People often view traffic violations as a mere nuisance that can be solved by paying a fine. The truth is that Virginia treats traffic citations harshly, and the penalties are often surprising to the average motorist.
The consequences for a traffic violation conviction are severe and include:
- Steep fines
- Points added to your driver’s license
- Loss of your driving privileges
- Possible jail time
These consequences should be challenged with the effective legal representation of our Richmond, Virginia traffic defense attorneys from Portner & Shure, P.A.
Please feel free to call us at or contact us online to get more information about our traffic citation defense services today.
Virginia Traffic Laws
Virginia utilizes the “Uniform Demerit Point System” to track the number of points that a person incurs as a result of traffic violations. People that accumulate too many points can have their driving privileges suspended for months or years at a time. Drivers receive points for infractions that occur in Virginia and in other states, too.
Common traffic violations in Virginia include:
- Speeding
- Alcohol-related driving offenses (DUI)
- Failing to stop
- Failing to yield
Citations Related to Speeding
Speeding is probably the most common type of traffic violation that occurs in Virginia. The potential penalties for speeding vary. The higher above the speed limit a person was traveling, the harsher the potential penalties.
Speeding penalties can be categorized as such:
- A conviction for traveling between 1 and 10 miles per hour above the speed limit carries a penalty of 3 points and a fine based on $5 for each mile traveled over the speed limit.
- A conviction for traveling between 10 and 19 miles per hour above the speed limit carries a penalty of 4 points and a fine based on $5 for each mile traveled over the speed limit.
- If an individual is traveling 20 miles or more over the speed limit, Virginia law considers this act as the crime of reckless driving.
Reckless Driving Charges in Virginia
Pursuant to Virginia Code § 46.2-862, a person can be charged with reckless driving if they were traveling 20 miles or more over the speed limit. A driver can also be charged with reckless driving if they were traveling 85 miles per hour in any area or on any stretch of road. Virginia law classifies reckless driving as a misdemeanor that carries a potential penalty of 1 year in jail, a $2,500 fine, and 6 points added to the defendant’s driving record.
License Suspensions
Pursuant to Virginia Code § 46.2-301, people are prohibited from driving if their license is suspended or revoked. Under Virginia law, driving on a suspended or revoked license is classified as a class 1 misdemeanor with the same penalties as a reckless driving conviction (see above). A conviction for a third offense also carries a 10-day mandatory minimum jail sentence.
Defenses to a Traffic Violation Case
When a person is charged with a crime, even a traffic offense, they are legally presumed to be innocent. As such, the Commonwealth of Virginia must prove their guilt beyond a reasonable doubt. A careful review of the facts may reveal that the prosecution may not be able to meet this burden.
Our Richmond, Virginia traffic defense lawyers can examine the facts surrounding your traffic stop to determine whether there was probable cause to support it. In cases where a plea deal is preferable to a trial, we can work to mitigate the potential consequences you face. In any situation, our goal is to get you the best possible outcome, just as we have done for people for more than 30 years.
