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Virginia Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

David G. Parker
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answered on Jun 7, 2024

Federal courts have ruled that, during lawful a traffic stop, an officer may ask passengers for their identification. They justified this by describing such requests as "minimally intrusive" and in the interests of officer safety. And so while we may disagree with this authority, it is... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024

Generally the police don't need cause to ask questions. And you are free to refuse to answer questions. Although in certain scenarios you might face consequences for that such as vehicle accidents where there is a duty to provide some identifying information.

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

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did... View More

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

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Daniel P Leavitt
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answered on Jun 5, 2024

In Virginia the bus has to be stopped when you pass it. It doesn't sound like you committed a violation. If the bus was already stopped when you passed they can use a camera ticket (traffic infraction) in the mail but the bus would need to be stopped with the sign out before the pass. Or you... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I take an online driver course at 19 to offset demerit points for 60mph in a 45 if my prior driving history is clean
David G. Parker
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answered on Apr 3, 2024

Attending a DMV-approved driver improvement clinic voluntarily may result in you being awarded 5 safe driving points. This can be done once every two years. When you enroll you should be able to provide your reason for attending the clinic; if it's entered into the system as being done... View More

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

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

Whether you get a ticket will largely depend on 1) if the bus driver noted you, felt you were passing them and reported you, and 2) if the bus had video cameras (the distribution of those cameras is very sporadic). This is a tough one, because the judges take it very seriously in light of the risk... View More

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

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

David G. Parker
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answered on Mar 22, 2024

There are two Virginia statutes governing the passing of a school bus. They both discuss a vehicle "approaching" a stopped school bus and require that the school bus actually be stopped when it is passed. The statutes do not appear to apply to the situation you have described; this, as... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: The bus was pulled off the side of the road to right of lane edge solid white line and not on "any highway," Violation?
David G. Parker
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answered on Mar 20, 2024

The Code of Virginia (specifically, Title 46.2, which governs most traffic matters) defines "highway", "roadway", and "shoulder" separately. That being said, there are times when traffic rules will apply to vehicles on the shoulder. For instance, Section 46.2-888,... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What do I do if I was found guilty for speeding but in the court database states stated I was guilty absentina?

In Virginia I did go to court for citation just infraction speeding 54 on a 35. I have a super clean record as well, nothing on it was hoping I get a break. Cop did not ask typical questions like where are you going why are you almost going criminal speed. He was super quick on giving me a ticket.... View More

David G. Parker
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answered on Mar 18, 2024

If you were present then you should not be found guilty in absentia or be asked to pay the associated in absentia fee ($35 last I checked). Check with the clerk's office for the court in which your case was called to see if there's anything you can do. It's possible that the clerk... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I fight a failure to yeild ticket when other driver was a minor with permit and mother, he never breaked.

turn in to my drive way, left turn and I was turning in front of him, there was a far distance then all of a sudden very close to me, he never touched breaks and no break marks on road. I think he was speeding and might have been able to react better. I know I got the ticket but not sure if I... View More

David G. Parker
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answered on Feb 26, 2024

If it were me, I would appear if possible. A judge has options for reducing or even dismissing a ticket like this. An amended charge of improper driving (only 3 demerit points) or even dismissal with completion of a driver improvement clinic might be possible depending on the circumstances of the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: can i still get charged with Code of Virginia § 46.2-844 if the bus hadn't stopped completely?
David G. Parker
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answered on Dec 28, 2023

The statute deals with a "school bus that is stopped" rather than one coming to a stop or simply displaying its warning signals. My reading of the statute is that there would need to be testimony from a witness and/or video footage establishing that the bus was passed while stopped.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a failure to yield ticket is it worth getting a lawyer to go to court
David G. Parker
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answered on Nov 27, 2023

This will depend on a number of factors. These include, but are not limited to, the following: how comfortable you are testifying and presenting evidence in court, whether you feel like you have a legitimate chance of beating or reducing the charge as alleged and would prefer an experienced... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over in Fairfax Virginia for reckless driving ticket of 103mph in a 55 I’m afraid of going to jail I don’t

What to do to avoid jail this is my first ticket I have a clean record please advising what can happen and what should I do

David G. Parker
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answered on Nov 28, 2023

Jail sentences are commonly imposed at speeds of 100 mph and higher. To improve your chances of a reduced penalty, you could consider performing community service at a charitable institution, proactively taking a driver safety course before the court date, have a calibration done on your... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over in Fairfax Virginia for reckless driving ticket of 103mph in a 55 I’m afraid of going to jail I don’t

What to do to avoid jail this is my first ticket I have a clean record please advising what can happen and what should I do

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Nov 26, 2023

Generally, getting your speedometer tested and completing community service before court can go a long way to helping avoid jail time.

Electing to have a jury trial is also a very good way to typically avoid jail as jurors tend to be less likely to impose incarceration than judges. (That...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was pulled over for stopping at a store on antique tags

One state trooper followed me across town and watched me stop at the store then the state trooper who lives near me was waiting on me in his driveway as I drove by and pulled me over 100 yards from my house. When he came to my window he said the reason he pulled me over was because I stopped at the... View More

David G. Parker
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answered on Nov 10, 2023

The Code of Virginia limits the use of vehicles displaying antique tags to such activities as driving to test the operation of the vehicle, to drive to and from shows, and for occasional pleasure driving. The Code states that vehicles using antique plates shall not be used for "general... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 2 tickets.

One for failure to stop at a sign & one for going 80/55. Can I go to court for the first offense and just pay for the speeding? I’m 17 and was driving without a license.

David G. Parker
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answered on Oct 13, 2023

Juvenile traffic case policies are very much dependent on the local judge's preferred way of handling them. Although the ultimate goal of the juvenile court system is rehabilitation rather than punishment, that does not necessarily mean that the judges will impose light penalties (as they also... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My license is Bossma3 he put BOSSMAE would I still be guilty
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your ticket won't be dismissed for a typo. If you go to trial, you can point it out to the court, may affect the credibility of the officer. Officer could file a correction in the meantime, before trial. I recommend you contact several attorneys in your area that practice this type of law,... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 2 speeding tickets, over the speed limit, & car not being insured. I want know can I pay and not go to court?

Sorry I got 2 tickets not 2 speeding tickets that’s a typo error. For the speeding ticket, I didn’t pay attention to my speed and was stopped by the police, he said you are speeding and I said I’m sorry I didn’t realize, then he asked if I had insurance and I said no. Due to not having the... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Usually, you can post "bail" before your court hearing and if you don't show, you are adjudge guilty and your bail is forfeited. You have some real problems. The speeding charge will carry points against your driving record and your insurance could go up, SIGNIFICANTLY. (if you have... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Fairfax VA - Searching for an attorney to take a case on a civil case in a car accident. Do you know of anyone ?

Oct 2022, both my siter and I got T-Boned by a driver with NO, DL, and NO Insurance. She had taken the car owned by her sister. We have reasons to believe that her sister know that she was taking the car out for drive since this was not the first time the ounger sistre 19 had done so in the past... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

A Virginia attorney could advise best, but your question remains open for a week, and you express urgency in your request for assistance. I'm sorry about your accident and the serious medical attention that it has resulted in. There are a number of issues here that an attorney will need to... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I am given a highway sign violation ticket instead of speeding ticket in a neighborhood. Court or pay online? I am clean

The summon is in general court of Arlington County. I do not want any demerit points in my DL. I have a +1 point in my DL and it has been clean since I started driving.

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Jun 17, 2023

Paying online is easier and more convenient, but is an admission of guilt to the ticket. Failure to obey a highway sign will result in 3 demerit points being added to your record.

If you want to try to get a reduction, you must go to court and ask the judge to reduce the ticket....
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