Juvenile Law, Teen Driving, Teenagers, Parenting, Driving, Safety, Safety Laws.
What To Do When… Teen Driving Restrictions.
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The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, Will Knows Weed, juvenile defense, juvenile sex crimes, reckless driving, the legalization of marijuana in Virginia, divorce 101, Child Support, and others.
WTDW Podcast | Episode 80: What To Do When… Teen Driving Restrictions.
On this legal video podcast chat in Critzer Cardani’s What To Do When… podcast series, join our hosts Scott Cardani and Will Smith as they chat about What To Do When… Teen Driving Restrictions. This video and audio podcast episode focuses on teens driving and the under 18 years old safety laws here in Virginia.
Tune in today for not only our top take-aways, but also legal insight about the following subject matters and other helpful action items from a ‘legal chat slant’ from Critzer Cardani’s legal partners.
The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, Will Knows Weed, juvenile defense, juvenile sex crimes, reckless driving, the legalization of marijuana in Virginia, divorce 101, Child Support, There is Still Hope and others.
Thank you for sending us your feedback, questions, or topic suggestions for future #WTDW | What To Do When… episodes by emailing [email protected].
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Transcript:
What To Do When… Intro 00:01
Welcome to What To Do When… A podcast from real lawyers with real perspective, where we explore a variety of legal issues and scenarios. Each week we focus on a new topic and discuss what to do when and if any of these legal scenarios ever happened to you or a loved one. With over 40 years of combined legal experience, our hosts offer their unique perspectives and insights on a range of real life legal situations.
Scott Cardani 0:29
Hello and welcome back to another episode of What To Do When… we’re in Short Pump, Virginia today and with Will Smith. Will what’s on the docket for today?
Will Smith III 0:34
Hey, Scott, we’re gonna talk about What To Do When… Teen Driving Restrictions.
Scott Cardani 0:40
Okay, so you have a teenager, right? And they’re starting this horrible process of getting their driver’s license. I think the most scary part about that for me was when they got behind the wheel for the first time and I was in the other seat.
Will Smith III 0:54
Yeah.
Scott Cardani 0:54
But other than that, it went pretty smoothly, yeah?
Will Smith III 0:56
Well, I mean, as long as you don’t have any issues there, and your teen knows what he can and can’t do when he gets out there on the road on his own. You know, I think that there’s some some things and some misconceptions that apply to adults and don’t necessarily apply to teens. But there are certain rules that are in place that can, you know, spell certain consequences for teens depending on what the rule is.
Scott Cardani 1:16
And I know these rules are all covered in their classes, but sometimes, like you said, people don’t do it. I remember in Goochland and Powahtan, they used to have this great thing where you actually had to go into court and listen to a spiel right when you got your driver’s license by somebody. And Goochland had that guy. Oh my, Steve. Sorry, Steve, but Steve was phenomenal. Man. He was just like he had a daughter who died in a car accident, and he had such a passionate way of bringing the information. But these reminders are very important parents, because parents, because sometimes we forget. So Will Why don’t you tell us? What is the probably the number one thing we see with kids driving?
Will Smith III 1:18
Well, I think the thing that should be hammered home is that these are not necessarily to punish new drivers. You know, I think that there have been a number of studies that indicate that these are safety measures that the legislature has put in place in the state of Virginia to ensure that the teens are just driving distraction free. And most of those distractions include, well, there are three things we’re going to cover today. One is the curfew restrictions, as far as when they can travel. The second is the passenger restrictions. And then lastly is the cellular telephone, wireless handheld, wireless, okay, communication.
Scott Cardani 2:22
Let’s start right there. We’re curfew. So give us a little bit of the curfew issue, right?
Will Smith III 2:27
So in the state of Virginia, any driver under the age of 18 cannot drive between the hours of 12am and 4am with let’s get
Scott Cardani 2:36
this whole 12am 4pm we’re talking about midnight, folks, because people get this stuff all the time wrong, but midnight, I’m just being funny. So midnight to what time?
4AM – a four hour window that you know you’re restricted. You’re not supposed to be out on the street.
Okay. Are there any exceptions to that?
Will Smith III 2:51
There are exceptions. The exceptions include driving to and from work. So if you have a job that requires you to work after hours, then that’s going to be fine.
Scott Cardani 2:59
Okay.
Will Smith III 3:00
The second exception is if you are supervised by an adult under the age of 21 who is sitting in the passenger seat of a car.
Scott Cardani 3:08
Over or under or over the age of 21?
Will Smith III 3:10
I think I said under. I meant to say over.
Scott Cardani 3:12
I was gonna say, it might be fun.
Will Smith III 3:15
Then lastly, in the situations where there’s an emergency, there’s an emergency, and it happens between 12 and four, you know, you have to do what you have to do in order to get out.
Scott Cardani 3:24
Okay, so mom’s sick in the middle of the night, maybe you can take her to the hospital and not get in trouble.
Will Smith III 3:28
That’s right, that’s right.
Scott Cardani 3:29
All right. Okay, let’s go on the next one. So there’s other restrictions.
Will Smith III 3:33
The other restrictions are passenger restrictions. And if you were a driver under the age of 18, you can only have one passenger under the age of 21, years old, driving in the vehicle, unless, again, if there’s a parent or guardian who is riding, you know, in the front seat, for a passenger seat,
Scott Cardani 3:50
Okay, so if mom’s with me and I’m taking a bunch of kids to the game, I’m probably okay.
Will Smith III 3:55
Yes, up to three, up to three people.
Scott Cardani 3:57
Right – Nice. So we’re going down to New Kent for the game, big game, the championship game. And I want to take my friend Edgar, John and Samantha with me. Not going to fly, right?
Will Smith III 4:11
Not, not just that way. No, that is only going to be allowed if you have someone who’s over the age of 21 who is riding or and that person has to be either a parent or in loco parentis, as we say. So is standing in, is in, in the shoes of a parent.
Scott Cardani 4:11
And parents, I just want you to understand this is probably one of the things we see a lot with kids, is they get their friends in the car. Because once you get that freedom, it’s just so easy to say, hey, we’re going to Taco Bell. Let’s, you know, let’s go. We’re going over to, you know, the Goochland drive in, or whatever it is. It just makes sense. But we’ve got to remind you that it’s only one. Now, there is another big exception that we’ll talk about real quickly. Is family members.
Will Smith III 4:52
Correct.
Scott Cardani 4:52
So you can take your brothers and sisters in the car with you. And I, I think the idea is there basically that it’s your. Family. So you if parents are putting them at risk, they’re kind of doing it on their putting their own family.
Will Smith III 5:04
Sure, sure.
Scott Cardani 5:05
But there are, you know, obviously the more people in a car, I know, I get distracted with more people in the car I can, I have the ability to tune them out.
Will Smith III 5:13
Sure – that’s true, one of those things that they put in place. I believe it was in 2002 so it’s been 20 plus years since that restriction has been in place. You know, the one passenger rule. And again, I think that is entirely with the idea of safety first and reducing distractions.
Scott Cardani 5:30
Right. And is there any other restrictions we need to worry about?
The last one that I want to cover is cellular telephone. So, you know, here in Virginia was it 2021 or 2022? Where they changed the law so that any driver could not have a handheld device, couldn’t be on your cell phone, had in your hand, right? Had to be wireless, had to be Bluetooth connected in order to be able to communicate on a cell phone for juvenile or for drivers under the age of 18, they can’t use a cell phone no matter what. So whether they’re holding it, that’s against the law. If, even if they have it connected to their Bluetooth and they’re talking on the phone, that’s also against the law. So where adults have the ability to, you know, drive and have their Bluetooth and speak on the phone, the younger drivers don’t have that same luxury, okay?
And folks, we’re, we are seeing a lot of uptick, just so you know, in handheld violations, cell phone violations, they they’re, they’re really starting before, if you remember, they really couldn’t pull you over for that.
Will Smith III 6:22
Now they can.
Scott Cardani 6:22
They can. And so when I see a lot of police officers, I was, I think it was in Goochland a couple months ago, and I there must have been five or six back to back to back of and people are getting fined, pretty hefty. So even adults, remember, make sure you’re on some kind of non handheld device. I can’t think what they’re called.
Will Smith III 6:55
You’re right now, yeah, hand. I mean, not non handheld wireless, you know, or Bluetooth connection. I mean, that’s what we’re looking for, for adults, but for kids, just you can’t have it at all, you know? So if you get caught with that, then it’s going to be the same, same penalties, essentially, that you would have for the other two violations that we’re talking to, the curfew violation and also the driver passenger restriction violation.
Scott Cardani 7:15
Alright folks, well, remember, you got a young person driving. Remember, there are, say, a curfew violation, from 12am midnight to 4am where your child shouldn’t be driving unless they have an excuse, which we went over. Number two, there should be there’s a passenger restriction in your car, usually one, unless you have some justifiable excuse there. And finally, basically with a cell phone as a under age under 18 year old person, it’s a no no period.
Will Smith III 7:45
Right. And the violation in all three cases is a license suspension of six months.
Scott Cardani 7:49
Which you know you’re starting to process over so yeah, folks, thanks for listening today. Like and subscribe, and if you have any questions, please call here. Call us here at Critzer Cardani, thank you. Have a good day.
Will Smith III 8:01
Take care.
What To Do When… Outro 8:02
We hope you’ve enjoyed this episode of What To Do When… For more episodes, be sure to subscribe to our podcast and we encourage you to check archives to listen to previous topics. Tune in next week for a new episode and some fresh perspective from Critzer Cardani.
Need Legal Representation? Contact Critzer Cardani.
We look forward to helping you in this venture and Good Luck!
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