Receiving a ticket for a moving violation can be a frustrating and humbling experience, especially as a member of the military. However, dealing with the aftermath of the ticket can be even more challenging, as it requires detailed knowledge of the local legislature and familiarity with court proceedings. Fighting traffic tickets often requires one to make important decisions with short deadlines, and these added stressors only increase the burden.
If you have received a ticket or are interested in learning more about Virginia traffic law, consider contacting an experienced traffic attorney at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.
What is a Moving Violation?
As could be inferred from the name, moving violations are any breach of traffic law while a vehicle is in motion. This covers a wide range of violations with a wide range of consequences, with anything from speeding to driving under the influence falling within this category.
There are also non-moving violations, which would include infractions such as improper parking or damaged vehicles. As these violations do not generally pose a high threat to public safety, they tend to be less severe. However, the classifications of moving and non-moving violations vary from state to state, so it is often helpful to confirm the individual state’s policy.
One of the more common violations, and often the most damaging, is reckless driving. Virginia distinguishes simple speeding from reckless driving, and the consequences for the latter are much more severe, up to and including a criminal record.
Traffic Violation Classifications in Virginia
The State of Virginia recognizes three escalating levels of severity in traffic violations, each one with its respective classes and specific allowances for punishment.
Felony Traffic Violations
This is the highest level of offense for moving violations in Virginia, and it carries the heftiest consequences. Some of the moving violations covered by this definition are repeated driving under the influence (DUI) offenders, involuntary manslaughter, and continuous violations of traffic laws even after professional intervention.
In Virginia, trespassers who repeatedly violate major or minor traffic laws within a certain period may be considered habitual offenders. If a habitual offender is found guilty of certain traffic violations, the case may be treated as a felony traffic violation.
Consequences for felony traffic violations may include jail time up to life and hefty fines, depending on the specific classification of the violation. However, this violation is the least common and unlikely to occur except in extreme circumstances.
Traffic Misdemeanors
If a driver violates Virginia’s criminal statutes, they may be guilty of a traffic misdemeanor. These may include first and second DUI offenses, speeding, driving on a suspended license, or reckless driving. Traffic misdemeanors are considered criminal offenses by the court, though they are not serious enough to be classified as felony offenses.
Among the most serious consequences for traffic misdemeanors is the fact that they are considered criminal offenses. While traffic infractions are not considered such, traffic misdemeanors can go on one’s record and affect many other aspects of one’s life. Having a criminal record can affect employment, insurance, and more.
Traffic Infractions
The least grave of the three traffic violations is a traffic infraction. This category may include things like minor cases of speeding, failing to obey posted signage, following another vehicle too closely, or passing a red light.
These infractions tend to attract smaller fines and do not result in jail time, as they are not considered criminal offenses. However, these infractions can still impact an individual’s insurance premiums and standing within the DMV.
Consequences of a Moving Violation in Virginia
Depending on the severity of the violation, there can be varying levels of punishment for violators. Below is a brief description of the most common consequences.
Fines
Fines are most commonly attracted by traffic and moving violations and tend to be the most straightforward to address. If the violation is less severe, such as a traffic infraction, the fines may not reach above $500. These fines are generally administered by mail after the officer has delivered the ticket, though the recipient has the opportunity to contest the fine if they believe it was improperly assigned.
However, if the offense is graver than a traffic infraction, the fines may be significantly steeper. When it comes to contesting a speeding ticket to avoid the fine, prompt action is generally required as there are consequences for neglecting to pay the fine.
Driver Improvement Courses and Demerit Points
Depending on the nature of the violation, the offender may be required to attend a remedial driving course. In Virginia, these are generally administered at a driver improvement clinic which can be accessed via the DMV.
Additionally, if a driver is found guilty of a traffic violation, the court then communicates this information to the Department of Motor Vehicles. Once they have received this notice, the DMV then assigns demerit points per the severity of the offense.
These demerit points can continue to accrue with repeated offenses, and a greater number of demerits can increase insurance premiums and, with repeated offenses, may even lead to a suspension of license. However, by continuing to drive safely, drivers can earn positive demerit points to reverse this effect.
Public Record
In Virginia, driving records are available to the public. Therefore, any moving violations or infractions committed will go onto the driver’s public record. This could harm employment prospects and other activities that require a background check.
Implications of a Moving Violation for Military Personnel
If the driver is a member of the military, whether or not they are on active duty or otherwise, there can be additional complications in addressing a moving violation. While many aspects of the process can proceed like normal, it is generally advisable for military personnel to report the incident to their commanding officer or appropriate military authority.
Transparency with one’s superiors can help the process move smoothly without complication and interruption. Military personnel may also need to fill out either DD Form 1408 or DD Form 1805 depending on where the violation occurred and several other factors. Commanding officers or other military authorities may be able to provide specific instructions based on the particulars of the situation.
Contact a Virginia Traffic Attorney Today
Unraveling the web of legal complexities and knowing when to challenge a ticket or simply pay the fine can be difficult, especially when considering the lasting impact that these decisions can have. Military members may also have additional complications, as they may have security clearances and their military career to be concerned about. To find out more about moving violations, consider speaking with an experienced Virginia traffic attorney today at Driving Defense Law by calling (757) 929-0335.
