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Virginia Traffic Tickets Questions & Answers
0 Answers | Asked in Traffic Tickets and Constitutional Law for Virginia on
Q: Double jeopardy within traffic violations?

I received a traffic violation at the very end of May to fix my registration and to fix my MVI. The court date listed was for 08/22/2022 to handle the situation.

I arrived home to a cop that told me if I didn’t have insurance, he was towing my vehicle. This is the second time he has... Read more »

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.

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Q: If I received a speeding ticket in VA, the officer wrote female instead of a male, can my ticket be withdrawn?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
Daniel P Leavitt
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I don't know what you mean by withdrawn.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... Read 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
Daniel P Leavitt
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... Read more »

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

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

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter had a traffic stop in my car. A ticket was issued in my name. Is that right?

I was not in the car but I have to report to court?

Daniel P Leavitt
Daniel P Leavitt
answered on Dec 23, 2021

Unless it's for allowing an unlicensed person to drive then no that's not right. Hire a lawyer to get it dismissed.

1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: How can I be cited for failure to yield when SUV entered my lane and hit my front end sending me into the guardrail?

I waited until the lane was clear, the SUV was in right lane and merged when I’d entered left lane, hitting the front of my passenger side and sending me into the guardrail. I don’t understand how I could have been cited when I couldn’t have predicted that he would change lanes at an... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2021

A Virginia attorney could answer best, but your question remains open for three weeks. This looks like a setting where you were merging onto a main road from the left. Without knowing additional details, the general rule in virtually all jurisdictions is that vehicles proceeding in the main road... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Will I get in further trouble for updating my license(out of state after moving) after receiving a ticket in Va?

If I go to the DMV and update my license, will I receive further penalty due to my current speeding ticket having my address down as from another state? I have lived in VA past 60 days without updating, but it has not yet expired.

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 29, 2021

you shouldn't have any issues

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What should I do? Update my license, pay my ticket first? If I update my license, will I possibly get in trouble?

My issue: I am living in VA, I have lived here for 2-3 years. I have a MO license, I got it there when I had turned 18. I had not updated it, as I was not aware I needed to. I have held it for 1 year while living in VA. Just recently, I got a speeding ticket for going 79/55. It was not reckless... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 29, 2021

You most certainly have a duty to update your license. There are limited exceptions for military/students but the law generally is you must update it within 60 days of moving here. Hire a lawyer to get the case in Virginia reduced or dismissed. That will help with points. But definitely fix the... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I represent myself on traffic charge and found guilty can I ask for an apeal to get a lawyer ?
Paula Hough
Paula Hough
answered on Jul 27, 2021

Yes. You have 10 days from the date of your conviction to appeal your case to the Circuit Court. You can hire an attorney to represent you on that new court date.

1 Answer | Asked in Car Accidents, Traffic Tickets, Wrongful Death and Contracts for Virginia on
Q: My mom was killed in an accident in which the other driver got the failure to yield ticket his ins wants 2 settle for $

BUT he isn’t @ fault & we have to pay the medical bills

We don’t want that

Communication btwn lawyer & family is not working

What can we do

Jan F Hoen
Jan F Hoen
answered on Jul 10, 2021

If you have an attorney already, it would be best to schedule an appointment to discuss your concerns in person with them.

If you do not have one yet, I would recommend retaining someone experienced with personal injury.

My firm’s website also has helpful tips on what to do...
Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is Virginia 46.2-830.1 considered a moving violation? I understand there's no points assessed, but just want to be sure.
Paula Hough
Paula Hough
answered on Jul 9, 2021

No points are assessed by the Virginia DMV for a violation of 46.2-830.1.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Am I going to go to jail? Please help!

I got caught doing 90 in a 70 in hopewell va. I am currently taking a driving class so I can take it to court is this Smart. I have +4 on my driving record and printed out my dmv record which has no tickets on it. I am also hiring a local lawyer to help me as well. I am freaking out I plan on... Read more »

Paula Hough
Paula Hough
answered on Jun 8, 2021

It is smart to do the driving school. At that speed, if you were to hire a local attorney, you would not need to appear in court (the attorney could go on your behalf). The charge is a criminal misdemeanor, so you should hire an attorney, or at least seek legal advice. I strongly believe that an... Read more »

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket in March.31 and now its june 1. The court date is in june 15. Can i still pay the ticket now?

How many day can I wait after getting speeding ticket? Am I gonna get extra charged?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 1, 2021

There should be information on your ticket which details when you can pay---I certainly assume that you can still pay now. That said, I would recommend that you contact a traffic ticket lawyer or 2 in the area/jurisdiction where the ticket was issued and find out whether or not they think you can... Read more »

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I am top of my class in high school and just had gotten my first offense traffic ticket. I need help with options.

I recently turned 18 and am about to graduate from high school with my associate's degree and a traditional high school diploma. I have received a speeding ticket for 59 mph in a 45-mph zone. The ticket says that it was due to a stationary radar. After doing some research on these radars, I... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on May 29, 2021

Hire a lawyer to go to court for you they will know what to do. You look like you're getting bad information on the internet. Call someone who regularly practices in the court where your case is.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not reckless

I received ticket for speeding and it is over 20 MPH. Officer told me that he marked it as a speeding not as a reckless driving. But still if you get ticket with over 20MPH it is going to be 6 points. I checked my driving record and it shows +3point. I don't understand how it shows +3 if I... Read more »

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Apr 4, 2021

The ticket will not impact your record until after court.

When you initially get a license you have a 0 point balance. You get positive points for every year you have a license. Your +3 could be because you haven't had a license long enough to get 5 positive points.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: 46.2-835 but the described charge is 52/35 is the ticket invalid?

The described charge is speeding 52 in 35, or is it just a speeding ticket then with the wrong Law section?

Gary D. Godman
Gary D. Godman
answered on Mar 25, 2021

Sounds like the officer may have accidentally filled in the wrong code section. As you likely noticed, 46.2-835 references turning right on a red light. Keep your court date as the judge is likely to allow the officer to verbally amend the error in open court. Contact a traffic attorney to look... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How should I request a dismissal through driving school or a deferral for a traffic ticket in Virginia?

I got a speeding citation for driving 37 in a 25 MPH zone in Virginia. My only other ticket was in April 2019 and it was out of state (84 in 65 MPH zone). I did take a defensive driving class in June 2018 for a ticket dismissal.

In my circumstance, should I request the court/judge for a... Read more »

Gary D. Godman
Gary D. Godman
answered on Mar 25, 2021

If you took a driving class for a dismissal less than 5 years ago, many judges will not give you the option again. Speak with a traffic attorney in your specific jurisdiction to see if there is any extra info you can give that might help your chances of a reduction or dismissal.

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