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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: can a case be retried if tried in my absence? I was granted a continuance but they tried my traffic case anyway...

The case was continued twice because the officer wouldn't be present, i saw online that a continuance for dec 12 had been placed, then I called the day before the case to verify with the clerk, in which she notified not to come since it was continued, but then i received a notice of fine with... View More

Wilfred Yeargan
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answered on Dec 3, 2017

Contact the clerk of court and request to file a Motion to Reopen the case. Explain to the judge at the hearing what happened, and show him your proof. The judge will more than likely vacate the judgment and set a new trial date at the officer's next court date.

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: I got a reckless driving charge 3 years ago and was dismissed should it still show up on my record?

Its causing me to have higher insurance because of it..

Bryan J. Jones
Bryan J. Jones
answered on Dec 2, 2017

If the charge was dismissed, it should not appear on your record. The best thing to do would be to have the charge completely expunged from your record so that your record doesn't even show that you were charged with reckless driving.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Reckless speed ticket, what to do? Please, advice!

I took my daughter to her ped in Arlington and they have 2 offices locations.I always go to the one near by my house,and the office that I went today it`s in an area that I`m not familiar with.So when I was leaving the building with my daughter, I turned right and went into an avenue that... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 1, 2017

You should absolutely schedule a consultation with a traffic lawyer in your local area to discuss your case. Reckless driving is a serious ticket. A lawyer may be able to work with the Commonwealth to reduce the charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is there a such thing called "right to travel?" and does that mean you can drive without a license?
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answered on Nov 26, 2017

No, driving in Virginia is a privilege, not a right. You must have a valid license to drive in this state. It is a misdemeanor offense to drive without a license, punishable by potential jail time and fines.

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If I plead guilty to a traffic misdemeanor in the state of Virginia, does that mean I have been convicted of a crime?
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answered on Nov 22, 2017

Yes, if you enter a plea of guilty to a misdemeanor and are found guilty by a judge, you will have a permanent criminal conviction on your record. You cannot expunge criminal convictions in Virginia.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My name was spelled wrong on a citation for misdemeanor possession. Is that grounds for license to dismiss?

Both officers had my i.d. at the time.

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answered on Nov 18, 2017

No, in Virginia the courts call that harmless error and do not dismiss the Summons. The Judge will correct the mistake and move forward with the case. You need an experienced criminal defense lawyer to review the case and analyze the facts to discover any technical defenses to the offense. It is... View More

1 Answer | Asked in Car Accidents, Criminal Law, Federal Crimes and Traffic Tickets for Virginia on
Q: Will my second reckless driving ticket be a felony? The second is for an accident, the first was for speeding

One person was hurt and taken to the hospital, ticket says reckless driving general: endangering others, or something like that

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answered on Nov 17, 2017

No, it will be charged as a Class 1 misdemeanor. This is punishable by jail time of up to 12 months, a fine of up to $2,500.00, and/or suspension of your driver's license for up to six months. You need to consult with an experienced traffic defense attorney. They can help you possibly get... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I recieved a speeding ticket for going 83/70. It does not say anything about being reckless, but i am unsure.

People are telling me different answers on whether it is considered reckless or not. This is my first time being pulled over.

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answered on Nov 12, 2017

Check the state code section on the Summons. If the code section reads 46.2-862, it is charged as Reckless Driving, a misdemeanor. If it reads 46.2-870, it is charged as Speeding. You can call my office at 703-352-9044 for a free consultation if you have questions or need assistance.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a traffic court next week and it shows that it is a Misdemeanor. What does that mean?

Do I have to get a lawyer?

Wilfred Yeargan
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answered on Nov 12, 2017

A misdemeanor is a criminal offense punishable by fines and possible jail time. A conviction goes on your permanent criminal record as well as your driving record. It is advisable to hire an attorney for these types of charges. The attorney can help you get the charge dismissed or reduced to a... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Is fear of life a defense against reckless speeding

I was cited for general reckless driving, speeding in excess of 30. It's in appeals after an unsatisfactory performance by a my defence. I was running from a domestic abuser, I was going to the domestic courthouse to seek protection. At the very least I'm aiming to have restricted use of my vehicle.

Bryan J. Jones
Bryan J. Jones
answered on Nov 10, 2017

If it was necessary to save your life or to save yourself from serious danger, it could be a defense. But that would be very difficult to prove. The prosecutor will say that you should have called 911 instead of risking the lives of other drivers. It might be best used as mitigation. You could... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: gotcharged as minor for driving without license and past curfew.But will be 18 by court date,will I be charged as adult
Bryan J. Jones
Bryan J. Jones
answered on Nov 10, 2017

No. You'll still be treated as a minor because you were under 18 at the time of the offense.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got charged for driving with no license as a minor but by my court date i will be 18, what does that mean?

I also got charged for driving past curfew. Any idea what kind of penalty or fee I will face?

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answered on Nov 6, 2017

It is a misdemeanor offense. You need to contact an experienced criminal defense lawyer for assistance. If you can get your license issued you may be able to get it dismissed for compliance. The curfew charge may be deferred for dismissal for completion of a driving program. Contact my office... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for reckless driving because brakes failed to stop down hill in rain & I borrowed it from a friend

The car was not mine & inspection was up to date. Had no idea there was anything wrong with it when I borried it. My 2

young kids were with me we had just left St. Marys Hospital, its raining, going down a hill, at night 9:30PM, not going fast at all, tried to stop at the 1st light... View More

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answered on Nov 3, 2017

Contact an experienced criminal defense lawyer for a consultation. The charge may be dismissed or amended to a traffic infraction. It is charged as a Class 1 misdemeanor and, if convicted, you may receive a suspended license and possible jail time. I do not recommend going to court unprepared.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: I have a felony in one county and get a reckless speeding ticket in another , and I am on probation. what will happen?

this is my first speeding ticket

Bryan J. Jones
Bryan J. Jones
answered on Oct 26, 2017

A reckless driving ticket is a misdemeanor offense, but it's unlikely to make much of a difference for your felony charge. Unless your felony charge is a driving related offense. If you're felony is a driving related offense, it could make s difference.

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: Hello so I have a felony charge but I just got a reckless speeding ticket what is going to happen

My first speeding ticket the officer said I was cooperative and polite I just don't know what to expect

Wilfred Yeargan
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answered on Oct 26, 2017

The answer to your question depends on whether you are on probation for the felony charge or if it is still pending in the courts. If you are on probation for the felony, you may be violated for a misdemeanor traffic conviction. If you are not on probation yet and the felony is pending in the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Got my first traffic ticket going 70 in 55 in Virginia. Do you think it's possible to get the points removed?
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answered on Oct 26, 2017

Yes, it is quite possible. Each county of Virginia is different and my advice will change depending on where the ticket is located. Please give my office a call at 703-352-9044 and I will give you a free consultation.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Just received first speeding ticket in 24 years 90/70 reckless driving can it be reduced with no points I'm out of state

I have a clean record no criminal or traffic violations and I am a Correctional Officer who was bringing son home from Marine Corps boot camp graduation. Not looking for excuses but really would like charged dropped with no points. What should I do. Court hearing is set for January 30, 2018

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answered on Oct 22, 2017

The offense is charged as Reckless Driving, a Class 1 misdemeanor in Virginia. The punishment if convicted is up to 12 months in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months.

There are technical defenses to the...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: What could be consequence of 46.2-834 summon?? Thanks

I Tooke exit from Route 7 to Ashburn Village BLD, when I turned to Ashburn Village BLVD west, I noticed some Billers, moving a little bit more, I noticed the gaps between billers were more. and Police car

was in the middle of Ashburn Village BLVD and Route 7 Exit, I thought he has blocked... View More

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answered on Oct 19, 2017

You may be able to get the charge reduced to a non moving violation or an offense that does not go on your driving record. It is possible to get the charge amended by agreement with the Commonwealth Attorney. You may avoid the four point conviction on your driving record. Give my office a call at... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Child got 47/35 - plead no contest. Charge dismissed pending 6 mo probation. See below for complication.

BUT the week before trial date got a 75/55 (not reckless). Wondering if conviction on 2nd ticket reinstates first. Initial ticket 8/4/17, Court Date 9/27/17. 2nd ticket 9/20/17.

One thought is that probation period starts 9/27 and goes 6 months - but I don't know how the court... View More

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answered on Oct 13, 2017

The child's first case was likely deferred for six months for dismissal if he or she completed a driver improvement course and kept a clean driving record. A conviction on the second charge will endanger the deferral proceedings and the judge may enter a finding of guilt on the first offense.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Hello have a friend that's has traffic ticket outstanding balance and a warrant on her but she called

Can she get a dismissal of the warrant on her??

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answered on Oct 10, 2017

If she has a serious traffic ticket and she failed to appear in court, the judge may have issued a bench warrant for her arrest. Your friend can file a motion to vacate the bench warrant, but she needs to act fast before she is picked up on the warrant. I can file a motion immediately after I am... View More

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