The following is a partial list of violations of the State Code of Virginia and possible penalties.
18.2-255.2
Violation: To manufacture, sell or distribute, or possess with intent to
sell, give or distribute any controlled substance, imitation
controlled substance or marijuana at any time while (i) upon
the property, including buildings and grounds, of... any
public or private two-year or four-year institution of higher
education; (ii) upon public property or any property open to
public use within 1,000 feet of such school property; (iii) on
any school bus as defined in 46.2-100; or (iv) upon the
property, including buildings and grounds, of any publicly
owned or publicly operated recreation or community center
facility
Possible Penalty: Imprisonment for a term of not less than one (1) year nor more
than five (5) years and fined not more than $100,000
18.2-248
Violation: Manufacturing, selling, giving, distributing or possessing
with the intent to manufacture, sell, give, or distribute a
controlled substance (Schedule I or II*)
* Schedule I and II drugs would include: cocaine, LSD,
heroin, etc.
Possible Penalty: not less than five (5) nor more than forty (40) years and a
fine of not more than $100,000.00
18.2-250
Violation: Possession of controlled substances (Schedule I or II)
Possible Penalty: one (1) to ten (10) years in the penitentiary, or up to twelve
(12) months in jail and/or up to $1,000.00 fine
18.2-248.1
Violation: Sale, gift, distribution or possession with intent to sell,
give or distribute marijuana
Possible Penalty:
(1) If less than one half (1/2) ounce of marijuana: up to
twelve (12) months in jail and/or $1,000.00 fine
(2) More than one half (1/2) ounce but less than five (5)
pounds of marijuana: one (1) to ten (10) years in the
penitentiary or up to twelve (12) months in jail and/or up
to $1,000.00 fine
(3) More than five (5) pounds: not less than five (5) nor more
than thirty (30) years
18.2-250.1
Violation: Possession of marijuana
Possible Penalty: not more than thirty (30) days in jail and a fine of not more
than $500.00, either or both; upon a second or subsequent
conviction of this violation of this section: up to twelve
(12) months in jail and/or $1,000.00 fine
CONVICTION FOR DRIVING UNDER THE INFLUENCE[37;0m
OBJECTIVE: Participants will be able to list the penalties and costs resulting
from DUI convictions.
CONTENT: If a person is convicted of the criminal offense of "Driving Under
the Influence" they are subject to a range of penalties, as provided
by law and at the discretion of the sentencing Court. Additionally,
they are subject to administrative license actions by the Department
of Motor Vehicles. Although many factors are considered before
sanctions are imposed, there are well-defined statutory parameters
established for the offense, or offenses, of "Driving Under The
Influence."
1. Up to a $2,500 fine; and/or,
2. Up to 12-months in jail; and/or,
3. revocation of driving privileges for up to 1 year (mandatory unless placed
on VASAP probation); or,
4. suspension of all, or a part, of the above resulting in
VASAP Probation for up to 12-months;
payment of the $300 VASAP fee;
referral to, and completion of, education or treatment
intervention programs; and,
issuance of a restricted driver's license allowing you to drive to-
and-from work/ during work hours/ to-and-from VASAP intervention
programs/ to-and-from school/ to-and-from medical facilities.
1. A fine of not less than $200 nor more than $2,500;
2. not less than l-month, nor more than l-year in jail (48 hours mandatory -
may not be suspended);
3. revocation of driver's license for 3-years (unless placed on VASAP) - 4-
months mandatory;
4. suspension of non-mandatory penalties resulting in
placement on VASAP for up to 12-months;
payment of the $300 VASAP probation fee;
restricted driver's license for up to 32-months (to-and-from work/
during working hours/ to-and-from VASAP intervention/ to-and-from
school/ to-and-from medical facilities;
referral to a licensed agency for treatment for evaluation.
1. fine not less than $200, nor more than $2,500;
2. not less than l-month nor more than l-year in jail;
3. revocation of driver's license for 3-years (unless placed on VASAP) - 4-
months mandatory revocation;
4. suspension of non-mandatory penalties resulting in
placement on VASAP probation for up to 12-months
payment of the $300 VASAP probation fee;
restricted driver's license for up to 32-months (to-and-from work/
during work hours/ to-and-from VASAP intervention/ to-and-from
school/ to-and-from medical facilities).
referral to intensive education or treatment for evaluation.
Note: If you are convicted of driving after being declared an Habitual
Offender it is a mandatory punishment of 1-year in prison or jail.
Fine Possible Jail Mandatory Possibility Mandatory
[36;1m(may be[37;0m [36;1mJail[37;0m [36;1mSentence[37;0m [36;1mloss of[37;0m [36;1mof VASAP[37;0m [36;1mLoss of[37;0m
[36;1msuspended)[37;0m [36;1mSentence[37;0m[36;1mnot be[37;0m [36;1mlicense[37;0m [36;1mupon[37;0m [36;1mlicense[37;0m
[36;1msuspended[37;0m[36;1mwith VASAP[37;0m[36;1mconviction[37;0m [36;1mwithout[37;0m
[36;1mreferral[37;0m [36;1mVASAP[37;0m
[36;1mreferral[37;0m
1st Offense$0-$2,500 1 year 0 1 year Yes 1 year
restricted
2nd Offense$200-$2,5001 year 48 hours 4 months Yes 3 yearswithin 5 years
2nd Offense$200-$2,5001 year 0 4 months Yes 3 yearswithin 5-10 years
3rd Offense$500-$2,5001 year within 5 n/a No Eligible
years 30 to be
days, Adjudicated
within 10 an Habitual
years 10 Offender
days
Key Features:
1. A VASAP referral does not avoid a conviction for D.U.I..
2. If a defendant enrolls in VASAP, the court must impose restricted driving
privileges:
a. to and from VASAP,
b. to and from work,
c. during work if necessary.
d. to and from school
e. to and from medical treatment
3. Loss of license for refusal is consecutive to loss of license for D.U.I.
If you are convicted of any of the below drug laws:
(a) you will lose your driving privilege for six months.
and
(b) the six month suspension will be in addition to, and run consecutively
with, any other license suspension or revocation.
18.2-248 Manufacturing, selling, giving, distributing or possessing with
intent to manufacture, sell, give or distribute, a controlled
substance or an imitation controlled substance.
18.2-248.01 Transporting controlled substances into the Commonwealth.
18.2-248.1 Selling, giving, distributing or possessing with intent to sell,
give, or distribute marijuana.
18.2-248.4 Advertisement of imitation controlled substances.
18.2-248.5 Manufacturing, selling, giving, distributing, or possessing (with
the intent to distribute) anabolic steroids.
18.2-248.7 Laundering of drug money.
18.2-250 Unlawful possession of controlled substances.
18.2-250.1 Unlawful possession of marijuana.
18.2-255 Distribution of certain drugs to persons under age 18.
18.2-255.1 Distribution, sale or display of printed material advertising
instruments for use in administering marijuana or controlled
substances to minors.
18.2-255.2 Sale of drugs on or near certain properties (schools).
18.2-256 Conspiracy to violate certain drug laws.
18.2-257 Attempts to violate certain drug laws.
18.2-258 Permitting common nuisances.
18.2-258.01 Enjoining nuisances involving illegal drug transactions.
18.2-258.1 Obtaining drugs, procuring administration of controlled substances,
etc. by fraud, deceit, or forgery.
18.2-260 Prescribing, dispensing, etc. drug except as authorized in article
and Drug Control Act.
18.2-262 Refusing to testify or produce evidence because of self
incrimination.
18.2-264 Inhaling drugs or other noxious chemical substances or causing,
etc., others to do so.
Note: Restricted licenses may be issued under this statute for use in the scope
of employment and travel to and from medical facilities, alcohol/drug
treatment and education, work, and school.
What alcohol is:
a powerful drug
acts on the central nervous system
a depressant (slows down or stops activity)
starts with higher mental functions such as judgment
with increasing amounts, affects perceptual and motor functions
amounts, patterns of use, responsible use, etc., will be discussed in later
sessions.
Effects on perception:
Vision
vision is the most important sense for driving
reduces visual acuity (ability to see things far away,
increases time for recovery from glare
makes it more difficult to focus on eyes, affects acuity and depth
perception
reduces ability to focus and judge distance through eye convergence (point
at which fields of view of the two eyes meet)
causes double vision, making it impossible to estimate distance or exact
direction
impairs the ability to distinguish color
impairs peripheral (sideways) vision
Hearing
dulls hearing-makes it less sensitive
makes it more difficult to distinguish and compare sounds
Body Sense
impairs ability to sense speed, changes speed and direction
Effects on Judgement and Attitude
alcohol often leads to overconfidence in ability to drive - to inability
to judge one's own impairment
often produces a careless and carefree attitude
may bring out aggressiveness and/or competitiveness
may cause overactions and underreactions to driving situations
impairs reactions to driving situations
impairs the ability to judge time and speed
narrows attention
Motor
increases reaction time
balance is impaired long before a person begins to stagger
alcohol impairs coordination
affects fine motor skills - ability to steer, accelerate, and brake
accurately and appropriately
Miscellaneous
increases likelihood of passing out
in large doses, can cause people to drive off roads, drive on wrong
side of street and divided highway, stop at stop signs and wait for
them to turn green.