Author: john

According to data from the National Highway Traffic Safety Administration, approximately 112,000 drivers receive a speeding ticket every day. If you have not been issued a speeding ticket before, you likely know someone who has. While these traffic violations are undoubtedly common in Virginia, many drivers are unsure of how to respond to speeding tickets. Can you challenge a speeding ticket in Virginia? What happens if I am charged with reckless driving for speeding? Do I have options to defend my rights in court? 

Driving Defense Law provides the most comprehensive speeding ticket defense counsel to drivers across Virginia. We have dedicated our practice to protecting the rights of individuals who have been accused of violating Virginia speeding laws. Our team of experienced attorneys work tirelessly to mitigate the long-term consequences of speeding tickets, providing support to our clients at every step of the process. If you are considering challenging your speeding ticket, we are here to help. Consider contacting us at (757) 929-0335 today to get started. 

An Overview of Virginia Speeding Laws

All drivers are required to abide by the rules of the road, which includes staying within the speed limit on all roadways in the Commonwealth. Speeding laws are put in place to provide a basis for law enforcement, reduce disparities in speed, and mitigate the potential of collisions on the roads. According to the 2022 Virginia Traffic Crash Facts report, a total of 24,877 speed-related accidents occurred in 2022, resulting in nearly 500 deaths and 13,000 injuries. With such a high prevalence of speed-related collisions, Virginia law enforcement routinely hands out speeding tickets to discourage drivers from driving at excessive speeds. 

According to Virginia Code § 46.2-870, the maximum speed on all highways is 55 miles per hour, unless otherwise specified by a posted speed limit sign. For tracker trucks and vehicles designed to transport property, the maximum speed reduces to 45 miles per hour on highways. On city and residential roads, drivers should be aware of the posted speed limit. 

Technically, the moment a driver’s speed rises above the speed limit, they are in violation of the law. This means that you could be traveling at 56 miles per hour on a highway – which is a mere 1 mile an hour over the speed limit – and receive a speeding ticket for excessive speed. This underscores the importance of not only being cognizant of the speeding laws in Virginia, but your rights and legal options as a driver who was issued a speeding ticket. 

While they are extremely common, speeding offenses can quickly become serious in Virginia. In fact, in some circumstances, speeding violations can even rise to the level of criminal charges. The majority of speeding tickets that are issued are infractions, meaning are not considered a criminal offense in Virginia. The one exception to this is reckless driving, which is a criminal misdemeanor in the state. 

What Is Reckless Driving?

The vast majority of states have laws that address “willfully dangerous driving,” some states – like Virginia – call these violations “reckless driving.” Reckless driving is one of the most serious traffic offenses and is classified accordingly under Virginia law. Unlike other states, which reserve reckless driving charges solely for more extreme violations such as road racing or dangerous passing, Virginia provides for excessive speed in its reckless driving laws. 

Can I Be Charged with Reckless Driving for Speeding in Virginia?

Yes, you can be charged with reckless driving for speeding in Virginia. According to Virginia Code § 46.2-862, a person can be found guilty of reckless driving if they are caught driving 20 miles an hour or more over the speed limit or if they are driving 85 miles an hour or above on any roadway, regardless of the maximum speed limit. 

In other words, even if the posted speed limit is 70 miles per hour – which is true of many rural freeways and interstates in Virginia – a driver who is caught driving at 85 miles an hour or more can be charged with reckless driving even though they are not going more than 20 miles an hour above the speed limit. 

What Are the Penalties for Speeding in Virginia? 

The penalties for speeding depend entirely on how fast over the speed limit you were going when the police officer pulled you over. If you plead guilty to a speeding ticket, you will face harsh penalties ranging from fines and points on your license to increased insurance rates and suspension of your license. Fortunately, if you act quickly and speak with your attorney about crafting an effective speeding ticket defense, you may avoid these long-term consequences. 

What Are Virginia’s Speeding Ticket Fines?

When you are issued a speeding ticket, the fines that you are required to pay will be listed directly on the ticket itself. In Virginia, fines are assigned based on your speed: 

• $6 for every one mile you were going over the speed limit on a highway.
• $7 for every one mile over the speed limit in a school or work zone.
• $8 for every one mile over the speed limit plus $200 in a residential area.

In addition to the fine, you will also have to pay court fees, which can range from $66 to $86 depending on the ticket. If you choose to simply pay your ticket – an approach that we do not recommend – you must submit payment by the due date listed on the ticket. Failing to pay the fines and court fees by the listed date can result in interest charges or your account being sent to collections. In some situations, a judge may issue a warrant for your arrest if you fail to respond to the ticket. 

What Is the Virginia Demerit Point System?

In addition to the financial penalties of receiving a speeding ticket, you will also accrue points on your license. Like the majority of states, Virginia records a driver’s safety and performance using a demerit point system. When a driver receives a traffic violation, they will be given points on their license. The number of points that a ticket carries depends on how severe the offense is. In Virginia, the points given for a specific violation range from 3 to 6 and can remain on your record from 2 to 11 years. 

For speeding violations, demerit points are assigned in the following manner:

• Three points for speeding 1 to 9 miles per hour over the limit, which will remain on your record for five years.
• Four points for speeding 10 to 19 miles per hour over the limit, which will also remain on your record for five years.
• Six points for reckless driving at excessive speeds of over 20 miles per hour over the limit, which will remain on your record for 11 years. 

With the right speeding ticket defense, you may be able to have these demerit points removed from your record entirely. Having a speeding conviction lifted from your driving record can also help to mitigate the other hidden consequences of speeding in Virginia as well. 

Other Hidden Consequences of Speeding in Virginia

In addition to fines and points on your license, there are additional consequences associated with receiving a speeding ticket in Virginia. If you accrue too many demerit points in too short of a timeframe, for example, your license may be suspended. You may be required to pay more in insurance rates, as insurance companies do not look favorably upon speeding tickets in a driver’s record. Furthermore, if you are charged with reckless driving for speeding, a criminal record will be created which can impact your ability to gain employment, take out loans, be admitted to college, and secure housing. 

What Are My Options After Receiving a Speeding Ticket?

After receiving a speeding ticket in Virginia, you have the option to either: 

• Submit a guilty plea and accept the penalties, or 
• Plead not guilty and fight the charges. 

When you plead not guilty and respond to the charges, you are exercising your Constitutional right against self-incrimination. Exercising this right gives you the opportunity to build an effective speeding ticket defense with the help of your attorney. Pleading not guilty and fighting the charges is essential to avoiding the long-lasting consequences of simply paying your speeding ticket. 

What Are the Consequences of Simply Paying Your Speeding Ticket?

After receiving a speeding ticket, many people assume the only course of action is to simply pay the ticket and accept the penalties. In fact, we advise that you should never simply pay your speeding ticket. When you simply pay your speeding ticket, you are admitting that you were guilty of speeding and agreeing to accept the multitude of consequences that accompany this conviction. You are forgoing your right to challenge your speeding ticket, negotiate a better deal, and defend your rights in court. 

In no uncertain terms, simply paying your speeding ticket is a poor bargain. Negotiation is always possible in speeding ticket cases, and in the majority of situations you can reach a deal with the court to mitigate the consequences of your ticket. In the short-term, simply paying your speeding ticket may be the easiest option, but the long-term consequences are resounding. Between increased insurance rates, demerit points on your license, and the potential impact of a speeding violation on your employment prospects, you will pay for this choice long after paying the fines. 

4 Steps to Building an Effective Speeding Ticket Defense

Successfully challenging a speeding ticket is no easy feat. Without a carefully crafted and strategic legal defense in place, the courts are not likely to dismiss your ticket or agree to keep the violation off your record. This begs the question: how exactly do you build an effective speeding ticket defense? At Driving Defense Law, this is where we start: 

Step 1: Understand Whether Your Ticket Is an Infraction or a Reckless Driving Charge

Before all else, ensure that you fully understand the speeding ticket – they are not all the same. Look at the area of your ticket that describes the charge. Did the police officer write “reckless driving” in this area? Did they cite the numbers “46.2-862” in this section? If these elements are present on your speeding ticket, then you have been charged with reckless driving. In some cases, the officer may not specifically state that you have been charged with reckless driving. They must, however, cite the relevant law for reckless driving, which is Section 46.2-862 of the Virginia Code. 

If you have been charged with reckless driving, you will not be able to merely pay the ticket and move on. Rather, you will be required to attend a court hearing for your case. If your speeding ticket is just that – a simple speeding ticket – then you have the option of avoiding going to court, which is specified on your ticket as well. Fully understanding your speeding ticket is essential to deciding how to proceed with the matter. 

Step 2: Find an Experienced Attorney Who Can Navigate Speeding Tickets in Virginia

Seeking assistance from an attorney who has the experience and knowledge necessary to successfully navigate your speeding ticket case is key. The attorney you hire to represent you in this legal matter will make all the difference in the outcome of your case. Many law firms, Driving Defense Law included, offer free case evaluations to prospective clients. Here, we will review the unique circumstances of your speeding ticket and discuss potential solutions to resolve the issue.

During your initial consultation with an attorney, there are several factors that you may want to consider to identify whether the attorney is right for you. Some of these factors include: 

• Which jurisdictions does the attorney focus on? At Driving Defense Law, we know how to navigate the local courts in Virginia, specifically the Hampton Roads area.
• Does the attorney have experience representing cases similar to yours? If your attorney does not have a demonstrated record of success, or if they focus on a different area of the law, they may not be able to navigate your case as effectively. 
• What are the core values of the law firm? How will those core values be reflected in their legal representation? The core values of the attorney’s law firm matter greatly. These values will inform every aspect of their practice and will dictate how the attorney communicates with you and represents you in court. For instance, our mission of boldly serving you with integrity and diligence manifests in the level of transparency that we bring to our clients, our commitment to fighting for our clients, and our dedication to the rights of Virginia drivers.
• Does the law firm offer resources to their clients? A truly comprehensive defense strategy integrates different resources such as driver’s safety school, community service, and informational content. A law firm that offers these resources to their clients may be better equipped to handle your speeding ticket or reckless driving charges. 

Step 3: Build Your Speeding Ticket Defense

The most crucial part of the process is building your comprehensive legal defense. First, your attorney will review the facts of your case to identify all potential strategies that may be effective in reducing or dismissing your ticket. It is essential that you disclose all relevant details to your attorney, as they will use these facts to craft an effective defense strategy. It is important to note that any matter you discuss with your lawyer is protected by attorney-client privilege, meaning your attorney cannot reveal the information you share with them.

Depending on the facts of your situation, your attorney can utilize a range of defense strategies to protect your rights. Some of the successful speeding ticket defense strategies that we have leveraged to reduce or dismiss our clients’ tickets include: 

• Demonstrating that the police officer’s radar or lidar gun reading was incorrect. While radar and lidar technologies are helpful for catching speeding drivers, these tools must be regularly maintained, and officers must stay up-to-date with their training. It is not uncommon for radar or lidar guns to produce inaccurate and unreliable readings. Perhaps the radar or lidar gun was not recalibrated within the past six months as required by Virginia Code § 46.2-882. Maybe the police officer was not properly trained on how to use the tool, and inadvertently confused another driver’s vehicle with yours. 
• Arguing that your speedometer was not properly calibrated. There are several instances when a person may want to recalibrate their speedometer, for instance, after inflating or deflating their vehicles’ tires. If your speedometer was not properly calibrated, you may accidentally violate Virginia’s speeding laws. This defense is particularly effective if you were caught going a few miles per hour over the speed limit. 
• Proving that speed limit signs were not visible in the area. If speed limit signs were not posted at adequate distances from each other, or if they were covered by a bush or other foliage, your attorney may assert that you were simply not aware of the speed limit in the area. 
• Showing that the violation was necessary to avoid greater harm. Emergency situations can justify a speed violation under this “necessity” defense. As long as you can prove that you violated the speed limit to avoid a much greater harm, such as a potential collision or a medical crisis, this defense may be effective in reducing or dismissing your ticket. 
• Asserting that the officer paced your vehicle incorrectly. This can happen when the police officer attempts to follow your vehicle to determine if you are speeding. There are specific procedures that must be followed by the officer in these situations, and mistakes on their part can have your ticket dismissed entirely. 
• Demonstrating your history of safe driving. If you have no other traffic violations on your driving record, your attorney can use this to your advantage. Many times, your attorney can negotiate with the court and reach an agreement to have your ticket dismissed as long as you agree to complete driver’s safety school or community service. 

While these are merely some of the many speeding ticket defense strategies that have proven effective for our team in the past, they capture the variety of options that are available to help you avoid the consequences of your speeding ticket. Your defense strategy should be tailored to your unique situation and needs, however, and there is no one-size-fits-all approach to legal representation. 

Step 4: Fight Your Charges and Resolve Your Speeding Ticket Case

When you hire an attorney to fight your charges, you are not necessarily required to attend court hearings – your attorney will represent you in all court proceedings. This is beneficial, as court hearings can require you to miss work and lose income. Your attorney will craft the narrative of your case and present it to the court. 

They will negotiate on your behalf until your ticket has been reduced or dismissed altogether. If successful, you will not be required to pay the fines for the ticket, nor will you receive demerit points on your license. The latter is a particularly valuable outcome, as no points on your license means that your insurance rates will not increase as a result of your ticket. 

Speak With Our Team of Experienced Attorneys to Craft Your Speeding Ticket Defense Today

If you have been accused of violating the speeding laws in Virginia, do not pre-pay your traffic ticket. Pre-paying your ticket or attempting to represent yourself in court can have long-lasting implications. Instead, review your ticket, seek assistance from an experienced attorney, and begin building your speeding ticket defense as soon as possible. 

At Driving Defense Law, we zealously advocate on behalf of drivers across Virginia. Through our effectively legal representation, we have successfully reduced and dismissed countless speeding tickets for our clients. To begin resolving your case and defending your rights, consider scheduling a free consultation with our team at (757) 929-0335 today. 

It is a relatively common sight on Virginia roadways: a police officer in their patrol car, aiming a radar gun at oncoming traffic. While radar and lidar guns are useful tools for detecting speeding vehicles, they have their weaknesses. If you have received a speeding ticket based on a radar or lidar gun reading, you may be able to challenge this evidence in court and reduce or dismiss your ticket. Successfully doing so, however, requires a deep understanding of Virginia law and a great deal of evidence. 

At Driving Defense Law, we have successfully represented countless clients as they challenge their radar or lidar gun speeding ticket. Through our legal advocacy, we have been able to reduce and dismiss speeding tickets using a range of proven defenses. Radar errors occur, and we are here to help you prove it. To discuss your situation with our team of experienced attorneys, consider contacting us at (757) 929-0335 today. 

What Is a Radar Gun?

RADAR stands for radio detection and ranging, is a technology that is used by law enforcement to measure the speed to moving vehicles. Radar guns are able to calculate the distance between an object and the gun itself by emitting a wave and determining how much time it takes the wave to return to the source. Generally, radar guns are considered easy to use and reliable, making them a preferred tool of police officers looking to catch a motorist speeding. 

What Is a Lidar Gun?

LiDAR stands for light detection and ranging, and works similar to radar in many ways. While radar uses a wave to determine speed, lidar uses a laser. A laser is emitted from the gun, bounces off the object, and returns to the source. The amount of time it takes for the laser to leave and return to the gun is used to determine the speed of a moving object. Due to their accuracy, especially in heavy traffic, lidar speed guns have become highly popular in law enforcement. 

How Can Radar and Lidar Guns Get It Wrong?

Regardless of which method a police officer was using to determine your speed, radar and lidar guns are not infallible. Three of the most common reasons why radar and lidar guns produce a false reading include: 

• The radar or lidar gun was improperly calibrated. If either of these tools were not properly – or recently – calibrated, they can yield an inaccurate reading. According to the Code of Virginia § 46.2-882, radar and lidar devices must be calibrated at least every six months. 
• Poor weather conditions. High winds, heavy rain, and other inclement weather can lead to radar errors. 
• User error. A police officer who has not been properly trained to use a radar gun is likely to incorrectly aim the radar gun, causing it to read another vehicle other than yours. If the other vehicle was speeding, you may be mistakenly issued a speeding ticket. 
• Radio frequency interference, mechanical interference, and cosine angle error. It is not uncommon for devices to produce an incorrect reading due to interference sources and misalignment.

Should I Challenge My Radar or Lidar Gun Speeding Ticket?

At Driving Defense Law, we advocate for our clients’ rights and help them minimize their speeding charges. When you simply pay your speeding ticket, you are admitting guilt and welcoming a host of serious consequences. Deciding whether to challenge a radar or lidar gun speeding ticket can be boiled down to a cost-benefit analysis. Is it worth it to challenge your ticket? To determine this, consider the following consequences of pleading guilty to speeding in Virginia: 

• Increased insurance rates. When you pay your speeding ticket, you are agreeing to accrue points on your license. Insurance companies look at your driving record when determining rates. Considering that the national car insurance rate increase for drivers who receive a speeding ticket is 24%, this is a major consequence of pleading guilty to speeding. 
• License suspension. Virginia uses a demerit point system. If you accrue too many points on your license in too short of a time period, your license can be suspended. This can prevent you from moving freely around your community and force you to use more expensive transportation options. 
• Misdemeanor charges. Unlike other states, speeding can be charged as reckless driving in Virginia. This offense is considered a criminal misdemeanor charge, which is punishable by jail time, steep fines, probation, and the creation of a criminal record. 

How Can Driving Defense Law Challenge a Radar or Lidar Gun Reading 

While radar and lidar gun readings can be compelling proof in court, our attorneys understand how to effectively challenge this evidence by leveraging effective speeding ticket defense strategies. Some of the ways we have successfully challenged radar and lidar gun readings in court include: 

• Proving that the calibration certificate for the radar or lidar gun is out of date or was completed incorrectly. This is one of the most effective defense strategies for speeding tickets, as it is common for law enforcement to fail to recalibrate their devices during the specified timeframe. 
• Demonstrating that the police officer did not receive the proper training to use the radar or lidar gun. 
• Citing a margin of error, which is particularly effective in reckless driving cases where the driver was close to the speed threshold. 
• Investigating if weather conditions played a role in the radar error. 

Craft Your Defense with an Experienced Attorney at Driving Defense Law

Whether it is due to a flaw in the technology or improper use of the device, radar errors occur. Receiving a ticket due to a false radar or lidar reading can be frustrating, and you likely want to avoid the consequences of being convicted of speeding in Virginia. At Driving Defense Law, our team of experienced attorneys understand how to craft the strongest defense for your case, compiling all necessary evidence and effectively protecting your rights in court. To begin crafting your legal defense with our team, consider calling or texting us at (757) 929-0335 to book your free case evaluation today. 

If you have been caught speeding on Virginia roadways, fines are not the only price you will pay for breaking the rules of the road. You may also face serious consequences as it relates to your car insurance rates. Speeding tickets and insurance rates are closely connected, and when a person is charged with speeding it is likely that their insurance rates will increase in tandem. 

Understanding the relationship between speeding tickets and insurance rates is important and can save you hundreds or thousands of dollars in the long-term. At Driving Defense Law, we work alongside drivers to defend their rights and minimize the consequences of their ticket long after court. Our team of zealous attorneys will create a personalized legal defense to ensure long-term savings and protect your interests. To learn more, connect with us at (757) 929-0335 today. 

How Do Speeding Tickets Impact Your Insurance Rate?

A major factor that is used to determine your car insurance rate is your driving record, which includes traffic violations such as speeding tickets. The more tickets you receive, the more you will likely pay in car insurance. According to a Forbes Advisor Analysis, the national car insurance rate for drivers who receive a speeding ticket is approximately 24% more than drivers without a speeding conviction. This is substantial, translating to hundreds of dollars per year. 

Data from the U.S. News & World Report indicates that the average annual car insurance rate in Virginia is slightly over $1,000. A 24% increase in the average driver’s car insurance rate would amount to an extra $240 per year. More severe speeding offenses or repeat offenses can further increase this amount. 

Some of the ways that a speeding ticket can impact your car insurance rates includes: 

• Your premium may go up at the time of renewal 
• Insurance rates could increase year-over-year
• You may not be able to utilize “good driver” discounts 
• If your driving record contains severe offenses or multiple speeding tickets, you may not be able to obtain car insurance through a private company. 

How Much Will Your Insurance Rate Increase After a Speeding Ticket

Speeding tickets and insurance rates are clearly connected, but to what extent? While there is no definite number or percentage that we can cite regarding how much your insurance rate will increase after a speeding ticket, there are several factors that can be used to predict the impact. Some factors that play a role in how much your insurance rate increases after a speeding ticket include: 

• Whether it was your first offense. The more speeding tickets you have, the more you can expect to pay. 
• Your driving history. A driver with an otherwise clean record may be less impacted by a driver with a history of infractions. 
• How fast you were going. There is a substantial difference between going 5 miles per hour over the speed limit and being caught going 20 miles per hour over the speed limit. The more severe the offense, the bigger the insurance penalty.
• Where you received the ticket. All Virginia jurisdictions handle speeding infractions differently. 

Why Do Insurance Rates Increase After a Speeding Ticket?

Insurers look at your driving record to understand how much of a risk you may pose to others on the road. According to the 2022 Virginia Traffic Crash Facts report, approximately 20% of all car accidents were speed-related. Due to the role that speeding often plays in car accidents, insurers consider this an important risk factor. When you engage in risky driving behavior (such as speeding) car insurers take this into account. 

What Can You Do to Prevent Your Car Insurance Rates from Increasing?

The good news is that through the right strategy, it is entirely possible to prevent your car insurance rates from increasing. At Driving Defense Law, we understand that speeding tickets and car insurance rates are primary concerns for many drivers, and we work closely with our clients to help minimize the consequences of their charges. 

First, if you were accused of speeding, do not simply pay the speeding ticket. In doing so, you are admitting that you are guilty of speeding and agreeing to keep the conviction on your driving record. This is not the only course of action available to you, however, and it is important to challenge your charges. 

Seeking legal assistance is a beneficial first step, as representing yourself in court can be ineffective without a close understanding of Virginia law and access to resources to defend your case. If your attorney is able to reduce or dismiss the charges, you can avoid accruing points on your license. In turn, your car insurance rates will not increase. 

Your attorney will utilize a range of legal strategies to defend your case and minimize the impact of the speeding ticket on your driving record and insurance rates. Some of these strategies include: 

• Proving that there was a radar error that caused the radar or lidar gun to provide an inaccurate reading. 
• Looking for citation errors that require a judge to dismiss the ticket.
• Providing evidence that your speedometer was not correctly calibrating, causing you to be unaware that you were speeding.
• Asserting that you will complete Driver Safety School or community service to have the ticket dismissed. 
• Arguing that you were speeding for a justifiable reason, like to avoid an object in the road or due to a medical emergency.
• Contending that speed limit signs were not posted or were hidden by a tree, preventing you from knowing the speed limit in the area.

Contact an Experienced Attorney at Driving Defense Law Today

After receiving a speeding ticket, it is natural to worry that your car insurance rates will increase as a result. At Driving Defense Law, we understand that speeding tickets and insurance rates can pose a financial burden on many Virginia residents. Consequently, we have devoted our practice to helping Virginia drivers avoid these undue consequences and minimize or alleviate the impact of their speeding violation on their insurance premiums. To learn more about how we can help, consider booking a free case evaluation with our team or contacting us at (757) 929-0335 today.  

You may not initially believe that receiving a speeding ticket is a serious issue, but the implications of being convicted of speeding in Virginia can be substantial. While many people opt to simply pay their speeding ticket to avoid physically appearing in court, there can be several negative implications of this decision. Speeding ticket consequences can range from increased insurance rates to license suspension to jail time, in severe cases. 

With the help of an experienced attorney at Driving Defense Law, it is possible to avoid these consequences and minimize the impact the speeding ticket has on your life and your freedom. To learn more about how we can defend your rights and have your ticket reduced or dismissed altogether, consider contacting us at (757) 929-0335 today. 

How Are Virginia’s Speeding Laws Different from Other States? 

The major difference between Virginia’s laws and the laws of other states is that speeding can result in a criminal misdemeanor for reckless driving. According to the Code of Virginia § 46.2-862, any person who drives a vehicle at a speed that endangers others can be charged with reckless driving. Under Virginia law, if you are going 20 miles per hour or more over the speed limit, or over 85 miles per hour on any road in the state, you can be charged with a criminal misdemeanor. Compared to civil infractions, criminal misdemeanors carry much harsher penalties.

Because of Virginia’s unique speeding laws, it is easy to find yourself facing criminal charges for reckless driving. The penalties for a first-time reckless driving charge can include up to four months in jail, fines of up to $750, and a maximum of two years of probation. For this reason, if you are facing criminal charges for reckless driving, it is important to fight back against your charges to minimize these serious speeding ticket consequences. 

Even if you are not facing criminal misdemeanor charges, it is not always advised to simply pay your speeding ticket. Paying your speeding ticket is an admission of guilt, which can have major implications such as points on your driving record that can lead to a license suspension and other consequences. 

What Are the Legal Consequences for Speeding?

Individuals who are convicted of speeding may be required to pay fines and accrue points on their license based on a demerit point system. The Department of Motor Vehicles assigns demerit points based on the speed you were going. In Virginia, there are three categories of speeding offenses: three-, four-, and six-point convictions. The number of points you will receive for speeding are assigned as follows: 

• Three points if you were going 0-9 miles per hour over the speed limit. The conviction will remain on your record for up to 5 years.
• Four points are given if you were going 10-19 miles per hour over the speed limit. Again, the conviction will stay on your record for 5 years.
• Six points if you are caught driving 20 miles per hour or more over the speed limit. Reckless driving convictions also result in six demerit points on your license. The conviction will remain on your record for eleven years. 

Can You License Be Suspended due to a Speeding Ticket? 

Your license may be suspended If you receive a certain amount of demerit points over a specific timeframe. For instance, if you receive eighteen demerit points within a one-year period, your license will be suspended for ninety days. Furthermore, receiving twenty-four demerit points within a two-year period will also result in a ninety-day license suspension. There may also be additional speeding ticket consequences in conjunction with a suspension of your license, including attending driver’s safety school or being placed on probation. 

Why Should You Never Simply Pay Your Speeding Ticket?

At Driving Defense Law, we do not advise our current or prospective clients to simply admit guilt and pay their speeding tickets. You have the fundamental right to defend yourself against allegations in court, yet many people do not fully assert this right. Each speeding ticket that you receive is an indication that you have violated the law and that you pose a risk to other drivers on the roads. Paying your speeding ticket and accruing points on your record can eventually lead to your license being suspended and result in a steep increase in your insurance rates, for example. 

If you choose to fight your charges, the courts may dismiss your case and these consequences may be avoided altogether. For instance, some courts may dismiss the ticket if you agree to attend driver’s safety school or complete community service. In other situations, your attorney may negotiate a lesser charge for your speeding ticket. This is particularly important if you have been charged with reckless driving. Fighting your charges can be the difference between spending months in jail and accepting a lesser charge to maintain your freedom. 

How to Defend Against Speeding Ticket Consequences

If you are considering fighting back against a speeding ticket, the most important first step is to seek legal assistance from an experienced attorney. The role of a traffic ticket defense attorney is to review the facts of your case, organize evidence to help minimize your charges, and successfully reduce or dismiss your conviction. Your attorney will utilize a variety of strategies to defend against speeding ticket consequences, including:

• Law enforcement was using improperly calibrated radar or lidar guns
• You were unaware that you were speeding due to an uncalibrated speedometer
• Prior to this violation, you had a demonstrated record of safe driving 
• There was a necessary reason for your speed, such as a medical emergency or preventing greater harm

There are a range of defenses that your attorney can use to protect your rights and minimize the consequences of your speeding ticket. Ultimately, depending on the facts of your case, fighting your speeding ticket may be a more advantageous option compared to simply paying the ticket and admitting guilt. 

Contact an Experienced Attorney at Driving Defense Law Today

If you or a loved one recently received a speeding ticket, it is important to seek legal assistance as soon as possible. With the help of an experienced attorney, you can defend your rights, reduce or dismiss your conviction, and mitigate the serious speeding ticket consequences that come with admitting guilt and paying your ticket immediately. To book a free case evaluation with our team, consider connecting with Driving Defense Law via text or call at (757) 929-0335 today.