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Virginia Traffic Tickets Questions & Answers
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

1 Answer | Asked in Traffic Tickets for Virginia on
Q: In Virginia, I was tried in absentia and found guilty for speeding over 20mph.

I've found that my name was misspelled on the court documents, is there a way to fight this for a mistrial?

Gary D. Godman
Gary D. Godman
answered on Apr 14, 2016

On its own, a simple misspelling is not going to negate your ticket. If there's something more, such as not receiving notice due to the name error or a case of mistaken identity, you may have options to undo the problem. However, it sounds like you are hoping the misspelling by itself will... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket going 52 in a 35 at night, can I get a ticket if I couldn't see the cop and none of his lights were on

It was pitch black and I couldn't see the cop and I got pulled over and he was also in an unmarked car and was joined by a second cop in a marked police car.

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

You got clocked while he was hiding off to the side in the dark? I assume he then turned on his lights and pulled you over? Sounds like a legitimate stop to me. Consult with a local traffic attorney if you feel there's more to it.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket for speeding from an office passing me in the opposite direction. But the time was put in PM not AM

Would putting that it occurred at night when it was in fact morning daytime matter? As far as dismissal

Gary D. Godman
Gary D. Godman
answered on Apr 12, 2016

This is the type of minor administrative error that will likely be corrected by the officer or prosecutor at the hearing. It's not likely to be a get-out-of-ticket-free card. Consider consulting with a local traffic attorney if you feel there's more to the case. Good luck, and slow down.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Could police issue tickets for dog at large if they didn't see it?

My dogs got out for 30 sec ran into my neighbors yard and came back. My neighbors called 911 and the officer issued tickets for my dogs being at large is that allowed

Gary D. Godman
Gary D. Godman
answered on Apr 11, 2016

Sure, they can issue tickets, and they can subpoena your neighbor as a witness to the offense. While the officer may not have any testimony to give, the prosecutor may be able to get all necessary information from the neighbor. Speak with a local criminal defense, animal law, or general practice... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: (24-3) 46.2-833 disregard red light Can I get out of this ticket ?

it was a construction zone and I was making a left-hand turn but the lights were not properly aligned with the lanes so I missed read it and turned left on a red arrow

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

It's always possible a judge could reduce or dismiss a ticket depending on the specific facts of the case and the defendant's driving record. You would do well to bring photos of the intersection and the alignment of the lights to your court date to bolster your explanation. And, if... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket two weeks ago, speeding 52 in 35 and it states that I can pay the ticket online, but I can't find it

I have looked it up by my name, the court date & ticket number but all searches have no results. The officer did not write his badge number or name in so I can not look it up that way. How long does he have to enter the information? And if I call to pay it and it can not be found due to it... View More

Gary D. Godman
Gary D. Godman
answered on Apr 5, 2016

Very odd! Have you selected the correct county/city (i.e. the county/city where you were pulled over, not where you live)? Are you looking at General District Court case lookup (https://eapps.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing)? If you have no luck, call the court... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got my license like 2 months ago I'm 18 & my 1st ticket is reckless driving 84 on a 55 is it a possible chance

For my reckless driving not be on my record since is my first ticket ever & could I get some tips what say in court they stop me at 3am

Gary D. Godman
Gary D. Godman
answered on Apr 1, 2016

At that speed, it's hard to see it getting wiped completely from your record unless you are found "not guilty" or you hire a traffic attorney who is familiar with the jurisdiction in which you were ticketed. Many traffic attorneys suggest you get your speedometer calibrated by a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got speeding ticket (67 MPH over 45) but no reckless. My driving record is clean since 2008. May judge give me RD?

I got a speeding ticket in VA (67 MPH over 45 MPH) but the officer didn't give me reckless since my driving record is completely clean. I have been driving in the US since Jan 2008 and haven't received any ticket. So, my clean record is the only thing that may help me. I have 2 options:... View More

Gary D. Godman
Gary D. Godman
answered on Mar 30, 2016

If you weren't charged with reckless driving by speed (or any other type of reckless driving) on the ticket, the judge isn't going to "upcharge" you if you go to court. Same thing if you pay it online. It's still a 6-point violation on your DMV record if convicted, so if... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What does and doesn't go on your driving record in Virginia?

If I get a ticket from a camera, does it go on my record?

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

If it's a moving violation, it depends on whether you were convicted, not how you were caught. If you're found guilty of a moving violation on a ticket from a camera, it's going to be on your DMV record.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a ticket for speeding (19 MPH) and improper passing. Will I get 4 or 7 demerit points if found guilty?
Gary D. Godman
Gary D. Godman
answered on Mar 10, 2016

As I recall, you get points assigned from each offense. That would make 7. You may want to contact DMV to be sure - http://www.dmv.state.va.us/general/#utilities/contact.asp. A quick review of their website doesn't seem to answer your question.

This is why it's a good idea to...
View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What should I do wit a parking ticket for parking in a disable space. I have a state of VA disabled parking placard.
Gary D. Godman
Gary D. Godman
answered on Feb 22, 2016

Take the placard and any supporting documents to your court date and show them to the judge. He/she may or may not dismiss the ticket, depending on other factors that you may not have mentioned here. Good luck!

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Speeding ticket questions; Can I fight this? Help; or is it to late?

I recently got a speeding ticket back in sept. 28 in state of South Carolina, i was coming back from ATL. I am from VA; I recently got my license back from my first suspension and i serve the first three months. So when I got it back, i JUST Got my license; My DMV record earlier show I had -7 pts... View More

Steve Miyares
Steve Miyares
answered on Jan 29, 2016

It sounds like your first step would be to consult with an attorney in South Carolina to see what you can do regarding the ticket you received in South Carolina. From what you describe, it sounds like DMV in Virginia is merely taking action on what was reported to them from South Carolina.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket a 91 in a 70 if judge didn't say I gtta take a class but DMV does do I have to take the class
Steve Miyares
Steve Miyares
answered on Jan 29, 2016

The judge would have imposed a penalty for the speeding offense. That penalty might or might not have included taking a driver improvement class. However, DMV regulates the licensure of drivers, which is different than penalties for traffic violations. For example, if you are arrested for a DUI... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was pulled over for lights and I was written 3 46.2-1002 tickets. Can they to this?
Steve Miyares
Steve Miyares
answered on Jan 4, 2016

You can be ticketed and charged. However, being charged does not necessarily mean you will be found guilty. You should consult with an attorney about the specific facts and circumstances about your particular situation.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was pulled over for going 83 in a 70 in VA. What will I likely get in court?

Was charged with reckless driving. We had been driving all day from NC to VA looking for an apartment due to a military move. I was exhausted and just hadn't paid attention to my speed. This is my first offense and I have court on Monday and I'm very nervous. I have to bring my kids... View More

Steve Miyares
Steve Miyares
answered on Jan 4, 2016

Reckless driving is a Class 1 misdemeanor punishable by up to 12 months in jail and up to a $2500 fine. You should not discuss your case on this website or any other public forum. You should meet with a criminal/traffic defense attorney to discuss the specific facts and circumstances of your... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Will a clear concise picture of my licence tags in VA suffice as evidence against a traffic stop for improperly mounting

Can I beat this ticket with a clear cut picture I took of my license plates. It clearly shows the state and the decals.

Steve Miyares
Steve Miyares
answered on Jan 4, 2016

You would need to establish a foundation that your photo is a clear and accurate representation of the plate at the time you were ticketed for the offense. If so, then the photo could be admissible as evidence. However, that does not guarantee you would prevail in your defense. Although the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Does a 3rd brake light and one tail brake light count as at least 2 working brake lights as required by Virginia law?
Steve Miyares
Steve Miyares
answered on Jan 4, 2016

No. Although an initial reading of the statute appears to suggest it could satisfy the requirements, there is appellate case law that says it does not. Under Virginia law, all the lights must be working as intended by the manufacturer. Therefore, if the manufacturer built the vehicle with two... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Am I able to go in front of a judge to get a restricted license I have fines that are old.

About 5 years ago I got arrested and got some traffic tickets, I did time on various warrants/charges and when I finally came home my fees and fines had been transferred over to some firm with a ton of interest and other fees.

I cannot get work in my area of Virginia , Norfolk without... View More

Kristin Paulding
Kristin Paulding
answered on Jan 3, 2016

Yes, you can petition the Court for a restricted driver's license. You may need to present a current DMV abstract to show that you have not been in any trouble in the last few years. The Court may also ask you why you are applying for the license. The Court may be more likely to grant you a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was driving on revoked license but on the summons it states that I was driving a coupe but I was in a sedan?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

That appears to be a minor problem to me. There can easily be an amendment. What you need is a local criminal defense attorney for this.

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