Criminal Traffic Law

Criminal Traffic Litigation

Driving Under the Influence: In DC, DUI and OWI charges are governed by D.C. Code § 50–2206. There are two ways the prosecution can prove, beyond a reasonable doubt, that you were under the influence of alcohol and/or drugs while operating a motor vehicle. The first is by proving, through chemical tests, that your BAC was 0.8 or over. The second is by proving that your alcohol/drug intake impaired you to a degree that could be noticed or perceived. Learn more here.

Reckless Driving: In DC, reckless driving is governed by D.C. Code § 50–2201.04. Reckless driving charges stem from traffic violations that are deemed to be more serious than those that merit only a traffic ticket. A reckless driving conviction can cause numerous legal, personal, and professional consequences which includes up to a year in jail, 12 points against one’s license, heavy fines, loss of a commercial driver’s license (CDL), loss of security clearance, exorbitant insurance premiums, and more.

Speed in Excess of 30mph over the Posted Limit: In DC, it is a crime to drive more than 30 mph over the speed limit. This crime is governed by D.C. Code § 50–2201.04. It is a criminal misdemeanor which carries a maximum penalty of three (3) months in jail and/or a $300 fine. A conviction also carries 5 points on a DC driver’s license with the DMV.

Leaving After Colliding: In DC, there are two crimes for leaving the scene of an accident, both of which are governed by D.C. Code § 50–2201.05c. The first is leaving after colliding property damage (LAC-PD), which carries a maximum penalty of 30 days in jail and/or a $500 fine.  The second is leaving after colliding personal injury (LAC-PI), which carries a maximum penalty of 180 days and/or a $1000 fine. A conviction involving a personal injury will also automatically require a revocation of a driver’s license.

Operating After Revocation/ Operating After Suspension/ No Permit: Operating after Revocation or Operating after Suspension are both criminal traffic offenses that carry a maximum penalty of 1 year in jail and/or a $5,000 fine. The government typically brings these charges against individuals caught driving in the District of Columbia after their license or driving privileges have been suspended or revoked. Driving without a permit or “No Permit” is a criminal traffic offense that carries a maximum penalty of 90 days in jail or a $300 fine. These crimes are governed by D.C. Code §§ 50–1401, 50–1403.

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