What Happens if You Get a Speeding Ticket in Virginia?
Getting a speeding ticket in Virginia has serious legal and financial consequences, as the state has some of the strictest traffic laws in the country. What happens next depends on how fast you were driving, your driving record, and whether you choose to pay the fine or contest the ticket in court.
A speeding ticket in Virginia can range from a minor inconvenience to a serious criminal charge, depending on the speed and circumstances. Beyond fines, the long-term effects, such as drivers’ license points, higher insurance costs, and potential license suspension, make it important for drivers to take any citation seriously and consider consulting a Leesburg criminal defense attorney, especially for high-speed or reckless driving charges.
Initial Matters
When a driver is stopped for speeding, the officer will typically issue a citation listing the alleged speed, the speed limit, and other pertinent facts, along with the relevant Virginia Code section. The ticket will also include instructions for paying the fine or appearing in court. The driver must sign the ticket as a promise to appear or respond by the court date. A signature is not an admission of guilt.
Ignoring the ticket, failing to appear in court, or missing a deadline, like a deadline to complete traffic school, can lead to additional charges, a suspended drivers’ license, and even a warrant for arrest. Most people don’t know about these adverse actions until someone tries to verify the drivers’ license or they get pulled over for another infraction.
Levels of Speeding in Virginia
Virginia classifies most speeding violations as traffic infractions, which are the lowest level of criminal offense in Virginia. But the severity varies.
Driving one to nine mph over the limit usually results in a fine and three points on your driving record. Ten to nineteen mph over the limit generally leads to a higher fine and four points.
However, speeding 20 mph or more above the limit, or driving over 85 mph regardless of the posted limit, is considered reckless driving, which is a Class 1 misdemeanor. This is a criminal offense, not just a traffic ticket, and it carries potential penalties of up to 12 months in jail, a $2,500 fine, and a six-month drivers’ license suspension.
Resolution Options
If the ticket is for one to nine mph over the limit, most drivers simply pay the fine before the court date, either online, by mail, or in person. Paying the fine is an admission of guilt, and the conviction is reported to the Virginia Department of Motor Vehicles (DMV). The DMV assigns points, which stay on the record for two years.
The auto insurance effect of a 1-9 mph over citation is negligible. Usually, insurance companies basically place these drivers on watch lists. So, any future traffic infraction triggers a substantial rate increase.
Substantial rate increases are par for the course in 10-19 mph speeding tickets, in addition to the aforementioned consequences. For these reasons, most drivers consider traffic school or partnering with a Leesburg criminal defense lawyer and fighting the ticket.
Drivers charged with reckless driving definitely need lawyers. If your liberty is at stake, an attorney needs to handle your case.
In traffic court, or in criminal court, the officer must prove the speeding charge beyond a reasonable doubt. To rebut the state’s evidence, defendants can present evidence such as witness statements, RADAR gun calibration certificates, or dashcam footage.
If the judge finds the driver not guilty, the charge and points are dismissed. In some cases, the judge may reduce the charge to a non-moving violation or offer the option of attending a driver improvement course to lessen the penalties.
Contact a Hard-Working Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
