Speeding Tickets 101: How To Avoid And Contest Them
According to the County of Prince George, the State of Virginia issues hundreds of thousands of speeding tickets each year. That being said, not all traffic tickets are the same – and some are much more serious than others. While barely exceeding the posted limit may result in minor penalties, more serious speeding offenses can lead to thousands of dollars in fines. Drivers should become aware of not only the various speeding penalties but also strategies to avoid them in the first place. Some of these strategies are obvious, while others involve more complex legal processes. Drivers might want to assess their legal options alongside an experienced traffic defense attorney in Virginia. Consider continuing this conversation by calling Driving Defense Law at (757) 929-0335.
Is it Only Speeding if You Go More Than 10 Mph Over the Limit?
Exceeding the posted limit at any time is unlawful. A driver could potentially go one mile per hour (mph) over the posted limit and face the possibility of a speeding ticket. That being said, statistics show that this is highly unlikely. The County of Prince George states in the space of a single year, approximately 40 tickets involve drivers going less than five mph over the posted limit. The general consensus among drivers is that as long as they do not exceed the posted limit by 10 mph, they cannot face tickets. Again, this is technically untrue – as going over the limit at any time can result in a ticket. Still, statistics show that only a small minority of tickets each year involve drivers going less than 10 mph over the limit. Drivers are statistically more likely to face a ticket if they exceed the speed limit by more than 10 mph. In addition, traffic authorities issue the majority of speeding tickets to drivers who exceed the limit by between 15-19 mph.
Is Speeding a Criminal Offense in Virginia?
Speeding can be either a traffic infraction or a criminal offense, depending on the circumstances. If a driver breaks the speed limit by less than 20 mph, they usually receive a traffic ticket. Once they exceed this threshold, traffic authorities generally see this as “reckless driving” – a criminal offense. Under § 46.2-868, reckless driving is a class 1 misdemeanor – and it is possible to face a 12-month jail sentence with a fine of up to $1,000. In practice, however, excessive penalties are rare for those convicted of reckless driving. Further criminal penalties may be possible if motorists commit additional offenses while speeding – including texting or driving without a valid license. Those who face criminal charges for speeding may wish to consider formulating a defense strategy alongside Driving Defense Law.
How to Avoid a Speeding Ticket
The easiest way to avoid a speeding ticket is to respect the posted limit. Remember that certain areas, such as construction sites and school zones, are always subject to lower limits than normal roadways. However, this preventative approach may be impossible for drivers who already face tickets – and the only remaining option might be a more “reactive” strategy. Always comply with traffic authorities and pull over when directed. Next, answer any questions and provide the necessary license and registration information. At this point, a driver might attempt to convince the officer to let them off with a warning. Generally speaking, this requires the admission of guilt and a polite request. While this strategy can be successful, it also carries an element of risk. If a driver admits fault, their statements could be used against them at a later date. Many defense attorneys recommend remaining silent – especially in the case of criminal traffic offenses (such as reckless driving).
Can You Contest a Speeding Ticket in Virginia?
After a driver receives a speeding ticket, they may have the option to contest it. This process depends on the circumstances of each ticket, and various steps may be necessary. For example, a criminal reckless driving offense goes through the criminal court, while a civil traffic infraction generally goes through the Department of Motor Vehicles (DMV).
How to Contest a Speeding Ticket Through the Virginia DMV
Drivers can contest their speeding tickets through the Virginia DMV. A hearing may be necessary, particularly if the driver has had their license suspended due to accumulating too many demerit points. A traffic defense lawyer can represent the driver during their hearing, perhaps pointing out errors or inconsistencies in police reports. A simple error on the ticket – such as an incorrect license plate – can lead to dismissal. Another route is to accept the mistake and ask the DMV for leniency. Consider taking a defensive driving course, which can reduce demerit points. The DMV may be particularly likely to exhibit leniency toward a driver who needs their license to earn income.
How to Contest a Speeding Ticket Issued by a Speed Camera
Speed cameras are relatively common in Virginia, but they are only allowed in construction zones and school zones. These cameras use automation, artificial intelligence, and various other technologies to capture speeding drivers with virtually no human involvement. Virginia residents may receive letters in the mail informing them of their speeding offenses, and these letters often include images of their vehicle captured during the alleged offense. There are various ways to contest a speeding camera ticket. If the alleged speeding offense occurred in a school zone, a driver could show that the school was closed at the time. Generally speaking, drivers must exceed the limit by at least 10 mph to qualify for one of these automated tickets. These cameras are also prone to various errors, and an experienced traffic defense lawyer in Virginia may be able to help expose such mistakes.
Contact the Experienced Virginia Speeding Ticket Attorneys at Driving Defense Law
Drivers may face various consequences after exceeding the posted limit in Virginia, and it may be difficult to determine what happens next. Online research may fail to provide guidance targeted to each unique set of circumstances. In contrast, an experienced traffic defense attorney may be able to provide more accurate, personalized legal advice. A consultation can provide an opportunity to speak about the next potential steps. Consider continuing this discussion by calling Driving Defense Law at (757) 929-0335.
