CARDON GOODMAN, P.C.

Serving Weekend Jail Time for Reckless Driving
by David A. Cardon, Esquire

Dear Mr. Cardon,
Last month I was driving from North Carolina to Virginia and was pulled over by a Chesapeake police officer and charged with reckless driving (98 mph in a 55 mph zone). I went to court on August 5 and the judge ordered me to pay a $500 fine, suspended my license for 30 days, and sentenced me to serve 30 days in jail. He then suspended 26 days in jail, leaving me with four days to serve. I am twenty years old and this is my first traffic offense ever. The judge said I could serve the days on weekends. I have a few questions about weekend jail time.

1. When serving weekend jail time, how much time is actually spent in the jail?

2. Will I have to do work while in jail? If so, what kind of work would I be doing?

3. What other kinds of criminals would be in jail with me? I would feel uncomfortable being a 20-year-old in jail for
reckless driving around people twice my age, much bigger, etc. in there for much more severe crimes.
Thank you so much for taking the time to read this. I would appreciate any help you could offer me.

NOTE: The writer above asks about the weekend jail program in the City of Chesapeake. However, in my answer below, I have explained the weekend programs for both Chesapeake and Virginia Beach. The procedures below might not apply to other jail programs in other Virginia jurisdictions. Therefore, you should always check with the policies and procedures of the jail in your jurisdiction.

• A second DUI within five years of your first carries a mandatory minimum jail sentence of twenty days. (Up from five.)
 

• A second DUI within ten years of your first carries a mandatory minimum jail sentence of ten days.

• A third DUI within five years carries a mandatory minimum jail sentence of 180 days. (Up from thirty.) A third DUI
  within ten years carries a mandatory minimum jail sentence of 90 days.

• For second offense convictions, you will lose your driving privilege for three years. The judge can only issue a
  restricted driving permit one year after the conviction. Once eligible for a restricted license after one year, the law
  requires installation of the interlock system on your car for six months.

If you receive a DUI in Virginia, you should contact a DUI attorney who can evaluate your individual case. Remember, Virginia judges are not limited to giving just the mandatory minimum punishment outlined above.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .'; document.write(''); document.write(addy_text49410); document.write('<\/a>'); //-->\n This e-mail address is being protected from spambots. You need JavaScript enabled to view it.