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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was doing 90 in a 70,, I've gotten pulled over once before What are the chances of getting this dismissed or reduced
Gary D. Godman
Gary D. Godman
answered on Nov 3, 2016

Hard to say - depends on the nature of your past ticket(s) and the jurisdiction. Some judges have a "magic number" for speed when they start considering jail time as part of the punishment, and I've seen judges whose number is 90.

You've likely been charged with...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Speeding ticket, 43 in 25, +5 driving record. Should I go to court and try and have it dismissed (likelyhood?) or pay?

I haven't had a ticket in a long time and am not sure what the best course of action is.

Gary D. Godman
Gary D. Godman
answered on Oct 31, 2016

Depending on your previous record, including whether you've already been given the opportunity to have a ticket dismissed, you may indeed be able to request a reduction or dismissal from the court. You may need to attend traffic school. Consider consulting with a traffic attorney local to... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Police turned his lights on as I passed but didn't pull me over. Can I get a speeding ticket in VA if I wasn't stopped?
Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Unless the officer was able to get your plate number, how would he identify you to issue the ticket? Sometimes, a police officer will briefly turn on his flashers to warn someone to slow down. Perhaps that is what happened. If he had wanted to stop you, he would have.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What is the typical charge in VA for speeding and driving on a restricted license outside of your approved areas?
Gary D. Godman
Gary D. Godman
answered on Sep 20, 2016

It depends what has actually happened. The driver could be charged with simple speeding, but high speeds could lead to a reckless driving ticket (a Class 1 misdemeanor and therefore a criminal charge). Driving on a suspended license outside of restrictions is another misdemeanor. I would wager... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Intersection; Approaching a flashing red school bus from opposite direction. Can I turn right since I'm not passing bus?
Gary D. Godman
Gary D. Godman
answered on Sep 20, 2016

Hard to say without seeing the actual intersection and road. The applicable law (http://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-859/) says you shall stop if approaching the bus from any direction, but it is correct to say there are instances when you don't have to, such as... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My and my housemate's car's plates were tampered with by neighborhood kids. I got pulled and have to go to court.

I have rectified by plates. Am I going to go to jail?

Gary D. Godman
Gary D. Godman
answered on Sep 13, 2016

Seems doubtful based on your brief description of the facts, but it's impossible to say without knowing what you were charged with, finding out what the officer(s) would say, and having a better idea of the whole of the case. Consider speaking with a criminal defense attorney in your area.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket for violating VA code 46.2-821. I am trying to prepare my defense.

I am trying to interpret the legal definition of intersection according to the state code to see if they charged me with the right charge. I was merging onto Peppers Ferry Rd from 460 in Christainsburg Va without changing lanes moving towards outback steakhouse. I did not cross roads, or even... View More

Gary D. Godman
Gary D. Godman
answered on Sep 8, 2016

Because your question depends on the specific facts of your ticket (the intersection, your speed, outside factors), we really can't give a solid, general response to your question on a website like this. You can either take pictures of the area and explain your situation to the judge, or,... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Failure to yield to pedestrian is it affect points

Penalty 46.2.924 Failure to yield to pedestrian

Gary D. Godman
Gary D. Godman
answered on Sep 6, 2016

You can view how points correspond to offenses at the Virginia DMV website here: http://www.dmv.state.va.us/drivers/#points_you.asp. A quick review didn't show a point value for general failing to yield to a pedestrian, but I am not sure that list is comprehensive. Contact DMV directly to... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Virginia on
Q: can i get this virginia code 46.2-391.2 removed from my drivers license record if my dui charge was dismissed
Susan Fremit
Susan Fremit
answered on Aug 14, 2016

This involves an administrative suspension of your driving privileges (license) upon being arrested for a DUI. The fact that you were later found not guilty of the DUI has no impact on the original 7 day suspension.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What's the grace period an officer is supposed to give you to show up to court after giving you a speeding ticket in VA?
Gary D. Godman
Gary D. Godman
answered on Jul 7, 2016

There's not really a grace period, but if it is less than 5 days away, that should be a sufficient reason to ask the court for a continuance. If court has already come and gone, you would have 10 days to appeal any conviction to the circuit court. Consider consulting with a traffic attorney... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Received a tint ticket (46.2-1052) in VA does this mean its a misdemeanor? And if i get another ticket what will happen?

Any person or firm who applies or affixes to the windows of any motor vehicle in Virginia sun-shading or tinting films that (i) reduce the light transmittance to levels less than that allowed in subdivisions 1 and 2 of this subsection, (ii) have a reflectance of light exceeding 20 percent, or (iii)... View More

Gary D. Godman
Gary D. Godman
answered on Jul 7, 2016

Yes, the first offense is a Class 3 misdemeanor, punishable by a fine of up to $500, but no jail time. Yes, if you get a second offense, you could face a punishment of a fine up to $1000 and/or a jail sentence of up to six months. Is it likely to lead to jail time? Usually not, but it depends on... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Virginia on
Q: If I got issued a drug related ticket and they put s wrong name on it can it be thrown out
Gary D. Godman
Gary D. Godman
answered on Jun 6, 2016

It depends - was it a simple misspelling, or is it a case of mistaken identity? Either way, almost any drug charge has the potential of a jail sentence. If you haven't hired or been appointed a defense attorney yet, do so quickly and review the facts with him/her. Good luck.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a seatbelt ticket and the reason for me getting pulled over was I had an air freshenerso my rearvie wmirror

I was unaware that I could get pulled over for that I was just going to pay the ticket because it's 25 the seatbelt gives me a rash on my neck which is visible my friend said I should go to court

Gary D. Godman
Gary D. Godman
answered on Jun 6, 2016

Hello again! Unfortunately, having an object hanging from your mirror is in fact unlawful in Virginia. See VA Code 46.2-1054, Suspension of Objects: http://law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1054/. Because the officer appears to have initiated a lawful stop due to the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Can you only get a seatbelt ticket
Gary D. Godman
Gary D. Godman
answered on Jun 3, 2016

Yes, it's possible - you can be charged with a seatbelt violation for a minor, or you could have been pulled over for some other legitimate reason and then only receive the seatbelt ticket.

You can review the applicable laws here:...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a speeding ticket and the officer set the court date less then 24 hours later, is this legal?
Gary D. Godman
Gary D. Godman
answered on Jun 2, 2016

I don't think it's illegal, but you may have a good excuse for not showing due to the quick turnaround. If you're reading this now, it may be too late, but go to court if at all possible, and if you need more time and want an attorney, request a continuance. If you don't show,... View More

2 Answers | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: Is the officer allowed to give me a ticket while I was under the influence of narcotics?

I was recently involved in a car accident. Me and the other driver were taken to the hospital. When I came back from my CT scan a officer was in my room waiting. He gave me a ticket saying "I find you at fault for the accident because of an eyewitness". My question is can the officer... View More

Gary D. Godman
Gary D. Godman
answered on May 24, 2016

Sure, that doesn't affect whether he can give you a ticket. You were coherent enough to understand what was going on - you have the ticket and you remember what he said. Go to court as summonsed. You may want to consider consulting with a local traffic attorney to help protect your driving... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I am a 1 year probation which ends this month for a reckless driving ticket and received another ticket on Apr 30.

My question is, when I appear in court will the judge in Arlington County be able to see this new ticket from Prince William County prior to the court date for the second ticket.

Gary D. Godman
Gary D. Godman
answered on May 3, 2016

It's certainly possible. It's also possible the judge will ask you under oath if you have had any new tickets, in which case you will have to say yes. If you previously had an attorney on the reckless charge, ask him/her what the likely outcome in your jurisdiction will be. Good luck.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I just got my second reckless driving ticket for going 73 in a 45. What could happen to me and what should I do?

I am 18 and enlisted in DEP for the Marine Corps. My ship out date for boot camp is June 20. I have already gotten a reckless ticket last year for going 20 over the limit. This time I was going 73 in a 45. My court date is May 2nd and I cannot afford a lawyer. If I get a jail sentence I might not... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 27, 2016

Immediately hire a Criminal Defense lawyer to represent you in this matter, as you may face extreme prejudice otherwise.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is it legal to Drive a Junk car to a junkyard , the car runs but is not tagged or insured .

The car is drivable but is not tagged or insured . We would have someone follow us

Gary D. Godman
Gary D. Godman
answered on Apr 20, 2016

No, vehicles need the proper plates and either insurance or a payment of the uninsured vehicle fee to be legally operated on the roads. Best to get a trailer or have it towed.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is there anyway i can avoid jail time for my third driving on revoked drivers license offence
Gary D. Godman
Gary D. Godman
answered on Apr 19, 2016

A third offense carries a mandatory 10-day sentence. You can read the code at this link: http://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-301/. There may be some legal maneuvering that an attorney could manage if he/she is familiar with the jurisdiction to help avoid that time,... View More

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