Top Rated Henrico County VA Traffic Lawyer • 1500+ Client Reviews
Henrico County is part of the Greater Richmond Region. Henrico County Police and State Troopers aggressively enforce the traffic laws in Henrico VA. The State Troopers patrol the Interstates and the county police typically patrol the county. The Virginia Motor Vehicle Code classifies traffic offenses. A traffic offense can either be a felony, a misdemeanor, or a traffic infraction. The most serious offenses are felonies. Most traffic tickets are for infractions, but some are actually criminal misdemeanors. It is always a good idea to consult a traffic attorney for any traffic law violation. CAUTION: A Henrico VA Traffic Violation may increase the automobile insurance premium by as much as 79% depending on the offense according to Insurance.com.
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Henrico VA Traffic Ticket
Riley & Wells Attorneys-At-Law is a prestigious local Henrico County VA law firm. Our lawyers have been representing clients before the Henrico Courts for decades. Our firm is a recognized “Best Law Firm” according to U.S. News & World Reports. Our attorneys have accumulated over 60 years of collective traffic law experience. Our firm has been recognized by the legal community for superior legal ability and high ethical standards. We can help prevent bad things from happening to our clients. Our firm has been reviewed more times than any other law firm that defends Henrico County VA traffic violation cases. We examine every case in detail. Our goal is to secure each client the best possible outcome. We offer free consultations.
Henrico County VA Traffic Lawyer Client Review
Traffic Law Penalties if Convicted – Henrico County VA
- Fines up to $2,500
- Incarceration for felony & misdemeanors
- Loss of driving privileges
- Moving violation demerit points
- Auto insurance policy increases
- Potential employment issues
Exceptional Traffic Court Representation Henrico County VA
Traffic case goes before the Judge on the trial date in the Henrico General District Court. The defendant motorist must either retain a Henrico County VA traffic lawyer or the motorist must appear in court to defend the case. The procedural rules of trial are very rigid and are followed closely by the Judge. Non lawyers are often confused by these rigid procedural rules, especially the rules of evidence. Evidence and arguments are presented to the Judge. Do not plead guilty or pre-pay a traffic ticket without first consulting an attorney. Improve your chances of successfully defending your case by retaining a top rated Henrico County VA traffic lawyer who will present your best defense. Let us review your case.
Riley & Wells Attorneys-At-Law Can Defend Any Henrico VA Traffic Violation
- DUI / DWI
- Habitual offender
- Eluding the police
- Hit & Run
- No valid driver’s license
- Fail yield to emergency vehicle
- Driving revoked 18.-272
- Suspended driver’s license
- Commercial driver violations
- Reckless driving
- No automobile insurance
- Handheld cellphone use while driving
- Fail to “Move Over”
- Out of state driver
- Speeding ticket
- Accidents
- Moving violations
- Restoration of driving privileges
- Toll violations
Henrico County VA Attorneys Interstate Traffic Violation Defense
Henrico County’s central Virginia location makes it the hub of various heavily travelled interstates and highways. Henrico County has the 3rd largest road network system in Virginia. Interstates 95, 295 and 64 crisscross the county. The Virginia Department of Transportation (VDOT) maintains over 700 miles of interstates and roadways in Henrico County. Henrico County Police & State Police patrol these highways and are aggressive with enforcement. The rest of the county is also regularly patrolled which include the communities of Short Pump, Glen Allen, Lakeside, Tuckahoe, Highland Springs, Sandston and Varina. Do not plead guilty to your case without first consulting a local top rated Henrico VA traffic attorney. In Virginia, a conviction is permanent and cannot be expunged.
Free Consultation with Most Rated Henrico VA Traffic Lawyers
Some folks think they do not need a Henrico VA traffic lawyer for their case. One of the biggest issues with representing yourself is being able to make it to the courthouse for trial. The average person typically does not understand the best course of action to defend a particular traffic case. Experienced Henrico County VA traffic attorneys know the best tactics and options for obtaining the best results. Our lawyers spend hours in the Henrico VA Courts every week and are familiar with the habits of the different judges and the law enforcement officers who make the arrests and issue tickets for traffic violations. This local knowledge is invaluable in order to present the best defense.
Henrico VA Traffic Attorney Recognized by Virginia Super Lawyers Since 2009
Super Lawyers is a legal rating service of outstanding lawyers from over 70 practice areas who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top rated lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our Henrico County VA law firm has been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a Henrico County VA traffic attorney who has been recognized by Virginia Super Lawyers with this elite award.
Henrico Virginia Trial Courts Are Adversarial By Design
If you have been accused of a Henrico County VA traffic violation, then your case will eventually be set for trial before the Henrico County General District Court. Trials are adversarial in nature. This involves a structured and formalized dispute between the defense and the Henrico County Commonwealth Attorney’s Office. The adversarial system is designed to ensure a fair trial according to the rules of law and evidence by allowing each party to present their case and challenge the other party’s evidence and arguments. The Henrico County judge evaluates the evidence, arguments, and reaches a verdict. This system ensures that the prosecution meets its high standard of proof. Our Henrico VA traffic attorneys can help you with your case.
Virginia Uniform Summons Traffic Ticket Issued by Henrico Police
A Virginia Uniform Summons is the legal document issued by Henrico County VA law enforcement officers during a traffic stop. Motorists often refer to this document as either a traffic ticket or citation. The summons serves as legal notice for the alleged traffic violation. Signing the summons is not an admission of guilt. The summons advises you that a hearing will be at the Henrico County Courthouse on a particular date and time. A law enforcement can also issue a summons for criminal offenses such as reckless driving and other misdemeanor offenses. Allow our top rated Henrico VA traffic lawyers to review your summons. We can develop a defense strategy even if you think you are guilty.
Out of State Driver Retain Top Rated Traffic Lawyer Henrico VA
Out-of-state drivers must defend their Henrico County traffic ticket because a conviction will be reported back to the home state. The home state and automobile insurance company may then take action against the driver. Henrico County is along the Interstate 95, 295 & 64 corridors. As such, many licensed drivers from other states like Florida, Georgia, South Carolina, North Carolina, Maryland, District of Columbia, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire & Maine drive through Henrico VA. In many instances, we can make a motion to waive our client’s appearance so that our client does not have to return to Henrico VA for the trial. Let our Henrico VA traffic lawyer review your case!
Holding Cell Phone While Driving is a Henrico VA Traffic Violation
Henrico police aggressively enforces the Virginia “Hands Free” driving law. The law prohibits having a phone or handheld personal communication device in your hand while driving pursuant to Va. Code §46.2-818.2. The Henrico County police officer does not need to obtain evidence that you were doing anything in particular on the phone or device like texting to prove a violation. This offense is a moving violation demerit point offense. A conviction will post to the driving record. However, there are exceptions. The hands free law does not apply to drivers who are lawfully parked or stopped, drivers reporting emergencies, and drivers using an amateur or citizens band radio.
Henrico County Traffic Accident Defense Attorney
Traffic accidents happen. Most automobile crashes that occur in Henrico County are investigated by the police. In many cases, the Henrico police officer or state trooper will be looking for evidence of a traffic violation. If sufficient evidence exists, then a Virginia Uniform Summons will likely be issued for the alleged traffic violation. The investigating Henrico law enforcement officer almost is never an actual eye witness. The police officer collects evidence to later present at trial along with issuing subpoenas to actual eye witnesses along with the help from the Henrico Commonwealth Attorney. If you have been involved in an accident and been charged with a traffic offense in Henrico County, then you need an experienced attorney.
Common Traffic Violations Involving Henrico County Accident Cases
§ 46.2-804 Unsafe Lane Change
For the purposes of this section, “traffic lines” includes any temporary traffic control devices used to emulate the lines and markings in subdivisions 6 and 7.
Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following:
1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section;
2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that lane until the driver has ascertained that such movement can be made safely;
3. Except as otherwise provided in subdivision 5, on a Henrico County highway which is divided into three lanes, no vehicle shall be driven in the center lane except when overtaking and passing another vehicle or in preparation for a left turn or unless such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signed or marked to give notice of such allocation. Traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device;
4. The Commissioner of Highways, or local authorities in their respective jurisdictions, may designate right lanes for slow-moving vehicles and the Virginia Department of Transportation shall post signs requiring trucks and combination vehicles to keep to the right on Interstate Highway System components with no more than two travel lanes in each direction where terrain is likely to slow the speed of such vehicles climbing hills and inclines to a speed that is less than the posted speed limit;
5. Wherever a Henrico County highway is marked with double traffic lines consisting of a solid line immediately adjacent to a broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, except (i) when turning left for the purpose of entering or leaving a public, private, or commercial road or entrance or (ii) in order to pass a pedestrian or a device moved by human power, including a bicycle, skateboard, or foot-scooter, provided such movement can be made safely.
Where the middle lane of a highway is marked on both sides with a solid line immediately adjacent to a broken line, such middle lane shall be considered a left-turn or holding lane and it shall be lawful to drive to the left of such line if the solid line is on the right of the broken line for the purpose of turning left into any road or entrance, provided that the vehicle may not travel in such lane further than 150 feet;
6. Wherever a Henrico County highway is marked with double traffic lines consisting of two immediately adjacent solid yellow lines, no vehicle shall be driven to the left of such lines, except (i) when turning left or (ii) in order to pass a pedestrian or a device moved by human power, including a bicycle, skateboard, or foot-scooter, provided such movement can be made safely; and
7. Whenever a Henrico County highway is marked with double traffic lines consisting of two immediately adjacent solid white lines, no vehicle shall cross such lines.
A violation of this section is punishable by a fine of $100.
§ 46.2-816 Following Too Close
The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the Henrico County highway at the time.
§ 46.2-833 Fail to Obey a Traffic Light
A. Signals by traffic lights shall be as follows:
Steady red indicates that moving traffic shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a steady green arrow.
Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection.
Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared.
Flashing circular red indicates that traffic shall stop before entering an intersection. Such traffic shall yield the right-of-way to pedestrian and vehicular traffic lawfully within the intersection.
Flashing red arrow indicates that traffic shall stop before entering an intersection. After stopping, traffic may cautiously enter the intersection to turn in the direction of the signal. Such traffic shall yield the right-of-way to pedestrian and vehicular traffic lawfully within the intersection.
Flashing circular amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances. Such traffic shall yield the right-of-way to pedestrian and vehicular traffic lawfully within the intersection.
Flashing amber arrow indicates that traffic may turn in the direction of such signal with reasonable care under the circumstances. Such traffic shall yield the right-of-way to pedestrian and vehicular traffic lawfully within the intersection.
B. Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider:
(i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter,
(ii) exercises due care as provided by law,
(iii) otherwise treats the traffic control device as a stop sign,
(iv) determines that it is safe to proceed, and
(v) yields the right of way to the driver of any vehicle approaching on such other highway from either direction.
C. If the traffic lights controlling an intersection are out of service because of a power failure or other event that prevents the giving of signals by the traffic lights, the drivers of vehicles approaching such an intersection shall proceed as though such intersection were controlled by a stop sign on all approaches. The provisions of this subsection shall not apply to: intersections controlled by portable stop signs, intersections with law-enforcement officers or other authorized persons directing traffic, or intersections controlled by traffic lights displaying flashing red or flashing amber lights as provided in subsection A.
D. The driver of any motor vehicle may be detained or arrested for a violation of this section if the detaining law-enforcement officer is in uniform, displays his badge of authority, and (i) has observed the violation or (ii) has received a message by radio or other wireless telecommunication device from another law-enforcement officer who observed the violation. In the case of a person being detained or arrested based on a radio message, the message shall be sent immediately after the violation is observed, and the observing officer shall furnish the license number or other positive identification of the vehicle to the detaining officer.
Violation of any provision of this section shall constitute a traffic infraction punishable by a fine of no more than $350.
§ 46.2-852 Reckless Driving - General
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any Henrico County highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
§ 46.2-853 Reckless Driving - Vehicle Not Under Control
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in Henrico County.
Petition Henrico Circuit Court to Restore Virginia Driving Privileges
Convictions for certain offenses will revoke Virginia driving privileges. This can be the case with certain DUI / DWI convictions or from an old Habitual Offender revocation. The most common scenario that requires petitioning the Henrico Circuit Court for restoration of driving privileges is a conviction for third offense DUI / DWI within a 10 year period. In most cases, a driving privilege revocation will require that a Petition to Restore Driving Privileges be filed and argued before the Henrico County Circuit Court. We frequently represent clients with this Petition. A common scenario involves a petitioner from another state whose Virginia driving privileges were revoked by the Henrico Circuit Court years ago and needs the Virginia DMV block or hold removed.
Superb Avvo Rated Henrico VA Traffic Lawyers
The Avvo Rating can help you find the right Henrico VA traffic lawyer. Avvo comes from “avvocato”, which is Italian. Avvo is a legal directory that rates lawyers using a special model on a scale of 1 (Extreme Caution) to 10 (Superb). Members of our Henrico VA traffic law firm maintain a 10.0 Superb Avvo rating. Avvo gathers relevant information from state bar associations, other organizations that license legal professionals and consumers to calculate the Avvo rating. The same set of standards is used for all lawyers evaluated. The Avvo rating is merit based. You cannot pay a fee to improve your Avvo rating. Exercise caution when you consult with a Henrico VA traffic lawyer who is not properly rated.
Henrico County Drivers License Traffic Violation Attorney
Driving on the highway in Henrico County without a driver’s license can be more serious than you think. The Virginia motor vehicle code prohibits various different types of driver’s license offenses. Some are just minor infractions like not having a valid driver’s license in your possession and some are more serious like driving intoxicated with a revoked driver’s license due to prior DUI / DWI convictions pursuant to Va. Code 46.2-391. A violation of 46.2-391 can actually be a felony. If you have been charged with a driver’s license traffic violation then it would be wise to first consult with a top rated Henrico VA traffic lawyer. Your case may be more serious than you think.
Driving on a Henrico County Suspended Driver’s License DISMISSED
Our Henrico County traffic attorneys represented a client who was accused of driving on a suspended driver’s license pursuant to Va. Code 46.2-301. The client initially lost his driving privileges due to a DUI / DWI conviction years ago and never restored his privileges because he did not complete the court ordered VASAP classes. The client was facing a jail sentence and loss of driving privileges if convicted of this suspended driver’s license case. Like every criminal and traffic offense, the prosecution must prove every element of the alleged offense beyond a reasonable doubt. In this case, we were able to develop defenses to the reason for the traffic stop and convinced the Judge to dismiss the case.
Extensive Experience & Specialized Training Make Better Advocates
Our Henrico County VA traffic law firm includes members of some of the most prestigious legal organizations, such as the the Virginia Trial Lawyers Association (VTLA). The VTLA is dedicated to enhancing the skills, knowledge, and professionalism of trial lawyers. Our Henrico VA traffic lawyers receive special training on how to best defend Henrico County traffic cases every year from this organization among others. You will need a trial lawyer if you have a pending traffic case. It is in your best interests to consult a Henrico VA traffic lawyer with specialized training if you need representation before the Henrico Courts for a criminal law allegation or a summons for a traffic violation. We will present your best defense!
Henrico County VA Reckless Driving Speeding DISMISSED
In this case, our Henrico traffic lawyers represented an out-of-state client who was licensed to drive in North Carolina. The allegation involved driving faster than 85 mph. Our client was charged with reckless driving speeding according to Va. Code 46.2-862. This law criminalizes driving faster than 85 mph regardless of the speed zone. Reckless driving in Virginia is a criminal misdemeanor. The penalties for a criminal misdemeanor reckless driving conviction can be severe. We were able to represent and protect the client without her having to return for court. In many instances, we can prevail with a motion to waive our client’s appearance. Our Henrico County VA reckless driving lawyers convinced the Court to dismiss the case.
Henrico VA “AV Preeminent” Traffic Lawyer • Martindale-Hubbell Top Rating
For over 135 years, Martindale-Hubbell has been the authority for evaluating the legal ability and ethical standards of attorneys through a Peer Review Rating system established by judges and attorneys. Riley & Wells Attorneys-A-Law is a Henrico County Virginia AV Preeminent® rated traffic violation defense law firm. The top Martindale-Hubbell rating standard. This is awarded to lawyers who are ranked at the highest level of professional excellence for legal expertise, communication skills, and ethical standards. Retain a top rated Martindale-Hubbell AV Preeminent rated Henrico VA traffic lawyer for your case. Review the law firm’s legal rating and exercise caution before you retain a Henrico VA traffic attorney with an inferior rating for legal ability and ethical standards.
Henrico Traffic Violation Convictions Are Assessed DMV Demerit Points
There are numerous types of DMV demerit point violations. Demerit points are assessed by the DMV when a driver is convicted of a demerit point offense in the Henrico Courts. Demerit points associated with a Henrico conviction remain valid for two years from the date the Henrico County offense is committed. Different violations carry different point assignments, depending on the seriousness of the offense. Convictions for serious offenses such as reckless driving carry 6 demerit points. One safe driving point is assigned for each full calendar year without any violations or suspensions. A motorist may accumulate a maximum of five safe driving points. For out-of-state drivers, the Henrico VA traffic conviction is eventually reported to the home state DMV.
Henrico VA Attorney for Traffic Violation Case
Henrico County is a large community and operates a busy Courthouse complex. Many of the cases before the Henrico Courts are for traffic violations. The Henrico law enforcement community aggressively enforces the traffic laws throughout the county. The Henrico Division of Police is a 600 member police department. It is the primary agency that investigates traffic violations and takes enforcement action. The other lead agency that enforces the traffic laws in Henrico County is the Virginia State Police. Our Henrico County VA traffic lawyers represent clients before the Henrico Courts regardless of which police agency case makes the arrest or issues the traffic ticket. We have the experience to present your best defense before the Henrico General District Court.
Henrico County Window Tint Traffic Violations DISMISSED
It is unlawful to operate a motor vehicle on a Henrico County highway with tinted windows pursuant to Va. Code 46.2-1052. A first offense violation is a no demerit point traffic infraction. It is a criminal misdemeanor for a person or firm to apply or affix window tint to a motor vehicle in Virginia pursuant to paragraph (D)(3). No law-enforcement officer shall stop a motor vehicle for a violation of this section. That makes a window tint a secondary violation. There are exceptions to the window tint law based on how dark the window tint is or if there is a medical waiver among other defenses. Click on image for actual court records DISMISSED Henrico window tint cases.
Driver Improvement Program For Henrico County VA Traffic Cases
A Driver Improvement Program is an educational course designed to improve the knowledge and driving skills of participants. One of the main purposes of a Driver Improvement Program is to provide a pathway for traffic court defendants to mitigate the consequences of their Henrico County VA case. Completing a program may assist a top rated Henrico VA traffic lawyer in convincing the Henrico Judge to dismiss or reduce the case. The duration of a Driver Improvement Program can either be a 12 hour course or an 8 hour course. The program has in person and online formats. Consult our Henrico County traffic attorney to understand your options before you pursue a driver improvement program for your traffic case.
Henrico County VA Traffic Lawyers Defend Speed Trap Cases
Henrico County police officers and State Troopers issues thousands of traffic tickets every year. Many are speeding violations. Speed traps are an area of the road that Henrico police officers heavily monitor to catch people speeding. Technically defined as an area of road where Henrico police officers hide in order to detect vehicles exceeding a speed limit. Many local governments rely heavily on fines from traffic cases. Governing Magazine conducted a study and named Brunswick, Greensville, Eastville, Emporia, LaCrosse, Sussex, & Waverly as the local governments that rely most on theses fines. Out-Of-State motorists often find themselves the victim of this speed trap. Consult us before you plead guilty.
Henrico Traffic Violation Amended to Failure to Obey Highway Sign No Points
A failure to obey a highway sign (Va. Code 46.2-830) conviction in Henrico County will add three demerit points to the driving record. This traffic violation is rarely enforced. On the other hand, a conviction for failure to obey a highway sign while sleeping (Va. Code 46.2-830.1) is a no demerit point traffic violation. This offense is also rarely enforced. An experienced top rated Henrico County traffic attorney can sometimes use Va. Code 46.2-830.1 in a way that benefits the client. A conviction for 46.2-830.1 is a great plea bargaining technique and protects the client’s driving record from a moving violation demerit point offense. Click on the image to see actual court record.
Henrico County Traffic Camera License Plate Reader
Henrico County Police currently uses about 87 automatic traffic license plate readers. The motion-activated traffic cameras are mounted to locations across Henrico county and continuously search for vehicles tied to crime. They can also search for vehicle characteristics such as color, make, model or body type. Cameras search for plates and car characteristics that are tied to certain search parameters, such as a missing person, stolen vehicles or a car involved in a robbery. Henrico police officers are notified with a “hit” when a matching car is found by one of the county’s traffic cameras. Through the first six months of 2024, Henrico Police have received more than 30,000 alerts from license plate readers, about 170 per day.
Henrico’s 87 License Plate Readers Triggered 30,000 Alerts in 6 Months
Over the past two years, Henrico County has been expanding its system of cameras that search for cars by license plates and characteristics.
Those charged with finding and convicting criminals say the cameras have been a helpful tool for catching criminals. Some legal and legislative experts are concerned about the technology’s potential and that it can infringe on rights against unlawful searches and seizures.
Henrico County currently uses about 87 automatic license plate readers from the company Flock Safety. The motion-activated cameras are mounted to locations across the county and continuously search for vehicles tied to crime. They can also search for vehicle characteristics such as color, make, model or body type.
Here’s a breakdown of all the alerts from Henrico’s license plate readers from January to June 2024.
31,479: Total hotlist alerts
15,723: Non-owned custom hotlist alerts, or hits on plater reader cameras in other jurisdictions
10,971: Custom hotlist alerts
2,546: Stolen license plate
637: Stolen vehicle
525: Sex offender
426: Gang or suspected terrorist
285: Protective interest
194: Protection order
89: Warrants
80: Missing person
2: Violent person
1: Canadian Police Information Centre data records
Cameras search for plates and car characteristics that are tied to certain search parameters, such as a missing person, stolen vehicles or a car involved in a robbery. Police are notified with a “hit” when a matching car is found by one of the county’s cameras.
Through the first six months of 2024, Henrico received more than 30,000 alerts from license plate readers, about 170 per day.
Henrico County Commonwealth’s Attorney Shannon Taylor said the cameras have been an effective and versatile tool in apprehending suspects.
Henrico County Commonwealth’s Attorney Shannon Taylor
Taylor
“Not only has it been helpful in not only, for example, a decrease in auto larcenies, but the idea that we’ve been able to solve violent crimes,” Taylor said. “Even when we’re talking about stolen automobiles, missing persons, it can be utilized in so many different ways.”
Henrico first purchased 50 of these automatic license plate readers in 2022 with an option to renew and buy more cameras at $2,500 per camera per year, plus potential add-ons. Taylor said that number is now 87 operational cameras in the county.
A police spokesperson said the technology has been “extremely useful” in a variety of investigations so far. Neither the chief of police nor police officials were made available to speak on the topic.
Other Virginia departments have also been using plate readers. Seven Hampton Roads law enforcement agencies have installed more than 450 of them as of May. Richmond and Chesterfield County are also using plate readers.
A Hanover County police spokesperson said the county has access to the Flock database and that there are two automatic license plate readers mounted to police cruisers but did not confirm if the county has fixed cameras on roads.
Caution over plate readers
Not everyone has a favorable view of plate readers. Some say their use can focus too harshly on minority communities that are already heavily policed. Others have branded these cameras as “mass surveillance” devices that infringe on people’s expectations of privacy.
Chris Kaiser, policy director at the American Civil Liberties Union of Virginia, says plate readers largely lack any coherent regulation for how they can be used.
“There’s nothing inherently wrong with the technology,” Kaiser said. “The problem so far has been the cavalier way that devices have been adopted and rolled out into communities without appropriate rules and safeguards on how they need to be used.
“That jeopardizes not only civil liberties but also potentially the integrity of criminal cases that we want to see adjudicated.”
In May, a Norfolk judge suppressed evidence from a case that was gathered using Flock plate readers. Judge Jamilah LeCruise wrote that the “prolonged tracking of public movements with surveillance” invades a citizen’s expectation of privacy, therefore should require a warrant.
Officers in that case made an arrest based on Flock evidence without getting a warrant.
Meanwhile, the same issue was raised with two other circuit court judges in Norfolk and Chesterfield. Judges in those cases said plate readers were not a privacy violation and did not require a warrant for police to investigate.
Taylor said she expects there to be legal challenges based on plate reader usage in Henrico, but she is confident the county is covered and is not violating any privacy laws.
Henrico’s policy for using plate readers says a “hit” in the Flock system alone is not enough to initiate a stop or make an arrest. Officers are required to “confirm a positive ‘hit’ prior to any enforcement action being taken.”
Advocates have also said the use of these cameras has the potential to target higher crime communities, which are typically poorer, minority communities, rather than wealthier and white communities.
Taylor said Henrico County police Chief Eric English has been very purposeful in placing Henrico’s plate readers so they do not target high-crime neighborhoods specifically.
Virginia studying plate reader use
Virginia lawmakers have been trying to put legal safeguards in place around plate readers in each of the past three years.
Those bills wanted to limit the use of plate readers to scanning, detecting and identifying license plate numbers involved with specific crimes. Those crimes included stolen vehicles, missing or endangered people, human trafficking, vehicles involved in killing of police animals, suspected acts of terrorism and violent felonies.
Another provision would see regulations around how plate-reader data is stored.
Senate of Virginia
State Sen. Lashrecse Aird, D-Petersburg, who has been an advocate on many criminal justice bills, says one of the more important questions being considered in legislation is how long law enforcement can have access to people’s movements through cameras.
“What is the right timeline, is it 48 hours, is it more?” Aird said. “How long a personal private movement is accessible by law enforcement, particularly when there is no cause for review because … in other states you really could establish a pattern of someone’s movement even when they are law-abiding citizens.”
Plate readers not only capture pictures of the car but also the entire scene around it. That could include nearby cars or people walking on the street. While that information is not currently being used, Aird says there’s nothing stopping companies from using it in the future.
Flock systems hold data for up to 30 days before it is wiped, according to the company.
“Members want to ensure privacy protections for innocent bystanders whose data is being captured by this technology,” Aird said. “What we don’t want is to create a surveillance state in the commonwealth of Virginia.”
Flock’s CEO Garrett Langley said in a March 2022 interview with the Georgia Tech Business Network that he thought Flock cameras had the potential to reduce the number of traffic stops. He said instead of broadly searching for “any” white sedan, the technology could show police “the” white sedan involved in a crime.
“Today, a patrol officer is going to drive around without Flock and just look for something suspicious and go act on it,” Langley said in the interview. “That’s incredibly subjective. But that’s all they have available today.”
Answering questions about the ethics of the technology, he said questions around privacy were “unnecessary” because companies such as Google and Meta are already harvesting so much data about individuals.
“We actually don’t know who is in the car, nor do we care,” Langley said. “All we care about is that this car is stolen.”
At the time, Langley said Flock was operating in 1,400 cities.
The Virginia Crime Commission is currently studying plate readers and will report back its findings during the 2025 General Assembly session. That could lead to the adoption of a blanket set of rules for all localities in Virginia.
Taylor said she sees Henrico’s policies as a potential leader in the state.
“Technology can balance the public interest but also help us achieve public safety,” she said. “I am proud to support that in my opinion, Henrico is doing that right.”
Source: Richmond Times-Dispatch
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11/10/2015 | Updated 11/4/2024
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