Virginia Highway Safety Laws- A Basic Guide for Drivers and Motorcyclists

Like all states, Virginia has its own set of traffic laws that apply to all who drive or bike in the state.  The Governors Highway Safety Association has compiled a list of key highway safety laws for every state in the nation.  In this article we will be reviewing many of these laws.  As personal injury and criminal law attorneys we consider it our duty to inform you of your rights.  Knowing these rights, and the basic laws in Virginia, can help protect you before and after a car crash or arrest.  We hope understanding the basic highway laws in Virginia will do just that.

  • Aggressive Driving- In Virginia the following actions constitute aggressive driving when it is done with the intent to harass, injure or obstruct another person: failure to drive on the right side of the highway, driving outside of marked lanes, following too closely, failure to yield or stop before entering a roadway, passing when overtaking a vehicle, passing on the right, speeding and stopping on a highway.
  • Cell Phone and Texting- The cell phone and texting ban in Virginia applies to novice drivers and school bus operators. All drivers are banned from texting while driving, though it is a secondary offence.
  • Child Passenger Safety- Under this Virginia law all passengers under age seven must be restrained in a car seat. Children under seven are required to be in the back seat if available. Children ages 8-17 must be wearing a seat belt at all times.
  • Drug Impaired Driving- In Virginia there is a per se law on drug impaired driving. This means that prohibited substances in a drivers body are grounds for criminal charges and arrest.
  • Drunk Driving- A first drunk driving offence in Virginia will result in a 7 day license suspension. There is an increased penalty for drivers with a BAC of over .15 and repeat offender laws do apply.
  • Sobriety Checkpoints- Sobriety checkpoints are legal and conducted at least weekly in Virginia.


The staff and attorneys at Tavss Fletcher hope that the previous information helps you better understand the traffic laws that affect you.  If you believe that you have been unfairly ticketed or arrested please contact your Virginia and North Carolina criminal law attorneys today for your free consultation.