Members of the United States military are subject to the same state and local traffic laws as any other citizens when operating their personal vehicles on public roads. They are also entitled to the same rights of defense when charged with traffic violations. However, active duty servicemembers may find that military deployment sometimes conflicts with their rights and responsibilities to attend traffic court, enter pleas when needed, or take advantage of the various opportunities state law offers for reducing penalties for Virginia traffic violations. In these situations, working with a Virginia traffic defense attorney who has experience assisting active duty military personnel may help individuals on military deployment to resolve their outstanding legal matters with a minimum of stress. Call (757) 929-0335 today to book a free consultation with Driving Defense Law and learn how our Virginia traffic defense team may be able to assist you.
What Is Deployment?
According to the United States Department of Veteran Affairs (VA), military deployment is the transfer of armed forces from their permanent duty base to a location on foreign soil (or waters). Often deployment means relocating troops to another country in preparation for combat duty or to participate in humanitarian missions. Troops may also be deployed to assist in evacuation operations under a variety of emergency circumstances, or to provide support for local security or “peacekeeping” efforts.
Deployment vs. Mobilization
Deployment is sometimes conflated with mobilization, a closely-related military activity in which troops are moved from one location to another. The key distinction is that for military purposes, mobilization means moving troops within the United States and/or its territories, whereas deployment is a relocation to somewhere other than United States soil.
Duration of Deployment
The VA explains that deployment may last anywhere from three to 15 months. Depending on the charges, individuals who expect their military deployment to be relatively short may be able to get their court dates for minor traffic violations moved, in order to be able to make their appearance in court once they have returned to their permanent station. For longer deployments, rescheduling court dates associated with traffic violations may not be a realistic option. An experienced traffic defense attorney may be able to recommend alternatives, such as having a lawyer appear in court in your place.
Traffic Violations During Troop Mobilization
Mobilization, in which members of the military are relocated within the borders of the United States and its territories, can present a unique set of potential complications. While military bases will usually maintain their own traffic regulations and impose penalties for traffic infractions that take place on base accordingly, members of the military are generally subject to local traffic laws when operating their personal vehicles off the grounds of the military base – even when they are in the area because they were mobilized with their unit.
Individuals in military service who are charged with traffic violations while mobilized may encounter logistical difficulties if they are swiftly returned to their permanent base, or mobilized to another state. In these instances the demands of active duty may make it impractical to attend traffic court and enter a plea or argue for leniency. A traffic defense attorney located in the state where the citation is issued, or where the charges are filed, may be in a position to assist with handling legal arrangements.
Handling Traffic Violations Close to Base
As a 2019 study from Pew Research notes, frequency and duration of deployment both vary widely depending on rank, branch of military service, and of course national and global conditions during an individual’s military career. That said, even individuals on active duty often spend a considerable portion of their service period at or near the base where they are permanently stationed. As a result, they enjoy many opportunities to leave the base, take in the local scenery – and accrue citations and charges for traffic violations.
In most cases, military personnel are able to handle these legal matters in much the same way as civilians living in the same area: They attend traffic court, enter a plea on their own or with the advice and support of a local traffic defense lawyer, and pay fines or participate in remedial driver education programs, as indicated by the nature of the infraction and rules of the jurisdiction. When someone in military service is charged with a traffic violation and then relocated on short notice due to rapid military deployment, however, the individual in question may encounter hurdles in fulfilling their obligations to the local traffic court. Due to the numerous military bases located in and near Virginia, the traffic attorneys at Driving Defense Law have extensive experience representing active duty military personnel in Virginia courts.
Traffic Infractions vs. Criminal Traffic Violations
The most appropriate way to handle a traffic violation while on military deployment will depend to some extent on the nature of the traffic ticket or charges. In Virginia, traffic violations classed as “infractions” under § 42.3-113 of the Code of Virginia are not considered to be criminal offenses; they are generally subject to tickets, rather than charges filed by state prosecutors. More serious violations may be classed as either misdemeanors or felonies. § 18.2-8 defines all traffic offenses punishable by confinement as felonies, and the result of a conviction for any of these on an individual’s criminal record can be correspondingly serious.
Handling Traffic Tickets in Virginia
A seasoned traffic defense lawyer will often tell clients that it is rarely a good idea to immediately pay a traffic ticket. Paying a traffic ticket without contest typically means admitting guilt. Such admissions can have a number of undesirable consequences for Virginia drivers, including the accrual of “demerit points” on the driver’s record with the Virginia Department of Motor Vehicles (DMV) and sometimes hefty increases in auto insurance premiums. For these reasons, before paying a traffic ticket, you may wish to consult with a traffic lawyer in the jurisdiction where the citation has been issued to explore your legal options.
Speak With a Virginia Traffic Defense Lawyer
Members of the United States military are in most cases subject to the same laws and regulations as their civilian counterparts when driving personal vehicles on public roads. However, these individuals may face a special set of challenges when military deployment means they need to handle legal matters related to traffic violations while away. If you have questions about Virginia traffic tickets or charges for traffic violations in Virginia, consider reaching out to a seasoned traffic defense attorney with Driving Defense Law. Call (757) 929-0335 today to schedule a free consultation to review your case.
