Traffic Violations in Virginia

Traffic violations occur when drivers intentionally or unintentionally disobey regulations that guide road usage and safety - for example, running a red light, drunk driving, and driving without a seatbelt.

Each state in the United States of America, including Virginia, establishes traffic regulations and penalties for whoever commits traffic violations within their jurisdictions. Generally, these penalties are assessed based on the severity of a person's offense and enforced by the courts and the Department of Motor Vehicles (DMV). Some include fines, demerit points, imprisonment, community service, and probation.

Types of Traffic Violations in Virginia

Traffic violations in Virginia can be classified into moving and non-moving violations. Non-moving violations are mostly minor offenses that take place with a stationary vehicle. They typically constitute parking violations, faulty vehicle equipment, and expired/no paperwork. Examples include:

Parking in a no-parking zone
Parking beside an expired meter
Driving with expired registration
Broken headlamps or tail lights
Broken mirrors
Missing license plates

Typically, the maximum penalty for non-moving traffic violations in Virginia is the payment of a fine.

On the other hand, moving traffic violations occur when a vehicle is in motion. Common moving violations in the state include speeding, improper passing, reckless driving, driving under the influence of alcohol or other intoxicating substances, and running a red light or stop sign.

Unlike non-moving violations, moving violations carry harsher penalties, as they endanger the lives and safety of other road users. Anyone accused of a moving violation in Virginia should expect penalties other than fines. For example, imprisonment and demerit points.

Regarding demerit points, the court notifies the DMV once someone is convicted of a traffic violation in Virginia. Upon receiving the information, the DMV assigns points to the offender's record based on the type of offense:

Six-point violations: Traffic violations under this category include DUI, manslaughter, reckless driving, habitual offenders, driving while suspended, and speeding over 85 mph or at least 20 mph above the posted speed limit.
Four-point violations: Offenses such as passing when unsafe, following too closely, failure to slow down/stop at a railroad crossing are assigned four points in Virginia.
Three-point violations: Examples of three-point violations in Virginia include speeding 1-9 mph above the posted speed limit, improper passing, failure to obey highway signs, improper turning, driving without lights, and driving without a Virginia driver's license or license plate.

Virginia Traffic Violation Code

Virginia's traffic violation code, which includes the state's traffic laws, violations, and penalties, is outlined in Title 46.2 of the Code of Virginia. Additionally, the laws governing drinking and driving violations are codified at sections 18.2-266 through 18.2-273 of the Virginia Code.

Generally, these laws ensure the proper usage of roads and the safety of road users.

Virginia Felony Traffic Violations

Virginia felony traffic violations are the types of traffic offenses that are punishable by confinement in a state correctional facility for at least a year. In the state, felonies are serious crimes. They carry harsher penalties than traffic misdemeanors or infractions and create criminal records that follow offenders throughout their lives.

Two common examples of felony traffic offenses in Virginia are third-offense DUIs and hit and run accidents (where the victim was killed or suffered serious bodily harm).

Virginia Traffic Misdemeanors

Virginia traffic misdemeanors are less serious than traffic felonies but more serious than infractions. Traffic misdemeanors are often punished with shorter jail terms than felonies, and the person may be asked to pay some fines. Virginia traffic misdemeanors include:

Reckless driving
Driving while intoxicated
Driving on a suspended license
Driving on a revoked license

One other possible penalty for a Virginia traffic misdemeanor is the suspension of an offender's driver's license. Typically, with such offenses, the court penalizes an offender by the severity of the charge, the facts surrounding the incident, and the offender's background (e.g., if the party is a repeat offender).

Virginia Traffic Infractions

Virginia traffic infractions are violations under Va. Code Ann. § 46.2- 113 that are not punishable as felonies or misdemeanors. Mostly, these offenses lead to traffic tickets and can be settled with a fine. However, infractions can result in demerit points on an individual's driver's license. Some common traffic infractions in Virginia include:

Speeding
Running a red light
Improper turn
Improper passing
Disobeying highway signs
Failure to yield
Driving too close to a vehicle
Driving a vehicle with no tail lights

Although infractions attract demerit points and appear on DMV records, they are not criminal offenses. In fact, most traffic offenses in Virginia are considered traffic infractions due to their minor nature.

Virginia Traffic Violation Codes and Fines

The Commonwealth of Virginia attaches fines to every traffic violation that occurs within its boundaries. However, the amount payable by an offender depends on the type of violation (whether an infraction, misdemeanor, or felony).

When the offense committed is a traffic infraction, the fine is assessed according to Va. Code Ann. § 46.2-113. Under this statute, an infraction is punishable by a fine of not more than that imposed for a Class 4 misdemeanor under Va. Code Ann. § 18.2-11. This means that an offender will not pay more than $250, excluding court costs, to settle their case. For a complete list of traffic infraction fines, individuals can check Rule 3B:2 of the Rules of the Supreme Court of Virginia, also referred to as the Traffic Infractions and Uniform Fine Schedule.

When the traffic violation is a misdemeanor, the offender's fine will depend on the class of the misdemeanor. In Virginia, there are four misdemeanor classes: Class 1, 2, 3, and 4. Section 18.2-11 of the Virginia Code authorizes the following fines for each class:

Class 4 misdemeanor: A fine not exceeding $250
Class 3 misdemeanor: A fine not exceeding $500
Class 2 misdemeanor: A fine not exceeding $1,000
Class 1 misdemeanor: A fine not exceeding $2,500

Finally, the fine imposed for a felony traffic violation depends on its felony class (Class 1 to 6) but will usually be at least $1,000. Section § 18.2-10 of the Virginia Code contains the maximum fines for each felony class.

How to Pay a Traffic Violation Ticket in Virginia

In Virginia, the Circuit Court and General District Court are responsible for handling traffic violation tickets. Anyone wishing to pay a ticket to the Circuit Court can use the Virginia Judiciary Online Payment System. Meanwhile, a ticket due to the General District Court can be paid via the following means:

Online: Ticketed persons can use the General District Court Online Case Information System to pay for tickets remotely. Generally, an individual can make a pre-court payment or a post-court payment to the court.

A pre-court payment is one made before the specified court date. Typically, individuals who opt for pre-court payment have until 3:30 p.m. (eastern time) on the last business day before their court date to pay using the online system. It should be noted that Virginia considers a pre-court payment as an admission of guilt (i.e., the entry of a guilty plea). As such, a party waives their right to a court hearing and will incur any other penalty associated with their offense. For example, demerit points from the DMV.

On the other hand, a post-court payment is made after an offender's court date. As a general rule, if the court does not receive the payment within 40 days after one's court date, the sum will begin to attract interest, and the case will be sent to collection. It is worth noting that online payments cannot be processed on one's trial date, as the system is updated overnight. Payments can only be made from 6:00 a.m. on the day after.

Mail: Anyone who wishes to pay a Virginia traffic ticket via mail must do so promptly to ensure that the payment reaches the court on time. Generally, for pre-court payments, the cited individual must mail their payment to the court noted on the ticket at least seven days before the court date.

For post-court payments by mail, the offender must confirm how much is owed with the court clerk. In addition, the person must ask the clerk for the "reference case number," which will later be written on one's check or money order. The courts accept personal checks, money orders, and certified checks as forms of payment. Here are the addresses, contact numbers, and office hours of the General District Courts.

People who need more information about the mail payment process in the General District Courts can refer to the state judiciary's How to Pay Traffic Tickets and Other Offenses page.

Traffic Violation Lookup in Virginia

Anyone can conduct online searches to look up traffic violation cases or tickets in Virginia. The Online Case Information System-Statewide Search (OCIS 2.0) allows individuals to look up traffic tickets issued in Virginia. The system is also valuable in retrieving traffic case information from the General District Courts and select Circuit Courts.

Interested persons can also search for traffic violation cases handled by a specific Circuit Court using the Circuit Court Case Information System. Likewise, a traffic proceeding held by a particular General District Court can be reviewed using the General District Court Online Case Information System.

How to Plead not Guilty to a Traffic Violation in Virginia

Pleading not guilty to a traffic violation in Virginia means that an individual formally disputes the charge(s) brought against them. It does not necessarily mean that the person is innocent of the offense but that they wish to argue their case at a trial before a judge or jury. In doing so, they can either prove their innocence and have the court dismiss the charges or obtain a lesser sentence - unless the court finds them guilty.

Generally, anyone who chooses to plead not guilty must inform the court of their intent. (Instructions will typically be written on one's traffic ticket.) However, it is important to present oneself to the court to enter a "not guilty" plea to a traffic violation in Virginia.

If eventually, the judge finds the person not guilty of the traffic violation, the person does not need to pay the citation fine. However, such a person must pay all court fees and legal fees.

Ultimately, it is advisable to consult an experienced traffic attorney for the best steps to take.

What Happens if You Plead No Contest a Traffic Violation in Virginia

A "no contest" plea in Virginia is also referred to as nolo contendere. It means that a defendant refuses to accept responsibility for an offense but, at the same time, does not dispute the accusation or punishment. In other words, even though the defendant does not admit guilt, they still accept the court's decision.

If an individual pleads no contest to a traffic violation in Virginia, the court may sentence them immediately. This sentence is the same as that assessed for a guilty plea or conviction.

How Long Do Traffic Violations Stay on Your Record?

The Virginia Department of Motor Vehicles reports traffic violations that led to a conviction on a person's driving record. The period that such violations stay on record is dependent on the severity of a person's offense. If the offense led to a departmental action (like a license suspension), the reporting period would likely be extended.

Furthermore, if the offense is severe - for example, driving a commercial motor vehicle while disqualified or driving a commercial motor vehicle with alcohol in blood - the violation will remain on the offender's record forever. Most traffic convictions that stay on record permanently are violations committed by CDL (commercial driver's license) holders.

Some of the DMV's reporting periods for traffic convictions include:

Injuring a person while racing: 11 years
Driving while intoxicated: 11 years
Failure to stop for pedestrian: 3 years
Speeding 20 miles/hour or more above the posted limit: 5 years
Aggressive driving: 5 years
No Virginia driver's license or license plate: 3 years
Improper turn: 3 years

A list can be found on the DMV's Moving Violations and Point Assessments web page under "Traffic Violations And Demerit Points".

Regarding demerit points, the DMV reports them for two years. This includes points resulting from convictions in other states.

Can Traffic Violations Be Expunged/Sealed in Virginia?

Yes, traffic violations can be expunged in Virginia. In the state, an expungement means that records of an arrest and court case will be removed from a person's criminal record. As such, no one can access the information unless having a legitimate purpose and a court order authorizing review. For example:

If required by a law enforcement agency for employment purposes
If required for a criminal investigation
If an investigation will be compromised or life or property will be endangered without immediate access to the record

According to Virginia's expungement law (codified at Va. Code Ann. § 19.2-392.2), the court can expunge a traffic violation from someone's criminal record if the defendant was acquitted, an order of nolle prosequi or dismissal was entered, or in cases of identity theft.

What Happens if You Miss a Court Date for a Traffic Violation in Virginia?

Missing a court date for a traffic violation in Virginia (also known as a failure to appear or FTA) comes with its own repercussions. Anyone found guilty may be prone to new charges (e.g., a class 6 felony if the FTA was willful) or arrest by law enforcement.

Generally, there are three consequences to missing a court date for a traffic violation in Virginia. The first is that the defendant may be found guilty in absentia. In this case, the individual must pay the court costs and all other fines. Payments must be made within 30 days of the date of conviction, or else the DMV may suspend the defendant's driving privileges.

Secondly, the court may issue a Rule to Show Cause for Contempt of Court. This orders the defendant to appear in court on a particular date, bearing an explanation for the FTA and why the court should not find them in contempt.

Lastly, the judge may release a bench warrant for missing the court date. This allows law enforcement to arrest the defaulting party and bring them to court.