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Traffic Offenses

Traffic Infractions

What is Traffic Infractions in Virginia?

A traffic infraction in Virginia is a violation of the state’s traffic laws that is not classified as a criminal offense. Unlike misdemeanors or felonies, a traffic infraction does not carry the possibility of jail time or a criminal record.

Instead, traffic infractions are considered non-criminal violations that are typically resolved through fines or administrative penalties.

Common examples include:

  • Speeding
  • Running a red light or stop sign
  • Improper lane changes
  • Following too closely

If you are found guilty of a traffic infraction, consequences may include fines and court costs, as well as points added to your driving record by the Virginia Department of Motor Vehicles.

What does Virginia Law say about Traffic Infractions?

Virginia law treats traffic infractions as violations of the Commonwealth’s motor vehicle statutes that are enforced primarily through the court system and the DMV point system, rather than criminal prosecution.

While infractions are not criminal offenses, Virginia law allows the court to impose:

  • Fines and court costs
  • DMV demerit points
  • Driver improvement clinic requirements in certain cases

Many traffic infractions can be prepaid without a court appearance.

What are the penalties for Traffic Infractions in Virginia?

Common Traffic Infractions in Virginia

Charge Code
Speeding § 46.2-870
Failure to obey a traffic signs § 46.2-833
Failure to obey traffic lights § 46.2-804
Following too closely § 46.2-816
Failure to yield to right traffic in an intersection § 46.2-823

Can a Traffic Infractions charge be reduced or dismissed in Virginia?

Yes, a charge for driving on a suspended license is not the same as a conviction, and it can be challenged in court. Outcomes vary depending on the facts of the case and the evidence involved however, common defenses include:

  • Challenges to the traffic stop — Law enforcement must have a valid legal reason to pull you over. If the stop was not legally justified, evidence gathered during the stop may not be admissible in court
  • Lack of knowledge of suspension — In some cases, the driver may not have been properly notified that their license was suspended. If the Commonwealth cannot prove you received notice, it may be possible to challenge the charge.

Even when dismissal is not possible, there are often opportunities to reduce penalties or negotiate alternative outcomes that limit the impact on your record and driving privileges.

Recent Outcomes

Disclaimer

Each case is unique and case results depend on your individual situation. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.

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The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients and may not necessarily be representative of all clients. We do not claim, and you should not assume that all clients will have the same experience. Your outcome may vary.

What should I do if I was charged with Traffic Infractions in Virginia?

At Driving Defense Law, our traffic attorneys represent drivers throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Newport News, Hampton and Portsmouth. We handle driving on a suspended license cases in Virginia courts every day and understand the local court system and what it takes to help our clients pursue the best possible outcome. For a free consultation, please call us at 775-929-0335 or fill out the form below.

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