Virginia Traffic Offenses
Virginia Traffic Offenses
Traffic Offenses
Virginia traffic offenses can run the range of simple infractions, which are punishable only by fine, to crimes, which are punishable by jail, fines, and/or loss of your privilege to drive.
Virginia Traffic Infractions
Virginia traffic infractions are punished with fines. Under Va. Code §46.2-113, a traffic infraction is punishable by a fine of up to $250 (the Class 4 misdemeanor maximum under Va. Code §18.2-11), unless a different penalty applies or the offense is classified as a crime. Collateral consequences of an infraction conviction include points accrued on your Virginia driving record and an increase in your insurance rates. If you accumulate enough infractions (or criminal convictions), the Virginia Department of Motor Vehicles (DMV) can suspend your license. Moreover, if you drive for a living your employer may require you have zero moving violations to remain in good standing with your company.
Most Virginia traffic infraction convictions will lead to DMV demerit points on top of any fines imposed by the court. The court does not have power to remove points from the offender’s driving record unless the charge is amended to a non-point violation. DMV demerit points stay on your record for two years from the offense date, but the conviction itself can stay on your record much longer – some permanently – depending on the offense. It is important to remember that DMV points can carry serious consequences. For example, the DMV will suspend a driver’s license in Virginia for rapid point accumulation in a short period of time.
Virginia Traffic Crimes
Even though the police officer may only give you a ticket (summons) for your driving offense, the charge you are facing may actually be a crime, which can be punished with jail, fines, and/or a driver’s license suspension. Virginia traffic crimes include:
- Reckless driving (Va. Code §46.2-852), a Class 1 misdemeanor (Va. Code §46.2-868)
- Reckless driving by speed – 20 mph or more over the speed limit, or over 85 mph (Va. Code §46.2-862)
- Racing and exhibition driving, including burnouts and “donuts,” which carry a mandatory license suspension (Va. Code §46.2-865)
- Aggressive Driving (Va. Code §46.2-868.1)
- Driving While Intoxicated (DWI, DUI) (Va. Code §18.2-266)
- Driving without a License (Va. Code §46.2-300)
- Driving on a Suspended or Revoked License (Va. Code §46.2-301)
- Driving on a Revoked License after a DWI (Va. Code §18.2-272)
- Hit and Run – a felony if anyone is injured or property damage exceeds $1,000 (Va. Code §46.2-894) and
- Eluding Police (Va. Code §46.2-817)
As you interact with police officers in a traffic stop remember that the Constitution of the United States and Virginia grant you certain rights. Consult with an experienced Virginia traffic defense lawyer to ensure your rights were protected during your traffic stop.
