Virginia Traffic Violations Lawyers

Getting pulled over for an oversight, whether speeding or swerving, can have significant consequences. While for some, it may mean points on their license and potentially higher insurance rates, for others, it could lead to a loss of driver’s license or driving privileges and therefore, the ability to work.

Hiring a Virginia traffic violations lawyer may reduce the risk of serious consequences, allowing you to breathe easier. At Welch & Wright, our experienced law firm fully understands the traffic laws in Virginia and how to navigate your legal rights through them.

Virginia Traffic Violations

Under Virginia law, those who face traffic violations have the right to contest them. Contesting traffic violations requires that the court hear your side of what occurred and have the officer show proof that you were, in fact, in violation. The following are examples of types of traffic violations you may be able to contest:

• Speeding
• Improper passing
• Running a red light
• Reckless driving
• Driving under the influence (DUI)
• Driving while holding a cell phone
• Following too close to another vehicle
• Aggressive Driving
• Racing
• Other moving violations, including any violation of state or local traffic laws
• Non-moving violations, including registration expiration, illegal parking, unlawful vehicle modifications, loitering

Understanding your right to contest traffic violations is critical. Many moving violations carry the risk of point assessment, fines, and, potentially, jail time.

Are Traffic Violations a Felony or Misdemeanor in Virginia?

Traffic violations, or traffic infractions, are not serious crimes, and under Title 46.2 of the Virginia Code, traffic infractions are not assigned a misdemeanor or felony designation. In most situations, traffic violations are non-criminal offenses that require payment of a fine and points added to a license, which can affect someone’s insurance or ability to drive. Although traffic violations are not criminal in nature, other criminal charges can be brought at the same time for the same incident. For example, you can receive a ticket for running a red light (traffic violation) which then leads to an investigation and a charge for Driving Under the Influence or DUI (which is a criminal charge that can be either a misdemeanor or felony).

There are some situations in which traffic violations can lead to felony or misdemeanor charges.

Misdemeanor Traffic Violations

Some examples of traffic misdemeanors include:

• Driving with a suspended license
• Reckless driving
• Driving without a license

In these situations, the court can impose fines, points, and jail time when necessary. These misdemeanors can also appear on your criminal record, meaning a future employer who runs a background check may find them.

Felony Traffic Violations

Some examples of felony traffic crimes include:

• DUI Manslaughter
• DUI 3rd or Subsequent Offense

You may face fines, license points, and jail time in these situations. All felony violations are serious crimes.

Do I Need a Lawyer for a Traffic Violation?

No rule under state law requires a person to obtain an attorney if they receive a traffic ticket. In short, a traffic ticket lawyer is not necessarily needed for low-level, non-criminal traffic offenses.

However, you only get one chance to prove your case (unless you appeal it to a Circuit Court, which usually is much more costly to hire an attorney). If you do not want the moving violation on your driving record or you do not want the risk of facing criminal charges for it, hiring an attorney is critical. Your traffic ticket lawyer can help you get a better chance at minimizing the worst possible complications.

We encourage you to seek a free consultation with a traffic ticket lawyer. Let our defense lawyers offer fair and honest insight into your legal options. Legal advice could help you protect your financial future.

Penalties for Driving on a Suspended License

If you are driving on a suspended license, you could face severe penalties. Under Virginia Code § 18.2-301, if you do not have a permit because it was suspended for any reason, and you are driving, this is a Class 1 misdemeanor charge. As a result of this charge, you could face serious consequences, including:

• Vehicle impoundment for up to 90 days
• Fines of up to $2,500
• Jail time of up to 12 months in jail. Also, for those who are facing a third or further offense within a 10-year timeframe, a mandatory jail sentence applies on top of other penalties
• Extension of license suspension for as long as the initial suspension period
• Permanent criminal record
• Additional fees upon restoration of your driver’s license and return of the vehicle

It is also critical to consider additional losses. For example, if law enforcement charges you with a moving violation and you are convicted, perhaps for driving over the speed limit, that will create a permanent criminal record, which could result in increased insurance premiums.

Some employers do not maintain employees with criminal records or moving violations. This is especially true for jobs that require a lot of driving or certain driver certification. That could mean your future financial well-being is on the line as well. The implications of driving without a legal license could be significantly higher if someone is hurt as well.

Why Choose Welch & Wright, PLLC If You Are Charged With a Traffic Violation

At Welch & Wright, PLLC, our highly experienced legal team recognizes your situation, even if it may seem like a simple traffic violation. We take your case seriously, build a strong criminal defense, and then work closely with you to demonstrate your rights.

Having helped our clients to see dropped or reduced charges, we take all traffic cases seriously and fight for full and fair outcomes in your case.

Recent Client Testimonials

“Nick Wright was exceptionally knowledgeable and helpful in resolving my speeding ticket, guiding me to a favorable outcome. He was attentive and provided prompt responses to all my questions. I highly recommend Welch & Wright!” — Matthew R.

“I highly recommend Welch & Wright, PLLC. Thank you Mr. Nick Wright for making this process much easier and for such a favorable outcome. If you need a criminal justice attorney, Mr. Wright is your guy. He was very efficient in answering questions and guiding me throughout the entire process.” — Marianny M.

Frequently Asked Questions About Traffic Violations

Do Traffic Violations Stay on My Driving Record?

If you receive a Virginia traffic ticket, such as for reckless driving charges or driving while intoxicated (DWI), those convictions could remain on your record for 11 years. Ultimately, the time it stays on your record depends on the traffic charges you face and the outcomes. Each charge has a set amount of time it is supposed to remain on your VA DMV record, however, charges can remain longer on your record if you continue to be convicted of subsequent tickets.

sometimes, even with the best possible outcome, there could still be long-term implications from a traffic violation. Seeking out the help of an experienced Virginia legal team could help you obtain a more preferable outcome.

Will a Speeding Ticket Raise My Insurance?

The Virginia traffic ticket you receive may stay on your record long-term. The length of time depends on factors such as the court’s decision, the details of your case, and the best possible outcome your attorney fights for and achieves.

However, in the Commonwealth of Virginia, insurance companies recognize that drivers who have one speeding ticket are more likely to exhibit additional reckless driving behavior and ultimately more charges. Because of increased risk, your insurance company could increase your costs or even decide not to renew your coverage.

What is a Habitual Offender in Virginia?

In Virginia, a habitual offender declaration may be applied to your case if you have 3 or more major or 12 minor convictions within 10-year years.

The state no longer adds habitual offenders. That law was revoked in 1999. However, there are still many people who are on this list from before this time.

If you are considered a habitual offender, that remains on your record long-term. You are still subject to all associated penalties assigned during your case. You must also pay all related fines and costs, and petition the court to reinstate your driving privileges in the state. This almost always requires a hearing in front of the court, where a lawyer will have to argue on your behalf (usually with a prosecutor objecting) on why your privilege to drive should be reinstated.

Can I Lose My License for a Traffic Violation?

A traffic violation can result in the loss of a license. This means a person can lose their driving privileges. A traffic violation occurs when a person engages in activities that add demerit points to their license. The traffic court is the only place to defend against these charges, unless appealed, upon conviction in traffic court, to the Circuit Court.

If you break specific traffic laws, you may be facing license revocation. Hiring Virginia traffic lawyers ready to fight for you is critical to protect your driving privileges and reduce your long-term risks.

If a police officer conducts a traffic stop in your situation, provide the officer with factual information about the accident. We then recommend getting legal representation in your case. Certain accident cases can result in misdemeanor charges, which could result in the suspension of your privilege to drive. With the help of a Virginia traffic lawyer, you could help avoid your license from being suspended.

We Are Here to Help With Your Traffic Violation Needs: Call Our Virginia Traffic Lawyers Now

Whether you have a court date or are unsure if you need a defense lawyer, contact Welch & Wright. Our Virginia traffic lawyers are exceptionally dedicated, and reliable in helping each client get the legal support they need.

If you need help from a defense lawyer you can count on Welch & Wright, PLLC in the Hampton Roads area. Contact our lawyers now to learn more about how we can help you. Call (757) 707-8803 or fill out our form online.