Virginia Traffic Tickets Questions & Answers

Q: Can a cop say he saw me driving an issue a warrant even though he didn't pull me over

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
I don't think anything would prevent them from going before a magistrate and swearing out a warrant. I could be wrong about that, but I think they can do that. If they didn't stop you though, how do they prove it was you and not someone that looked like you? So they may have proof issues.

Q: I am currently trying to get my case or charges dismissed. I had a court appointed lawyer tell me I might end up doing

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
Registration charges don't carry the possibility of jail. Driving suspended charges carry the possibility of jail. Usually it helps to get your license back. In my experience, courts are going to look at the reason your license was suspended and whether or not you get it back. In addition, and perhaps the most important, is how many prior offenses you have for driving on a suspended license or related offenses like driving without a valid license... as well as your past criminal record. Some...

Q: I got pulled over for failing to stop at a stop sign in va. The cop gave me a ticket with a court date on it.

2 Answers | Asked in Traffic Tickets for Virginia on
Answered on Jan 11, 2019
Jessica Wildeus' answer
The short answer to your question is no, this would not be grounds for having your case thrown out.

Law enforcement officers can stop your vehicle to give you a citation when they notice you have broken the law in some way, such as by speeding or disregarding a traffic signal. While this isn't what we think of as an "arrest," it is temporary detention by an officer due to your infraction. What the ticket refers to as "arrest location" in this case just means the location where the...

Q: I got a ticket the other day for failure to obey highway sign. What can I do to not have that on my record?

2 Answers | Asked in Traffic Tickets for Virginia on
Answered on Jan 11, 2019
Jennifer Quezada Castillo's answer
It depends on the facts of your case and which code section you were charged under.

If you were charged under 46.2-830, and the facts of your case permit it, it would be best to seek a reduction to 46.2-830.1 in order to avoid assessing the demerit points on your driver's license. If however, the officer wrote the ticket as a way to avoid giving you a speeding ticket, and depending on the speed you were going, it might be best to pay the ticket.

If you were charged under...

Q: Got a speeding ticket (85 on 55) in Fredreick MD.Is it better to get it reduced to 20MPH below posted limit?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 31, 2018
Daniel P Leavitt's answer
As a general rule, it is always going to be best to get it reduced as low as possible. This is true because insurance companies differ in how they treat tickets, and at different speeds. In addition, if you get a future ticket, having that 30 mph over is a pretty serious prior charge. So I would say to get it reduced as low as you can. Maybe getting your speedometer calibrated can help you do even better.

Q: Will the Probation before Judgement(PBJ) in MD notified to DMV in Virginia?I mean will it show up in VA driving record?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 20, 2018
Daniel P Leavitt's answer
If you completed a Virginia driving school as part of the PBJ then that will show up. If there is no conviction then it should not appear. If there is a conviction for anything, then it will be reported. But if it was dismissed, and you did not do driving school then nothing would show up.

Q: Mechanic Liens misdemeanors and some felonies have a statue of limitations. What about traffic tickets?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Your traffic ticket had a sol in the same way as some felonyies. But once you're convicted there is no sol on a traffic ticket or a felony.

Pay the fine and costs and then pay the Virginia dmv the reinstatement fee if you want to drive here again.

Q: The question was about the statue of limitations not the proper procedure to drive my license is fine DMV is 11 years

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
Your privilege to drive is indefinitely suspended in Virginia if you don't pay the fine and costs in time and the reinstatement fee.

Q: What code section is tire sticking past fender laws in VA

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
46.2 is the traffic law in Virginia. If you got a ticket, it will give you the code section on the ticket itself.

Q: Any statue of limitations on traffic fines in Virginia got a bill on a traffic ticket 15 years old

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 18, 2018
Daniel P Leavitt's answer
You should pay the fine/costs and the reinstatement fee to the Virginia dmv so you are able to drive in Virginia again. If you failed to pay that then your privilege to drive here was suspended by law.

Q: If i get a speeding ticket in MD (85 on 55) will that be transferred as RD and Criminal offense in VA driving record?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 17, 2018
Daniel P Leavitt's answer
MD law will determine if it's considered reckless or a misdemeanor, but I'm pretty sure it's not. It should come in as speeding 20 mph or more which is still a 6 demerit point violation just like reckless.

Q: With me being an Active Duty service member can the state of Virginia "Cancel" my Virginia drivers license for moving?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Dec 6, 2018
Daniel P Leavitt's answer
https://www.dmv.virginia.gov/general/#outsideva/military.asp

If you're not a Virginia resident I'm not sure you can do this now but there is a provision if you had applied.

Q: Can we fight for disabled parking tickets?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 29, 2018
Daniel P Leavitt's answer
There are usually procedures to contest the ticket and that information is often on the ticket itself.

Q: If I get a parking ticket in Maryland and don't pay it, could I lose my license in Virginia at some point?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 26, 2018
Daniel P Leavitt's answer
I would recommend that you pay the ticket.

Q: My husband got a ticket today and he was going 41 in a 25 in a residential area and is that considered reckless?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 18, 2018
Daniel P Leavitt's answer
In Virginia that's not reckless driving. It must be 20 mph or more over the limit or over 80. So 81/70 is reckless even though it's 11 over but in a 25 zone it would need to be 45 mph to be reckless.

Q: Is it legal in va for state police to run your drivers license at a check point

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 15, 2018
Daniel P Leavitt's answer
These types of roadblocks are unfortunately legal.

Q: can Cops give people under the age of 18 a ticket, or does it have to be sent through the mail

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Nov 4, 2018
Daniel P Leavitt's answer
They can give someone under 18 a ticket but it will be heard in jdr court.

Q: What does it mean if my traffic ticket is 'waivable'?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Oct 29, 2018
Daniel P Leavitt's answer
Usually this means that you do not need to appear in court and you can prepay. If you do this you are pleading guilty and you will be found guilty and all of the associated consequences (insurance increase, points, etc) will attach so I personally almost never think it is a good idea to plead guilty if you can do better. What is the law section on your ticket?

Q: How many points off your license for, disregarding highway sign. 26.2-830

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Oct 17, 2018
Daniel P Leavitt's answer
If you are licensed in Virginia that's 3 demerit points under 46.2-830. A lawyer might be able to help you get it reduced or dismissed

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