Driving Offenses

Question 1

What is the general definition of the driving offense under code 300?

Answer 1

Driving without a valid license, or driving before having taken and passed the required examination and obtained a license.

Question 2

Under code 300, what specific scenarios constitute “driving without a valid license”?

Answer 2

• Driving without ever having obtained a license.
• Driving before taking or passing the necessary driving test.
• Driving with an otherwise invalid license.

Question 3

How does the Barden case clarify an aspect of code 300?

Answer 3

In Barden, the driver paid all fines but didn’t complete the license restatement process (pay fee, get license restarted). This administrative hiccup was deemed a violation of code 300, not 301.

Question 4

Can failing to complete a court-required program after a suspension lead to a code 300 violation?

Answer 4

Yes. If a driver’s license suspension period expires, and they have done everything except complete a court-required program (like an ASAP program for a DUI), driving would be a code 300 violation.

Question 5

If a driver with a revoked/suspended license provides proof of financial responsibility but doesn’t complete DMV reinstatement, which code applies?

Answer 5

Code 300 applies if the driver has shown proof of paying fines or provided proof of financial responsibility but hasn’t gone through the official reinstatement process with the DMV.

Question 6

What is the difference between a “revoked” license and a “suspended” license in the context of code 301?

Answer 6

Revoked: The license is taken away, and the individual must go through the entire application process again as if they never had one.

Suspended: The license is temporarily paused. It may still be valid if the suspension period ends and the license itself has not expired.

Question 7

What are the “triggering events” for a code 301 (drive revoked/suspended) offense?

Answer 7

• The driver’s license, learner’s permit, or privilege to drive (e.g., an out-of-state licensee told not to drive in VA) has been revoked or suspended.
• The driver has been directed not to drive by a court or by the commission of the DMV (e.g., due to a senior adult’s medical condition).
• The person has been forbidden to drive by operation of statute (e.g., automatic license loss for a drug dealer).

Question 8

What are key requirements and exclusions for a code 301 (drive revoked/suspended) violation?

Answer 8

Requirement: The driving must occur on a highway (not private property or a closed road).
Requirement: The driver drives after their license or privilege has been revoked or suspended AND the offense does not fall under specific DUI-related offenses (codes 272, 300, 302, 341, 391).

Exclusion: Does not apply to driving mopeds.
Exclusion: Driving on a restricted license from a DUI is typically a code 272 violation, NOT 301.

Question 9

What is the core violation under code 302?

Answer 9

Driving when an individual has been told not to drive without first providing proof of financial responsibility (e.g., insurance, bond, deposited funds), and they drive before providing such proof.

Question 10

How does a code 302 violation differ from a code 300 violation in the context of financial responsibility and reinstatement?

Answer 10

Code 302: Driving before providing required proof of financial responsibility.
Code 300: Driving after providing the proof of financial responsibility but then failing to complete the subsequent reinstatement process with the DMV before driving.

Question 11

What is the general offense under code 341.21?

Answer 11

Operating a commercial motor vehicle (CMV) while legally disqualified from doing so.

(Mnemonic: Long statute = often relates to tractor-trailers/CMVs).

Question 12

What specific circumstances constitute “operating a commercial MV while disqualified” under code 341.21?

Answer 12

• Operating a CMV while the driver’s license is suspended or revoked.
• Operating a CMV after the driver has been disqualified.
• Operating a CMV after the driver has been ordered “out of service.”

Question 13

Under code 391(A), when does the commissioner revoke a license for 3 years?

Answer 13

• Upon conviction of a 2nd DUI offense within 10 years, OR
• Upon conviction of 2 or more offenses of code 272 (Driving after forfeiture for DUI) within 10 years. (This includes “not innocent” adjudications for juveniles).

Question 14

Under code 391(B), when does the commissioner revoke a license immediately?

Answer 14

• Upon conviction for vehicular involuntary manslaughter, OR
• Upon conviction for DUI maiming, OR
• Upon conviction for a 3rd DUI offense within 10 years.

Question 15

Under code 391(C), can a person whose license was revoked under 391(B) petition for reinstatement?

Answer 15

Yes, if revoked under Part (B) (vehicular manslaughter, DUI maiming, 3rd DUI in 10 yrs), the person can petition the circuit court for reinstatement after 5 years.

Question 16

What are the general requirements for a driving violation to fall under code 391?

Answer 16

1. There must have been a revocation from the commissioner under Part (A) or (B) of code 391.
2. At least one of the underlying offenses leading to the revocation must have been committed after July 1, 1999. (If all were before that date, 391 doesn’t apply; consider (H) 272).
3. The person drives in violation of that revocation.

Question 17

When does a violation of code 391 become a FELONY due to endangerment?

Answer 17

If the act of driving in violation of the 391 revocation **endangers the life, limb, or property of another ** (e.g., blowing through traffic signals, driving without headlights).

Question 18

What are other conditions under which a code 391 violation becomes a FELONY?

Answer 18

It is a 2nd offense convicted under code 391 itself. OR
The “3 legged stool” criteria are met:
1. Today, the driver is in violation of 391.
2. The driver is also currently committing one of four specified alcohol-related offenses (e.g., commercial DUI, DUI maiming, DUI manslaughter).
3. There was a prior conviction for one of those specified alcohol-related offenses.

Question 19

Is there an exception to code 391 violations?

Answer 19

Yes, it generally doesn’t apply to driving a tractor on the highway between fields for a distance of less than 5 miles.

Question 20

What is Option 1 for violating code 272(A) (Driving after forfeiture of license)?

Answer 20

• The person has been convicted of a driving under the influence (DUI) offense, AND
• The person drives a motor vehicle during the time their license is forfeited due to that DUI. (Note: If all offenses occurred after July 1, 1999, can be issued under 272 or 391).

Question 21

What is Option 2 for violating code 272(B)?

Answer 21

Driving in apparent compliance with the terms of a restricted license BUT having a Blood Alcohol Content (BAC) of .02 or higher.

Question 22

What is Option 3 for violating code 272(C)?

Answer 22

Being required to use an ignition interlock device and driving a vehicle without such a device.

Question 23

When does a violation of code 272 become a FELONY?

Answer 23

If there are 3 convictions under code 272 within a 10-year period. This includes PENDING charges counting towards the three.

Question 24

What initial elements must be met for a driver to potentially violate code 894 (Hit and Run - Attended Property)?

Answer 24

1. The accused is the driver of a vehicle.
2. The driver knew their vehicle was involved in an accident.
3. The accident causes harm: death, personal injury, or damage to occupied/attended property.

(Note: “Attended” means in the immediate area, e.g., someone paying a parking meter next to their car).

Question 25

# Code 894: Driver - Failure to Report/Hit and Run (Attended Property) What knowledge and action (or inaction) by the driver are key to a code 894 violation?

Answer 25

1. The accused knew or reasonably should have known that harm (death, injury, or damage to attended property) occurred. 2. The accused failed to stop immediately as close as possible to the scene of the accident.

Question 26

If a driver stops after an accident involving attended property (code 894), what information must they provide?

Answer 26

They must provide their name, address, driver's license number, and vehicle registration number to: * The police, OR * The injured party, OR * Another competent person at the scene (e.g., occupant or custodian of property).

Question 27

Under code 894, what are a driver's obligations if they are injured and cannot report at the scene?

Answer 27

1. Report to the police as soon as reasonably possible. 2. Make reasonable efforts to find the person struck, or the occupant or custodian of the damaged vehicle/property.

Question 28

What duty of assistance does a driver have under code 894?

Answer 28

If needed, the driver must give assistance, which includes arranging or providing transportation for medical care for anyone injured.

Question 29

How is "involved in an accident" defined for the purposes of code 894?

Answer 29

* There is physical contact between the driver's vehicle and another vehicle, person, or object, OR * The driver's actions were a proximate cause of the accident.

Question 30

What do the *James* and *Brandon* cases illustrate regarding code 894?

Answer 30

***James***: For two collisions to be considered separate accidents (and thus potentially separate charges), they must have separate causes and a sufficient temporal interval between them. ***Brandon***: If damage is very minor, it might not be enough to put the driver on notice that an injury (to a person) might have occurred.

Question 31

When does a violation of code 894 (Hit and Run - Attended Property) become a FELONY?

Answer 31

If the accident results in: * Death to any person, OR * Injury to any person, OR * More than $1,000 in damage to property. ## Footnote (Note: This statute applies to accidents on private property as well as public highways).

Question 32

Under code 896 (Hit and Run - Unattended Property), what is the driver's first duty if they damage unattended property?

Answer 32

The driver must make a reasonable effort to find the owner or custodian of the damaged property. If found, they must provide their name, address, driver's license number, and vehicle registration number.

Question 33

If the owner of unattended damaged property cannot be found (code 896), what must the driver do at the scene?

Answer 33

The driver must leave a note in a conspicuous place at the scene of the accident. This note must include their name, address, driver's license number, and vehicle registration number.

Question 34

After damaging unattended property and leaving a note (if the owner isn't found), what further reporting is required under code 896?

Answer 34

The driver must report the accident in writing within 24 hours to the State Police or local law enforcement agency. The report must state the date, time, and place of the accident, and provide a description of the property damage.

Question 35

What are the conditions for a passenger to have a reporting duty under code 895?

Answer 35

1. The passenger must be 16 years of age or older. 2. The passenger must have been in the vehicle at the time of the accident.

Question 36

What is the reporting time obligation of a passenger under code 895?

Answer 36

The passenger is required to report what they know about an accident (involving injury, death, or damage to attended property) to the authorities within 24 hours.

Question 37

Do the Failure to Report (Hit and Run) statutes apply to accidents that occur on private property?

Answer 37

Yes, the Failure to Report (Hit and Run) statutes generally apply to accidents on private property as well as public highways.

Question 38

Under code 894 (Hit and Run - Attended Property), how are charges determined if multiple people are injured in a single accident?

Answer 38

Charges are typically based per accident, NOT by the number of individuals injured in that single accident.