Not all speeding tickets in Virginia result in minor fines and infractions. Based on your speed and location, you may find yourself in trouble with both law enforcement officers and a judge.
“Virginia is notorious for treating many of the speeding violations much more severely than drivers anticipate. In some situations, a violation will escalate to the status of reckless driving, which is a criminal offense,” according to Michael La Fratta, an experienced attorney from La Fratta Law.
The following article discusses when you may need legal assistance and how Virginia state laws may affect your situation.
Preventing Demerit Points from Accumulating
Depending on the nature of the violation, you may receive demerit points on your licence. For instance, speeding 10–19 mph over the limit will result in 4 points, whereas other violations will result in 6 points.
Points are valid for a period of two years, but the actual conviction stays on your driving record for a much longer time. The extended history will affect any future violations.
Violators can attend driver improvement programs or face administrative sanctions. Legal representation can help you reduce the charges that carry demerit points.
Reducing or Dismissing Fines and Penalties
In Virginia, fines are usually per mile above the speed limit. In some areas, there may be local fees in addition to the fine, which would raise the total of the fine.
If you drive over 80 mph or 20 mph over the speed limit, you may be charged with reckless driving under Virginia Code 46.2-862. Reckless driving is a Class 1 misdemeanor and can result in fines, a driving suspension, or jail time.
In certain cases, a lawyer might be successful in getting the charge reduced to improper driving or another lesser charge. That difference can have a major impact on both the criminal and financial aspects of the situation.
Preventing Higher Insurance Premiums
Your speeding ticket is not the end of your troubles. Once you renew your insurance, this original infraction can quietly and easily increase your rate each month.
In Virginia, one’s insurance company might assume an increased risk if a client is caught speeding, particularly if charges are filed for reckless driving. You may not notice the effect straight away, and so it could be hard to believe you could end up paying hundreds more per year for a period of three to five years.
With that knowledge in mind, hiring a lawyer for your speeding ticket could end up saving you money in the long run.
Identifying Errors in the Traffic Stop or Ticketing Process
Virginia law states how and what procedures are to be used while enforcing traffic laws. This includes an officer using a radar or LIDAR device to drive and stay certified.
Additionally, the officers need to be trained and authorized to use those devices under state guidelines. If the proper documentation is missing or has expired, the accuracy of the speed reading may be affected in the eyes of the law.
Sometimes, pacing methods or visual estimates are used instead of radar. An attorney can look into whether the device was used and provide this as evidence in your favor.
Navigating Court Procedures and Legal Requirements
Speeding cases in Virginia are handled in the General District Court. While the process may seem informal, the outcome can still carry lasting consequences.
For reckless driving charges, you may be required to appear in court rather than prepay the ticket. Judges may also consider factors such as your driving history and speed relative to conditions.
An attorney familiar with local courts can tailor arguments to the specific judge and jurisdiction. That familiarity can influence how the case is presented and ultimately resolved.
Conclusion
It is easy to treat a speeding ticket as something routine, especially when it feels like a one-time mistake. In Virginia, however, the details of the charge can matter more than most people realize.
Before deciding how to handle your case, it may be worth speaking with a qualified attorney. A short conversation can help you understand what is at stake and whether a different approach could lead to a better outcome.
