Virginia Traffic Tickets Questions & Answers

Q: Can an officer pull you over in Virginia ONLY because they recognize you and know that you do not have a license?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 19, 2019
Daniel P Leavitt's answer
You should ride a bike or find a residence closer to work. If they have reason to believe your license is suspended then that's probably going to be fine.

Q: Hi I got my restricted license in 8/1/18 got pulled over 7/30/18 got convicted on 2/15/19 license got revoked now I’m

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 19, 2019
Paula Hough's answer
From what you are describing, it sounds like you were convicted of driving while you are suspended/revoked (for either a DUI or a drug charge) under VA code 18.2-272. One of the penalties under that statute is that the DMV takes your license for an additional 12 months (on top of the original suspension). In addition, you would lose your original restricted license. If that is the case, there is nothing you can do, other than wait out the suspensions, as your time to appeal the case has...

Q: If you have a reckless driving violataion can you go to online driving school or does it have to be classroom?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every court is different on their rules. Some courts have specific requirements. Some courts allow online driving school and some don't. You should have been given instructions to follow.

Q: Officer took my tags for being altered. How can i get them back from dmv in va? No ticket from officer

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
If they had a 19 in the year spot how were they expired? If the tags were illegal/altered then I doubt you're getting those back and you must be very grateful that you didn't get charged with a misdemeanor.

Q: What's the best course of action for a reckless driving charge in VA?

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every court is different on how they treat 92 in a 70. Some courts give jail time, others convict and suspend the license but don't give jail, and many others will reduce with community service/driving school. Talk to an experienced traffic lawyer in the location where the offense was. Once you hit 90 mph cases get exponentially more serious but what they do is up to the court. There may be a legal defense as well. Good luck.

Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on
Answered on Mar 3, 2019
Daniel P Leavitt's answer
Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's illegal to possess than you subject yourself to liability if you get caught. The same applies to radar detectors (illegal in some states and not others), speed limits (vary among the states), window tints (vary among...

Q: I got a speeding ticket in peterburg,va for going 70 in 40. Can i get My license taking or get jail time ?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 25, 2019
Daniel P Leavitt's answer
Yes. 30 mph over the limit in a 40 zone is a very high speed and both jail and license suspension are possible.

Contact a local lawyer for help on that one.

Q: can i get a ticket for crossing over a solid white line?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 17, 2019
Daniel P Leavitt's answer
You're not allowed to change lanes if it's a solid line so you're guilty of it. They may help you if you hire a lawyer.

Q: Ticket for not dimming lights 200 feet out (Virginia)

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Feb 3, 2019
Daniel P Leavitt's answer
You can go to court and plead not guilty. The judge will just make a decision one way or the other.

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Gov & Administrative Law for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

Q: What are the concequences when a 15yr3mth old get caught and ticketed for driving without a license in VA?

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Answered on Jan 23, 2019
Daniel P Leavitt's answer
His case will be in the juvenile and domestic relations court in the jurisdiction where he committed the offenses. The main one to be concerned with is the driving without a license because that's a misdemeanor. Many judges would continue the case to let him get his permit and consider dismissing with community service, etc. Whoever owns the vehicle should try to comply the loud exhaust and broken tail light to the extent they can. But continuing the case, if possible, for community service and...

Q: I received a ticket for stopping on a HWY. My driving record is good I have 3 points plus- I voluntarily took online cl

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jan 22, 2019
Daniel P Leavitt's answer
It just depends on the judge. A lot of people make the mistake of reading on google to do driving school. Or they think that doing voluntary driving school will help with a dismissal. It may help, and it may hurt your case. Many judges won't let you "double dip" by getting a dismissal AND getting the 5 good points. Some judges don't care. The short answer is that whether this was a good idea or not depends on the particular court your case was in. I rarely ever have clients do voluntary driving...

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.

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