University Of Richmond, VA asked in Criminal Law and Traffic Tickets for Virginia

Q: What is the level of this charge and what should I do when I go to the traffic court?

I had a car accident and I was charged for failing to yield the right of why the accident happened. I knew that the other car was over the speed limit, did that car should take part of responsibilities? Will this charge leave record on my driver's license? Is it considered in criminal law?

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2 Lawyer Answers

A: The severity of the ticket depends on what Virginia Code violation was charged. There are some right-of-way charges that are misdemeanors (criminal) and some that are mere traffic infractions. Either way, it will show on your DMV record if convicted.

The fact the other person was speeding does not necessarily excuse the failure to yield. If you saw him coming and pulled out anyway, that would be failure to yield.

You may as well call a local traffic attorney to review your ticket and advise you accordingly. Many traffic lawyers give free consultations.

A: It depends. You could have been charged with one of the many versions of reckless driving, which is a criminal offense. Or you could have been charged with a simple traffic infraction. You would need to find out the actual statute that's written on your summons to find out for sure.

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