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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is a reckless driving ticket considered an arrest? If so, is the arrest submitted on your criminal record (NCIC)?

Would also like to know if the charge is reported in national federal

searches if you’re not convicted of the charge? Does the charge show up on a global entry background search?

Shemeka C Hankins
Shemeka C Hankins answered on Nov 10, 2020

I don't know that anyone here could answer this concretely for you. Government background searches are the most in depth. If you weren't convicted, it more than likely won't show as a ticket (summons) is not considered an arrest. Prior arrests do show on background check but these... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My question is, if my name is spelled wrong on the warrant, are there any legal grounds to have it thrown out?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 29, 2020

Usually no, especially if your license number is correct and the name is close. But if the license number on the ticket comes back to Tiffany Johnson and the name on the ticket is Michael Smith then you've got a potential defense.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My ticket doesn’t have a case number on it?

So I got pulled over for speeding in October and my court hearing date is set for November and I’m trying to pay it online but can’t find my case? The yellow piece of paper the police gave me doesn’t have a case number so I’m down to use only my name and hearing date and time and I’ve... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 21, 2020

I'm not sure why you would ever want to pay a ticket because you're pleading guilty and usually the insurance would cost more eventually than paying the ticket.

I would call a traffic lawyer in that area.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dmv certified letter requesting I do a driving school months after I paid off a ticket?

I'm a 19 year old male. I was pulled over for speeding back in May, but the officer let me off with a failure to obey a highway sign. I went online and paid it since it was a simple moving violation. However, I recieved a letter in the mail today saying I must complete an 8 hour class or my... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 19, 2020

DMV rules regarding your age and a moving violation. There are different rules for younger drivers.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing for reckless driving (100+) tomorrow with no lawyer. Should I expect to go to jail right there?

Already got the case continued twice due to not having money for a lawyer but still don’t have the money to afford a lawyer. I’ve spoken to lawyers and kind of know jail time is pretty much guaranteed. What should I expect with jail time and my license?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 13, 2020

Every court and every judge is different and at different speeds. 100+ is too general. I've seen people (not my client) get 30 days in jail at 95 mph and I've had clients get no jail at 121 mph. I recommend borrowing money to hire a good lawyer.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 11, 2020

Maybe rethink how you are reaching out to the lawyers. Every lawyer I know won't hesitate to help with a reckless driving charge. Maybe you're contacting lawyers who don't practice in the court your ticket is in. Make sure the attorney does traffic work and their office address is... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a "Reckless Driving" ticket in Northern Virginia in July and have a court hearing this week.

In July of this year i was driving 20mph over the speed limit, unfortunately i did not realize how fast i was driving before it was too late. I was pulled over and as calmly and politely as possible did what the officer asked. All while having a panic attack. This was my first ever offense while... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2020

Yes - Reckless Driving is a class one misdemeanor in VA for going over twenty miles above the posted speed. It carries a penalty of up to twelve months in jail and up to a $2500 fine. Depending on how fast, where you were driving, and road conditions, it could end up in jail time but nowhere near... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How much time does an officer have to file a reckless driving/speeding ticket from the date the ticket was written?

Received reckless driving/speeding ticket on Sept 1st.

Court date is listed as October 1st.

Have yet to see my name or case information filed with the courts online.

If the officer doesn't file by a certain date after the ticket was written could the ticket be considered null and void?

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Mistakes in the system happen. The officer has technically until the court date. Your summons is your notice to appear. However, obviously this could cause some issues for the officer if it does not appear in the court's system or on their docket. This doesn't really mean your charges... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son is 17 and recieved a ticket for failure to yield what can be done
Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Your son will go to juvenile and domestic relations court. I would seek out an attorney who is local to you that practices in that court frequently who can give you an idea of what the judges are like in your area. Obviously you and your son will potentially fair better if you have an attorney but... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to ask for dismissal or reduced charge in Traffic Court?

Virginia Interstate 81 I had a single car accident. Heavy rain storm and car hydroplaned when I slowed down for exit. Avoided other cars but slid off road causing damage to the car I was driving. Cited for Failure to maintain control of vehicle-not cited for anything else . Have since learned... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

Sounds like I would appear and maintain the same. Sometimes an accident is just an accident, especially since there were no other cars involved in the accident. I would take the time to speak to an attorney that's local to your area and get a feel for the judges there but sounds like... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My boyfriend got a ticket for driving on a suspended back in November 2018 and he just got convicted for it on 8/02/2020

He never received any notice he was being convicted or that a court date had been set, not even back in 2018, and the ticket was not filed until 1/21/2020...can they wait 2 years to file a ticket? Is there any way to fight this; especially since we had no idea he even had a court date?

Wilfred Yeargan
Wilfred Yeargan answered on Sep 2, 2020

Yes, your boyfriend needs to file a Motion to Rehear the case. He has 60 days to file this motion from the date of conviction. The appeal period is only ten days, so this is his only option.

Contact my office and we may discuss the facts related to the filing of the case. He may have...
Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What’s the best step to remove or reduce my citation/points? I was pulled over for speeding 77/50... please help! Thank

The Officer pulled me over 77/50 in Fairfax County in 3 lane Parkway but he told me that he did not mark me as “Reckless” And he put general traffic ticket instead. I have a good driving record. What’s the best way to remove or reduce my citation? Show up in the court and explain my part? Thanks!

Shemeka C Hankins
Shemeka C Hankins answered on Aug 19, 2020

More than likely it would be best for you to take a driving course online. One it may convince the judge you are taking this seriously and want to commit to better driving habits. May convince them to reduce it to an even lower speeding. Two, taking a class that is not ordered by the court has a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for going 84/60 on the interstate, this is my first violation ever I just turned 18, will I qualify to

Traffic school to wipe the points off my license and keep my insurance rate low? And also can I ask for a mitigation ?

Paula Hough
Paula Hough answered on Aug 7, 2020

Depending on the jurisdiction and Judge, you may be able to get your charged reduced or dismissed. You should reach out to a local attorney, who can advise you on whether or not you need an attorney and what steps you can take to mitigate this charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Does Traffic Code 46.2-821 come with demerit points?

Did not stop completely for 3 seconds at a stop sign

Shemeka C Hankins
Shemeka C Hankins answered on Jul 10, 2020

Failure to stop and yield the right of way is a four point demerit. Failure to obey a traffic sign is a three point demerit point. sometimes the officer writes the ticket is interchangeable. Hope this is helpful - good luck!

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket yesterday going for 56 on a 45. But didn't have a case number. What should I do?
Stephanie A. Pease
Stephanie A. Pease answered on May 21, 2020

Once the officer files the ticket with the clerk of court it will be assigned a case number. You may go on line to the court’s on line information system to obtain your case number searching by your name. Sometimes it may take several days for the officer

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hello, I got a reckless driving ticket 76/45 construction zone, law section 82-1-6-46.2-862(i).

I was driving back from my work, and I needed to get home as soon as possible to take medicine because I felt, I have contacted with sick people at my work. Since I got Ticket, it is not big excuse but I am wondering if I can minimize fines or charge.

Daniel P Leavitt
Daniel P Leavitt answered on May 15, 2020

Usually a lawyer can help. 31 mph over the speed limit is a pretty high speed reckless driving but depending on the jurisdiction a lawyer can probably help you. Call the traffic lawyer who practices regularly in the court where you got the ticket.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was cited for failing to obey a sign (reduced from a possible speeding charge). Pay or go to court? 5 safety points.

I wanted to know if because of my safety points the violation would affect my insurance rates and ability to work for a company such as DoorDash? Would it be best for me to go to court and see if I can go to traffic school to get the ticket expunged. I am going through a marital separation I... Read more »

Wilfred Yeargan
Wilfred Yeargan answered on May 15, 2020

You have an excellent driving record and may be able to get the charge deferred for dismissal with a driver improvement course or reduced to a non-moving violation with no points. You need to consult with a good traffic lawyer with experience in the county in which you got the ticket. Convictions... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a FTA warrant from 2009 for speeding and I was deployed on the court date. I need to quash the warent, ple no con

citation-j1403tr201101331 Need help quashing the warrent and pay the fine to get my license back in Virgina

Daniel P Leavitt
Daniel P Leavitt answered on May 9, 2020

You will likely need to hire a lawyer who can advise you on the particular court it's in. Generally courts in Virginia don't issue FTA charges unless it's a really high speed. In my experience the military won't let you deploy if you tell them about a charge like that. Either... Read more »

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