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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter got a ticket for going around a vehicle, and appears to be a reckless driving charge

She is planning on take a driving improvement class before court. Is she able to ask the judge to reduce the charge? Does she need an attorney?

Paula Hough
Paula Hough
answered on Jan 4, 2023

It will depend on the jurisdiction in which she has to go to court. Different judges have different rules regaring driving schoo (i.e., for what charges school is eligible, how often in can be done, if it can be done in advance). You should reach out to a local attorney for advice.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 4 tickets and i have no license what should i do?

I got 4 tickets 3 weeks ago i am not sure if i should hire a lawyer and i also don’t know what i should do, I am 18. 1st ticket was red light. 2nd ticket was no license. 3rd was speeding 75 on a 45 not a reckless and 4th was a crossing double yield line

Paula Hough
Paula Hough
answered on Nov 10, 2022

You should have an attorney at least for the driving without a license charge, as it is a criminal misdemeanor. If you cannot afford an attorney, you should ask the Judge to appoint an attorney for you. An attorney can also help you potentially get the other charges dismissed or reduced.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 2 tickets, one for not stopping at a red light and the other one for going 30 over the limit. I only had a permit

I am 17, and turn 18 on October 25 of this upcoming month. Should I get my license before my second court date? or should I just wait?

T. Augustus Claus
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answered on Sep 27, 2023

Given the severity of the violations, especially going 30 over the limit, it may not be in your best interest to get a license before resolving these issues in court. These are serious offenses that could significantly impact your driving record and insurance rates, and it might be beneficial to... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was pulled for expired inspection then ticketed for driving suspended. VA law says no evidence obtained shall be admis

Admissable in any hearing, or trial. Can I have the driving dismissed

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There are attorneys that practice Traffic defense in all the states, look for one on Justia or google. Thanks for using Justia, Ask a Lawyer.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Could you explain what certain highways refer too under VA code 46-2-826. Received ticket failing to stop

Leaving shell gas station 3:30 am received failing to stop before entering highway

Daniel P Leavitt
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answered on Apr 6, 2023

Generally it is referring to any public road that you are entering on...

1 Answer | Asked in Traffic Tickets for Virginia on
Q: is the front plate primary offense or secondary?

I received a ticket today in falls church? I stated that its secondary offense only if I got primary violation for speeding then I should get pulled over.

Daniel P Leavitt
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answered on Apr 6, 2023

I believe you are incorrect. 46.2-711 is a primary offense in my opinion, however you may be able to get it dismissed in court with an attorney or by representing yourself upon showing proof of compliance, depending on the judge.

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Virginia on
Q: My town is forcing a redirect of my street through an emergency access road. If this damages my vehicle is city liable.

I drive a completely stock 2001 Saleen S281. i have about 3" of ground clearance so i stay far away from gravel roads. This emergency access road will be the only way in and out of my neighborhood is a gravel road that is very loose, inclined, not level, and uses very large gravel bits. if i... View More

Daniel P Leavitt
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answered on Apr 6, 2023

I see no liability for the city based on the information you provided but feel free to seek out other opinions on the matter.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I drove with permit

I caught by police with driving with permit now I got my license and my court is on 28 Oct 22

Daniel P Leavitt
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answered on Oct 27, 2022

This is a statement and not a question. If you have an attorney you should be better off. Try talking to an attorney who practices in the court your case is in if you have a question.

1 Answer | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: Was the sole person and vehicle in an accident. Officer issued a citation for "improper driving/control"

Instead of reckless driving. In court, the judge reviewed the charge and instructed the officer that LEO are not allowed to issue those types of tickets but that it's for a court to decide to downgrade a reckless charge to that. The judge informed me the commonwealth (state) could retry the... View More

Daniel P Leavitt
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answered on Oct 18, 2022

There probably very little chance they will bring the charge. They have up to one year. If you killed someone in the accident they likely would but in this situation there's probably very little chance they would do the extra work.

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Virginia on
Q: If I caught charges while on probation but my probation term ends before I’m found guilty of anything can I get violated
Brian M. Latuga
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Brian M. Latuga
answered on Oct 12, 2022

Yes, probation violations may be brought after the period ends so long as the offense date was during the probation/ good behavior period. There are some exclusions due to time of filing, but typically the charge may be brought for up to one year after the end of probation.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My speeding ticket for 52 in 35 citing VA code 46.2-875, but court site RD-GENERALLY-MISD 46.2-852. Is this correct?

This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).

Daniel P Leavitt
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answered on Sep 17, 2022

If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.

The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: A person has a 10 years sentence, 4 years - 6 months suspended, and 5 years probation. How time is actually served?
Daniel P Leavitt
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answered on Sep 15, 2022

I think the rule of thumb is to expect 85 percent. That's not a hard and fast rule I don't think but that's been my experience on felonies in Virginia. So if my math is right that should be about 4 years 8 months then subtract any time served... but I believe this can vary.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for § 46.2-804. Are there points related to this charge?

I am in my mid-20s with a clean driving record. Is there any way to avoid having this on my record?

Also, the Virginia Judiciary Online Case System states that the charge is "fail to obey highway marking" but my summons says "improper lane change."

Daniel P Leavitt
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answered on Sep 9, 2022

It is a point violation in Virginia. You may be able hire an attorney who can get it dismissed with driving school.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Long story short, unauthorized use of a motor vehicle, speeding ticket, and out of state license

I am a minor, I got a speeding ticket for going 80 in a 35. I have court for that in 2 days from today. Today, I got the cops called on me for Unauthorized use of a motor vehicle. I want to know the punishments that could potentially happen

Jennifer Alettia French
Jennifer Alettia French
answered on Aug 16, 2022

You should seek counsel. 80 in a 35 is not simple speeding but rather reckless driving, a class 1 misdemeanor where the punishment can include jail time.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son received a speeding ticket yesterday. He was doing 59 in a 45. The officer put on the ticket that he was 15 to 19

Over on the ticket. He was also in a work truck and he put down a personal vehicle

Daniel P Leavitt
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answered on Jun 22, 2022

I don't see where you have asked a question.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I received a speeding ticket in VA, the officer wrote female instead of a male, can my ticket be withdrawn?
Daniel P Leavitt
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answered on May 19, 2022

I don't know what you mean by withdrawn. You can go to court and plead not guilty but I don't know any judge that would accept that mistake as a legal defense if the identifying information on the ticket is otherwise correct. You may be able to get it reduced or dismissed by hiring a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hey I just received a ticket for disregarding speed limit. The cop said he let me of easy. I didnt see the sign.

The cop said he let me of easy(with disregarding speed limit instead of speeding I was going 57 on a 40). I didnt see a speed sign. Should I fight it? I don’t wanna get a worst offense. Also I was wearing headphones he let me off with that

Daniel P Leavitt
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answered on Apr 15, 2022

I would hire an attorney to get it reduced if you have a very good driving record you can do better.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: In VA, can I contest a speeding ticket with wrong vehicle information and win?

The ticket I received has a completely different vehicle listed and I've never owned a vehicle with the listed info. Info on the ticket: 2004 Chevy 2D and wrong license plate. My vehicle is a 2021 Dodge 2D and only first digit of the plate matches the ticket. The other digits don't match... View More

Daniel P Leavitt
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answered on Mar 5, 2022

Yes you can contest it of course with a not guilty plea. Your success depends on whether they can identify you and prove you drove the speed cited. They can amend the summons to fix that error. I doubt you will be successful but you might if the officer is confused and if you handle it right.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: i got a court date for driving with expired DL in herndon, VA.

Dmv Appointment is already booked before my dl expired, but dmv appointment i got is after my dl my expiration date.

Ann Thayer
Ann Thayer
answered on Jan 8, 2022

You should contact clerk to continue your case until after a date you go to dmv to fix license OR when you go to court take proof of date your dmv appt is set for and ask judge to continue case until after that date.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it illegal to pass a moped doing 30 over the double yellow lines on a road with a 55 limit in Virginia?

I live on a road with no lines and a speed limit of 25. I ride my moped at 30 as that's all it will do. People pass me on this road. I turn onto a road with a double yellow and a speed limit of 55, people pass me here too, over the double yellow and without signalling. I turn onto route 60 and... View More

Daniel P Leavitt
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answered on Jan 7, 2022

You should probably get a car as it provides more protection and you won't have this issue. Consider yourself as a bicycle. Cars are going to pass and while they should give 3 feet they often don't. Driving on a 55 mph road isn't smart. Good luck and stay safe. You may be guilty of... View More

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