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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: Do I need to go to court for my ticket or can I pay it online? Is this a misdemeanor? Is this going to be on my record?

I got a ticket for violation of VA CODE 46.2-861-1(B) and Local code is 422.01. It gives me a court date for Aug 22.

David G. Parker
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answered on Aug 1, 2024

Prepayable offenses should be marked on the court case information website (for more details, see: https://www.vacourts.gov/caseinfo/tickets_dc.html). I don't have enough information to answer your question about the Local Code violation, but the 46.2-861.1(B) offense is considered an... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

David G. Parker
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answered on Jun 7, 2024

Federal courts have ruled that, during lawful a traffic stop, an officer may ask passengers for their identification. They justified this by describing such requests as "minimally intrusive" and in the interests of officer safety. And so while we may disagree with this authority, it is... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was driving I had wrong tags on my vehicle but the officer went to passenger side and asked my girlfriend for her name

She gave wrong name because she had a warrant she got arrested what cause did he have to talk to her

Daniel P Leavitt
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answered on Jun 5, 2024

Generally the police don't need cause to ask questions. And you are free to refuse to answer questions. Although in certain scenarios you might face consequences for that such as vehicle accidents where there is a duty to provide some identifying information.

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

In most states it is illegal to pass a school bus WHILE it is displaying red flashing signals and/or a stop sign. If the bus displayed these AFTER you passed, you did not commit a violation, but you do not say whether you were cited or not. The police will most likely not issue a citation they did... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get a ticket for passing this school bus?

The bus was approaching a railroad, with its hazards on. Neither the yellow or red flashing lights were on when I passed, however when I checked my rear mirror the red lights were flashing and the stop sign had been put out. None of these were on when I made the maneuver but now I’m worried I... View More

Daniel P Leavitt
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answered on Jun 5, 2024

In Virginia the bus has to be stopped when you pass it. It doesn't sound like you committed a violation. If the bus was already stopped when you passed they can use a camera ticket (traffic infraction) in the mail but the bus would need to be stopped with the sign out before the pass. Or you... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I take an online driver course at 19 to offset demerit points for 60mph in a 45 if my prior driving history is clean
David G. Parker
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answered on Apr 3, 2024

Attending a DMV-approved driver improvement clinic voluntarily may result in you being awarded 5 safe driving points. This can be done once every two years. When you enroll you should be able to provide your reason for attending the clinic; if it's entered into the system as being done... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get in trouble for accidentally passing a school bus?

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

Jessica Greenberg
Jessica Greenberg
answered on Apr 15, 2024

Whether you get a ticket will largely depend on 1) if the bus driver noted you, felt you were passing them and reported you, and 2) if the bus had video cameras (the distribution of those cameras is very sporadic). This is a tough one, because the judges take it very seriously in light of the risk... View More

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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Will I get in trouble for accidentally passing a school bus?

Hello,

This morning I was driving to work and a school bus pulled out in front of me and I quickly switched to the next lane over. The reason I’m concerned is because as soon as the bus pulled out they were slowly moving and I didn’t realize they were about to stop again. I’m not... View More

David G. Parker
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answered on Mar 22, 2024

There are two Virginia statutes governing the passing of a school bus. They both discuss a vehicle "approaching" a stopped school bus and require that the school bus actually be stopped when it is passed. The statutes do not appear to apply to the situation you have described; this, as... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: The bus was pulled off the side of the road to right of lane edge solid white line and not on "any highway," Violation?
David G. Parker
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answered on Mar 20, 2024

The Code of Virginia (specifically, Title 46.2, which governs most traffic matters) defines "highway", "roadway", and "shoulder" separately. That being said, there are times when traffic rules will apply to vehicles on the shoulder. For instance, Section 46.2-888,... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: What do I do if I was found guilty for speeding but in the court database states stated I was guilty absentina?

In Virginia I did go to court for citation just infraction speeding 54 on a 35. I have a super clean record as well, nothing on it was hoping I get a break. Cop did not ask typical questions like where are you going why are you almost going criminal speed. He was super quick on giving me a ticket.... View More

David G. Parker
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answered on Mar 18, 2024

If you were present then you should not be found guilty in absentia or be asked to pay the associated in absentia fee ($35 last I checked). Check with the clerk's office for the court in which your case was called to see if there's anything you can do. It's possible that the clerk... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I fight a failure to yeild ticket when other driver was a minor with permit and mother, he never breaked.

turn in to my drive way, left turn and I was turning in front of him, there was a far distance then all of a sudden very close to me, he never touched breaks and no break marks on road. I think he was speeding and might have been able to react better. I know I got the ticket but not sure if I... View More

David G. Parker
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answered on Feb 26, 2024

If it were me, I would appear if possible. A judge has options for reducing or even dismissing a ticket like this. An amended charge of improper driving (only 3 demerit points) or even dismissal with completion of a driver improvement clinic might be possible depending on the circumstances of the... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: can i still get charged with Code of Virginia § 46.2-844 if the bus hadn't stopped completely?
David G. Parker
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answered on Dec 28, 2023

The statute deals with a "school bus that is stopped" rather than one coming to a stop or simply displaying its warning signals. My reading of the statute is that there would need to be testimony from a witness and/or video footage establishing that the bus was passed while stopped.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a failure to yield ticket is it worth getting a lawyer to go to court
David G. Parker
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answered on Nov 27, 2023

This will depend on a number of factors. These include, but are not limited to, the following: how comfortable you are testifying and presenting evidence in court, whether you feel like you have a legitimate chance of beating or reducing the charge as alleged and would prefer an experienced... View More

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over in Fairfax Virginia for reckless driving ticket of 103mph in a 55 I’m afraid of going to jail I don’t

What to do to avoid jail this is my first ticket I have a clean record please advising what can happen and what should I do

Faraji A. Rosenthall
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Faraji A. Rosenthall
answered on Nov 26, 2023

Generally, getting your speedometer tested and completing community service before court can go a long way to helping avoid jail time.

Electing to have a jury trial is also a very good way to typically avoid jail as jurors tend to be less likely to impose incarceration than judges. (That...
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2 Answers | Asked in Traffic Tickets for Virginia on
Q: I was pulled over in Fairfax Virginia for reckless driving ticket of 103mph in a 55 I’m afraid of going to jail I don’t

What to do to avoid jail this is my first ticket I have a clean record please advising what can happen and what should I do

David G. Parker
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answered on Nov 28, 2023

Jail sentences are commonly imposed at speeds of 100 mph and higher. To improve your chances of a reduced penalty, you could consider performing community service at a charitable institution, proactively taking a driver safety course before the court date, have a calibration done on your... View More

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Expired car inspection ticket without payment info, possible dismissal?

I received a ticket for an expired car inspection, but I was not given the document on how to pay it. My car has since passed inspection. Can I bring up the lack of payment information in court to possibly have the ticket dismissed when I appear on April 4th?

Daniel P Leavitt
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answered on Feb 13, 2025

That does not sound like a valid legal defense. If you want to pay it you can likely contact the court to do that. If you want to go to court they usually dismiss if it was addressed and fixed.

2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Virginia on
Q: Case has nothing to do mother zero anything. , judge places stipulations she can't bond him out. Is this illegal?

I'm talking no involvement what so ever. Wasn't at her residence, she didn't know anything that allegedly occured has zero involvement, she didn't provide anyone anything she didn't have anything at all to do with the case what so ever in literally any capacity. They just... View More

Daniel P Leavitt
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answered on Feb 4, 2025

I would guess someone misunderstood what the judge did. The judge can decide whether or not to even give a bond, they can put no contact conditions etc. I would imagine someone here misunderstood what the judge actually did.

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1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Can I file a suit against someone in small claims court without their name or address if I plan to subpoena the info?

I live in Virginia.

Delivery driver for GrubHub hit and ran my parked vehicle, all evidence is on footage but too dark too see license plate. Law enforcement and customer service are not willing to help because there were no injuries. Is it possible to file a case without the name and... View More

Daniel P Leavitt
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answered on Nov 20, 2024

This is a civil question not traffic tickets. I believe you can file a John doe suit but again that's not a question for traffic tickets. Law enforcement should do their job and investigate as hit and run is a misdemeanor. I would go up the law enforcement chain and get them to do their job.... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: May 2024 I was given a Ticket for speeding (Milton, GA - Fulton County). I have a Alabama Drivers License. Clean Drivi

June 2024 I was given a Ticket for speeding (Milton, GA - Fulton County).

I have a Alabama Drivers License. Clean Driving Record.

July 2024, went to court, told the court twice I'm having financial problems and cant pay this fine. They gave the opportunity to complete Non... View More

Daniel P Leavitt
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answered on Oct 5, 2024

I think you posted this in the wrong state. If you got the ticket in Georgia you needed Georgia attorney.

In Virginia this would not go well at all. The judge would view it as making excuses. But if your ticket is in Georgia then you need to talk to somebody there.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Speeding Ticket.

I am 17 years old and received a speeding ticket last night at 12:35 am on 7/21/24. I got marked down for 81/55 and got cited as going 20+ over the limit (55-65). The officer made me sign a promise to appear in the juvenile court room. I was wondering if I could hire a lawyer to show up for me... View More

David G. Parker
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answered on Jul 26, 2024

You can always hire a lawyer to represent you, but it's standard practice for juveniles to be required to attend court (along with a parent or legal guardian).

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