Seeing those flashing lights behind you can be a scary experience. You might try to talk your way out of it but still wind up with a ticket. While the easy solution may be to simply pay the fine, this decision can have long-lasting consequences. For this reason, you might consider consulting with a traffic defense lawyer about why you should contest a traffic ticket. You can reach a knowledgeable lawyer through Driving Defense Law by calling (757) 929-0335.
Consequences of Paying a Traffic Ticket
When someone pays a traffic ticket, they are accepting legal responsibility for the offense law enforcement cited them for. The driver is giving up their right to require the prosecution to prove the charges against them. They are also subjecting themselves to the following possible consequences:
Demerit Points
According to the Virginia Department of Motor Vehicles (DMV), after a driver is convicted of a traffic violation, the DMV populates the conviction into their driving record. The DMV also assigns demerit points according to a scale calibrated to account for the severity of various traffic infractions.
The DMV assigns three points for various offenses, including the following:
- Speeding 1 to 9 mph above the speed limit as posted
- Impeding traffic
- Improper passing
- Improper driving
- Stopping on a highway
- Changing course after signaling
- Driving through a safety zone
- Driving over a fire hose
- Driving on a sidewalk
- Evading a traffic control device
- Driving without lights
- Making an improper turn
- Driving in violation of a restricted license
- Failing to stop at the scene of a crash with an unattended vehicle
The DMV assesses four demerit points for such violations as:
- Reckless driving – failing to stop before entering a highway
- Speeding 10-19 mph above the speed limit
- Failing to stop for a pedestrian
- Failing to yield the right-of-way
- Following too closely
- Failing to obey railroad crossing signals
- Operating a motor vehicle while on a suspended driver’s license with a blood alcohol content of 0.02% or more
The most serious traffic offenses result in six demerit points assessed by the DMV. These offenses include violations such as:
- Reckless driving – speeding in excess of 85 mph
- Speeding 20 mph or more above the speed limit
- Driving while intoxicated
- Driving under the influence of drugs
- Involuntary manslaughter
- Driving after being declared a habitual offender
- Driving on a suspended license
- Failing to stop at the scene of a crash resulting in injury
- Attempting to elude police
License Suspension
If drivers accumulate a certain number of demerit points within a specified time period, their license can be suspended. This can occur if drivers accumulate 18 points within 12 months or 24 points within 24 months.
Before a driver’s license is suspended, they can try to challenge the basis for one or more of the tickets at a traffic hearing. An experienced lawyer from Driving Defense Law can evaluate the circumstances, explain your legal options, and make recommendations about how to prevent license suspensions. They can also represent you at the hearing.
Jail Time and Fines
Some traffic offenses, like reckless driving, rise to the criminal level. A conviction could result in possible jail time.
Depending on the offense, a single traffic offense can also result in fines of hundreds of dollars. These fines may prove difficult to pay if the individual is not making money because they are in jail or have lost their job due to jail time.
Higher Insurance Premiums
The DMV may sometimes directly notify a driver’s insurance company of the conviction. Even if that does not occur, the insurance company can run periodic checks on any driving record associated with the policy. This review can result in the insurance company requiring a much higher premium at the policy’s next renewal date. For many people, these higher insurance premiums far outweigh the costs of hiring a traffic defense lawyer to contest a traffic ticket.
Options for Dealing With Traffic Tickets
If a driver has recently received a ticket for a driving infraction in Virginia, they may have some options, including disputing a ticket. Drivers should carefully consider each option and the potential consequences before making a decision.
Pay the Ticket
Drivers can generally use the Virginia Courts website to pay tickets, but they should keep in mind there are consequences to paying the ticket. Drivers will be assigned demerit points on their license. Depending on how many demerit points the driver already has, they may face license suspension.
Contest the Ticket
If a driver believes they were ticketed in error or has a viable defense, they have the option to contest the ticket instead of paying the fine. Contesting the ticket may not always result in having to go to court. If a driver opts to hire a lawyer, the lawyer may be able to negotiate an agreement with the prosecutor to reduce the charge or to dismiss the case, depending on the circumstances.
Request Alternative Sentencing
Depending on where the driver received the ticket and the law enforcement agency that ticketed them, there may be alternative sentencing options. These options often allow a person to take a class to reduce their charge, lower the potential demerit points added to their driving record, or avoid a conviction.
Possible Defenses Against Traffic Offenses
There may be various defenses against a traffic offense if a driver wants to dispute a traffic ticket. These defenses will depend on the facts and circumstances surrounding the case. Some examples of defenses drivers could raise may include:
- They had to commit the driving error to avoid an accident.
- There was an emergency.
- The law enforcement officer’s equipment was not properly calibrated and cannot be used to prove the charges against the driver.
- The law enforcement officer failed to show up to court to testify about what they saw that prompted them to issue the ticket.
Experienced traffic defense lawyers may be able to review a driver’s case and help the driver determine the potential defenses that could apply to their case.
Traffic Ticket Process in Virginia
Traffic tickets typically list a court date and location in case the driver decides to contest it. Traffic cases are held in the General District Court, whose listing is provided by Virginia’s Judicial System, in the county where the ticket was issued. Most traffic cases that are heard in District Court do not have a jury and are heard by a judge who makes the final decision. Some courts separate traffic court from criminal court, while others mix the two.
Traffic Court Dockets
Cases are usually listed on a docket, which will state which courtroom the case will be held in. Most traffic cases are heard in the same room as all the other traffic cases to be handled that day. Cases are listed on the court’s docket, which is a log of all the cases that will be heard that day. The docket will tell drivers which courtroom traffic cases are being heard in, and most traffic cases are heard in the same room as all other traffic cases on the same docket.
Entering a Plea and Examining Witnesses in Traffic Court
When your case is being heard, the judge may first ask whether you wish to plead guilty or not guilty to the offense. Then, the judge may ask you questions about the event. If the officer who stopped you is present, they may testify about why they ticketed you. If you have a lawyer, they will have a chance to cross-examine the officer and any other witnesses who are called in the case.
Reach Out for Help From an Experienced Traffic Defense Lawyer
Misdemeanor traffic offenses do not carry penalties as stiff as criminal charges, but they can still involve serious consequences. If you would like to contest a traffic ticket in Virginia Beach, Suffolk, Chesapeake or the surrounding areas, consider contacting a skilled traffic defense lawyer with Driving Defense Law for help. Call or text (757) 929-0335 today.
