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Virginia Traffic Tickets Questions & Answers
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.

0 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over solely for a expired inspection sticker.

The police officer was backed in a residental driveway down the street from my own house. Is an expired inspection sticker a primary offense to pull over? Also can police use a residental driveway to radar or look for other traffic infractions?

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... Read more »

Daniel P Leavitt
Daniel P Leavitt
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: 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
Daniel P Leavitt
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 for Virginia on
Q: How many points violation is my speeding ticket (46.2-870)? Should I go to court, and if I go, should I get a lawyer?

I got a speeding ticket (46.2-870) for going 23 above the speed limit on a highway (83 in a 60 mph zone) in Madison County, VA. This is my first offense. I've had my license for 7.5 years almost. The officer did not charge me with reckless driving, only a speeding infraction.

Daniel P Leavitt
Daniel P Leavitt
answered on Apr 6, 2023

Both reckless driving and speeding 20 mph or more written as a traffic infraction are the maximum 6 demerit points on your driving record. Your best path is to hire a lawyer or represent yourself as you see fit and try to get the case reduced/dismissed. Generally hiring a lawyer is better as a good... Read more »

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
Daniel P Leavitt
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: should I pay or go into court for a failure to obey highway sign infraction?

college-aged female, 1 previous record of speeding (non reckless) from over a year ago, otherwise clean record, involved in community. is there a benefit to at least showing up to court?

Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

People frequently choose to pay a ticket rather than contest it because they think it costs more to go to Court and take a day off of work than to pay the ticket. However, most people experience a large increase in their insurance premiums when points appear on their driving record. Three points... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it worth it pay a lawyer or pay the fine for a 84/65 PACED speeding ticket?

HOV lanes, says he paced me at 84 in a 65. The fine is high, but not sure it's mire than what a lawyer would charge me?!?!

Derek Allen Colvin
Derek Allen Colvin
answered on Feb 9, 2023

Worth is entirely dependent on your perspective. In terms of immediate dollars spent, it will likely cost more to get an attorney and fight the ticket. There isn't enough information here to truly evaluate your longterm risk. What code section were you charged under? What is your current... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: have you even seen anyone receive jail time for getting two reckless driving tickets within a month of each other ?

the driver is 18 y/o and has had a clean record up until these two tickets; 90 in a 55 and 72 in a 45

Paula Hough
Paula Hough
answered on Jan 17, 2023

Yes. In some jurisdictions in Virginia, judges are giving jail sentences for excessive speed Reckless Driving charges. Your son should seek legal representation in the jurisdiction(s) in which he is charged.

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 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
Daniel P Leavitt
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... Read more »

Daniel P Leavitt
Daniel P Leavitt
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
PREMIUM
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
Daniel P Leavitt
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...
Read more »

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
Daniel P Leavitt
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
Daniel P Leavitt
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
Daniel P Leavitt
answered on Jun 22, 2022

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

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