Virginia’s criminal and traffic laws are not static, and can be modified or added to each year by the Virginia General Assembly. That is once again the case, and this July several new laws will appear on the books.
Threats to the Public – An Expanded Felony Statute
First, a twist to the pre-existing statute prohibiting bomb or arson threats will take effect. The new law will expand the criminal statute to include threats of discharging a firearm in any place of assembly, building or other structure, or means of transportation. Currently the law includes only threats to bomb, burn, destroy, or in any manner damage the same.
Relief for People Driving Without a License or Driving While Suspended
Good news for people struggling to reinstate their Virginia driver’s license – a new law coming into effect will allow a court to dismiss (upon payment of court costs) cases against drivers who were caught driving without a valid operator’s license, so long as they have obtained a valid license by the trial date. The same new law will also permit a judge to do the same for driver’s accused of driving on a suspended or revoked license in Virginia who have no prior history of driving while on a suspended license. Even in cases where there is a past history, the law gives discretion to judges on whether or not to apply leniency if substantial compliance with Virginia’s licensing requirements has been demonstrated.
Be Careful Letting Your Kids Drive Your Car
The laws against allowing an unlicensed person to drive are being expanded. The new law, taking effect this July, will make it a class 1 misdemeanor in Virginia to allow a minor with no driver’s license or learner’s permit to operate your vehicle if that operation results in a vehicle accident causing injury or death. Even if the minor has a learner’s permit, it remains a class 1 misdemeanor if the operation extends beyond the bounds of the permit. This would result in a fine of up to $2500 and a jail sentence of up to 12 months.
Currently, allowing an unlicensed person to drive constitutes a class 2 misdemeanor (which carries up to a $1000 fine and up to 6 months of jail).
Harsher Virginia Penalties for Mail Theft
As a consequence of mail theft leading to fraud, the Virginia General Assembly is making it a class 6 felony in Virginia for anyone to knowingly, willfully, and with the intent to deprive, injure, damage, or defraud another 1) steal, destroy, or tamper with mail, 2) possess a key or counterfeit key to open a mailbox, or 3) damage or destroy a mailbox. The new law will also apply to people who receive stolen mail, if they either know or reasonably should know that the mail has been stolen or obtained by fraud.
Lottery Winners in Virginia Can Remain Anonymous
No more silly disguises are necessary to collect the giant check – the Virginia General Assembly has approved a new law that prevents disclosure of the identity of a Virginia lottery winner if the winnings are $1 million or more. FOIA will not obtain the identity, which can only be disclosed with the consent of the winner.
Changing Rules for Ignition Interlock Systems in DUI cases
Defendants accused of 1st or 2nd offense DUI can now install an ignition interlock system into their vehicle(s) prior to trial, and receive credit upon conviction for any time during which the interlock system was installed. Ignition interlock is a requirement for a restricted license in Virginia, and the installation of an ignition interlock device is required in alcohol-related DUIs and discretionary in drug-related DUIs. More importantly, this allows for installation before a license suspension goes into effect, rendering the installation process and restricted driving privileges more convenient and without delay.
On the other hand, a new law ups the minimum period of ignition interlock from 6 months to 12 months, which result in 6 more months of interlock as well as 6 more months of interlock fees.
Sexual Extortion Added as a Crime
A new law this year makes it a Class 5 felony (punishable by up to 10 years in prison) for any person to maliciously threaten eviction, loss of housing, property damage, or any financial loss with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse and thereby engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse. Enhanced penalties apply if the victim is younger than 15 years old.
David G. Parker
David G. Parker is a former prosecutor and courtroom veteran offering Criminal Defense, Traffic, and DUI representation in Staunton, Lexington, and the Shenandoah Valley.
