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Missed Your Court Date in Virginia?

Written by Emma.S on . Posted in Breath and Blood Tests, Driving on a Suspended License, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Eluding, Federal DUI, Felony DUI, Hit and Run, Open Container, Reckless Driving, Repeat DUI, Speeding, Traffic Infractions, Traffic Resources, Underage DUI, Vehicular Manslaughter.

Not every traffic matter in Virginia requires you to appear in court. However, if you are required to appear and miss your court date, it can lead to serious consequences.

A Failure to Appear (FTA) may result in additional criminal charges, warrants, fines, and complications on top of your original traffic violation. Understanding when you must appear, what an FTA means, and what steps to take if you miss court can help protect your driving record and avoid unnecessary legal trouble.

When Do You Have to Appear in Court for a Traffic Matter?

Whether you have to appear for a traffic matter in Virginia depends on the type of charge.

For most infractions, you may be able to prepay the fine online and resolve the case without appearing in court. However, for more serious offenses, such as DUI or reckless driving, a court appearance is required, even if you retain an attorney.

Always review your summons carefully for instructions and deadlines. If you are unsure, contact the court or a Driving Defense Law attorney.

What Will the Court Do if You Miss You Court date?

If you miss court for a traffic infraction, the court may find you guilty in absentia. This can result in fines, court costs, and a conviction on your driving record. If you are unhappy with this outcome, you may still be able to appeal the matter by contacting the clerk’s office.

If you missed your court date on a more serious traffic matter, like a DUI or reckless driving charge, the judge may issue:

  • A capias (bench warrant) or your arrest
  • A show cause order requiring you to appear and explain your absence

What is a Capias?

A capias is a bench warrant issued by a judge directing law enforcement to take you into custody and bring you before the court. If a capias is active, you may be arrested at any time, including during a routine traffic stop.

What is a Show Cause?

A show cause order requires you to appear in court and explain why you failed to appear as required. The court will then determine whether additional penalties are appropriate.

What Should You Do if You Miss a Court Date?

If you miss a court date, it is important to act quickly and speak with a Driving Defense Law attorney right away.

Depending on the situation, you may need to appear before the court promptly. If a capias has been issued, there is a possibility you could be taken into custody, processed, and released with a new court date.

What Are the Penalties for Failure to Appear?

Under Virginia law:

  • If the underlying charge is a misdemeanor (such as reckless driving), Failure to Appear is typically charged as a Class 1 misdemeanor under Virginia Code § 19.2-128(c).
  • If the underlying charge is a felony, Failure to Appear may be charged as a Class 6 felony under § 19.2-128(b).

Can a Failure to Appear Charge Be Dismissed?

An FTA charge may be dismissed under certain circumstances, but this should never be relied upon. You should always appear at your court date unless otherwise directed by your attorney. 

Courts will often consider:

  • Whether you had good cause (such as a medical emergency or lack of proper notice)
  • Whether you took prompt action after missing court
  • Your prior history, including any previous FTAs

If you’ve missed a court date or believe a warrant may have been issued, it’s important to address the situation as soon as possible. The attorneys at Driving Defense Law have helped hundreds of clients resolve Failure to Appear issues and traffic charges across Hampton Roads. Contact us today to understand your options and take control of your situation.

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Will a Speed Camera Ticket Go on My Driving Record?

Written by Emma.S on . Posted in Speeding, Traffic Infractions, Traffic Resources.

In Virginia, a speed camera ticket mailed to your home is a civil penalty, not a criminal or moving violation. It will not show up on your DMV driving record, it will not add demerit points to your license and it will not be reported to your insurance company. The fine is capped at $100. Your main obligation is simply to pay it on time (or contest it within the deadline) to avoid late fees and registration holds.

What Is a Speed Camera Ticket in Virginia?

In Virginia, automated speed enforcement is allowed by law under Virginia Code § 46.2-882.1. Speed monitoring devices, commonly known as speed cameras, are permitted in three types of locations:

  • School crossing zones
  • Highway work zones
  • High-risk intersection segments (An area near a school where a fatal crash happened since 2014)

A ticket is generated when a photo speed monitoring device captures a vehicle traveling at least 10 miles per hour over the posted speed limit. A citation is then mailed to the registered owner, renter or lessee of the vehicle.

Does a Speed Camera Ticket Go on My Driving Record?

No, a speed camera ticket will not go on your driving record. Tickets issued by a speed monitoring device, or speed camera, are civil penalties only punishable by a fine. They are not reported to the Department of Motor Vehicles (DMV) and cannot be used by insurance companies to adjust rates.

They are not the same traditional speeding tickets issued by law enforcement officers, which are moving violations that may result in points on the driver’s record and increased insurance premiums.

How Much Is the Fine?

The fine for a speed camera citation in Virginia is capped by state law at $100 per offense.

What If Someone Else Was Driving My Car?

Under Virginia law, the owner, lessee or renter of a vehicle is initially presumed liable for a speed camera penalty. However, if you were not driving the car, you can contest that presumption and move liability to the actual driver through an affidavit or though testimony at a court hearing.

What About Commercial Drivers or CDL Holders?

While a speeding camera ticket is not reported to the DMV and will not affect your driving record, it’s wise to consult with a traffic attorney if you have any concerns. Federal regulations governing CDL holders are strict, and any uncertainty about how a speed camera ticket might affect employment is worth addressing proactively.

Learn why you should contest a traffic ticket. Click here to learn more.

Why You Should Contest A Traffic Ticket

Written by john on . Posted in Driving on a Suspended License, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Eluding, Federal DUI, Felony DUI, Hit and Run, Open Container, Reckless Driving, Repeat DUI, Speeding, Traffic Infractions, Underage DUI.

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.

Following Too Closely

Written by maria on . Posted in Traffic Infractions.

How is “following too closely” defined in the state of Virginia?

“The driver of a motor vehicle shall not follow another vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.” § 46.2-816

The maximum punishment for following too closely is a $250 fine and court costs of approximately $67. The charge is also prepayable for a fine of $30. However, be aware that prepaying is treated as an admission of guilt.

Demerit Points

If convicted of following too closely expect to have 4 demerit points added to your record. See the following:

Following too closely (3 years) 4 points