TRAFFIC TICKET DEFENSE ATTORNEY VIRGINIA
The road safety laws are created in order to govern the traffic and to ensure that the vehicles are operated under legal conditions. When it comes to a state like Virginia, it is recognized as one of the states with strict traffic laws. On the other, in Virginia, there is a wide range of traffic violations. some of the violations are considered minor and penalty assigned are fine and demerit points. But serious traffic violations will potentially carry serious charges like jail and suspension of license.
Traffic infraction and violation
A traffic infraction is not considered a crime in Virginia and a fine will be imposed as a penalty.
Some of the common traffic infractions in Virginia are:
Speeding, improper turn, improper passing, running a red light, driving with a taillight or headlight that does not work, failing to come to a complete stop at a red light before turning right, driving too close to a vehicle, failing to yield, failing to obey highway sign or lane marking, making an illegal U- turn.
Infractions in Virginia are classified as moving violations and non-moving violations.
But in cases of a serious traffic violation in Virginia, it will be considered as crime and penalty imposed will be of serious nature. Virginia traffic violations are classified into three categories in Virginia – felony, misdemeanor, an infraction.
- Non- moving violation cases
- parking in front of a fire hydrant
- parking in a no-parking zone
- parking in front of an expired meter
- blocking the sidewalk
- double parking
parking in a handicapped space without DMV authorized disabled plate or plate card. In cases of non-moving violation, the notice will be issued on the name of the vehicle.
Penalties for traffic violation convictions in Virginia can range from a small fine to incarceration depending on the offense. Traffic violations such as DUI, reckless driving, speeding, and driving on a suspended or revoked license are among the most enforced laws in Virginia.
You should study your ticket in Virginia and look for the specific traffic law that the officer claims that you violated and the fine printed on it, for the offense. In Virginia, traffic violations carry specific demerit points in the driver’s license. According to the severity of the violation, the traffic tickets will be issued. On getting a legal consultation with the Virginia attorney, you may come to know about the demerit point that each specific violation carries.
- speeding above the limit(1-9MPH), U-turn, improper passing, driving without a license- 3 points will be issued.
- reckless driving, unsafe passing, following too closely, improper signal, etc- 4 points
- speeding in excess of 80 MPH, racing, DUI, driving on a suspended license, etc.- 6 points
If your driving speed exceeds 20 MPH or more over the posted speed limit or 80MPH or more anywhere in Virginia, then a speeding ticket will be issued and charged.
A traffic ticket defense attorney in Virginia also discusses the demerit points accrued, that there may be 3 to 6 points and it stays on your record from 3 to 11 years. The demerit points will be entered in your driving license on the report to the motor vehicles department. If you accumulate 18 demerit points in 12 months or 24 points in 24 months, your license will stand suspended.
A good traffic attorney in Virginia will also explain about the positive points. That for a full calendar year if you did not receive any violations or license suspensions, you will earn safe points. The highest safe point you can earn is 5 points every 24 months.
Likewise, the insurance company has its own point system. If you accumulate demerit points, there will be a hike in insurance payment.
Unfortunately, if you were issued a traffic ticket, the determining point is that
- should you just plead guilty and pay the ticket
- or else to defend the ticket by pleading not guilty
Then of course, if you are ready to defend your traffic ticket, the next thing is up to you, whether you are going to defend the case by yourself or to approach a traffic ticket, defense attorney.
The need to Hire a Ticket Defense Attorney in Virginia:
- That it helps you get the ticket dismissed
- It helps you remove points on your driver’s license.
- helps you prevent additional points from accumulating
- potentially lower your car insurance.
A good traffic lawyer can argue the case in your favor and get the ticket dismissed.
A good traffic ticket defense attorney can assist you in winning a traffic ticket case in 3 basic ways:
- offer advice- A lawyer will listen to the facts of the situation and provide you advice and explain the legal position.
- Negotiate a Resolution – If the ticket itself is serious or the drivers facing serious consequences, a lawyer will negotiate with the prosecuting agency.
- represent the client in traffic court- A traffic ticket defense attorney Virginia will present a well organized and more effective defense.
The traffic attorney Virginia is skilled and experienced in using legal strategies to secure dismissal or reduction for many speeding charges. The commonwealth should prove beyond doubt about the violation caused. The defense attorney will know how to use the evidence to benefit the client. An experienced traffic attorney will argue for the reduction or dismissal of charges due to mitigating circumstances.
Without the proper advice of a traffic ticket defense attorney, if you opt for plea bargaining, thinking that it will favor you, it will leave you with a permanent criminal record.
A good traffic ticket defense attorney will explain the flaws
According to the severity of the violation, the tickets will be issued. There may be 3 to 6 points and it stays on your record from 3 to 11 years. The demerit points will be entered in your driving license on the report to the motor vehicles department. If you accumulate 18 demerit points in 12 months or 24 points in 24 months, your license will stand suspended.
A good traffic attorney will also explain about the positive points. That for a full calendar year if you did not receive any violations or license suspensions, you will earn safe points. The highest safe point you can earn is 5 points every 24 months.
Likewise, the insurance company has its own point system. If you accumulate demerit points, there will be a hike in insurance payment.
That in general, you can expect to pay $6 for every mile over the limit you were driving. This fee jumps up to $7 per mile over when driving in a school or work zone, and $8 per mile over in a residential area, with an additional $200 tacked on.
A traffic ticket defense attorney Virginia is experienced and excelled in handling traffic defense cases. As they handle other similar offenses, your case will be better understood by a good traffic attorney and able to make a comprehensive defense in court.
If in fact, you violated the law but had a legal reason for doing so. Any emergency situation may be grounds for the court to take into consideration your reason for violating the law. some of them are :
- in cases of a medical emergency and you were en route to the hospital
- taking evasive action to avoid an accident
- briefly speeding up while passing another vehicle on a non- divided highway was passing in the opposite lane is permitted.
Any emergency situated may be quoted to your defense, but it is up to the court to decide whether you violated the law or not.
Traffic ticket for an out of state driver
When an out of state driver is issued a traffic ticket, it will be more like a crime. driving without a proper license will be charged with serious penalties. The traffic ticket defense attorney will appear on behalf of the out of state driver and probably won’t make him appear for each and every hearing.
If you have been accused of speeding or reckless driving in Virginia, as a traveler, the traffic ticket defense attorney Virginia, is always there to provide you good assistance, in defending the ticket. Both speeding convictions and other traffic offenses in Virginia may lead to the suspension or denial of driving privileges for out-of-state drivers and an increase in insurance premiums. And with the optimum defense strategy, the traffic ticket defense attorney, will provide the defenses available and get your ticket cleared.
S 46.2-483 through 46.2-488 deals with Driver License Compact . under S 46.2-483 Driving License Compact enacted into law.
The Driver License Compact (DLC) is signed by most of the states and one among them is Virginia. To act on “One Driver, One License, One Record” Under the DLC, traffic violations issued to drivers licensed in another state are reported to the driver’s home state. The home state will treat the offense as if it had been committed within its borders and apply its laws to the out-of-state offense. The American Association of Motor Vehicle Administrators (AAMVA) maintains a list of states that have signed the DLC agreement.
The Non-Resident Violators Compact (NRVC) requires member states to suspend the driver’s license of those who get traffic tickets for moving violations in other states and fail to pay them. The individual’s licensing state will suspend his or her driver’s license until the person complies with the terms of the citation. It depends upon the states, that are members of the NRVC, whether or not to apply it to residents.
In extreme instances, a motorist cited for a traffic violation in a jurisdiction other than their home jurisdiction must post collateral or bond to secure appearance for trial at a later date. If the offender is unable to do this, they may be taken into custody until the collateral or bond is posted. In some states, they may be taken directly to court for trial to be held.
The compact is not supposed to include non-moving violations. A member state may choose to voluntarily suspend the license of an individual who does not pay an out-of-state ticket for an equipment violation such as loud exhaust.
The rights of an out of state driver are well explained and help build the case, and the best interest is represented in the court by a specialized traffic attorney.
SPEEDING TRAFFIC TICKET DEFENCE ATTORNEY VIRGINIA
- Driving in excess of 20 mph above the posted limit
- Driving in excess of 80 mph, regardless of the posted limit
- Driving too fast for road conditions
when you drive exceeding the above-enumerated speed, probably, you will be issued with a speeding ticket. When you saw the officer approach and ask for your license, you hoped you would be let off with a warning. You thought, at worst, you might get a traffic ticket. You had no idea you could end up with a criminal charge against you, facing the possibility of jail time as a result of being charged with reckless driving for a mere speeding violation. The traffic ticket defense attorney Virginia with their proactive defense protects you from the negative consequences of a criminal conviction. With careful investigation and examination of the details of your case, the traffic ticket defense attorney Virginia will work with you to build the optimum defense strategy. An experienced traffic attorney knows how to compel the state to produce evidence regarding the accuracy of its automobile speed measuring equipment and how to use mitigating evidence to benefit our clients.
A loss of concentration on the road or failure to read speed limit signals can lead to speeding tickets. If you are facing a speeding ticket, then you need to contact a speeding ticket attorney. Whether you have been charged with a normal speeding ticket or you are facing reckless driving by speed, the consequences are severe. Even if you are not facing significant fines or jail time, there is always the issue of demerit points against your driving record. Demerit points can lead to increased insurance premiums. Furthermore, an accumulation of demerit points within a calendar year can lead to loss or suspension of driving privileges.
If you are dealing with any form of speeding ticket in Virginia, our speeding ticket attorneys can help you. Challenging a speed-related offense is not as easy as it appears. As much as you might think you have all the evidence to prove your innocence, it requires skills, knowledge, and experience to dispute the evidence presented by the prosecution. Without these skills, then you might be staring at a possible jail term or even loss of driving privileges.
Whatever the reason for your speeding ticket, the traffic ticket attorney Virginia can examine the aspects surrounding your ticket and then advise you on how best to proceed. The traffic ticket defense attorney having extensive knowledge of all speeding laws, including the latest ones, will provide you with a positive outcome of your case.
If you need a good ticket defense attorney in Virginia, call the Law Offices Of SRIS, P.C. We are your good ticket defense Virginia attorneys in Fairfax County, VA.
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