Virginia Traffic Violations

Virginia drivers benefit from understanding the state's traffic laws and violations. This knowledge enhances road safety and promotes efficient vehicle flow on highways and streets. The state designs these regulations to protect drivers from penalties and create a safer driving environment for everyone.

The Law Enforcement Division of the Virginia Department of Motor Vehicles (VA DMV) oversees traffic regulation and law enforcement in the state. They work with the Virginia State Police and local police departments to uphold traffic laws across the state.

Violating traffic laws in Virginia can lead to various penalties. The severity of the offense determines the consequences. Authorities may impose fines, add demerit points to driving records, suspend or revoke licenses, or even mandate jail time for serious infractions.

Additionally, drivers can face increased insurance rates following traffic violations.

What Are the Major Traffic Violations in Virginia?

Virginia law enforcement agencies and traffic safety organizations have identified several major traffic violations that pose significant risks to public safety. Among these are the following:

Driving Under the Influence (DUI)

The VA DMV and the National Highway Traffic Safety Administration (NHTSA) report that alcohol plays a role in a substantial portion of traffic-related deaths in the state. Virginia convicts an average of 39 drivers per day for DUI offenses, which highlights the prevalence of this dangerous behavior.

Virginia law enforcement officers consider a driver to be under the influence if their blood alcohol content (BAC) measures 0.08% or higher. The severity of DUI as a traffic violation is reflected in the harsh penalties it carries, as reflected in Virginia Code Section 18.2-270.

First-time DUI offenders face the following penalties:

• A Class 1 misdemeanor with a minimum $250 fine
• Additional mandatory jail time of five days for BAC between 0.15% and 0.20%
• Additional mandatory jail time of ten days for BAC above 0.20%

Those who commit a DUI offense for the second time within less than five years after the prior offense shall face the following:

• A Class 1 misdemeanor with a minimum $500 fine
• At least one month in jail, with a mandatory 20-day minimum
• Additional ten days of incarceration for BAC between 0.15% and 0.20%
• Additional 20 days behind bars for BAC above 0.20%

If caught driving while intoxicated for the second time within a period of 5 to 10 years before the first offense, shall be punished by:

• A Class 1 misdemeanor with a minimum $500 fine
• At least one month in jail, with a mandatory 10-day minimum
• Additional ten days of incarceration for BAC between 0.15% and 0.20%
• Additional 20 days behind bars for BAC above 0.20%

Anyone convicted of three offenses of DUI committed within ten years shall be guilty of a Class 6 felony and will need to face the following penalties:

• A mandatory minimum of 90 days in jail for offenses within ten years
• A mandatory minimum of six months in jail for offenses within five years

Reckless Driving

The Virginia State Crime Commission (VSCC) reports that approximately 117,300 reckless driving offenses, including those that exceed the posted speed limit, are charged in Virginia courts annually. Of these charges, about 69,500 individuals are convicted.

Virginia lawmakers classify reckless driving as a significant traffic violation due to its high potential for causing injury, property damage, and fatalities and categorized it as a Class 1 misdemeanor.

However, the law escalates penalties for more serious scenarios. For example, when a driver commits reckless driving while operating a vehicle without a valid license due to a suspension or revocation related to a moving violation, the offense becomes significantly more severe.

Should this reckless behavior result in another person's death, Virginia law elevates the charge to a Class 6 felony.

Per Virginia Code Section 46.2-868, convicted drivers face a mandatory minimum fine of $250.

Driving on a Revoked or Suspended License

Virginia Code Section 46.2-301 explicitly forbids individuals from operating motor vehicles on state highways if their driving privileges have been revoked or suspended. This prohibition applies to all forms of driving authorization, including driver's licenses and learner's permits.

Driving on a revoked or suspended license is a Class 1 misdemeanor. The offender's license may be suspended for an additional period, not exceeding 90 days. The court can also order vehicle impoundment for up to 90 days. Violators may petition for a restricted license after serving the initial suspension period, subject to court approval.

Leaving the Scene of an Accident

Virginia Code Section 46.2-894 mandates that all drivers involved in a collision stop their vehicles, assist injured parties, and provide their identification information. This law applies to all accidents, regardless of severity.

Virginia authorities categorize the offense of leaving an accident scene based on the incident's consequences. When a collision results in injury, death, or property damage exceeding $1,000, the state classifies fleeing the scene as a Class 5 felony. Penalties for this offense typically include:

• Imprisonment for not less than one year and not more than ten years, or
• At the discretion of the jury or the court (if tried without a jury):
• Confinement in jail for up to 12 months and/or
• A fine of up to $2,500

For less severe incidents where property damage amounts to $1,000 or less, leaving the scene constitutes a Class 1 misdemeanor. While less severe than a felony charge, this classification still carries significant legal consequences:

• Confinement in jail for up to 12 months
• A fine of up to $2,500

Speeding Infractions

Virginia law defines a speeding violation as exceeding the posted speed limit. Each year, authorities issue approximately 540,000 speeding charges in the state. While related to reckless driving, speeding violations differ significantly in severity and legal repercussions.

Drivers who operate their vehicles faster than the posted limit are prone to accidents, which endanger themselves, their passengers, and pedestrians.

Additionally, higher speeds lead to increased fuel consumption and emissions, which negatively impact the environment and the driver's finances.

Those who violate speed limits face various consequences, including fines, license demerit points, higher insurance premiums, and potential license suspensions for severe infractions.

Virginia recognizes two primary types of speeding laws:

Absolute or Maximum Speed Limits

These limits represent the highest legal speed allowable under ideal conditions. Virginia has established general speed limits of:

• 25 mph in school zones, business districts, and residential areas
• 35 mph on unpaved roads
• 55 mph on all other roads unless otherwise posted

Basic Speeding Law

This law requires drivers to maintain a safe speed based on current conditions, regardless of posted limits. Motorists must reduce speed during adverse weather, heavy traffic, or other hazardous situations.

The state imposes the following general fines specifically for speeding violators:

• Standard fine: $6 per mph over the limit
• School or work zone violation: $7 per mph over the limit
• Certain residential areas: $200 plus $8 per mph over the limit
• Highway safety corridor violations: (if classified as criminal): Minimum $200 fine, up to $500

Depending on the extent of the speed limit violation, offenders also receive three to six demerit points on their driving record.

To learn more about the motor vehicle regulations, including specific infractions and their corresponding penalties, individuals can refer to the Code of Virginia Title 46.2.

This code provides information on fines, potential jail time, and other consequences for various traffic offenses, which can prove helpful when trying to understand the specifics of traffic law in Virginia.

How Does Virginia's DMV Point System Work?

The VA DMV uses a point demerit system to monitor and penalize unsafe driving behaviors. When drivers receive traffic violation convictions, the VA DMV assigns demerit points to their driving records. These points remain active for two years from the offense date.

The VA DMV categorizes traffic violations based on the number of demerit points assigned. They assign six points for severe offenses such as:

• Reckless driving
• Speeding 20 mph or more over the limit
• DUI
• Operating a vehicle after being declared a habitual offender
• Driving with a suspended or revoked license
• Operating a commercial motor vehicle while disqualified

Moderate offenses receive four points, including:

• Speeding 10 to 19 mph over the limit
• Following too closely
• Improper signaling
• Failing to yield right-of-way
• Unsafe passing
• Failing to drive on the right side of the road
• Failing to slow down or stop at railroad crossings

Lesser infractions receive three points, such as:

• Speeding 1-9 mph over the limit
• Improper passing or turning
• Unsafe backing
• Disobeying traffic signals
• Driving without lights

For more comprehensive information, visit the Moving Violations and Point Assessment section on the VA DMV website. This section provides detailed information about how traffic violations are categorized and the corresponding demerit points assigned to each violation.

Consequences of Point Accumulation

Drivers who accumulate too many points face the following penalties:

• 18 points within 12 months or 24 points within 24 months can result in license suspension
• 12 points within 12 months or 18 points within 24 months require attendance at a Driver Improvement Clinic

How Can a Driver Reduce Their Accumulated Points?

In Virginia, drivers can reduce their accumulated demerit points through the following methods:

Safe Driving

An individual can earn one safe driving point to offset demerits by maintaining a full year of violation-free driving with a valid Virginia license. A typical Virginia driver can accumulate a maximum of five safe driving points.

Attending Driver Improvement Clinics

Drivers can voluntarily attend a driver improvement clinic once every two years to earn five driving points.

Waiting for Points to Expire

Demerit points remain on an individual's driving record for two years from the date of the offense. After this period, the points automatically expire from their driving history.

What Is the Process for Handling Traffic Tickets in Virginia?

In Virginia, law enforcement issues traffic violation tickets to individuals who break traffic laws. Offenders can either contest the ticket or pay the fine through the Circuit Court or General District Court.

Contesting a Traffic Violation Ticket

When individuals contest a traffic violation ticket in Virginia, they challenge the validity of the citation and assert their innocence.

This process allows drivers to present their case before a court, potentially leading to the dismissal of charges or reduced penalties.

Pleading Not Guilty

To begin the contestation process, individuals must plead "not guilty" to the Virginia district or circuit court handling their case. Typically, drivers make this plea in person on the arraignment date printed on their citation. The ticket itself usually provides specific instructions on how and where to submit this plea.

After entering a not-guilty plea, the court assigns a date for a pre-trial conference or trial.

Drivers needing to reschedule a court appearance or seeking clarification about the pleading process should contact the relevant Virginia district or circuit court directly.

Pre-Trial Conference

During the pre-trial conference, the Virginia state prosecutor and the defendant (or their attorney) attempt to negotiate a settlement. This negotiation often results in:

• The defendant pleaded guilty
• Reduced penalties for the charges

A successful settlement allows defendants to avoid a full trial. However, if the parties fail to reach an agreement, the court schedules a trial date.

Trial Proceedings

If settlement negotiations prove unsuccessful, the case proceeds to trial. District court trials occur before a judge, while circuit court trials may involve a jury. The trial typically follows this sequence:

• Opening arguments from both parties
• Presentation of evidence
• Witness testimonies
• Rebuttals and cross-examinations
• Closing arguments
• Verdict delivery by judge or jury

Upon a guilty verdict, the judge announces the sentence. Defendants have the right to appeal within ten days of receiving the judgment or conviction by submitting a written notice to the court.

Legal Representation

Individuals may choose to hire a traffic ticket lawyer before their first court date. Those representing themselves should familiarize themselves with Virginia traffic court procedures.

In cases where conviction may result in incarceration, the court appoints counsel for defendants who demonstrate financial inability to hire an attorney.

Paying Traffic Ticket Fines

To pay for Circuit Court tickets, individuals can use the Virginia Judiciary Online Payment System.

On the other hand, General District Court tickets offer more payment options, including online payments through the Court's Online Case Information System or by mail. The General District Court accepts both pre-court and post-court payments.

Pre-Court Payments

Pre-court payments must be made by 3:30 p.m. Eastern Time on the last business day before the court date. Drivers paying by mail should send their payment to the court listed on the ticket at least seven days before their scheduled court appearance.

By choosing this option, drivers admit guilt and waive their right to a hearing. This decision also includes associated penalties, such as VA DMV demerit points.

Post-Court Payments

Post-court payments occur after the scheduled court date. Drivers should pay within 40 days to avoid interest charges and collection proceedings.

The online system does not process payments on the trial date, as it updates overnight. Payment options become available from 6:00 a.m. the following day.

For mail-in post-court payments, drivers must confirm the amount owed and obtain a "reference case number" from the court clerk. Acceptable forms of payment by mail include personal checks, money orders, and certified checks.

Virginia's Traffic Violations and Tickets Online Lookup

For those seeking information about their traffic violations or tickets, Virginia provides the Online Case Information System-Statewide Search tool. This system allows individuals to look up traffic tickets issued in Virginia and retrieve traffic case information from General District Courts and participating Circuit Courts.

How Are Accident Reports Handled in Virginia?

In the event of an accident, involved Virginia drivers must submit accident reports to the VA DMV for legal compliance, record keeping, and insurance purposes.

The VA DMV processes and stores these reports in its database to create an official record of each incident. They utilize these reports for statistical analysis, road safety improvements, and identifying drivers who may require additional safety education or license review.

Various parties, including those involved, insurance companies, and law enforcement agencies, can request access to this information as needed.

When to File an Accident Report?

Individuals must file a report under two conditions: if the crash causes injury or death to any person or if it results in property damage exceeding $1500. This responsibility falls on the vehicle owner, driver, or their representative.

How to File an Accident Report?

To file an accident report in Virginia, individuals need to provide the following basic information:

• Personal details of those involved
• Accident specifics (date, time, location)
• Vehicle information
• Witness contact information
• Insurance policy details

This information is necessary for preparing the required documents when filing an Accident Report:

• Completed Voluntary Report of a Crash Form (FR 200)
• Filled up Information Request Form (CRD 93)
• $8 payment (credit card, cash, check, or money order if submitted by mail)

Individuals can submit the documents in person at a VA DMV customer service center or by mail to:

The report may suggest that an uninsured vehicle was involved in the accident. In these situations, the Virginia DMV will request insurance information from the vehicle owner. If the owner fails to respond or lacks insurance, their license will be suspended.

Filers can request the insurance information collected by the Virginia DMV by completing the CRD-93 Form and submitting payment.

Obtaining a Copy of an Accident Report in Virginia

While accident reports are not public records, they can be obtained by involved parties or their legal representatives through proper channels.

One must be aware that in Virginia, a Police Crash Report and an Accident Report are two different documents filed by two distinct entities.

The law enforcement officer completes a Police Crash Report at the scene of an accident while the individuals involved in the accident file an FR 200.

If needed for legal purposes, there are two ways to get a copy of a Car Crash Report in Virginia:

Through the VA DMV

The VA DMV keeps a copy of the Police Crash Report for at least 36 months from the accident date. To obtain a copy, an individual must fill out and submit the CRD 93 Form and the $8 payment to the VA DMV customer service center or send it to the mailing address mentioned above.

Through the Responding Police Department

In some cases, individuals can directly contact the responding police department or county sheriff for a copy of the crash report. However, reports prepared by Virginia State Police troopers must be obtained through the VA DMV.

What Should Drivers Know about Traffic-Related Arrests in Virginia?

Virginia law enforcement officers make traffic-related arrests for several common reasons:

• DUI
• Reckless driving
• Operating a vehicle with a suspended or revoked license
• Hit-and-run incidents
• Vehicular manslaughter
• Refusing to stop for law enforcement

However, one must be aware that Virginia Law limits pretextual stops for minor traffic violations and that drivers have the right to refuse field sobriety tests during DUI stops.

The arrest process for these traffic violations typically follows these steps:

• A law enforcement officer stops the suspect's vehicle due to a suspected violation.
• The officer informs the driver of the specific violation and the reason for the arrest.
• The officer formally arrests the driver and reads them their Miranda rights.
• The officer transports the driver to a police station for booking.
• At the station, officers collect the driver's fingerprints, personal information, and photographs.
• Depending on the circumstances, authorities either detain the driver or release them on bail or bond.

Rights of Arrested Drivers

The arrested drivers in Virginia have several rights, including:

• Right to remain silent: Drivers can choose not to answer questions beyond identifying themselves.
• Right to an attorney: Drivers can consult with an attorney and have one appointed if they cannot afford one.
• Right to a fair and speedy trial: Virginia law mandates that criminal cases, including traffic violations, be tried within a reasonable time frame.
• Right to know the charges against them: When a driver is arrested for a traffic violation, they must be informed of the specific charges against them. This includes a clear description of the alleged offense.

Potential Consequences of Arrests

Traffic-related arrests can have significant consequences:

• Legal: Fines, jail time, license suspension or revocation, mandatory education programs
• Personal: Strain on relationships, emotional stress
• Professional: Job loss, difficulty finding employment, professional license issues
• Financial: Legal fees, increased insurance rates, potential civil lawsuits

What To Do if Arrested for a Traffic Violation in Virginia

Understanding the complexities of a traffic violation arrest in Virginia is crucial, as it empowers individuals to navigate their rights and the necessary procedures effectively.

One can adhere to the following steps:

Seek Legal Representation

The first crucial step is to seek legal representation immediately. Contacting an experienced traffic or criminal defense attorney should be a top priority. It is advisable to consult with this lawyer before discussing the case with anyone else, as this helps protect one's legal interests from the outset.

Collect Documentation

The next step involves collecting all relevant documentation. This includes obtaining copies of the arrest report and any issued tickets. Additionally, gathering pertinent evidence, such as witness statements or dashcam footage, can prove invaluable in building a solid defense.

Attend Court Appearances

Attendance at all scheduled court appearances is paramount. Individuals should mark these dates prominently on their calendars and ensure they arrive punctually and dressed appropriately for each appearance.

Evaluate Legal Options

Individuals should carefully evaluate their legal options with the guidance of their attorney. This involves discussing potential plea bargains, weighing the pros and cons of going to trial, and fully understanding the possible consequences of each option.

Explore Alternative Sentencing

Exploring alternative sentencing options can also be beneficial. Attorneys can provide insight into eligibility for diversion programs and investigate alternatives like community service or traffic school.

Prepare for Potential Outcomes

Lastly, it is essential to prepare for all potential outcomes. This includes understanding possible fines, license suspensions, or even jail time resulting from the charges.

Working closely with the attorney, individuals can discuss strategies to minimize the impact on their driving record and insurance rates, helping to mitigate long-term consequences.