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    <title type="text">Law Office of Robert T. Dearborn</title>
    <subtitle type="text">Law Office of Robert T. Dearborn</subtitle>

    <updated>2026-07-07T08:58:36Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[8 dangerous driving habits that could lead to traffic violations]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2026/06/8-dangerous-driving-habits-that-could-lead-to-traffic-violations/" />
            <id>https://www.dearbornlawoffice.com/?p=49694</id>
            <updated>2026-07-07T08:57:57Z</updated>
            <published>2026-06-25T16:24:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If you drive in Virginia, the roads here demand more attention than in many other states. In fact, Virginia enforces its traffic laws with a strictness that catches many drivers off guard. This is why knowing what habits to avoid can save you from a costly ticket or even a misdemeanor charge.  Virginia takes traffic violations seriously Drivers and legal…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2026/06/8-dangerous-driving-habits-that-could-lead-to-traffic-violations/"><![CDATA[<span style="font-weight: 400;">If you drive in Virginia, the roads here demand more attention than in many other states. In fact, Virginia enforces its traffic laws with a strictness that catches many drivers off guard. This is why knowing what habits to avoid can save you from a costly ticket or even a misdemeanor charge. </span>
<h2><span style="font-weight: 400;">Virginia takes traffic violations seriously</span></h2>
<span style="font-weight: 400;">Drivers and legal experts across the country recognize Virginia as one of the stricter states for traffic enforcement. Unlike many states that treat moving violations as civil infractions, Virginia classifies high-speed driving and several moving violations as Class 1 misdemeanors. This means a traffic stop here can carry consequences well beyond a fine. With that in mind, knowing which habits to avoid on the road becomes even more important.</span>
<h2><span style="font-weight: 400;">Eight driving habits that could get you pulled over</span></h2>
<span style="font-weight: 400;">Understanding how strict Virginia's traffic laws are is just the first step. The next step is recognizing the </span><a href="https://law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">habits that put you at risk</span></a><span style="font-weight: 400;"> of a violation in the first place. Here are eight driving behaviors that Virginia law enforcement actively watches for:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Excessive speeding:</b><span style="font-weight: 400;"> Driving well over the speed limit or too fast for current weather conditions, reduces your reaction time and raises the risk of serious collisions.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Tailgating:</b><span style="font-weight: 400;"> Following another vehicle too closely leaves you little room to brake safely if the car ahead stops suddenly.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Weaving and aggressive lane changes:</b><span style="font-weight: 400;"> Darting between lanes or failing to use your turn signal puts you and other drivers at risk.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Illegal or unsafe passing:</b><span style="font-weight: 400;"> Passing on blind curves or hills blocks your view of oncoming traffic and creates dangerous situations.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Failure to yield:</b><span style="font-weight: 400;"> Ignoring right-of-way rules at intersections, merging lanes or crosswalks frequently leads to T-bone accidents.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Running red lights and stop signs:</b><span style="font-weight: 400;"> Speeding through intersections endangers both drivers and pedestrians.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Distracted driving:</b><span style="font-weight: 400;"> Taking your eyes off the road, whether for a text or a navigation adjustment, puts everyone around you at risk.</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Driving Under the Influence (DUI): </b><span style="font-weight: 400;">Alcohol, drugs or certain medications can cloud your judgment and slow your physical response behind the wheel, making it dangerous for you and everyone else on the road.</span></li>
</ul>
<span style="font-weight: 400;">Any one of these habits can lead to a serious traffic stop in Virginia. Therefore, learning what they are is helpful, but recognizing what to do if you face a violation is just as important.</span>
<h2><span style="font-weight: 400;">Drive safely on Virginia roads</span></h2>
<span style="font-weight: 400;">Virginia enforces its traffic laws with public safety in mind and the </span><a href="https://www.dearbornlawoffice.com/traffic-tickets-overview/traffic-violation-faq/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">consequences of a violation</span></a><span style="font-weight: 400;"> can follow you long after the traffic stop. Staying aware of these habits puts you in a much stronger position on the road. And if you ever find yourself in an unexpected situation, remember that understanding your rights and options can work in your favor.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[Can you legally avoid a DUI checkpoint in Virginia?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2026/03/can-you-legally-avoid-a-dui-checkpoint-in-virginia/" />
            <id>https://www.dearbornlawoffice.com/?p=49693</id>
            <updated>2026-07-07T08:58:18Z</updated>
            <published>2026-03-26T07:06:39Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You see flashing lights ahead and realize you are approaching a DUI checkpoint. Such a scenario often triggers a split-second instinct to turn around. Can you legally do that in Virginia? Yes, but with important limitations you must understand. What are the limits of a detour? You have no statutory obligation to drive through a DUI checkpoint in Virginia. The…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2026/03/can-you-legally-avoid-a-dui-checkpoint-in-virginia/"><![CDATA[<span style="font-weight: 400;">You see flashing lights ahead and realize you are approaching a DUI checkpoint. Such a scenario often triggers a split-second instinct to turn around. Can you legally do that in Virginia? Yes, but with important limitations you must understand.</span>
<h2><span style="font-weight: 400;">What are the limits of a detour?</span></h2>
<span style="font-weight: 400;">You have no statutory obligation to drive through a DUI checkpoint in Virginia. The law permits you to turn around or take a different route before entering the checkpoint perimeter. Police cannot stop you solely for choosing to avoid the checkpoint.</span>

<span style="font-weight: 400;">The key restriction lies in how you make that choice. You must obey </span><a href="https://law.lis.virginia.gov/vacode/title46.2/chapter8/" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">all traffic laws</span></a><span style="font-weight: 400;"> while maneuvering away. Any traffic violation during your avoidance gives officers the valid justification they need to pull you over.</span>
<h2><span style="font-weight: 400;">How to avoid a checkpoint legally?</span></h2>
<span style="font-weight: 400;">If you see a checkpoint ahead, you must remain calm. Lawful avoidance means executing your turn or route change while strictly obeying all traffic regulations. This typically includes:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Making a permitted turn onto a side street after using your blinker correctly</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Pulling into a parking lot or business entrance to wait or change direction</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Executing a U-turn only where traffic signs and road markings specifically allow it</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Selecting a different path entirely without violating any lane markings or speed limits</span></li>
</ul>
<span style="font-weight: 400;">Each option remains valid only when you perform it with precision.</span>
<h2><span style="font-weight: 400;">Will there be a risk of reasonable suspicion?</span></h2>
<span style="font-weight: 400;">Police often position patrol cars near checkpoints to monitor for drivers who appear to be evading the encounter. While choosing a different route is within your rights, it can trigger a stop if it </span><a href="https://www.law.cornell.edu/wex/reasonable_suspicion" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">creates reasonable suspicion</span></a><span style="font-weight: 400;">.</span>

<span style="font-weight: 400;">More than a vague hunch, reasonable suspicion is a set of specific, observable facts that would lead an officer to believe a crime, such as driving while impaired, is occurring.</span>

<span style="font-weight: 400;">While turning away from a checkpoint is not a crime, performing that turn with evasive or erratic maneuvers, such as sudden braking, swerving or illegal U-turns, generally provides the officer with the necessary grounds to initiate a stop.</span>

<span style="font-weight: 400;">Once you are stopped, any sign of alcohol consumption allows the officer to expand the investigation into field sobriety tests.</span>
<h2><span style="font-weight: 400;">What are the consequences of a DUI conviction?</span></h2>
<a href="https://www.dearbornlawoffice.com/blog/2023/04/how-virginia-penalizes-dui-offenses/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">Facing a DUI charge in Virginia</span></a><span style="font-weight: 400;"> is a serious matter with long-term effects. A conviction for a first offense leads to a one-year license suspension and a permanent criminal record. You might also face mandatory jail time if your blood alcohol content (BAC) was 0.15% or higher, as well as the mandatory installation of an ignition interlock device in your vehicle.</span>

<span style="font-weight: 400;">These penalties stay with you for years and can impact your employment or future opportunities. Because the stakes are so high, it is crucial not to try to handle these charges alone.</span>
<h2><span style="font-weight: 400;">What are your legal options when fighting DUI charges?</span></h2>
<span style="font-weight: 400;">Challenging a DUI requires a close look at the initial encounter. If the police stopped you for avoiding a checkpoint, the validity of that action depends on whether you actually broke a traffic law. A successful defense often involves proving that the officer lacked a legitimate reason to pull your vehicle over in the first place.</span>

<span style="font-weight: 400;">You can also examine whether the checkpoint itself met constitutional standards. Virginia requires specific pre-planning and public notice for these operations to be lawful. If the state failed to follow these protocols, the evidence against you might not hold up in court.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[How criminal/traffic offenses impact military security clearance]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2026/01/how-criminal-traffic-offenses-impact-military-security-clearance/" />
            <id>https://www.dearbornlawoffice.com/?p=49691</id>
            <updated>2026-07-07T08:58:36Z</updated>
            <published>2026-01-05T11:22:15Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Serving in the military means your security clearance is vital for your career. Even small offenses, like a driving-related incident, can be reviewed. Officials look at your record to assess judgment, reliability and trustworthiness. Knowing how offenses may affect your clearance can help you plan and address issues responsibly. How offenses are evaluated for clearance purposes Security clearance investigations consider…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2026/01/how-criminal-traffic-offenses-impact-military-security-clearance/"><![CDATA[<span style="font-weight: 400;">Serving in the military means your security clearance is vital for your career. Even small offenses, like a driving-related incident, can be reviewed. Officials look at your record to assess judgment, reliability and trustworthiness. Knowing how offenses may affect your clearance can help you plan and address issues responsibly.</span>
<h2><span style="font-weight: 400;">How offenses are evaluated for clearance purposes</span></h2>
<span style="font-weight: 400;">Security clearance investigations consider </span><a href="https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-D/part-147" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">both how serious and how frequent offenses</span></a><span style="font-weight: 400;"> are. Serious crimes like DUI, assault or theft get deeper review.</span>

<span style="font-weight: 400;">Minor offenses can also raise concerns if they show a pattern of risky behavior. Investigators often look at your full record. They consider when incidents happened, how you handled consequences and whether you took corrective steps.</span>
<h2><span style="font-weight: 400;">Actions that may influence your clearance</span></h2>
<span style="font-weight: 400;">Taking steps after an offense like a </span><a href="https://www.dearbornlawoffice.com/traffic-tickets-overview/" data-wpel-link="internal"><span style="font-weight: 400;">driving-related incident</span></a><span style="font-weight: 400;"> can help show responsibility. Officials may review actions such as:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Reporting the offense to your chain of command promptly, which can show accountability</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Completing court-ordered requirements such as fines, community service or counseling</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Keeping records of programs or classes that address the behavior</span></li>
 	<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Maintaining a clean record afterward to highlight efforts to correct mistakes</span></li>
</ul>
<span style="font-weight: 400;">These actions can demonstrate that you are taking the situation seriously. Officials often look for patterns rather than single incidents, so showing corrective steps may help support your case.</span>
<h2><span style="font-weight: 400;">Protecting your clearance and career</span></h2>
<span style="font-weight: 400;">Even minor offenses can affect your clearance if you do not address them. Tracking the impact and keeping accurate records can help protect your career. Handling problems quickly may also reduce risks. Paying attention to how officials review offenses can make the process easier to navigate and reduce stress.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[Sharing prescriptions out of kindness can mean trouble]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2025/10/sharing-prescriptions-out-of-kindness-can-mean-trouble/" />
            <id>https://www.dearbornlawoffice.com/?p=49689</id>
            <updated>2025-10-13T00:58:32Z</updated>
            <published>2025-10-13T00:58:32Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many people think nothing of sharing a prescription pill with a loved one who is in pain or who is otherwise suffering. They do so, believing that they are simply helping. Yet, it is important to understand that, under the law, sharing or giving away prescription medication is considered a crime, even when it is done out of kindness.  Although…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2025/10/sharing-prescriptions-out-of-kindness-can-mean-trouble/"><![CDATA[<span style="font-weight: 400">Many people think nothing of sharing a prescription pill with a loved one who is in pain or who is otherwise suffering. They do so, believing that they are simply helping. Yet, it is important to understand that, under the law, sharing or giving away prescription medication is considered a crime, even when it is done out of kindness. </span>

<span style="font-weight: 400">Although many drug-related laws vary from state to state, one concern rings true across the U.S.: Prescription drugs are controlled substances that can only lawfully be used by the person to whom they are prescribed. Passing them to anyone else—even when doing so for free, and with the purest of intentions—can lead to criminal charges that may result in serious penalties.</span>
<h2><span style="font-weight: 400">Prescription drugs are still drugs</span></h2>
<span style="font-weight: 400">Prescription drugs are tightly regulated because of their potential for abuse and harm. Medications such as painkillers, sedatives and stimulants are classified according to the federal </span><a href="https://www.dea.gov/drug-information/csa" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400">Controlled Substances Act</span></a><span style="font-weight: 400">. Giving someone even a single pill without a prescription can be treated the same as drug distribution, depending on the substance involved. This means that what feels like an act of compassion could be prosecuted as a felony offense, leading to a criminal record, possible jail time and more.</span>

<span style="font-weight: 400">Intent does not generally excuse individuals from drug-related crimes from liability. The law does not distinguish between someone selling pills for profit and someone handing them out to help a friend. Prosecutors only need to show that medication was knowingly transferred to another person who did not have a valid prescription. </span>

<span style="font-weight: 400">In some cases, people are charged after lending a pill to help another sleep, focus or ease pain. Others face charges after sharing medication with a friend recovering from surgery. Regardless of motive, the act is still illegal. If someone becomes ill or overdoses from a shared medication, the person who gave it to them could face additional criminal and civil consequences.</span>

<span style="font-weight: 400">With all of this said, if you or a loved one has been charged with wrongdoing because of shared prescription medication, don’t panic. Good intentions may not prevent prosecution, but with a </span><a href="https://www.dearbornlawoffice.com/misdemeanors/possession-of-prescription-medication/" data-wpel-link="internal"><span style="font-weight: 400">strong legal defense</span></a><span style="font-weight: 400">, it may be possible to avoid long-term damage. </span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[Watch out for these 3 surprising setbacks of a traffic ticket]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2025/07/watch-out-for-these-3-surprising-setbacks-of-a-traffic-ticket/" />
            <id>https://www.dearbornlawoffice.com/?p=49685</id>
            <updated>2025-07-11T00:37:24Z</updated>
            <published>2025-07-11T00:37:24Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Traffic tickets are often seen as minor inconveniences, but their repercussions can extend far beyond a simple fine. While common penalties like fines and points on your driving record are well-known, there are several unexpected ways a traffic ticket can affect your life. Three examples to watch out for include the following. #1: Impact on professional licenses Many professions require…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2025/07/watch-out-for-these-3-surprising-setbacks-of-a-traffic-ticket/"><![CDATA[Traffic tickets are often seen as minor inconveniences, but their repercussions can extend far beyond a simple fine. While common penalties like fines and points on your driving record are well-known, there are several unexpected ways a traffic ticket can affect your life. Three examples to watch out for include the following.
<h2>#1: Impact on professional licenses</h2>
Many professions require a valid license to practice, and a traffic ticket can jeopardize this. For example, healthcare professionals, lawyers, and commercial drivers must maintain clean records to keep their licenses. A traffic violation can lead to disciplinary actions from licensing boards, increased scrutiny during license renewal, and <a href="https://journalofethics.ama-assn.org/article/criminal-convictions-and-medical-licensure/2011-10" target="_blank" rel="noopener noreferrer" data-wpel-link="external">potential suspension or revocation of the license.</a>

These consequences can hinder your career progression and even result in job loss.
<h2>#2: Effect on security clearances</h2>
Many government and private sector jobs require security clearance. A traffic ticket, especially one involving criminal charges, can <a href="https://law.yale.edu/student-life/career-development/students/career-pathways/public-interest/you-apply-understanding-government-background-checks" target="_blank" rel="noopener noreferrer" data-wpel-link="external">raise red flags</a> during the clearance process. Consequences can include:
<ul>
 	<li>Delays in clearance approval</li>
 	<li>Increased background checks</li>
 	<li>Possible denial of clearance</li>
</ul>
Without clearance, you may lose access to sensitive information and job opportunities, affecting your career trajectory.
<h2>#3: Impact on university scholarships</h2>
Students often rely on scholarships to fund their education, and a traffic ticket can threaten these financial aids. Universities and scholarship committees may view traffic violations as a sign of irresponsibility. This can lead to the revocation of existing scholarships, difficulty in obtaining new scholarships, and damage to academic reputation.

Traffic tickets can have far-reaching effects beyond the immediate penalties. They can jeopardize professional licenses, security clearances, and university scholarships, impacting your career and education. Understanding these potential consequences can help you take traffic violations seriously and seek legal advice when necessary. Stay informed and proactive to <a href="https://www.dearbornlawoffice.com/traffic-tickets-overview/" target="_blank" rel="noopener" data-wpel-link="internal">mitigate these unforeseen impacts on your life</a>.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[Can a cheap online marketplace purchase lead to larceny charges?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2025/04/can-a-cheap-online-marketplace-purchase-lead-to-larceny-charges/" />
            <id>https://www.dearbornlawoffice.com/?p=49684</id>
            <updated>2025-04-14T14:52:55Z</updated>
            <published>2025-04-14T14:52:55Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Before the internet, people trying to resell items had limited options. They could host garage sales, take out an ad in the local newspaper or sell items to pawn shops. Each of those options provided opportunities for law enforcement professionals to track those who may have misappropriated the resources of others for financial gain. The increased popularity of digital marketplaces,…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2025/04/can-a-cheap-online-marketplace-purchase-lead-to-larceny-charges/"><![CDATA[Before the internet, people trying to resell items had limited options. They could host garage sales, take out an ad in the local newspaper or sell items to pawn shops. Each of those options provided opportunities for law enforcement professionals to track those who may have misappropriated the resources of others for financial gain.

The increased popularity of digital marketplaces, including consumer-to-consumer posts on social media and specialized resale platforms, has made it easier than ever before for those who steal other people's property to convert those stolen goods into capital. Some people may buy stolen goods without realizing it.

Individuals looking to purchase expensive items such as designer handbags, electronic devices or even used vehicles may look to digital marketplaces as a low-cost option. Unfortunately, in some cases, people without criminal intentions may end up implicated as a result.
<h2>Possessing stolen goods is a crime</h2>
It is unlawful to steal from other people. It is also unlawful to knowingly possess items stolen from another person. An individual does not have to actively deprive another person of their property to be at risk of criminal prosecution.

<a href="https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-108/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Under state statutes</a>, anyone who knowingly possesses stolen merchandise may face the same charges and penalties as those who actually steal assets from others. Someone who purchases a used video game console or mobile phone through an online marketplace might end up contacted by law enforcement authorities when they begin using those devices.

If police officers and prosecutors believe that the person in possession of those stolen goods knew about their provenance, the buyer could face criminal prosecution. Larceny charges related to the purchase of stolen goods might be misdemeanor charges, but the state could pursue felony charges in scenarios where the property is worth $1,000 or more.

Buyers accused of possessing stolen property may be able to avoid a criminal conviction if they respond assertively. Learning about the rules that govern <a href="https://www.dearbornlawoffice.com/misdemeanors/shoplifting-and-misdemeanor-theft/" data-wpel-link="internal">theft charges and related offenses</a> can benefit those accused of possessing stolen property or similar crimes. With the right insight and guidance, criminal defendants can potentially avoid convictions.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[What is the penalty for declining a breath test?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2025/01/what-is-the-penalty-for-declining-a-breath-test/" />
            <id>https://www.dearbornlawoffice.com/?p=49683</id>
            <updated>2025-01-20T14:40:58Z</updated>
            <published>2025-01-20T14:40:58Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If police officers suspect a driver of being under the influence of alcohol, they may conduct a traffic stop. If they become suspicious while already interacting with the driver, they may ask the driver about their prior activities and may request that they perform a field sobriety test. If a driver fails a field sobriety test or if a police…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2025/01/what-is-the-penalty-for-declining-a-breath-test/"><![CDATA[If police officers suspect a driver of being under the influence of alcohol, they may conduct a traffic stop. If they become suspicious while already interacting with the driver, they may ask the driver about their prior activities and may request that they perform a field sobriety test.

If a driver fails a field sobriety test or if a police officer feels that they already have probable cause to arrest the driver for intoxication, they may ask for a chemical breath test. Drivers sometimes decide they do not want to submit to tests. Breath tests are notoriously unreliable, and drivers generally do not want to implicate themselves if they can avoid doing so.

However, Virginia has an implied consent law. Drivers have already given permission in advance to police officers to conduct chemical testing after an impaired driving arrest. What happens if people violate the state’s implied consent law by refusing to submit to a breath test after a drunk driving arrest?
<h2>Test refusal can cost a driver their license</h2>
The standard penalty for declining a post-arrest breath test is a driver's license suspension. The record of the accused motorist determines the duration of that suspension. The first time a driver <a href="https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-268.3/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">refuses a chemical test</a> after arrest, the state can suspend their license for one year. The offense counts as a civil offense, not a crime.

Subsequent test refusals within 10 years of a prior refusal may result in misdemeanor charges. The driver is at risk of losing their license for three years. Implied consent penalties are separate from the penalties the courts may impose if prosecutors also secure a guilty plea or conviction for an impaired driving offense.

Losing driving privileges for a year or longer can be a major inconvenience for professionals and those with families to support. It can be very expensive to rely on on-demand ride services, like taxis and rideshare companies. People could also be at risk of losing their jobs or facing other personal challenges because they cannot drive.

Drivers may need help responding to allegations of <a href="https://www.dearbornlawoffice.com/driving-under-the-influence-dui/breathalyzer-refusal/" data-wpel-link="internal">chemical test refusal</a> or impaired driving to minimize the penalties they face, and that’s okay. Learning more about the law in Virginia can help people when they interact with the police or when they must choose how to respond to a pending charge.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[3 actions that are considered reckless driving in Virginia]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2024/10/3-actions-that-are-considered-reckless-driving-in-virginia/" />
            <id>https://www.dearbornlawoffice.com/?p=49682</id>
            <updated>2024-10-19T17:05:54Z</updated>
            <published>2024-10-19T17:05:54Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Many times, traffic violations result in citations. Police officers pull people over, ask them a few questions and then issue them a ticket. The driver has the option of fighting the ticket or paying it depending on whether they agree with the police officer’s interpretation of the situation. Other times, police officers may actually arrest those accused of traffic violations…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2024/10/3-actions-that-are-considered-reckless-driving-in-virginia/"><![CDATA[Many times, traffic violations result in citations. Police officers pull people over, ask them a few questions and then issue them a ticket. The driver has the option of fighting the ticket or paying it depending on whether they agree with the police officer's interpretation of the situation.

Other times, police officers may actually arrest those accused of traffic violations because those infractions are serious enough to warrant criminal prosecution. Reckless driving is a Class 1 misdemeanor offense under <a href="https://law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Virginia state law</a> that can create not just financial penalties but also a criminal record for the motorist accused.

The broad definition of reckless driving allows police officers to arrest those accused of driving in a patently unsafe manner. Having an obstructed view or faulty brakes can be enough to warrant reckless driving charges in some cases. There are a host of other definitions included in Virginia traffic statutes. The following are three of the most common and serious forms of reckless driving, according to state law.
<h2>Excessive speeding</h2>
When a driver maintains a speed that is at least 20 miles per hour or more over the posted limit, the state could prosecute them for reckless driving. Particularly in scenarios where speeding occurs in a residential neighborhood or a school zone, officers may choose to arrest someone for reckless driving rather than to issue them a basic speeding ticket.
<h2>Passing on an incline or curve</h2>
Generally speaking, passing is only legal when the central line indicates that there is a passing zone ahead. However, some drivers pass in locations where they technically should not. Occasionally, unsafe passing may be serious enough to warrant reckless driving charges under Virginia state statutes. The law specifically addresses cases where a motorist tries to pass while going up a hill or rounding a curve. In such situations, the driver passing cannot clearly see the road ahead and could endanger themselves or others by potentially causing a head-on collision.
<h2>Racing on the street</h2>
Some people specifically modify their vehicles to make them faster, sleeker and more competitive. If they encounter each other in traffic, they might make eye contact and attempt to arrange an impromptu race to the next stop light. Others go so far as to coordinate races on public roads with small groups of other enthusiasts. Anyone caught racing on public streets could potentially face reckless driving charges rather than just a speeding ticket.

Reckless driving is a crime that can follow someone for years and affect their opportunities in life. Understanding what behavior might lead to <a href="https://www.dearbornlawoffice.com/traffic-tickets-overview/reckless-driving/" data-wpel-link="internal">reckless driving charges</a> can help motorists avoid arrest and can also help them plan an effective defense strategy if they are accused of breaking Virginia traffic statutes.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[When is it a crime to possess or use a prescription drug?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2024/07/when-is-it-a-crime-to-possess-or-use-a-prescription-drug/" />
            <id>https://www.dearbornlawoffice.com/?p=49681</id>
            <updated>2024-07-15T11:29:45Z</updated>
            <published>2024-07-15T11:29:45Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Prescription medications are technically controlled substances. Someone with medical concerns needs to see a physician to obtain a prescription for a medication. They then need to fill the prescription at a licensed pharmacy. When people follow the correct protocol, the possession and use of prescribed medications are theoretically legal. Unfortunately, quite a few people violate controlled substances laws and may…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2024/07/when-is-it-a-crime-to-possess-or-use-a-prescription-drug/"><![CDATA[Prescription medications are technically controlled substances. Someone with medical concerns needs to see a physician to obtain a prescription for a medication. They then need to fill the prescription at a licensed pharmacy.

When people follow the correct protocol, the possession and use of prescribed medications are theoretically legal. Unfortunately, quite a few people violate controlled substances laws and may end up prosecuted as a result. Just because prescription medication is legal to possess in some scenarios does not mean that people can do whatever they want with prescription drugs.

When does it become a crime to possess (for use) prescription drugs?
<h2>When someone does not have a prescription</h2>
Some people self-diagnose their symptoms and then seek out medication that they take could help with their symptoms. Other times they may have a formal diagnosis but their prescription has already expired. In either scenario, it is illegal for someone to seek out prescription medication on the unregulated market. Anyone caught in possession of medication without a current and valid prescription could be at risk of arrest.
<h2>When people source their drugs illegally</h2>
Even if someone has a prescription, it is only legal for them to possess the medication dispensed to them by a licensed pharmacist. There are many bad actors willing to resell their own medication or prescription drugs acquired through more nefarious means. The theft of prescribed medications from people and businesses is common, especially drugs that have a <a href="https://www.webmd.com/mental-health/addiction/ss/slideshow-commonly-abused-drugs" data-wpel-link="external" target="_blank" rel="noopener noreferrer">strong association with abuse</a>.

If the medication someone has belongs to someone else or was obtained by theft from a pharmacy or a person, they could be at risk of criminal prosecution. It is also worth noting that anyone who openly abuses the medication, even if they secure it legally, could be at risk of criminal prosecution as well.

Although prescribed medication is theoretically legal to use when done in compliance with state laws, there are still many ways for people to violate state statutes. Anyone who breaks the law <a href="https://www.dearbornlawoffice.com/misdemeanors/possession-of-prescription-medication/" data-wpel-link="internal">with a prescription medication</a> could end up facing drug charges. Learning more about drug statutes can help people avoid violations and plan an effective response if they get arrested.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Robert T. Dearborn Law Office</name>
				            </author>
            <title type="html"><![CDATA[Do drivers have to submit to roadside testing in Virginia?]]></title>
            <link rel="alternate" type="text/html" href="https://www.dearbornlawoffice.com/blog/2024/04/do-drivers-have-to-submit-to-roadside-testing-in-virginia/" />
            <id>https://www.dearbornlawoffice.com/?p=49678</id>
            <updated>2024-04-16T15:36:56Z</updated>
            <published>2024-04-16T15:36:56Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Police officers typically only pull people over when they suspect certain traffic violations. Suspicions of chemical intoxication are a common reason to conduct traffic stops. During a traffic stop, police officers may issue a citation or may attempt to gather evidence of more serious traffic infractions. Whether an officer suspects impairment when they initially pull someone over or they begin…]]></summary>
			                <content type="html" xml:base="https://www.dearbornlawoffice.com/blog/2024/04/do-drivers-have-to-submit-to-roadside-testing-in-virginia/"><![CDATA[Police officers typically only pull people over when they suspect certain traffic violations. Suspicions of chemical intoxication are a common reason to conduct traffic stops. During a traffic stop, police officers may issue a citation or may attempt to gather evidence of more serious traffic infractions.

Whether an officer suspects impairment when they initially pull someone over or they begin to suspect someone of intoxication due to a conversation with the motorist in question, the officer might try to gather evidence that would warrant an impaired driving charge.

Do drivers have to submit to roadside testing after an officer pulls them over in Virginia?
<h2>Virginia does have an implied consent law</h2>
Motorists often want to comply with police officers' requests during traffic stops, but they may also have the right to refuse certain requests. There are limits on police officers' authority during traffic stops, and they may try to get around those limits by asking for someone's consent.

The law does grant police officers the authority to request chemical testing in certain scenarios. Virginia's implied consent law makes it an offense for a driver to decline <a href="https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-268.2/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">post-arrest chemical breath testing</a>. If a police officer already has probable cause to arrest someone for impairment, the driver could face secondary penalties for refusing to submit to a test.

That being said, drivers do not need to submit to a breath test prior to arrest. They also typically do not have a legal obligation to perform field sobriety tests. While officers may ask people to participate in physical testing as a way of gauging their level of intoxication, they cannot force someone to exit their vehicle and physically perform the tests.

Drivers who refuse to perform field sobriety tests should not face penalties for doing so. Depending on the timing of a breath test refusal, someone's choice to decline a test could affect the charges and penalties they face.

Learning about the laws that apply in Virginia drunk driving cases can help people avoid getting arrested or better handle <a href="https://www.dearbornlawoffice.com/driving-under-the-influence-dui/breathalyzer-refusal/" data-wpel-link="internal">requests for chemical tests</a> if they are stopped. Motorists who know their rights can more readily stand up for themselves during encounters with the police and avoid mistakes that could affect their criminal cases in the event that charges are filed.]]></content>
						        </entry>
	</feed>