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Habitual Offender, Virginia

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gatorgirl70

Junior Member
What is the name of your state? Virginia

Question, please. My husband was caught driving (not under the influence) after being declared a habitual offender. He skidded in the rain while stopping and hit a school bus. No damage.. basically a tap and he was cited for failure to pay full time attention.He was literally 500 feet from our house (driving down the street to a family members house). The offenses that qualified him as a HO (dwi's) were from the 80's.. he has not had anything since. Ironically, he hasn't drank in probably 3 years ~ he finally grew up. Wondering what we are looking at here? He was not arrested but issued a citation with a court date. Do we HAVE to get a lawyer? Money is an issue... Thanks so much.
 


Curt581

Senior Member
Why is it people believe that traffic violations somehow "don't count" if they occur less than X distance from the driver's home?

"I know I blew a .25, but I was only two blocks from home".

"I just got stopped for driving after revocation for the seventeenth time, but the cop stopped me just as I was pulling into my apartment parking lot. Can he do that ?"

"I got stopped for speeding less than a mile from my house..."

:confused:

If he would have hit and killed a child, would it be "less bad" if he hit the kid on your block, as opposed to hitting a kid three or four miles away?

Answer: It does not matter if he was literally 500 inches from home, or 500 miles from home. He was driving. He isn't allowed to drive. Not for any reason, for any amount of time, or for any distance. He knows it. He did it anyway.

He's looking at major fines, additional license suspension/revocation time, and probably jail time. No, he doesn't HAVE to hire a lawyer. He can ask for a public defender, or he can plead Guilty and take his medicine like a big boy.
 

FlyingRon

Senior Member
He's looking at jail time. It sounds like he was charged with one of the municipal ordinances (time and attention). He's lucky he could of been charged with the felony version of this (he may still be).

He's going to serve ten days (the felony version would be a year) which most likely means 5 days in the drunk tank. In addition, there is probably going to be a longer (60 days to 6 months) suspended sentence. If your hubby ever is caught behind the wheel a second time, he's going to jail immediately for much longer as the judge within a week will reinstate the suspended sentence for THIS charge.

The ony ironic part is not that he hasn't been drinking, but the fact that three misdemeanors (at least) in his past and whatever sanctions handed out hasn't either got him to drive safer NOR respect society enough to follow the established laws.
 

x_x_x

Member
Flying Ron continues to post bad advice.

Fight this ticket with all of your might! He was not drinking at the time of his accident. He did not do this on purpose. Things that he did in his past cannot be held against him. No alcohol was involved.
 

BigMistakeFl

Senior Member
BigMistakeFl

XXX, I think you missed OP's point. While he may not have been drunk at the time of causing this accident, he was probably driving on a revoked license due to his having been declared a habitual offender. It may be more than just a ticket, and Flying Ron has listed the penalties he may be facing.
 

FlyingRon

Senior Member
Listen Mister three time loser, I didn't say what you claim I said and you haven't a clue about the VA law (even less so than your misguided assumptions about your own charges).

The charge I said was minor was that he was only charged with one of the municipal ordinances for the accident. The driving while under habitual offender revocation is serious, but it is still a misdemeanor. If he'd gotten a DUI or a reckless, he'd be looking at the felony flavor of driving while a habitual offender.

What I said is quite real, if he's convicted of this (and hard to see how he's going to avoid it), he's going to get jail time. I always recommend that people under threat of incarceration get a lawyer. That means one to represent them, not one to talk to you for ten minutes and hang up because they find out you have no intention of paying them.
 

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