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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets and Civil Rights for Virginia on
Q: Is it legal for an officer to change a warning to a ticket based on bystander reactions?

I was pulled over for not having a front license plate, and the officer initially said he would issue a warning. However, when bystanders began laughing, the officer changed the warning to a ticket solely because of their laughter. Is it legal for the officer to change his decision based on... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, an officer has the legal authority to issue a citation for a traffic violation, even after initially saying they would give a warning. However, changing the decision solely because of bystander reactions—like laughter—raises concerns about professionalism and the true intent behind the... View More

3 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Can I receive points on my record for a dismissed traffic ticket in Virginia?

In North Carolina, I received a traffic ticket for running a red light which led to a car wreck determined to be my fault. There were no injuries, and my insurance covered all the damages. The ticket was dismissed by the District Attorney on the day of my court date with no conditions. I had one... View More

Amy McMullen Harber
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answered on Apr 11, 2025

You generally would not receive DMV demerit points in Virginia for a charge that was dismissed. That said, the best way to verify whether NC might have reported the charge to Va. is to request a copy of your driver transcript from DMV. If you learn the dismissal was reported & VA has imposed... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Court tomorrow for driving on suspended license. Should I plead guilty? How to get legal representation?

My court date is tomorrow for driving on a suspended license in Rockingham County, VA. The license was suspended due to a speeding ticket and the requirement to complete a driver's improvement class, which I was unaware of. I didn't receive the DMV's notification letter but found the... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re in a stressful situation, but you still have options—even with court tomorrow. It’s not too late to ask the judge for a **continuance** to give you time to get legal representation. Many judges in Virginia will consider this request, especially if it’s your first appearance and you... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Received speeding ticket with incorrect last name; how to proceed?

I received a speeding ticket last Saturday for driving 75 in a 55 mph zone. However, my last name was incorrectly written on the ticket. I have not contacted the issuing authority about the error, and this is my first traffic violation. The ticket may have been issued out of town. How should I... View More

David G. Parker
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answered on Mar 18, 2025

I'm not sure what you mean by "issued out of town" but something to keep in mind is that a Virginia summons should include your license #, your address, other identifying information, and (usually) your signature. I wouldn't assume that this error would prevent the charge from... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to attend court after paying an inspection ticket in VA?

I received an inspection ticket in Virginia but got the inspection done the next day. I paid the fine online well before my court date. Since my summons was a release on summons, do I still need to show up to court?

David G. Parker
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answered on Mar 10, 2025

No, you shouldn't have to attend court if it has been pre-paid. That is an offense where the judge would just try you in your absence if you didn't appear. If you're still concerned about the ticket you can check the status of your case online at... View More

4 Answers | Asked in Traffic Tickets, Criminal Law and Military Law for Virginia on
Q: How to handle Virginia super speeder ticket affecting military plans?

I received a super speeder ticket for going 89 in a 70 mph zone in Virginia. I have no previous tickets, but I cannot attend the court date set for the 14th of this month as I do not live in Virginia. I am planning to enter the military and am concerned that this ticket, which I understand could be... View More

Daniel P Leavitt
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answered on Mar 7, 2025

If you're entering the military you will want to get this reduced since reckless driving is classified as a criminal misdemeanor and it can impact security clearances and job promotion etc. You likely can hire an attorney to represent you in your absence depending on the jurisdiction. And... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to plea to a 2018 traffic citation to regain my license?

I am trying to regain my driver's license and have contacted the main DMV in West Virginia, where I was informed about three citations against me. I visited the relevant county to resolve them, but one citation from 2018 is marked as not yet pled by me. This citation is a traffic offense... View More

Daniel P Leavitt
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answered on Feb 27, 2025

If you get a compliance summary it will tell you everything you need to do in order to get a license. The WV issue is a question of WV law. If it it holding you up in VA, then you need to get advice from a WV lawyer or handle that there so it is no longer holding you up. But the compliance summary... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Expired car inspection ticket without payment info, possible dismissal?

I received a ticket for an expired car inspection, but I was not given the document on how to pay it. My car has since passed inspection. Can I bring up the lack of payment information in court to possibly have the ticket dismissed when I appear on April 4th?

Daniel P Leavitt
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answered on Feb 13, 2025

That does not sound like a valid legal defense. If you want to pay it you can likely contact the court to do that. If you want to go to court they usually dismiss if it was addressed and fixed.

2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Litigation for Virginia on
Q: Will I get a ticket (or worse?) for stopping too close to a school bus because I didn't realize it was stopping twice?

Augusta County, VA- I stopped for the bus unloading kids going the opposite direction as me on a county 2-lane road (double yellow lines). It started moving as did the cars behind it (I was going opposite direction), so we got closer in distance then realized it was stopping AGAIN only a couple... View More

David G. Parker
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answered on Feb 6, 2025

Under the circumstances, your response to the bus going back into motion was perfectly reasonable. Regardless, you stopped for the school bus as required as soon as you realized it had stopped for a second time. I see no violation.

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2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Virginia on
Q: Case has nothing to do mother zero anything. , judge places stipulations she can't bond him out. Is this illegal?

I'm talking no involvement what so ever. Wasn't at her residence, she didn't know anything that allegedly occured has zero involvement, she didn't provide anyone anything she didn't have anything at all to do with the case what so ever in literally any capacity. They just... View More

Daniel P Leavitt
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answered on Feb 4, 2025

I would guess someone misunderstood what the judge did. The judge can decide whether or not to even give a bond, they can put no contact conditions etc. I would imagine someone here misunderstood what the judge actually did.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Juvenile Law for Virginia on
Q: I’m on good behavior in a different county will a Fta misdemeanor cause me to violate

The good behavior is for two felonies POs. Of scheduled 1 or 2 on my juvenile record I caught the charges at 16 charges with them fully at 19 I was give 2 year 2 years suspended one year good behavior my new pending charge is a shoplifting misdemeanor for 10 dollar sunglasses and I accidentally... View More

David G. Parker
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answered on Jan 5, 2025

Good behavior violations are not governed by sentencing revocation report guidelines. If you were still under a term of good behavior when you committed a new violation of law, it's possible that you will face a good behavior violation on your old case. But not all good behavior violations are... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Can I get pulled over in the state of virginia for having one headlight out on my car?
David G. Parker
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answered on Dec 26, 2024

Yes. § 46.2-1010 and § 46.2-1011 cover the need for two functioning headlights, and as they are not designated as secondary offenses an officer can pull you over for a violation. By comparison, several statutes in the Code governing brake lights, seat belts, and some other minor infractions... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Can I file a suit against someone in small claims court without their name or address if I plan to subpoena the info?

I live in Virginia.

Delivery driver for GrubHub hit and ran my parked vehicle, all evidence is on footage but too dark too see license plate. Law enforcement and customer service are not willing to help because there were no injuries. Is it possible to file a case without the name and... View More

Daniel P Leavitt
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answered on Nov 20, 2024

This is a civil question not traffic tickets. I believe you can file a John doe suit but again that's not a question for traffic tickets. Law enforcement should do their job and investigate as hit and run is a misdemeanor. I would go up the law enforcement chain and get them to do their job.... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: A ticket arrived in the mail for speeding how should I proceed
David G. Parker
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answered on Nov 1, 2024

This sounds like a speeding camera ticket. For these, no points are assessed against your driver's license and no report is made to the DMV or your insurance provider; however, they are still allowed to demand that you pay a civil penalty. To be sure, you could consult with a lawyer in your... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Did 46.2-1014 high mount brake not working give reasonable suspicion to make traffic stop in 2014
David G. Parker
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answered on Oct 23, 2024

In 2014, yes. As of 2021, the Virginia Code was amended to label a number of traffic infractions "secondary violations" which, standing alone, do not justify a traffic stop. But this new rule is not retroactive to traffic stops from 2014.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing a stopped school bus?

I passed a school bus that was pulled to the side of the road at an entrance road. It had hazards and the yellow warning lights but no red lights and no arm deployed. Another school bus in between us passed in the same manner as I did. After that bus passed I waited a second or two and the stopped... View More

David G. Parker
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answered on Oct 25, 2024

Yellow warning lights begin to deviate from their intended purpose if they're left on indefinitely. I have seen this behavior before from some school bus drivers and it is a problem for other motorists who have to decide how to proceed. It sounds like you took reasonable precautions before... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a speeding ticket 44MPH in a 25MPH zone. Clean record & going to court. What should I expect? Plea- not guilty.
Daniel P Leavitt
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answered on Oct 11, 2024

Generally what the courts do depends on your speed and driving history. Most judges look at the last 5 years. Many judges will offer driving school to reduce or dismiss if you were polite and have a very good driving record and haven't done driving school in the last 5 years.

Unless...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: May 2024 I was given a Ticket for speeding (Milton, GA - Fulton County). I have a Alabama Drivers License. Clean Drivi

June 2024 I was given a Ticket for speeding (Milton, GA - Fulton County).

I have a Alabama Drivers License. Clean Driving Record.

July 2024, went to court, told the court twice I'm having financial problems and cant pay this fine. They gave the opportunity to complete Non... View More

Daniel P Leavitt
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answered on Oct 5, 2024

I think you posted this in the wrong state. If you got the ticket in Georgia you needed Georgia attorney.

In Virginia this would not go well at all. The judge would view it as making excuses. But if your ticket is in Georgia then you need to talk to somebody there.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I just wanted too know what I will be facing going too court on Tuesday for reckless driving second offense have -11

I just wanted too know what I will be facing if I was too go too court without a lawyer I just got off driving probation and my points is -11 and my speed was 79/35 and I went too get my car calibrated it was off by one and I took a class so my points went down too -11 it was -16 at first

Daniel P Leavitt
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answered on Oct 3, 2024

They're probably not going to reduce it for you. And you might get some jail time. You haven't approached at the correct way. There's a better way to approach that. But honestly, a case like that requires good legal representation because you've got a pretty bad driving record... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I need help on deciding if too get a lawyer or not
Daniel P Leavitt
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answered on Oct 22, 2024

Generally it's best to have a lawyer if you're charged with a misdemeanor or felony. And sometimes even traffic violations can result in job loss, license suspensions or greatly increased insurance. It's usually best to have an attorney if you can afford it but if you're not... View More

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