Student Legal Services at Virginia Tech
Traffic Tickets
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Traffic |
TRAFFIC INFRACTIONS AND TRAFFIC OFFENSESTraffic infractions are those violations of Title 46.2 ("Motor Vehicles") of the Virginia Code (and regulations adopted pursuant thereto) that aren't punishable as a misdemeanor or felony. The penalty for a traffic infraction is usually limited to the penalty for a Class 4 misdemeanor (currently $250) plus suspension or revocation of your driving privileges. Traffic infractions are violations of public order and aren't deemed to be criminal in nature even though many of the procedures for dealing with infractions are the same as for criminal offenses. Infractions don't appear on your criminal record and are dropped from your DMV record after a certain number of years. (To find out how many years, click on the DMV points link below.) At this point you might be asking "But can't a person go to jail for Reckless Driving or DUI?" The answer is "Yes." In fact there are many traffic offenses that are punishable with jail time or worse, but those offenses are misdemeanors or felonies--not traffic infractions. Reckless Driving and DUI are discussed below. INSURANCE POINTS AND DMV POINTSThere are two types of points: Insurance Points and DMV Points. Your insurance company might or might not use a point system to determine your insurance premiums. Whether they do is entirely up to them. Contact your insurer if you want to learn more about how they set their rates, but be prepared to not get any answers. Insurance companies tend to be quite secretive about the methods and formulas they use to determine the amount of each driver's premiums. DMV points are a lot easier to understand. For each moving violation you're convicted of (whether it's a misdemeanor or just an infraction), the DMV assesses demerit points against you. The number of demerit points assessed against you depends on how serious your violation was. You can also be awarded safe driving points by not getting any tickets during a calendar year or by taking a DMV-approved driving course. The safe driving points counteract demerit points. You can accumulate up to five unused safe drving points to counteract future demerit points. If you get too many demerit points, the DMV will suspend your driving privileges. To learn more about the points system check out what the DMV says about points. Keep in mind that judges don't have any say in point assessments. Points are automatically assessed by the DMV based solely on whether you were convicted or not. RECKLESS DRIVINGReckless Driving, in all its various forms, is a Class 1 misdemeanor punishable by up to a year in jail and a $2500 fine. (Plus, your insurance premiums will certainly go up by a substantial amount--possibly doubling.) There are many ways to be found guilty of Reckless Driving. If you drive in a manner that endangers the life, limb, or property of another person, you're guilty. (See Virginia Code section 46.2-852 .) Here's a list of some of the ways you can be found guilty of Reckless Driving:
SPEEDING RECKLESSLYHow fast must you be going to be considered speeding recklessly? This is tricky because there are many ways that your speed can make you guilty of reckless driving. Any speed can be considered reckless if you endanger the life, limb, or property of another person (46.2-852) or if you exceed a "reasonable speed" under the existing circumstances and traffic conditions (46.2-861). However, you are automatically guilty of reckless driving by speed if you are driving 20 mph or more over the speed limit. Also, no matter what the speed limit, DRIVING OVER 80 MPH IS ALWAYS RECKLESS. (46.2-862) So remember: If you're on the Interstate and the speed limit is 65 mph, you're guilty of reckless driving at 81 mph or higher--not just 85 mph or higher. DUI AND DWIIn Virginia DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are the same thing. The code section that makes it illegal to drive "under the influence" of alcohol and/or drugs ( 18.2-266 ) is titled "Driving motor vehicle, engine, etc., while intoxicated, etc." Most people tend to call the offense DUI, but in official records it's usually called DWI. In Virginia, operating a motor vehicle with a Blood Alcohol Content (BAC) over 0.08 is automatically a DUI. To learn more about DUI/DWI, check out our separate DUI FAQ. BABY DUIsThe phrase "Baby DUI" is a slang term for a violation of the so-called zero tolerance law ( 18.2-266.1 ) which prohibits anyone under 21 from operating a motor vehicle after unlawfully consuming alcohol. If you're arrested for a Baby DUI and your BAC tests at a level of 0.02 or higher, you are presumed guilty; however, this is just a presumption-- not a requirement. You can be convicted even if you aren't tested, as long as the arresting officer can prove that you operated a motor vehicle after unlawfully consuming alcohol. The officer's testimony that he saw you drink and drive or that you admitted that you had been drinking before he pulled you over is a great way for the Commonwealth to prove its case against you. A conviction under this law is a misdemeanor punishable by up to a $500 fine and a 6-month license supension. As of July 1, 2008, the punishment will increase to a minimum fine of $500 or a minimum of 50 hours of community service plus (either way) a mandatory one-year license suspension. (The increased punishment is currently scheduled to sunset (expire) July 1, 2010.) This is in addition to the punishment you might receive for a conviction of Underage Alcohol Possession. The laws for testing a suspect's BAC under the zero tolerance law are the same as for testing DUI suspects. See the DUI FAQ. GETTING PULLED OVERIf you're driving along and a police car pulls up behind you with its lights flashing, pull over as soon as you safely can. If you're on a highway, pull as far onto the shoulder as you can and stop. Turn off any distractions (such as the radio), roll down your window, and turn off the engine. If it's dark outside, turn on your emergency flashers and your interior light. Don't get out of the car unless the officer asks you to! Keep your seat belt on, and keep your hands in plain view, preferably on the steering wheel. Your passengers should do the same. If an officer can't see your hands or sees you reaching for something, he might think you're hiding contraband or holding a weapon. If the officer asks for a document (such as your license, car registration, or insurance card), tell him where it is and reach for it slowly. If you have questions about why you were pulled over, hold them until the officer finishes. If you disagree with the officer, don't argue with him--save your arguments for court. If the officer asks you to sign the ticket, do so. Signing the ticket doesn't mean you agree with the officer; it just means that you promise to either appear in court or pre-pay the fine. If you don't sign, the officer can arrest you and take you before a magistrate who might require you to post bail before you're allowed to leave. OUT-OF-STATE TRAFFIC VIOLATIONSMost states are participants in an agreement ("The Driver License Compact") that requires member states to send information to the home state of any driver convicted of a traffic violation. For example, if you're licensed to drive in Virginia and you are convicted of a DUI in Maryland, Maryland is required to inform Virginia of your conviction. Virginia will then place the conviction on your DMV record. Minor offenses sometimes don't get placed on your record but major ones will, and then your insurance company will find out and possibly raise your rates. If you're an out-of-state driver and you're convicted of an offense in Virginia that would normally result in a suspended license, Virginia can't suspend your license. Instead, Virginia will suspend your privilege to drive in the Commonwealth and notify your home state. Then your home state will likely suspend your license. So having an out-of-state license usually doesn't help you avoid a license suspension. CIVIL REMEDIAL FEESThe civil remedial fees have been repealed. Gov. Kaine signed off on the legislation on March 27th. Refunds for any fees already paid should be issued in the next few months. Any fees not yet paid will be zeroed out by giving the driver a credit towards the unpaid amounts. If your driver's license has been suspended due SOLELY for failure to pay the fees, you should receive notice that your license can be reinstated without having to pay the usual reinstatement fees. Note that this doesn't apply if your license was suspended for some other reason. To see the text of the enacted bill go to HB1243 WHAT SHOULD YOU DO IF YOU'VE BEEN CHARGED WITH A TRAFFIC VIOLATION?If you're a VT student, make an appointment to see the SLS Attorney.
DISCLAIMERS: The information provided on this website may not be current or valid. You must not rely on the information contained here without first speaking to a licensed attorney. Always speak to a licensed attorney regarding any legal issue you may have. Student Legal Services at Virginia Tech is not an agent of Virginia Polytechnic Institute and State University. Legal services are provided by an independent contractor and funded by Student Government. |
This page is located at http://www.legal.sga.vt.edu/traffic.htm.
This page was last updated June 10, 2008.