October 13, 2018
Can a Reconciliation Agreement be an Alternative to a Divorce?
Reconciliation agreements spell out what both parties in a troubled marriage need to do in order to get back on track, and includes what will happen if it does or doesn’t. If your relationship is having serious problems, do you want to save it? If so, this may be worth a try and it has the benefit of some certainty over what will happen if the relationship ends in a divorce or not. If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and think this approach might be right for you, we may be able to help.
A reconciliation agreement is a postnuptial agreement allowing couples to give themselves a chance put their marriage back on track while stating in advance the terms of a split if the reconciliation fails or succeeds.
One could include a promise to get substance abuse treatment, stop having extra-marital affairs, or a promise by one or both parties to work less and give more time to each other. If these goals aren’t met, the practical details of a divorce will already have been agreed to and formalized.
These agreements allow couples to have a fresh start
Written commitments shared with others may be more likely to stick, especially if grave consequences of failing are also spelled out. They can help couples feel more secure personally, emotionally and financially because there is a future path spelled out, even if it may split in two in the future.
Reconciliation agreements can prevent some of the unknowns of a divorce and may help avoid the emotion and cost that comes if a divorce happens in the end. The terms of a split written into an agreement hopefully would’ve been agreed to when a couple is more hopeful and constructive rather than at a bitter end of a relationship.
A reconciliation agreement could be created at any time after a marriage takes place
It may help a couple after serious problems have come up. It could be the result of marriage counseling or the help of a family law mediator. This agreement may also be an option if the couple no longer lives together but haven’t yet gotten a divorce.
This agreement can try to set down who will have what kind of child custody as well as who will pay how much child and spousal support. If the couple divorces it will ultimately be up to a judge to decide whether or not the agreement is enforceable as is or needs to be changed. Child support that deviates from state guidelines may not be approved and child custody arrangements will need to be in the child’s best interests.
A reconciliation agreement needs to meet several requirements to become legally binding in Virginia
It needs to be a written document explaining the terms of their agreement. The spouses must both sign under oath and their signatures need to be witnessed by a notary.
A judge can “affirm, ratify and incorporate by reference” the spouses’ agreement in the divorce decree, the court order ending the marriage. Once affirmed, ratified and incorporated, the divorce settlement becomes a part of the divorce decree and either spouse may ask for court enforcement of the terms.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage might end in a divorce and want to discuss creating a reconciliation agreement, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights and your best options for moving forward.
September 26, 2018
How Can I Make My Separation as Painless as Possible?
The emotional pain and stress of a marital separation can vary depending on the situation. If your spouse is abusive the separation may be welcome but if you still love your spouse and feel there’s just something missing, something that needs to be worked out, that feeling of “we’re so close yet so far” it can be a tough time. If you think you need time away from your marriage and live in the Richmond, Chesterfield, Henrico and Harrisonburg areas, Cravens & Noll can help.
In Virginia to get a divorce, there needs to be grounds for it but they don’t have to be fault based grounds (like adultery, felony conviction, cruelty, desertion or abandonment). You can use no fault grounds if you don’t have any fault ground or you do, but would rather have a no fault divorce. To use grounds for a no fault divorce, you have to be separated for a year (or six months if you don’t have minor children and you have a signed agreement in place).
Separation can be a stepping stone to a divorce or a time out that’s needed to repair a damaged relationship. To make the most of this time, here are some suggestions,
- What do you want? Do you want a divorce eventually? Do you want time to see if you can turn the relationship around? You need to be honest with yourself and to your spouse about what you really want. Listen to each other without blaming or arguing.
- Give each other time. Separation can be painful. Your emotions may range from looking forward to a new start to bitterness, anger or hopelessness. Take time to process whatever feelings come up and work through them in your own way. If you think you’re making progress, take more time away than what’s needed to file for a divorce. There’s no hurry.
- Make agreements for everything including bank accounts, bills, living arrangement for your children and insurance issues. Discuss whether dating would be appropriate. If you’re heading towards a divorce, it may not be a big deal. If one of you thinks staying married may be in the cards, dating may be a deal breaker. Talk to an attorney before making a formal agreement.
- Be as kind as you can. Tensions can run high during a separation. You may be close to the edge and fall into old habits of fighting and sniping at each other. Try to let it go. Whether the marriage survives or not, more tension and aggravation won’t do either of you any good.
- Don’t try to change your spouse. If he or she hasn’t changed while you dated or during your marriage, don’t expect it during a separation. If you spouse can’t be on time for anything, lacks much interest in your kids or works too many hours, it will probably continue. Be accepting except if those habits include physical, emotional or sexual abuse. Draw boundaries.
- Be honest with your kids. Unless your kids are very young, they know what’s going on even if they can’t understand everything. Be as honest as you can with them, tell them they’re loved by you and your spouse. What you should skip is dragging your spouse through the mud or blaming him or her for the marriage’s problems. Your kids have enough to deal with, don’t make them pawns in a game to punish your spouse.
- Take care of yourself. Talk to your most trusted friends or family members. Tell them what would be helpful to you right now. See a therapist if you are having a hard time managing your feelings. Your life will probably be very busy and stressful as you move into separation, especially if you have kids. Take some time off to look after yourself each day, even if it’s only fifteen minutes to cool off, focus and think.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage might end in a divorce and want to discuss how a separation would work, call us at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights and your best options for moving forward.
September 13, 2018
How Can I Control the Costs of a Divorce? Four Tips to Reduce Costs
The most important thing a couple can do to reduce the costs of a divorce is to eliminate, or at least narrow as much as possible, whatever areas of disagreement you may have with your spouse. The more disagreements there are and the less cooperation between parties, the costs in time, energy, emotion and money increase. There are many other things to consider when getting a divorce, but reducing the costs of a divorce is key. The attorneys at Cravens & Noll P.C., can work with you to try to limit as many costs as possible.
Reduce the areas of disagreement
Virtually any issue in a divorce such as splitting up assets, spousal support and child custody, if not resolved through an agreement could be litigated so a judge decides the outcome. The more litigation there is, the more costs there are and, depending on the circumstances, they could be substantial. An uncontested divorce, as opposed to one that’s hard fought, has a much lower cost.
That being said, being agreeable for the sake of making a divorce less expensive can have long term costs. You need to at least talk to an attorney before seriously engaging in any negotiations with your spouse. You may have rights you aren’t aware of and be entitled to certain things. You may just give all that up if you aren’t fully informed of the law. It’s much better to make an informed decision on a divorce agreement than quickly making one then later trying to pull it apart.
Resolve your differences with the help of a mediator
If the parties can’t make an agreement amongst themselves a mediator may be a wise investment. A mediator is a neutral third party who tries to help parties resolve disputes. They are often attorneys or retired judges. They charge by the hour and that expense is normally shared by the parties, so there is a cost to using a mediator. But if the parties are open-minded and willing to get help with coming to an agreement this can be far less expensive than litigation.
Retain the right attorney
An attorney is like any other professional. The more he or she has done something, the more knowledge he or she should have, the more effective and efficient the person should be. A “jack of all trades” attorney who takes a variety of cases may charge less but you may end up paying more for the attorney’s on the job divorce training. Things may take longer and the result may cost you far more in the long run than you saved in the short term, especially if a court decision needs to be appealed.
Cooperate with the attorney.
You may dread the divorce process and try to put it out of your mind but that won’t make it go away or speed up the process. If your attorney asks you for information or documents, respond in as timely a way as possible. Be proactive and cooperative. Don’t put things off until the last moment or skip scheduled meetings. The less the attorney needs to follow up with you, the less the attorney has to spend time getting what he or she needs, the lower the bill. Time is money. Don’t waste it.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage will end in a divorce, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights, the potential costs of a divorce and your best options for moving forward.
September 12, 2018
How Does a Hurricane or Natural Disaster Impact Custody Orders?
With Hurricane Florence soon making landfall in the Carolinas and Southern Virginia, families are starting to head for higher ground. Flights are being cancelled. Work and school are being closed city by city in preparation for an all-out natural disaster.
One challenge parents will face is the enforcement of child custody orders during events like hurricanes and other natural disasters. When it is the noncustodial parent’s turn to have children, can the custodial parent violate a court-ordered exchange to keep the children safe? We explore this question in detail for unmarried parents planning to head in separate directions as torrential rains and winds hit the coast.
A Child’s Best Interest is Safety
Virginia courts will enforce custody orders not only so children benefit from both parents’ time, but to adhere to the law. In forming visitation agreements or split custody agreements, one element exists that carries through all things in family law – a child’s best interests.
With this in mind, let us look at how family court may view natural disasters like category 3 hurricanes.
A family law attorney will never advise clients to violate orders. Not only could that jeopardize an arrangement, it could perturb the judge enough to strip time from the violating parent and grant additional time to the parent who lost time.
With that said, judges will also use common sense. Not many families are outdoors when winds hit 80-100 mph; in fact, few drive anywhere except west to avoid being flooded into their homes. If the custodial father is to exchange two daughters at 5pm Saturday, but both parents have been separated by four-foot gullies of water over a mile wide, it is not unreasonable for the parent who has the children to deny the exchange.
A good-faith effort should be made to contact the other parent, however, and pictures of the flooded area should be taken. When the parent who did not receive the children takes the custodial parent to court, proof can be provided to the presiding judge (who clearly watches the news and knows a hurricane touched down), who will likely strike the violation down since the custodial parent was acting in the child’s best interest in protecting him or her from disaster.
Never Outright Tell a Parent No
Regardless if the hurricane hits Category 5 and you are forced to evacuate into the mountains, never outright tell a noncustodial parent that he or she can not have the children as scheduled. Be reasonable, letting the other parent see proof that imminent danger will prevent a safe exchange of the children.
If you have done your part to maintain the custody order and have communicated properly via text or phone, any reasonable human being will understand, including a family court judge.
Looking to retain Cravens & Noll for family law matters? Have questions about child custody attorneys or situations regarding natural disasters? Contact our firm to schedule a no-obligation consultation.
July 9, 2018
Divorce and Self-Employment: Things You Should Know
Divorce, a problematic phase of life becomes more difficult if your partner is self-employed. There is a possibility that your self-employed partner may attempt to cloak his or her assets, which is one of the biggest concerns in such cases. Whereas, if you are a self-employed individual who wish to part ways with his/ her partner, then you must explore all the legal ways to protect your business. It is important that you know how to protect your interests if you are going through a divorce. In this article, we will list down what to expect and how to protect your interests.
Divorcing as a self-employed individual
Your financial health will be affected, if your partner claims that you earn more than you actually do. You need to be ready for it, because your business and your future depends on it. You need to follow the below mentioned divorce tips to protect your interests:
- Collect as many legally valid documents about your business and financial situation as you possibly can. Reliable and legally verifiable information is the key in divorce proceedings, so collect all the information you can.
- Seek professional help. You need to hire an accountant or auditor who can present accurate picture of your business.
Divorcing your self-employed spouse
As mentioned above, your self-employed partner may try to hide his/ her assets to give you less share than you legally deserve. To avoid such situations, you should determine the financial situation of your partner accurately. If you and your partner share a good relationship, then the chances of fraud are less but there always exist a possibility. Therefore, you need to follow the below mentioned points to protect your interest:
- Collect as many legally valid documents about your partner’s business and financial situation as you possibly can.
- Hire a forensic accountant or a business evaluate to find the true worth of your partner’s business.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you are thinking of divorcing your self-employed partner, call Cravens & Noll at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights, the potential costs of a divorce and your best options for moving forward.
May 29, 2018
Questions to Ask Before Hiring a Divorce or Child Custody Attorney
Divorce and child custody cases can be highly emotional and deal with issues that are at the core of what most people hold dear. Who is my family? How do I care for and protect my children? How do I make sure that my children and I are treated fairly? What will my future family life be?
If you’re looking for an attorney, look for someone you can trust
If you’re seeking a divorce or child custody attorney in the Richmond, Chesterfield, Henrico and Harrisonburg areas, you need to find someone you trust with handling these critical issues. Someone who not only knows the law but someone who knows how to handle highly stressful, emotional situations that come with a divorce and deciding which parent has what rights when it comes to child custody.
No matter what legal area you need help with, whether it’s because you’ve been injured in an accident, charged with a crime or getting divorced, you need to trust your attorney. You need to feel comfortable with the person and feel confident that person will fully represent your interests and protect your rights, whether when that’s during negotiations for an agreement between the parties or in court during a trial.
Questions worth asking
Here are some important questions you can ask to help narrow down whom you should work with in a divorce and/or child custody matter.
- Do you specialize in divorce and child custody?
- How much of your work is divorce and child custody cases?
- How many years have you been practicing law?
- How does your knowledge and experience fit with my needs as a client given the facts of my case?
- What approach would you take in my case? Are you very aggressive when dealing with the other attorney or party or are you more inclined to try to work out an agreement?
- What would you expect of me as your client?
- What should I expect from you as my lawyer?
- What are the strengths and weaknesses of my case?
- What outcome I should reasonably expect in my case?
- Do you handle just negotiations, just trial work or both?
- Will you personally be handling my case or will others work on it? If there are others, who are they and what will they do?
- Do you have the time to take on my case and give it the attention I need?
- How much should I expect this to cost? How much time will this take? What might make that cost and amount of time increase or decrease?
- Do you work on retainer?
- Is there an hourly rate in addition to that?
- What happens when my retainer runs out?
- What hourly rate will I be charged if I call and talk to a secretary or paralegal?
- What are the costs, other than your time, that I’ll need to pay?
- How quickly do you respond to phone calls and emails?
- Will you update me regularly about my case?
We earn our clients’ trust every day
Cravens & Noll represents clients in the Richmond, Chesterfield, Henrico and Harrisonburg areas, in all aspects of divorce and child custody, including negotiation, mediation and taking a case to court. We give our clients the opportunity to explain their situation and concerns and talk about the goals they’re seeking.
We understand the emotional toll a divorce and child custody matters can take, in addition to the practical problems it may cause your work life and raising your kids. You can trust us with the legal issues you and your family face so you can focus on living your life and planning for the future. Call us today at (804) 330-9220 so we can schedule a free, initial consultation to discuss your current situation, the future you hope for and how we can help you attain it.
May 15, 2018
What You Should Tell Your Divorce Lawyer When You First Meet
If you’re thinking about getting a divorce and live in the Richmond, Chesterfield, Henrico and Harrisonburg areas, Cravens & Noll offers a free consultation so we can meet in person and talk about your needs and how we can help. This is a very important meeting for both sides because it gives you a chance to see if we’re a good fit for you and if you and your case are a good fit for us.
Honesty is the best policy
You’ll want information from us and we’ll give that to you as best as we can. We will also want information from you. Just as you want us to be honest, we want you to be honest too.
- We can’t help clients if they won’t tell us what’s actually going on.
- You may have made mistakes, done or said something you shouldn’t have or are embarrassed about something. It’s OK to tell us these things.
- We’re ethically obligated not to divulge what you tell us to others (unless you want us to).
- Given all the years we’ve helped people with divorces, all the clients and potential clients who’ve come through our doors, chances are pretty slim you’ll tell us something that we’ve never heard before.
- If something you’re hiding is important and your spouse breaks the news at a critical part in the divorce process and we’re unprepared, it won’t do you or us any good.
- Just as you can fire your attorney, as part of our representation agreement with our clients if you’re not being truthful with us, we might stop representing you too.
Information we may want from you
Some of the information that we could ask for during a consultation includes,
- The basic facts of your relationship, including how long you’ve known each other.
- Why you, your spouse, or both of you want to divorce. What your problems are, when they happened and why they haven’t been resolved.
- Whether you really want a divorce or whether you might want try to find a way to repair your relationship.
- What your goals are, what you want the results to be, in getting a divorce.
- What you would like to tell us about your spouse and what you think your spouse would say about you.
- Whether one or both of you are substance abusers or have addictive habits like gambling which impacted your relationship or finances.
- Whether you or your spouse suffer a disability making it difficult or impossible to hold a job and earn a living.
- Whether the two of you have children with each other and whether one or both of you have children from prior relationships.
- The ages of your children and whether they have any disabilities.
- Whether one of you put off furthering your education or put a premature end to a career to care for your children or support the other spouse in his or her career.
- Whether there is any domestic violence going on currently or if there was any in the past.
- Both of your incomes and how they’re earned.
- What kinds of assets and debts you have, whether you own a house, information about retirement savings or pensions one or both of you may qualify for.
- Whether one or both of you own businesses or whether the two of you own the same business.
- Whether you are trying to hide or shield any assets from the divorce or if you believe your spouse may be doing so.
- Whether one or both of you are in the military or will qualify for a military pension.
Contact us and schedule a free consultation
Cravens & Noll represents clients in the Richmond, Chesterfield, Henrico and Harrisonburg areas in all aspects of divorce, including negotiation, mediation and taking a case to court. We give our clients the opportunity to explain their situation and concerns and talk about the goals they’re seeking.
We understand the emotional toll a divorce can take, in addition to the practical problems it may cause your work life and raising your kids. You can trust us with the legal issues you and your family face so you can focus on living your life and planning for the future. Call us today at (804) 330-9220 so we can schedule a free, initial consultation to discuss your current situation, the future you hope for and how we can help you attain it.
April 14, 2018
When Should I See a Doctor After a Car Accident?
The most important aspect of a personal injury case is the facts. How the law applies to those facts is critical too, but the chances your case will break new legal ground is almost zero. Facts are normally the main reason why a case wins or loses, a settlement is considerable or disappointing. If you’re involved in a vehicle accident in the Richmond, Chesterfield, Henrico and Harrisonburg areas, the cause of your injuries, their extent and long term impact are very important facts in a lawsuit seeking compensation for those injuries.
That’s why you should get medical attention as soon as possible after your accident. If you’re injured or feel so shaken up you shouldn’t drive, after the police arrive, ask for an ambulance if one isn’t already there. If you’re unconscious, semi-conscious or suffered a serious injury the police officer should call for one without you even asking.
See a doctor as soon as possible
If you feel OK and you can drive your vehicle, as soon as possible after the accident, whether that’s directly from the accident scene or no later than the following day, either see your physician or if he or she isn’t available, go to a local medical clinic or hospital emergency department.
This is necessary so whatever injuries you’ve suffered can be addressed as quickly as possible. You may also have injuries that you’re unaware of because you could literally be numb to them because of the stress of the situation. Tests, x-rays, CT scans or MRI’s could be needed to find what, if anything, is wrong with you and if so, what that problem is and what should be done about it.
The exam, tests and treatment help document important facts for your case too. They will establish that the trauma of the vehicle accident caused your injuries, their extent and how they impact you. You may also need to follow up within days of your medical care because some injuries won’t show themselves until some time passes.
Medical records help you prove your case
The longer you delay in seeing a medical professional, the greater the risk the insurance company representing the other party will claim your injuries weren’t caused by the accident. The insurance company may claim you slipped and fell at home, were injured at work or involved in another accident involving a different driver.
Also, with the delay you risk the claim that you’re to blame that the injuries you suffered are so bad. You didn’t act like a reasonable person to get medical attention promptly. As a result you aggravated the injuries, the situation worsened and the insurance company won’t want to pay for your mistakes.
Most vehicle accident injury cases are based on the legal theory of negligence. In these cases the plaintiff has the burden of showing several elements.
- The defendant owed the plaintiff a legal duty to do, or not do, something given the situation (the defendant should not run stop signs).
- The defendant violated or breached that duty (he or she ran the stop sign).
- That breach was, in fact, the cause of the accident (the truck driven by the defendant didn’t stop at the stop sign and collided into the plaintiff’s car).
- The breach was the legal or proximate cause of the accident.
- As a result of the accident the plaintiff suffered injuries and resulting damages.
- Under Virginia law, the plaintiff can receive compensation for those types of injuries.
The plaintiff has the burden of proving all these elements, including number five. Even if there is strong evidence establishing one through four, without being able to prove injuries were caused in the accident, there is no case. Getting medical attention as soon as possible after an accident will help you prove there’s a connection between the accident and your injuries, as well as establishing how severe they are and their impact on your life.
Call our office as soon as possible after your vehicle accident, too
Cravens & Noll handles all types of vehicle accidents for our clients. Not only can we protect your legal rights, we can help you get the medical care you need and deal with the insurance company so you can focus on recovery and living your life. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll’s Richmond, Chesterfield, Henrico and Harrisonburg offices at (804) 330-9220 for a free consultation.
November 17, 2017
Four Tips to Help You Win a Custody Case
If you’re involved in a child custody dispute in Central or Western Virginia the court’s idea of a “win” is an arrangement that’s in the best interests of your child. The legal strategy of custody cases is to convince the judge that your idea or plans for the custody arrangement is in the best interests of the child. The facts of the case are what the judge will consider in making a custody determination The job of an experienced family law attorney is to prepare your case in a manner so as to present the facts that favor the custody arrangement that you feel is best for your child.
Custody arrangements between the parties can be made after negotiations or mediation Custody is divided into legal custody (the ability to make important decisions impacting the child’s life such as medical, religious or educational issues) and physical custody (where the child primarily resides).
If the parents can’t come to an agreement a judge will decide the custody and visitation of a child based Here are some things to think about to improve the chances of success if your custody dispute ends up in court…
Is this about you or your child?
If your custody case is really about revenge against your former spouse or partner and an effort to inflict pain by denying the parent time with the child and the ability to make decisions concerning your child’s life, this may be a battle where there are no winners. If anger is motivating you, not the fact you want what’s in your child’s best interests, you need to re-think what you want and why. If a judge decides you’re engaged in a protracted, painful custody process out of spite you’re doomed to fail. This isn’t about your best interests and desires. It’s about the child’s best interests. The job of an experienced family law lawyer is to persuade a judge based on the facts and evidence presented that the custody arrangement you want is best for your child.
The future may be based on the past.
If you haven’t spent much time with the child or shown much interest in him or her and for whatever reason you’ve been on the sidelines of the child’s life, it’s not realistic to think a judge will issue an order where you will be the primary caregiver and the center of the child’s life. In this situation a win might be shared legal custody and the ability to spend time with the child on a regular and predictable basis. This would allow you to become a bigger part of your child’s life and if your relationship with the child flourishes, you would be in a better position to ask the judge for more time in the future.
Don’t threaten the other parent.
Don’t make physical or emotional threats against the other parent to try to force the parent to agree to the custody arrangement you want. Don’t threaten to stop paying child support or to turn the child against the other parent. A judge will look kindly on a parent who is open to cooperating with the other one. A judge could be very harsh to a parent making threats. The judge could decide it’s not in the child’s best interests to spend a lot of time with a parent who makes threats.
Don’t alienate the child against the other parent.
Do not, through words or actions, degrade the other parent in the eyes of your child, threaten to withhold affection or support to the child, threaten violence against the child or to isolate him or her unless the child turns against the other parent. If you think this will get your child on “your side” to help you get the custody arrangement you want, think again. In all likelihood it will backfire. Chances are the judge will learn about this and may decide it’s in your child’s best interests to stay away from you.
If you have any questions about child custody law or need representation in a Central or Western Virginia child custody matter, call Cravens & Noll at (804) 330-9220 for a free consultation at one of our five offices. We can discuss your situation, how the law may apply, how you can improve your chances of success and how we can protect your legal rights and interests.
June 14, 2017
Virginia Baby Dui’s
Driving After Illegally Consuming Alcohol (“Baby DWI”)
Most everyone knows that the legal drinking age is 21 years old. Most people also know that you can be convicted of Driving While Intoxicated if your blood alcohol concentration (BAC) is at least .08 percent while driving.
Most people do not know that, if you’re under 21 years old, and have a BAC of .02-.07 while driving, then you can be convicted of what some attorneys call a “baby DWI.” A “baby DWI” is the crime of Driving After Illegally Consuming Alcohol, and is codified in Virginia Code section 18.2-266.1. There is a common misconception by people charged with violating 18.2-266.1 that, because people refer to the offense as “baby,” that the charge is “not a big deal.” This couldn’t be further from the truth.
In fact, a violation of 18.2-266.1 is a class 1 misdemeanor like regular DWIs, petit larcenies, assaults and batteries, etc. Therefore, violating 18.2-266.1 can lead to 12 months incarceration. Additionally, a conviction for violating 18.2-266.1 results in a driver’s license suspension of 1 year. If convicted of a first-offense DWI, the offender’s driver’s license is also suspended for 1 year.
If convicted of violating 18.2-266.1, the offender must choose between completing at least 50 hours of community service or paying a fine of at least $500.00. For a first-offense DWI, the law only requires at least a $250.00 fine. Therefore, the minimum fine is actually less for an actual first-offense DWI, than for a “baby DWI.”
People charged with violating 18.2-266.1 usually have a hard time understanding why they are charged with a “baby DWI” if their BAC was less than .08 percent. This is because a violation of 18.2-266.1 does not require intoxication. Look at the title of this article again. 18.2-266.1 is for driving after illegally (underage) consuming alcohol, not driving while intoxicated from alcohol.
Now, if an underage person has a BAC of .08 percent or more while driving, that person will likely be charged with a regular DWI. Again, a DWI conviction requires proof of intoxication, while a “baby DWI” does not.
Both DWI and a violation of 18.2-266.1 are very serious charges, and should be treated as such. Don’t downplay the severity of a “baby DWI” because “at least it’s not a regular DWI.”