Justice and Fair Treatment in Criminal Defense since 1973
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John J. Rice Attorney Profile

I am a Newport News criminal defense lawyer with experience and empathy to guide you through tough times.

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Office Location

707 Mobjack Place
Newport News, Virginia 23606
Phone: (757) 873-8809
Fax: (757) 873-3038

Practice Areas

Habitual Offenders - DUI DWI Lawyer Newport Beach

Virginia Habitual Offender Status

In Virginia, you will be labeled a "habitual offender" by the Department of Motor Vehicles (DMV), or a district or circuit court if you have received three "major" convictions, or 12 "minor" convictions within a ten year period. You do not need to be convicted of drunk driving to be labeled a habitual offender, but a third DUI conviction will be treated as a felony.

With the help of an experienced Virginia drunk driving defense lawyer, you can appeal to the Circuit Court to remove that designation, or you can petition the court to have your driving privileges restored.

I'm a criminal defense attorney with common sense, compassion, and a concern for your welfare. I've been helping people get out of trouble and get back on track with their lives since 1973. Contact my Newport News, Virginia law office by e-mail to see how I can help you with your DMV dilemma. Or you can call me at (757) 873-8809 to talk about your case. I am John J. Rice, Attorney at Law.

What Does it Mean to be a Habitual Offender?

If you were declared a habitual offender, you lost your driving privileges indefinitely and you must petition the court to gain them again. The amount of time you must wait to petition for your drivers license will depend upon the nature of your offenses.

If one of your convictions was for driving under the influence, you will be able to petition for a restricted drivers license after three years of being designated a habitual offender. You will not be able to appeal for full driving privileges until five years have passed.

Appealing Habitual Offender Status

It's important to try to avoid being labeled a habitual offender in the first place. That's why it's important to present the strongest possible defense on all traffic violations and drunk driving charges.

If you are caught driving while you are listed as a habitual offender, it will mean mandatory jail time, even prison time, as well as thousands of dollars of fines. Don't risk it - avoid habitual offender status.

Getting Your Drivers License Back

Regardless of whether the DMV or the court labeled you a habitual offender, it will require a court order to restore your driving privileges. I will ensure that you have complied with all requirements, that your petition is filed properly and with the correct court, and that the DMV receives a copy of the necessary paperwork. (Out of state traffic offenders must file in Richmond City Circuit Court only.)

If you are facing habitual offender classification, call a Newport News drunk driving defense lawyer with more than 30 years of experience handling these types of cases. Contact the law office of John J. Rice; I will vigorously defend your rights in traffic court or circuit court.


John J. Rice, Attorney and Counselor at Law, is located in Newport News, Virginia, and represents clients in James City County, New Kent County, Sussex County, York County, and the communities of Newport News, Norfolk, Williamsburg, Virginia Beach, Portsmouth, Suffolk, Sussex, New Kent, Chesapeake, Poquoson, Emporia, Hampton, and the surrounding Hampton Roads area, the Peninsula, and throughout the Virginia Tidewater region.

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