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Virginia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Virginia on
Q: I was issued a summons for failure to obey highway sign, I was going 49 in a 35, and I am wondering if I should prepay.

I don’t feel like I was going 49 since I was driving with my cruise control at 40. I don’t know if I should just prepay this and take the hit or go through with the summons the officer gave me.

Shemeka C Hankins
Shemeka C Hankins
answered on Jan 18, 2021

It sounds as if the officer was trying to cut you a break instead of writing you for speeding. It depends on the code section he/she used. No one here can tell you what's in your best interest without knowing more about you such as your driving record but even then it would ultimately be... Read more »

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I had received reckless by speeding ticket. 98/70 This happened in VA. Is there a way I can push my court date up?

I want to request a later date due so I can afford representation

Faraji A. Rosenthall
PREMIUM
Faraji A. Rosenthall
answered on Jan 17, 2021

Yes, court dates can be adjusted to allow time for you to save up to afford a lawyer. Depending on the county, jail time or suspended jail time may be a possibility. If that's the case then the court would have to appoint a lawyer to handle your case for little or no cost to you. Regardless,... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is the officer allowed to make an addendum to my summons before i take the stand?

The officer wrote II in the law section on the summons instead of the number 2. The two previous people before me had the same offense that i had (wreckless driving) but had their cases dismissed due to the this error. The judge then told the officer that he could make an addendum to my summons... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Jan 6, 2021

Most judges I know wouldn't dismiss for writing roman numerals vs. the actual number. The judge allowed it and I don't see that you have any remedy beyond appeal which may or may not be a good idea.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: Was pulled over in Virginia. As reckless driving. However, officer put wrong make of car.Color and license plate match

Was stated a laser caught me going 58 in a 25. However, he put I was driving a Chevy and I was driving a dodge. The color , year, and plate is accurate. Will this get thrown out, due to incorrect information?

Daniel P Leavitt
Daniel P Leavitt
answered on Dec 23, 2020

No.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: Is a reckless driving ticket considered an arrest? If so, is the arrest submitted on your criminal record (NCIC)?

Would also like to know if the charge is reported in national federal

searches if you’re not convicted of the charge? Does the charge show up on a global entry background search?

Shemeka C Hankins
Shemeka C Hankins
answered on Nov 10, 2020

I don't know that anyone here could answer this concretely for you. Government background searches are the most in depth. If you weren't convicted, it more than likely won't show as a ticket (summons) is not considered an arrest. Prior arrests do show on background check but these... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My question is, if my name is spelled wrong on the warrant, are there any legal grounds to have it thrown out?
Daniel P Leavitt
Daniel P Leavitt
answered on Oct 29, 2020

Usually no, especially if your license number is correct and the name is close. But if the license number on the ticket comes back to Tiffany Johnson and the name on the ticket is Michael Smith then you've got a potential defense.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: Reckless driving failure to maintain control ticket in Middlesex, VA. What should I do before/expect from JDR court?

I'm 16 and got my license like 3 weeks ago. Was following a cousin down a road i didnt know, speeding ~10/15 over limit and took a turn too fast and crashed. No one was hurt, car was totaled, and sherriffs said they wouldn't have written me up for it but had to call a state trooper (i... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 25, 2020

You should have a lawyer represent you to help get it dismissed. Driving school goes both ways. Some judges get mad if you do it before and some don't want the reason as voluntary. A lawyer who goes to that particular court will know the local rules. A good lawyer will know there is a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My ticket doesn’t have a case number on it?

So I got pulled over for speeding in October and my court hearing date is set for November and I’m trying to pay it online but can’t find my case? The yellow piece of paper the police gave me doesn’t have a case number so I’m down to use only my name and hearing date and time and I’ve... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 21, 2020

I'm not sure why you would ever want to pay a ticket because you're pleading guilty and usually the insurance would cost more eventually than paying the ticket.

I would call a traffic lawyer in that area.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Dmv certified letter requesting I do a driving school months after I paid off a ticket?

I'm a 19 year old male. I was pulled over for speeding back in May, but the officer let me off with a failure to obey a highway sign. I went online and paid it since it was a simple moving violation. However, I recieved a letter in the mail today saying I must complete an 8 hour class or my... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 19, 2020

DMV rules regarding your age and a moving violation. There are different rules for younger drivers.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing for reckless driving (100+) tomorrow with no lawyer. Should I expect to go to jail right there?

Already got the case continued twice due to not having money for a lawyer but still don’t have the money to afford a lawyer. I’ve spoken to lawyers and kind of know jail time is pretty much guaranteed. What should I expect with jail time and my license?

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 13, 2020

Every court and every judge is different and at different speeds. 100+ is too general. I've seen people (not my client) get 30 days in jail at 95 mph and I've had clients get no jail at 121 mph. I recommend borrowing money to hire a good lawyer.

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I have a court hearing in less than 3 days for a reckless driving, but no lawyers are responding. What should I do?
Daniel P Leavitt
Daniel P Leavitt
answered on Oct 11, 2020

Maybe rethink how you are reaching out to the lawyers. Every lawyer I know won't hesitate to help with a reckless driving charge. Maybe you're contacting lawyers who don't practice in the court your ticket is in. Make sure the attorney does traffic work and their office address is... Read more »

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: I received a "Reckless Driving" ticket in Northern Virginia in July and have a court hearing this week.

In July of this year i was driving 20mph over the speed limit, unfortunately i did not realize how fast i was driving before it was too late. I was pulled over and as calmly and politely as possible did what the officer asked. All while having a panic attack. This was my first ever offense while... Read more »

Shemeka C Hankins
Shemeka C Hankins
answered on Oct 8, 2020

Yes - Reckless Driving is a class one misdemeanor in VA for going over twenty miles above the posted speed. It carries a penalty of up to twelve months in jail and up to a $2500 fine. Depending on how fast, where you were driving, and road conditions, it could end up in jail time but nowhere near... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How much time does an officer have to file a reckless driving/speeding ticket from the date the ticket was written?

Received reckless driving/speeding ticket on Sept 1st.

Court date is listed as October 1st.

Have yet to see my name or case information filed with the courts online.

If the officer doesn't file by a certain date after the ticket was written could the ticket be considered null and void?

Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

Mistakes in the system happen. The officer has technically until the court date. Your summons is your notice to appear. However, obviously this could cause some issues for the officer if it does not appear in the court's system or on their docket. This doesn't really mean your charges... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My son is 17 and recieved a ticket for failure to yield what can be done
Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

Your son will go to juvenile and domestic relations court. I would seek out an attorney who is local to you that practices in that court frequently who can give you an idea of what the judges are like in your area. Obviously you and your son will potentially fair better if you have an attorney but... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: How to ask for dismissal or reduced charge in Traffic Court?

Virginia Interstate 81 I had a single car accident. Heavy rain storm and car hydroplaned when I slowed down for exit. Avoided other cars but slid off road causing damage to the car I was driving. Cited for Failure to maintain control of vehicle-not cited for anything else . Have since learned... Read more »

Shemeka C Hankins
Shemeka C Hankins
answered on Sep 14, 2020

Sounds like I would appear and maintain the same. Sometimes an accident is just an accident, especially since there were no other cars involved in the accident. I would take the time to speak to an attorney that's local to your area and get a feel for the judges there but sounds like... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My boyfriend got a ticket for driving on a suspended back in November 2018 and he just got convicted for it on 8/02/2020

He never received any notice he was being convicted or that a court date had been set, not even back in 2018, and the ticket was not filed until 1/21/2020...can they wait 2 years to file a ticket? Is there any way to fight this; especially since we had no idea he even had a court date?

Wilfred Yeargan
Wilfred Yeargan
answered on Sep 2, 2020

Yes, your boyfriend needs to file a Motion to Rehear the case. He has 60 days to file this motion from the date of conviction. The appeal period is only ten days, so this is his only option.

Contact my office and we may discuss the facts related to the filing of the case. He may have...
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1 Answer | Asked in Traffic Tickets for Virginia on
Q: What’s the best step to remove or reduce my citation/points? I was pulled over for speeding 77/50... please help! Thank

The Officer pulled me over 77/50 in Fairfax County in 3 lane Parkway but he told me that he did not mark me as “Reckless” And he put general traffic ticket instead. I have a good driving record. What’s the best way to remove or reduce my citation? Show up in the court and explain my part? Thanks!

Shemeka C Hankins
Shemeka C Hankins
answered on Aug 19, 2020

More than likely it would be best for you to take a driving course online. One it may convince the judge you are taking this seriously and want to commit to better driving habits. May convince them to reduce it to an even lower speeding. Two, taking a class that is not ordered by the court has a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got a ticket for going 84/60 on the interstate, this is my first violation ever I just turned 18, will I qualify to

Traffic school to wipe the points off my license and keep my insurance rate low? And also can I ask for a mitigation ?

Paula Hough
Paula Hough
answered on Aug 7, 2020

Depending on the jurisdiction and Judge, you may be able to get your charged reduced or dismissed. You should reach out to a local attorney, who can advise you on whether or not you need an attorney and what steps you can take to mitigate this charge.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: Does Traffic Code 46.2-821 come with demerit points?

Did not stop completely for 3 seconds at a stop sign

Shemeka C Hankins
Shemeka C Hankins
answered on Jul 10, 2020

Failure to stop and yield the right of way is a four point demerit. Failure to obey a traffic sign is a three point demerit point. sometimes the officer writes the ticket is interchangeable. Hope this is helpful - good luck!

2 Answers | Asked in Traffic Tickets for Virginia on
Q: I got a speeding ticket yesterday going for 56 on a 45. But didn't have a case number. What should I do?
Stephanie A. Pease
Stephanie A. Pease
answered on May 21, 2020

Once the officer files the ticket with the clerk of court it will be assigned a case number. You may go on line to the court’s on line information system to obtain your case number searching by your name. Sometimes it may take several days for the officer

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