demerit system is independent of any insurance point system used in Virginia. 

Practically speaking, you could see an increase in your insurance premium if you have a conviction for reckless driving.

Accidents involving reckless driving will also increase your premium, provided that the total amount of damage exceeds a certain amount. 

Other factors can increase your auto insurance rates. Multiple incidents, the length of time between incidents, your age, and your history of good (or bad) driving may also influence your rates.

How Can You Avoid the Harsh Consequences of a Reckless Driving Conviction?

Your daily life probably depends on your ability to drive. Even if you’ve never had a criminal charge before, a conviction for reckless driving can blow a mistake out of proportion. Don’t let that happen to you.

I am Attorney Andrew Flusche, and I will fight for you. I’ll start your case by trying to get your charges thrown out or get them reduced to a minor traffic offense.

I use my experience and knowledge to your benefit. Call Andrew Flusche, Attorney at Law, PLC, today at 540-318-5824 to learn more about your reckless driving defense.

The post How Long Does a Reckless Driving Ticket Affect Insurance in Virginia? appeared first on Andrew Flusche.



Partner Ryan Fitzgerald Featured on WTOP

Author: From https://www.andrewflusche.com • Sep 5th, 2022
   Category: Blog Entries.Local

pic Ryan "Fitz" FitzgeraldWe’re excited to have Ryan Fitzgerald (everyone calls him “Fitz”) join our team to fight for YOU. Fitz has spent his career as a top notch prosecutor in Fairfax and Stafford Counties, known among colleagues as “the DUI guy.”

Now, he’s YOUR DUI guy. Fitz came to the defense side of the justice system to help regular people get through challenging problems.

You can read more about Fitz on his profile page.

Fitz was recently featured on WTOP regarding the quest for justice.

 

The post Partner Ryan Fitzgerald Featured on WTOP appeared first on Andrew Flusche.



What was the book for you

Author: From https://odonnellweb.com/pelican/ • Aug 29th, 2022
   Category: Blog Entries.Local

I'm going to try something new here and use the books I read as a writing prompt. So this is not a book review. In The Yellow Lighted Bookshop, a memoir of a book-seller and an ode to bookstores in general, the author talks about how reading Steinbeck at age 14 was the spark that ignited his lifelong love of reading.

That got we thinking about what that spark was for me. The short answer is, I have no idea. I enjoyed reading at a very early age. Some of my earliest memories are of books such as Christopher's Parade, Joe Q McClutch, and a book about a zebra titled Alexander. Those were all books I read over and over before I even attended kindergarten. As I got into school, Danny and the Homework Machine, Encyclopedia Brown, the Hardy Boys series, and anything about baseball kept my nose in a book constantly. As I got into high school it was The Hobbit, Lord of the Rings, and countless other sci-fi and fantasy series. I read a lot of Piers Anthony in high school.

But there is not one book that I can pick out as the "the" book.

What about you? What was "the book" for you? Hit that comment via email link below and let me know.



A Four Brewery Day

Author: From https://odonnellweb.com/pelican/ • Aug 27th, 2022
   Category: Blog Entries.Local

Trips: 29
Nights: 92

Last Spring we were visiting friends in Raleigh NC and they asked if we had been to Rocky Mount Mills. It's a reclaimed cotton mill on the banks of the river that now houses a variety of restaurants and breweries, event spaces, offices, and loft apartments, including a start up incubator for breweries.

They had me at start up incubator for breweries.

So plans were made and we met those same friends at Rocky Mount Mills yesterday. We pulled the camper and stayed at a KOA just outside of town. At a little over 2 hours from the north side of Richmond it's a feasible day trip, if you have a designated driver.

Rocky Mount Mills

Rocky Mount Mills

We started right around noon with lunch at TBC Taproom and Tacos. Clearly, whoever thought to combine a brewery with a taco shop is a genius. The tacos were fabulous, and the 3.7% light lager I had came with a surprising amount of character for such a light beer.

Then we moved on to Spaceway Brewery, which seems to be very much one of those start up breweries. They were having some operational issues with the kegs, but when they finally managed to pour my Honey Saison is was a very well crafted beer. Spaceway appears to be an African-American owned and run brewery, and if there is any industry that needs a shot of diversity it is brewing, so I'm rooting for them.

Third was Koi Pond Brewing, which was also having some operational issues in that they have no brewer at the moment so it was all guest taps. I had the Mocha Brown Ale from D9 Brewing. It's a brown ale, but really tasted and felt more like a mocha milk stout. It was good, just not what I was expecting when ordering a brown ale.

Rounding out the day was an Open Doors Hazy IPA from Hopfly brewing. Hopfly was the most established brewery there as they also have a location in Charlotte. The IPA was a solid representative of the style.

Rocky Mount Mills is quite nice. There are two other breweries we didn't get to. There is not a lot else happening in Rocky Mount though. It seems to be the classic southern manufacturing town that is still struggling to draw business and people with the factories all gone. The #4 attraction on Trip Advisor is the flea market. We stopped by, and it is not a particular impressive flea market. That said, the housing prices are really low and you can still buy a nice single family home for under $250K, so it's got that going for it.

That is pretty much it for the trip. We got to the KOA around 7:30 PM Friday night. It was oppressively hot and muggy but we still did the campfire and chill thing, but sat a good 20 feet from the fire. After day drinking on Saturday we stopped at Freddie's Steakburgers and Custard. I should probably call it a Steak and Shake clone, but the burgers and fries were so perfectly executed I'm going to call it a homage instead. The custard was fine, but it is no Carl's. A rather severe afternoon storm rolled through and pretty much flooded the campground. Our fire ring was holding 3 inches of water, so no campfire for us on Saturday night. It was games night instead. Sunday we got up, packed up, and were home by noon.

Campsite after the Saturday deluge

Rocky Mount Mills

Tiny Home Village - they rent for $179/night

Rocky Mount Mills

Campground cat the decided he(she?) liked us.

Rocky Mount Mills



Driving Too Fast for Traffic Conditions in Virginia

Author: From https://www.andrewflusche.com • Aug 25th, 2022
   Category: Blog Entries.Local

driving too fast for traffic conditions vaRain, snow, and even road construction can drastically change road conditions on Virginia highways and streets.

Drivers need to understand that safety depends upon both the posted speed limit and the best speed for the road conditions at the time.

If a driver decides to zoom down the Beltway at the posted speed limit during a blizzard, they may be driving too fast for conditions on the road at the time.

If you are pulled over for driving too fast for conditions on Virginia roads, speak with a traffic ticket attorney right away.

Andrew Flusche, Attorney at Law, can help. I offer free consultations to help you understand your rights and protect your driving record.

Driving Under the Speed Limit Can Still Be Illegal in VA

If conditions on the roads are bad, an officer can consider driving at or under the speed limit to be reckless driving. Virginia police officers and highway patrol know that drivers need to pay attention to weather conditions and alter their driving accordingly.

Law enforcement has a great deal of experience identifying drivers who are driving too fast for road conditions.

What Does Driving Too Fast for Road Conditions in VA Mean?

The State of Virginia considers exceeding the reasonable speed for road conditions, regardless of the posted speed limit, to be reckless driving. Again, driving too fast for conditions is fact specific.

If you are charged with driving too fast for conditions, it is important to consult with a reckless driving attorney.

Andrew Flusche, Attorney at Law, and his legal team are here to help you maintain your driving privileges and save you money in the process.

What Are the Penalties for Driving Too Fast For Road Conditions in Virginia?

Driving too fast for road conditions means you can be charged for reckless driving. If you violate other traffic laws as well, such as following too closely or passing someone illegally, you could even be charged with aggressive driving.

These charges can be divided into penalties for misdemeanors or felonies—depending on how the State charged you.

Misdemeanor Penalties

If you are caught driving recklessly or aggressively in snow, ice, or through road construction zones, you can be punished.

Penalties can include jail, fines, license suspension, license demerit points, and even enrollment in the Virginia Alcohol Safety Action Program (ASAP) if the court determines that alcohol was a factor. 

For misdemeanor charges of driving too fast for road conditions in Virginia, you can face jail time of up to 12 months. You can also be punished with a fine of up to $2,500, and you will need to pay court costs.

The court may also order you into an aggressive driving diversion program, depending on the nature of your charges.

Additionally, anyone convicted of driving too fast for road conditions can face losing their driver’s license for up to six months.

You can also have your license restricted, which would permit you to drive to only specific locations like work or school during certain hours of the day.

Regardless of how fast you were going, if you’re convicted of driving too fast for road conditions, you will automatically receive six points on your license.

This conviction will also stay on your driving record for 11 years! And since driving too fast in poor road conditions is a criminal charge, this will go on your criminal record.

Don’t suffer major penalties for a minor mistake. Contact a Virginia traffic ticket lawyer as soon as possible after your citation, so we can help you navigate this process. 

Felony Penalties

Virginia drivers need to know that citations for driving too fast for road conditions can sometimes be felony charges.

While most aggressive or reckless driving charges are considered misdemeanors, there are circumstances where driving too fast for road conditions can be a felony.

For instance, if a driver is driving too fast for road conditions without a valid driver’s license, and they cause the death of another person, they will be charged with a Class 6 felony.

Felony reckless driving carries a variety of penalties depending upon the severity of the crime but includes a fine of at least $2,500 and license suspension or revocation for one year. 

If you are concerned you may be facing felony charges for driving too fast for road conditions, contact the law offices of Andrew Flusche, Attorney at law, today.

We’ve helped thousands of people protect themselves and their freedom. 

How an Experienced Reckless Driving Lawyer Can Help

In some counties in Virginia, a traffic ticket lawyer can appear in court on your behalf, sparing you the hassle and potential embarrassment of having to go to court yourself. A lawyer can also help you handle the process from the start.

In Virginia, defendants do not get a chance to expunge criminal convictions from their records. You only get one shot at handling your case correctly.

Having a great lawyer by your side can mean the difference between high fines and jail time or walking away unscathed. 

We Can Help!

My name is Andrew Flusche, and I am a reckless driving criminal defense lawyer in Virginia.

I limit my practice to representing individuals facing traffic charges—so I can say that I know the law in this area very well, and I am especially qualified to help you!

I have years of experience representing clients in similar situations. Through these years of experience, I have developed an in-depth knowledge of reckless driving charges—so much so that I have written a book on the subject.

When your freedom and driving privileges are in jeopardy, you want a reckless driving criminal defense attorney who has a tremendous amount of experience defending similar cases and securing favorable outcomes. I am that lawyer.

Contact my office today, so I can review your case.

The post Driving Too Fast for Traffic Conditions in Virginia appeared first on Andrew Flusche.



Virginia Beach 2022

Author: From https://odonnellweb.com/pelican/ • Aug 22nd, 2022
   Category: Blog Entries.Local

Trips: 28
Nights: 90

Our third year in a row beach camping at First Landing State park. This year it was combined with a mini high school reunion as a classmate lives at VA Beach and several other couples road tripped for the weekend. This will be a shorter update. What happens at the beach stays at the beach.

We got into town Thursday afternoon and after some afternoon beach time changed in something approaching "beach nice" for our anniversary dinner, one night early. Our actual anniversary was Friday, but we'd be hanging out with my high school friends Friday night, so we dined out for seafood in Thursday night at Hot Tuna, which is an unassuming locals pub with good food. We are not fancy restaurant people. I'll choose the local dive any day.

Not bad for 31 years together

Selfie with Michelle with beach in the background

Friday we started with a hike through the mangrove forest and then spent the first half of the day lounging surf side, meeting up with my friends in the afternoon where we hung out on the beach until the sun went down.

Mangrove Forest

sunset over Chesapeake Bay

The forecast for Saturday was bad. All day rainout bad. I woke up at 6 PM to rain pounding the camper. I looked at the weather app on my phone and saw the storm was mostly offshore, and that we were just catching the western edge that would pass by 9 AM. Sure enough, the all day rainout turned into 80F with breezy blue skies - the perfect beach day. And we spend that day on the beach.

Chesapeake Bay

Spend all day on the beach and party at night with friends. Repeat the next day. Pretty much the recipe for a perfect weekend.



Educated

Author: From https://odonnellweb.com/pelican/ • Aug 22nd, 2022
   Category: Blog Entries.Local

Tara grew up the 7th child of an rabidly christian nationalist Mormon family in rural Idaho. Not allowed to go to school or read any books that weren't the Bible or the Book of Mormon, she grows up with little knowledge of the real world. Her dad is a Y2K prepper who falls into a depression when he doesn't wake up on 1/1/2001 as the only person in town prepared for the apocalypse. Her mom defers to dad in all things, just as a good Mormon wife should. Books, doctors, public schools, clothes that show a little ankle, vaccinations, and just about anything else not directly supplied by him are works of the devil. Several family members suffer debilitating injuries from his carelessness in his construction and scrapyard business, but it's all God's will so 3rd degree burns, severe concussions, and dangerous pregnancies are treated at home. One brother is violently abusive but the parents refuse to acknowledge it or do anything to protect the kids or his eventual wife.

Somehow, Tara (and 2 of her brothers) manage to teach themselves enough while hiding in the basement to get into college, and all three end up with PhDs. Tara starts at BYU, where she first learns about the Holocaust. Yet she manages to graduate and ultimately ends up with her doctorate from Cambridge. Through it all, she continues to crave acceptance from her father, who is not going to give it to an ungodly woman showing a little shoulder and getting herself educated. The book ends with her acceptance of her estrangement from her family, with the exception of the two educated brothers.

This book hit a little close to home with the homeschooling angle. We, or course, were more of liberal hippie unschoolers, but we certainly knew people that trended this way. It is a bit of a testament to the power of self-directed learning that a kid that could only do basic math and who had never seen a science book at age 15 could get a 28 on the ACT two years later to get into BYU and the out from under dad's eye. Or maybe it's more of a testament to desperation. It is also a testament to the power of family in that she was about 28 before she finally stopped trying to fix her relationship with mom and dad and just let go to live her life. Finally, it's a testament to the power of story (hi JJ!) as she entire book is really the story of Tara struggling to gain power over her story.

It's a powerful, emotional book.



Return to Cave Mountain Lake Campground

Author: From https://odonnellweb.com/pelican/ • Aug 16th, 2022
   Category: Blog Entries.Local

Trips: 27
Nights: 87

This was our 2nd trip to Cave Mountain Lake Campground. It's managed by the National Forest Service. Large, private, level sites with no hookups, but there is a modern bathhouse with showers. No cell service either. We stayed in site 24 and I will definitely try to get that site again. We barely knew we had neighbors.

On arrival Friday evening we set up camp, had dinner, and went for a walk around the campground. The lake has a small sandy beach if you are so inclined. Then we relaxed around the campfire before going to bed. Kind of a perfect camping night.

Site 24 at Cave Mountain Lake Campground

Selfie with Michelle by campfire light

On Saturday I had a hike planned, Apple Orchard Falls. Google Maps said we could get there from the campground without going all the way to the Blue Ridge Pwky. Google lied. The trail head is a slow 4-mile downhill drive on Forest Service roads from an overlook on the Blue Ridge Pkwy. At mile 3 of that trip my brakes overheated and my brake pedal went all the way to the floor without doing a whole lot of braking. Luckily it was flattening out at that point and I was able to get us to the trail head in first gear. After the hike the brakes had cooled and were fine. I had my mechanic flush the brake fluid when we got home (it was probably past due anyway) and he reported the brakes were fine. After the hike we went over to Peaks of Otter Lodge where we set up our chairs at the lake under a tree and relaxed with books in the 70F sunny day. We eventually made our way back to campground and after dinner and an early campfire spent some time playing board games in the camper before retiring early. The hike was short but we both did have COVID at the end of July, so maybe that is why we were so tired.

Yellow wildflowers with mountains in background

Swashbucklers book on my knee with lake in background

Sharp top mountain

On Sunday we stopped in Staunton (pronounced Stan-ton for you non locals) and had lunch in the cute downtown area that they block off from traffic on the weekends. While eating local pizza an older guy commented on my Purdue hat and we ended up chatting for about 15 minutes. That kind of thing never happens in the big city. He retired to the area from Northern VA so I was asking a lot of questions as I was still holding out hope we might move to the mountains, but I think we've decided to just stay in Richmond. It's hard to beat 90 minutes to the beach and 90 minutes to the ocean.



Rules & FAQs for High Occupancy Vehicle (HOV) Lanes in Virginia

Author: From https://www.andrewflusche.com • Aug 11th, 2022
   Category: Blog Entries.Local

hov lanesIf you are a Virginia driver or frequently pass through the state, you may have noticed “HOV lanes” lining the sides of the major highways.

These lanes—designated for high occupancy vehicles only—always seem to allow traffic to move speedily along, while solo drivers tend to stand still in traffic.

Today we’ll discuss the importance of respecting the rules of HOV lanes and what could happen if you violate them. 

If you do find yourself in trouble for giving in to temptation and cruising in the HOV lanes when you’re driving alone, we can help.

At Andrew Flusche, Attorney at Law, PLC, we specialize in resolving motor vehicle violations just like yours. Read on to learn more about Virginia’s HOV lanes and how we can help you if you get into a jam.

HOV Lane Rules in Virginia

HOV lane rules vary depending on what part of Virginia you’re driving through.

For example, during HOV-restricted periods, HOV-2 lanes require at least two people per passenger vehicle. HOV-3 lanes require three people in the car to use those lanes.

Other HOV lanes, like express lanes, can require not only a certain number of passengers in your car but also toll payment by EZ Pass. And some vehicles, like hybrids, have exemptions and can use almost any lane at any time. 

Look for the HOV symbols above the HOV lanes. These signs will tell you the hours the lanes are HOV-restricted and how many passengers must be in your car for you to use the lane.

During non-HOV hours, HOV lanes are generally open to all passenger vehicles, except when the reversible lanes are closed.

Each major highway in Northern Virginia, Hampton Roads, and other major population centers in Virginia have different rules regarding their HOV or express lanes. Some are HOV-2, some are HOV-3, and some are a mix of these types of lanes.

nd while some major highways also have express and reversible lanes, each has different rules for use. These rules frequently change, especially with different seasons and construction projects.

Both the VADOT and commuter advocacy pages provide good information about how to navigate the changing landscape.

HOV Lane Rules on Holidays

You may be tempted to think that HOV lane rules and requirements are not valid on weekends or national holidays. Throughout Virginia, the law suspends HOV lane rules on major holidays. The list of holidays where HOV lane rules do not apply includes:

  • Martin Luther King Jr. Day,
  • Presidents’ Day,
  • Memorial Day,
  • Juneteenth,
  • Independence Day,
  • Labor Day,
  • Columbus Day,
  • Veterans Day,
  • Thanksgiving Day, and 
  • Christmas Day. 

Be sure to consult the calendar and the Virginia Department of Transportation (VADOT) to confirm the dates on which these holidays are observed. 

Frequently Asked Questions About Virginia HOV Lanes

How Do I Get Virginia Clean Special Fuel License Plates for My Hybrid Car, so I Can Drive in the HOV Lanes Even If I’m Driving Alone?

All hybrids can qualify for the Clean Special Fuel plates. These plates cost $25 annually, and you must apply for them through DMV. 

Can I Use My Out-of-State Hybrid Vehicle and Clean Fuel Plates in the Virginia HOV lanes?

No, you must have the special Virginia plates. Virginia does not currently have any reciprocal agreements with any other states regarding HOV lanes and hybrid cars. Therefore, if you drive in the HOV lanes in your out-of-state hybrid car, you can be subject to serious fines.

Does a Pregnant Person Count as One or Two People?

For HOV purposes, everyone has to have their own seat. A baby in a car seat counts as a separate person. A baby in your belly stupidly does not.

I Entered the HOV Lanes Before the HOV Restrictions Went into Effect and Got a Ticket. Can they do that?

You need to have the minimum required number of people in your car once HOV hours begin if you want to use the HOV lanes. It does not matter if you were already traveling in those lanes once HOV hours begin. Officers can and will ticket you for an HOV violation.

It is frustrating to drivers who play by the rules when they see solo drivers cruising by them in the HOV lanes. However, even during inclement weather, HOV restrictions stay in place.

VADOT takes enforcement of HOV lane rules seriously. Rest assured that following the rules can save you a bundle in fines, fees, and court costs!

Penalties for Violating HOV Lane Rules

The penalties for violating HOV lane rules can be steep, with higher penalties assessed in the Northern Virginia area than in the rest of the state. In the Hampton Roads area, fines are $100 for each offense.

In Northern Virginia, fines are as follows: 

  • First offense: $125;
  • Second offense: $250 plus three points on your driver’s license;
  • Third offense: $500 plus three points on your driver’s license; and
  • Fourth offense: $1,000 plus three points on your driver’s license.

As you can see, violating HOV lane rules can get expensive fast. But a good traffic ticket attorney can help you navigate these issues. Don’t try to handle them on your own. Andrew Flusche, Attorney at Law, is here to help.

The Andrew Flusche, Attorney At Law Difference

My name is Andrew Flusche, and I am a reckless driving criminal defense lawyer in Virginia. I exclusively represent individuals facing traffic and misdemeanor charges.

I have an in-depth knowledge of reckless driving charges—so much so that I have written a book on the subject.

When the government charges you with a traffic crime, I work closely with you to help achieve the desired outcome.

When your freedom and driving privileges are in jeopardy, you want a reckless driving criminal defense attorney who has defended similar cases before and secured favorable outcomes for his clients. I can help you advocate to get your charges reduced or dismissed altogether, depending on the facts of the situation.

Contact my office today to set up a case review.

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