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Virginia Traffic Tickets Questions & Answers
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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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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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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1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Traffic/Civil case

Google map led me the customer neighbor's house - the house is on a small hill with long/driveway.

The moment I was close the the house and I realized that it's was the address. I started to make a 3-point turn. Half way before I complete the turn, the owner got out and start... View More

David G. Parker
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answered on Sep 15, 2024

That's a wild sequence of events. What you're describing could be charged criminally in a number of ways, including unauthorized use of a motor vehicle and destruction of property. It's a shame that there is apparently no dash camera footage of this incident as that would settle a... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Volunteer hours, are they additional or in total?

I completed 10 hours of community service between May 1st and 18th. I brought this to the judge on May 30th. The judge assigned me 20 hours of community service. Do I need to do 10 additional hours or 20 in total?

David G. Parker
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answered on Sep 15, 2024

Without being there I couldn't tell you. I recommend calling the clerk's office for the court in question and asking if there are any notes on your warrant or summons that indicate what the judge wanted. At the very least, you can tell the judge you double-checked with the clerk's if... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to I remove traffic ticket

Pulled over in VA ,passing through,first ticket. Asked for extension I was told no,asked the clerk what to do. She said pay it. I did. Was charge with no show. This was almost 7 years ago. Of course its showing up in my background checks

Daniel P Leavitt
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answered on Sep 13, 2024

It sounds like you may have a warrant for failing to appear if they charged you with "no show." Maybe you mean they tried you in your absence? If there is a warrant for failing to appear you will need to take care of that. If they found you guilty in your absence there is currently no... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can an officer ask for my ID the passenger for not wearing my seat belt but not the reason for being stopped

Driver had no front license plate on vehicle but had license plate inside car

Daniel P Leavitt
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answered on Sep 13, 2024

There's a way to politely say that you prefer not to provide ID. And ask (on video or other recording) if you are required by law to provide ID and what the penalties are if you do not comply. If they tell you it's required and you will be arrested if you don't comply or face other... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can an officer ask for my ID the passenger for not wearing my seat belt but not the reason for being stopped

Driver had no front license plate on vehicle but had license plate inside car

David G. Parker
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answered on Sep 11, 2024

Appellate courts have held that an officer's request for a passenger's identification is lawful, even without suspicion of a specific crime or infraction. In this case, the officer is also claiming you weren't wearing a safety belt and so they would have reason to investigate that... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I please Not Guilty and question radar accuracy?

I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More

Daniel P Leavitt
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answered on Sep 13, 2024

An attorney can probably get you a much more favorable result. You admit to speeding 1-9 over the limit which is 3 demerit points. I can usually easily get that reduced to something that doesn't carry any points in Petersburg if that's where your ticket was assuming you were polite. You... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I please Not Guilty and question radar accuracy?

I was pulled over for speeding and ticketed going 57 in a 40. This was also my first time ever being pulled over and having any vehicle incidents. I was also going downhill and saw my speedometer did not go over 45. On the ticket it says my speed was monitored with a Front/Stationary radar;... View More

David G. Parker
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answered on Sep 8, 2024

You can certainly plead not guilty and challenge the radar accuracy. Just be aware that it's never easy to challenge the validity of stationary or moving radar results. The officer will more than likely be able to testify that he used tuning forks to check the calibration of his radar unit... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to go to court for my ticket or can I pay it online? Is this a misdemeanor? Is this going to be on my record?

I got a ticket for violation of VA CODE 46.2-861-1(B) and Local code is 422.01. It gives me a court date for Aug 22.

David G. Parker
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answered on Aug 1, 2024

Prepayable offenses should be marked on the court case information website (for more details, see: https://www.vacourts.gov/caseinfo/tickets_dc.html). I don't have enough information to answer your question about the Local Code violation, but the 46.2-861.1(B) offense is considered an... View More

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
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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

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: 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: 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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