Criminal Traffic Law
In DC, there are minor traffic infractions that are resolved at the DMV and there are criminal traffic misdemeanors and felonies that are resolved in DC Superior Court. These criminal traffic cases include:
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.
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.
If you have been charged with any kind of criminal traffic offense, call us now! With an experienced criminal attorney by your side, Wagner PLLC will fight for you.