Practice Areas

Blog

Legal News

Library

Topics to Discuss Before Your Teen Becomes a Driver

Every teen’s parent has heard the adage, “There are no good telephone calls after midnight.” That early morning telephone ringing is never more stressful on a parent than after “the kiddo” has gotten his or her license to drive and is literally free to go where he or she wants to go (and do what he or she wants to do) without immediate parental or adult supervision.

Our children (like we ourselves were at their age --- think about it honestly now!) are willing to push the envelope, and experience new things to prove to themselves --- but mostly, to their friends --- that they have grown up and can do “grownup things.” These are exciting times for them, and in their excitement and zeal, they rarely look far enough ahead to see the bad things that can happen to them when they push the envelope too far past the boundaries you have established for them.

Having raised two boys myself, and for over the past 20-plus years, defended “too many to count” cases in juvenile courts, I can state with almost complete confidence, “Been there, done that.”

These experiences have helped me shape a mindset that I hope others will find useful; if for nothing else, than to help parents think about how to raise the subject of driving responsibly with their children, and how to approach the topics most serious to parent and child. In no particular order of importance, these are the things your child should know. Discuss these with them so they will understand more clearly why you impose certain restraints on their conduct.

The Law Applies to Everyone

It has been my experience that once a teen understands the seriousness of violating the state’s laws, abiding by the parents’ rules seems less onerous to him or her.

When my younger was in high school and driving, we had quite a discussion about his curfew; he wanted it to be midnight, I set it at 11:00 p.m. He argued vehemently that the statewide curfew was midnight, and therefore that he should have a midnight curfew as did the rest of his friends. He was partially correct: the state law did establish a midnight curfew. However, that state statute also provided municipal governments the power to set a curfew hour before midnight, and our city council did that. Once presented with a copy of the city ordinance establishing an 11:00 p.m. curfew, that discussion ended.

That being said, educate your teens that where obeying the law is concerned, there are FEW second chances! Following are some common serious legal situations teenagers encounter, and the punishments.

Alcohol is Serious Stuff

Think a fake ID is cool? You won’t if you are caught using it to buy beer! Conviction is punished as a Class 1 misdemeanor, and the mandatory minimum fine is $500.00, and your driver’s license is suspended for at least 6 months, and up to a year.

If you are caught with beer or alcohol, the penalties are the same or similar.

Traffic Offenses

Reckless Driving

There are several actions that can constitute reckless driving, ranging from failing to maintain control, operating a car, truck or motorcycle in such a manner so as to endanger people or property, or speeding in excess of 20 mph over the speed limit or driving over 80 mph anywhere.

Conviction of reckless driving is a Class 1 misdemeanor. The maximum penalty is 1 year in jail, a fine of up to $2,500.00, or both. In addition, one’s driver’s license may also be suspended from a minimum of 60 days to a maximum of 6 months.

Because conviction carries the possibility of jail time, the right to be represented by an attorney attaches, though that right may be waived in court.

Driving While Intoxicated (DUI)

One doesn’t have to be intoxicated to be convicted of this charge. The fact that you are operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or higher, is sufficient to convict.

This too is punished as a Class 1 misdemeanor if it is a first offense. However, there is mandatory minimum jail time and higher minimum fines imposed if the BAC level is above 0.14, or if this is a second offense within 5 years.

Underage Driving After Illegally Consuming Alcohol

Until a person is 21 years old and can legally purchase, possess and consume alcoholic beverages, it is against this law to operate a motor vehicle with a BAC level of more than 0.02, but less than 0.08. This applies if the alcohol was illegally consumed – there are instances wherein an underage person may legally consume alcohol. Upon conviction, the maximum fine is $500.00, but a forfeiture of the driver’s license for 6 months from the date of conviction also will be imposed.

Marijuana Will Cost You More Than You Think

If you are caught with some of that marijuana you paid twenty bucks for, it may cost you more than 100 times that amount in legal fees, court costs, and fines. In Virginia, regardless of one’s age, possession of marijuana is punished as a Class 1 misdemeanor. That means if convicted of possessing a small amount of marijuana (including even the residue that remains in a smoking device), the judge can sentence you to serve up to a year in jail, and fine you up to $2,500.00.

There are other penalties, too. At minimum, you will have your driver’s license suspended for six months, have to undergo drug abuse assessment, and attend a drug abuse awareness program. If you are under 16 years and three months and the court finds you to be delinquent for possession of drugs, your ability to obtain a driver’s license will be delayed for 6 months. If convicted a second time, the penalty will be more severe, and you will have a criminal record that can haunt you when looking for a job. If you get into trouble later, that conviction can add more time to the punishment you may receive. Conviction of possession of some other drugs carry harsher penalties.

Give Your Child This Advice If He or She is Questioned By Police

• DON’T answer any questions other than your name, your parents’ name and telephone number, UNTIL YOUR PARENTS ARE PRESENT!
• DON’T AGREE to let the police search your residence, your car, your backpack, or your person unless they produce a search warrant ahead of time that SPECIFIES WHAT THEY WANT TO SEARCH AND WHY
• Ask to speak to an attorney if you are not sure what is happening to you
• Be polite and respectful, not argumentative, smart-mouthed, or mean – but don’t be intimidated and give up your rights to have a parent or attorney present before answering questions!!

Free Reports

Free Case Evaluation

FAQs