Virginia Traffic Ticket Defense Lawyers Fairfax County


VIRGINIA TRAFFIC TICKET FAQs

Answered by Virginia Traffic Lawyers

Our Virginia traffic defense attorneys are frequently asked questions regarding traffic defense. We hope that the answers you find herein answers to some of your basic traffic questions regarding traffic defense in Virginia. After you read this, if you wish to talk to our Virginia traffic defense lawyers, please contact us. We are here to defend you.

The traffic ticket defense attorneys of SRIS, P.C. have offices in Virginia. Our offices are located in the following areas:

Traffic Tickets & Citations

Q: What is a Traffic Ticket in Virginia? (top)

A: Traffic Tickets (also known as “Citations”) are violations of traffic law, and are classified as infractions, misdemeanors or even felonies.

Q: What’s the Difference Between Them in Virginia? (top)

A: An “infraction” is a rather minor, “garden variety” violation of the traffic law. These are usually known as “strict-liability traffic offenses” – meaning the only proof the ticketing officer must show is that the offense was actually committed. Double-parking, parking at an expired traffic meter, failure to properly signal, having a burned out headlight or brake light, not being “buckled up” are all very common infractions. Usually with an infraction, the most that can happen is you pay a fine and that’s that.

If it’s a non-moving violation, points probably won’t be assessed, and your insurance rates won’t suffer. If it’s a moving infraction – such as speeding but below a certain level, the fines can be sometimes steep, you may be assessed points, and your insurance rates may rise as a consequence.

A misdemeanor is a more serious violation of the law, punishable by a year or less in prison and fines. Some examples of traffic misdemeanors would be failing to stop at the scene of an accident, driving without a valid license or insurance, first time DUI / DWI offenses and reckless driving.

A felony traffic violation is a very serious offense – punishable by more than a year in jail and some very substantial fines.

Vehicular homicide while driving drunk is one example. Multiple DWI / DUI’s are another.

Misdemeanors and felonies violations are usually invoked when the driver causes or creates a real threat of injury to a person or destruction of property.

Q: What Exactly Are Points in Virginia? (top)

A: The Point System is simple in theory. Most every moving traffic violation is assigned a numerical value, from 3 to 6, depending upon the severity of the offense. If convicted of the violation, the judge will send of record of the offense to the State’s Motor Vehicle Department. The DMV will then assign the mandated amounts of points to your driving record.

If you accumulate too many points over a specific period of time, your driver’s license could be suspended or even revoked.

Q: Will Having Points Affect My Insurance Rates in Virginia? (top)

A: Probably. Insurance companies routinely check the number of points their policy holder’s have on their record. You can rest assured that before being issued your policy, your driving record will be checked. As with everything else in life, if you don’t have any convictions or points on your record, you’ll get the better preferred rates, perhaps even a good drivers discount. If you have multiple moving violations, the insurance company will view you as a higher risk and charge you accordingly.

If you have some serious violations on your record, (DUI, reckless driving, vehicular homicide) insurance companies would rather not insure you at all. But since the law mandates compulsory insurance, there is what is termed an “assigned risk” pool.

All these violators are placed in this “pool” and every insurance company must provide a certain amount of them with insurance. The risk is spread out between the various companies – hence the term “pooling the assigned risk.”

If you’re in such a pool, be advised that your rates will in all probability be very high.

It’s to your advantage to avoid getting points on your record. If you do receive a moving violation, by all means consult with your attorney. Paying a fine isn’t pleasant – but it’s usually only a one time deal. Paying a fine and having to pay higher insurance rates for years to come is a lot less desirable.

Q: Is Driving A Right in Virginia? (top)

A: No. Under the law, driving is a privilege, not a right. Even though this theory is somewhat suspect (after all, your taxes do pay for the highways and agencies that govern the driving system) it’s still the law. The state can deny you a license for any legal reason, even for violations that have nothing to do with driving – such as drug convictions or failure to pay child support.

Q: Can I Demand a Trial by Jury for Traffic Violations in Virginia? (top)

A: With infractions, you usually don’t have the right to a trial by jury. It’s a simple administrative process – and in many cases you can satisfy the court by mailing in your fine – or even paying it on line in some places. With misdemeanors and felonies, you have all your Constitution rights intact – including the right of having a court-appointed attorney and a trial by jury. This is mainly because of the seriousness of the offense, being placed under arrest with the possible loss of your freedom upon conviction.

Q: You Mentioned “Moving” and “Non-Moving” Violations. What’s the Difference in Virginia? (top)

A: Basically – it’s just as it implies. A moving violation usually involves an infraction caused by a vehicle in motion. Speeding, illegal U turns, failure to signal, failure to yield, running a stop sign, DUI / DWI offenses are all moving violations. Non-moving violations occur when the vehicle is parked, or by having some minor mechanical defect. Double parking, parking in a restricted zone, faulty headlights, having a loud muffler are all considered non-moving violations.

Q: What Is The Purpose of Traffic Tickets and Fines in Virginia? (top)

A: The stated purpose is to make sure the roads and highways are safe for all drivers, and traffic laws and fines are a proven and effective method to accomplish this goal. Very few people would argue against that. Most people do obey the traffic laws, even when they are probably not going to be caught violating them. (Making an “illegal” U Turn at the dead of night with no traffic in sight.) However, those who do tend to ignore the rules of the road are usually the ones that pose the greatest risk to public safety and likewise amass the greatest number tickets.

However, as with most things government does – money is a very big factor.

Municipalities and states derive a very large portion of their budget from these fines. Since any reasonable doubt usually falls in favor of the ticketing officer, it’s usually too much trouble and effort for the average, law abiding person to contest a violation – especially if it’s just a minor infraction. It’s pay the fine and move on.

This gives an incentive for some officers to “bend the rules” or outright break them. They usually have non specified quotas to fill on writing traffic tickets (even though most municipalities will deny it) and the officer avoids problems with their chief by meeting those expectations.

Q: Can you Give Me Some Examples of Bending or Breaking The Rules in Virginia? (top)

A: Ticketing a motorist for going a couple of miles over the speed limit, especially if the car was traveling down a very steep hill. Though technically a violation, it probably occurs hundreds of times a day with no one getting stopped for it. There are cases where an officer will write a ticket for “overtime parking” when in fact there was still time left in the meter. Or issue a violation for parking in a handicapped zone – even though a valid sticker was easily observable hanging from the rear view mirror.

Or an officer may decide to follow you, trying to rattle your nerves enough so that you make some sort of moving violation.

Is it legal? Maybe yes – but many times no. However, if it comes down between your word and the officer’s – without substantiating proof you probably won’t be able to convince a judge of your innocence. And even if you do – the chances of the ticketing officer being disciplined for their dubious actions is remote.

Q: What Information is Included on a Traffic Ticket in Virginia? (top)

A : Basically, the following:

The specific violation you are being charged with

Date, time, and place of the alleged offense

Color, model, and registration of your vehicle

The police or ticketing officer’s name and badge number

A notice of how to dispute or contest the charge against you

Q: The Officer Asked Me To Sign The Ticket – Isn’t That Admitting Guilt in Virginia? (top)

A: No. Signing the ticket merely indicates you’ve properly received it. You’ll still have your day in traffic court.

Q: The Officer Made a Mistake on The Ticket – Is It Still Valid in Virginia? (top)

A: The ticket is valid, but if the mistake is fundamental to the charge at hand, you may be able to defend yourself by pointing out the erroneous information. For instance, if you receive a parking ticket and the license plate number recorded is no where near your actual plate number, you may be able to say the officer erred in determining your car was at fault.If the ticket has a violation noted as occurring on a specific day, and you can prove you were elsewhere at that time, that may also be a defense. If the citation mentions your vehicle as being a yellow Honda and you drive a black Lexus, you can point that out to the judge as a cause to dismiss the charges.

However, simple errors don’t mean much (noting the car was dark blue instead of black, or reversing a number or digit when recording the license plate.)

But, as mentioned above… if there is any doubt, the judge will usually err on the side of the ticketing officer.

Q: When Does it Pay to Contest or Fight The Ticket in Virginia? (top)

A: As a matter of practicality, if the offense is a minor infraction with no points being assessed to your license and little likelihood of affecting your insurance rates, then the best avenue is to simply grumble, pay and then forget about it. The time and aggravation spent in traffic court will more than outweigh the benefits of saving a couple of bucks.  However, if the charge is more serious, the fines likely to be high with points being levied against your license – you may want to give considerable thought to hiring a qualified and experience traffic attorney. In cases of DUI / DWI, reckless driving, vehicular homicide or similar serious infractions – don’t fool around. Hire the most competent lawyer you can find. Your driving privileges and possibly your freedom hang in the balance.

One other thing, never offer the officer a bribe or anything that can be construed as a bribe. You’ll more than likely find yourself in a bus load of legal trouble – many times far worse than the original traffic violation.

Q: If I’m Being Arrested for My Offense, What Should I Do in Virginia? (top)

A: KEEP SILENT! By no means offer any explanations or try and talk your way out if it. The only thing you’ll accomplish is to talk yourself into deeper trouble. Anything you say can and will be used against you. Don’t offer ANY information without having an attorney present. If the infraction was serious enough to warrant an arrest, then it’s no time to play around. Be polite, but refuse to answer any questions put to you before you have a chance to speak with a lawyer. Physically cooperate as much as possible – you don’t need a charge of resisting arrest as well. If the officer suspects you’ve been drinking and driving, you may be subject to a breathalyzer test. If you refuse to take it, the consequences are many times more damaging than the possible DWI / DUI conviction itself. Even if you are later acquitted of the original drunk driving charge, you can still be prosecuted for failure to submit to the test.

There seems to be a disturbing trend happening more and more often. While being arrested for traffic offenses, the detainee is many times subject to abusive and often demeaning commands from the arresting officer – such as being commanded to crawl on their knees or being told not to look at the officer’s face. Prudence would dictate a conciliatory attitude with these demands, since the police are the one’s with the guns. Yes, it rankles! Your attorney will have a chance to make this known in open court for possible civil rights violations, undo force or even brutality charges.

Q: Are There Any Methods I Can Use To Avoid Getting A Ticket In The First Place in Virginia? (top)

A: Frankly, yes. Police are people, with all the faults and foibles belonging to members of the human race. Certain things will prejudice them against you.  Some drivers have vile or obscene bumper stickers on their vehicles. That’s an invitation to get stopped for “traffic infractions.” Even political bumper stickers may get you extra scrutiny, especially if the candidate or cause you espouse goes against the officer’s grain.

Here’s one many drivers aren’t aware of: Having a bumper sticker or emblem that looks like some sort of police benevolent society can actually work against you! It looks like you’re trying to curry favor by having such a ‘talisman” on your car – and many officers resent it. (Take this to heart the next time you get a phone call from someone asking for a donation for some “law enforcement” society, and tells you about the “support sticker” you’ll be sent as a donor. Hang up the phone – you’ll only be wasting your money.)

“Hot” cars with racing strips or custom designs “look fast” – and police officers may decide to give you a speeding ticket even if you were going at or near the posted limit. If you are young, a minority and behind the wheels of such a vehicle, expect to get hassled as a matter of course.

Having tinted windows is another invitation to get pulled over. Police hate them because they offer the driver too much privacy – the officer can’t see what’s happening inside the vehicle. They immediately think of the worst, and will react accordingly.

Most anything that gives the driver an edge over the police can get you into trouble – such as radar detectors. If you’re stopped for speeding, and the officer has to decide whether to give you a warning or a ticket – if they spot a radar detector in your car, you’ll get the ticket.

Q: How Do I Spot Officers In Marked and Unmarked Cars in Virginia? (top)

A: Marked cars are relatively easy. They’re the ones with POLICE on the body and the rack of lights of the top. But even plain or unmarked patrol cars have tell tale signs.

Patrol cars usually have only one occupant – the police officer.

Look for a shotgun rack mounted in the car’s front compartment.

Look for the oversized spotting light next to the car’s outside left hand side view mirror. It will appear as two side mirrors – which is a dead giveaway that car probably belongs to law enforcement.

If you see a motorcycle with a large sized radio antenna sticking out from a boxed shaped rear compartment – it probably belongs to law enforcement.

In some rural areas, especially those with long straight roadways, police use aircraft to monitor vehicles. If you spot a small Cessna-type airplane flying parallel to the highway, it’s a good bet its law enforcement surveying the situation from above. The pilot will call to patrol cars in the area to intercept and stop you if you’ve been tagged as speeding.

Q: Have You Been Charged With A Traffic Violation in Virginia? (top)

A: At SRIS, P.C. we’ll advise you of the best approach to take if you’ve received a ticket or traffic related violation.

Depending upon the charge, our skilled and experienced attorneys will let you know the probable consequences of your violation, or if it even pays to fight the charges in the first place.

If you’ve been charged with a serious traffic violation, you’ll get the experienced counsel you need in order to make a rational decision about defending yourself. You’ll never get fear mongering or exaggerated possibilities – just the facts on what you can expect in your particular case.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information. There’s never any charge for an initial conversation, and your complete confidentiality is assured. Here’s our telephone number: 888-437-7747.