The 3 Types of Traffic Offenses in Virginia

When it comes to traffic violations in Virginia, understanding the different types of offenses and their potential penalties is crucial. Whether you’re dealing with a simple infraction or a more serious misdemeanor or felony, the consequences can have a lasting impact on your driving record, finances, and even your freedom.

In this guide, we’ll break down the key traffic offenses, what they mean for you, and how an experienced traffic offense attorney can help you navigate the legal process. Stay informed and take control of your driving future.

Understanding the 3 Types of Traffic Offenses in Virginia

In the Commonwealth of Virginia, traffic offenses are classified into three main types: infractions, misdemeanors, and felonies. Understanding the difference is crucial to protecting your rights and avoiding further complications.

Traffic Infractions

These are the most common and least severe traffic offenses, often involving violations of traffic control devices such as stop signs, traffic lights, and speed limits.

Examples:

• Running a red light or stop sign
• Improper U-turns or left turns
• Failing to obey a highway sign or speedometer laws

Penalties: Fines, demerit points, and a potential increase in insurance rates. While these are often prepayable offenses, they can still affect your driving record significantly.

Traffic Misdemeanors

Misdemeanors include more serious violations that can lead to a criminal record and harsher penalties. These offenses often involve a greater risk to public safety.

Examples:

• Reckless driving (e.g., speeding excessively, improper passing, or ignoring the right of way)
• Driving without a license or with a suspended license
• Failure to stop for a school bus or emergency vehicles

Penalties: License suspension, higher fines, and possible jail time.

Traffic Felonies

These are the most severe traffic offenses, often involving dangerous or unlawful behavior that causes significant harm.

Examples:

• Multiple DUI or DWI charges
• Hit-and-run incidents
• Vehicular Manslaughter

Penalties: Substantial fines, extended jail time, and long-term or permanent license suspension.

If you’ve been charged with any of these traffic infractions, Mapp, Mapp & Klein will work diligently to defend your case. Our compassionate team is committed to reducing the impact of these charges.

Traffic Violations and the Demerit Point System in Virginia

Virginia uses a demerit point system to track traffic violations. Each conviction adds points to your record, which can result in higher insurance rates, a suspended license, or required driving courses. The number of points depends on the severity of the offense.

When Can Your Driver’s License Be Suspended or Revoked?

In Virginia, accumulating too many demerit points on your driving record can lead to serious consequences, including the suspension or revocation of your driver’s license. Understanding the points system is key to avoiding these penalties.

Demerit Points and the License Suspension Process

Virginia uses a points system to track moving violations. For example, more serious offenses add more points—speeding adds 3 points, while reckless driving adds 6 points.

• License Suspension: If you accumulate 12 or more points within 12 months, your license can be suspended. For drivers under 18, this happens at 9 points.
• License Revocation: If your driving behavior doesn’t improve after multiple suspensions, your license could be revoked. This means you would lose your driving privileges for an extended period or permanently.

If your license is at risk, it’s essential to consult an experienced attorney to help mitigate the impact of these violations and potentially avoid suspension or revocation.

Traffic Infractions in Virginia and Their Penalties

Traffic infractions in Virginia can result in fines, points on your license, and increased insurance rates. These violations carry a 3-4 point penalty. Here are some of the most common infractions:

1. Speeding (Va. Code 46.2-870-876)Speeding fines vary based on how much you exceed the limit, with higher penalties for severe speeding.
2. Failure to Obey a Highway Sign (Va. Code 46.2-830)Not obeying posted signs like stop or yield signs.
3. Failure to Obey Traffic Signal (Va. Code 46.2-833)Running a red light or disregarding a traffic signal.
4. Following Too Closely (Va. Code 46.2-816)Tailgating, it increases the risk of rear-end collisions.
5. Stopping or Yielding Violations (Va. Code 46.2-821)Failure to stop at a stop sign or yield when required.
6. Improper Turning (Va. Code 46.2-846)Making improper turns, like turning from the wrong lane.
7. U-turn Violations (Va. Code 46.2-845)Illegal U-turns.
8. Drive on Right Side of Highways (Va. Code 46.2-802)Yes, it is actually the law to drive on the right side of the highway, unless passing!
9. Failure to Carry Driver’s License or Registration (Va. Code 46.2-104)Not carrying your license or registration can result in fines. You may avoid penalties if you provide proof within a certain period.
10. Driving With Expired Registration (Va. Code §46.2-613)Expired registration can result in fines and possible court appearances.
11. HOV Violations (Va. Code 33.2-501)Violating HOV lane rules, like driving with too few passengers, can result in fines and points.
12. Driving With Obstructed View (Va. Code 46.2-855) Obstructing your view, such as with hanging objects or dirty windows, can result in fines.

Traffic Misdemeanors in Virginia and Their Penalties

Traffic misdemeanors in Virginia range from serious offenses, like DUI, to less severe infractions. The penalties vary based on the class of misdemeanor and can include fines, license suspension, and even jail time.

Four Classes of Traffic Misdemeanors in Virginia

Class 1 Traffic Misdemeanors: Class 1 misdemeanors are the most severe, carrying the possibility of up to 12 months in jail and fines up to $2,500 in addition to license suspension:

• Hit and Run (with injury or death) — Fleeing the scene of an accident.
• Driving Under the Influence (DUI) — This charge encompasses being under the influence of drugs, alcohol, or any other intoxicant. Yes, that includes marijuana and even medicine whether over the counter or prescribed. Additional penalties include mandatory alcohol education.
• Driving with a Suspended License — Additional penalties include an extended suspension.
• Driving Without Headlights/Taillights — Results in fines and possible license points.

Class 2 Traffic Misdemeanors: Class 2 misdemeanors are less severe but still carry significant penalties including the possibility of jail time.

• Failing to Stop After an Accident — Leaving the scene of an accident, even without injuries, can result in fines, license suspension, and possible jail time.
• Driving Without a License — Operating a vehicle without a valid license can lead to fines and potential jail time.
• Displaying a Fictitious Vehicle Permit — Using false registration or tags can result in fines and jail time.
• Drinking While Driving — Open container laws can result in fines if you’re caught consuming alcohol while driving.

Class 3 Traffic Misdemeanors: Class 3 misdemeanors are less severe but carry penalties, typically fines.

• Driving Without Car Insurance — Results in fines, vehicle impoundment, and possible license suspension.
• Improper Turn — Leads to fines and points on your license.
• Failing to Halt Completely at Stop — Rolling through a stop results in fines and points on your license.

Class 4 Traffic Misdemeanors: Class 4 misdemeanors are less severe but still carry fines and consequences:

• Improper Passing — Passing unsafely or on the wrong side results in fines and points.
• Failing to Obey Traffic Signs/Lane Markings — Disregarding traffic signs or lane markings leads to fines and points.
• Possessing Alcohol in a Vehicle — Having open alcohol containers results in fines.
• Fleeing from an Officer and Causing Injury — Fleeing law enforcement and causing harm can lead to fines, jail time, and additional charges.
• Driving on the Wrong Way — Driving against traffic on a one-way street or highway can result in fines and potential jail time.

Traffic Felonies in Virginia and Their Penalties

Traffic felonies in Virginia are serious offenses that can result in significant consequences, including long prison sentences and hefty fines. There are six classes of traffic felonies, each with varying degrees of severity and punishment.

Six Classes of Traffic Felonies in Virginia

Class 1 Traffic Felonies: The most severe, with heavy penalties:

• Vehicular Manslaughter – Causing death while driving recklessly or under the influence can lead to up to 40 years in prison and fines up to $100,000.
• Felony DUI – Multiple DUI convictions or causing death/injury while intoxicated can result in a Class 1 felony charge.

Class 2 Traffic Felonies: Serious offenses with less severe penalties than Class 1:

• Aggravated DUI – Causing serious injury while intoxicated can lead to up to 20 years in prison.
• Hit and Run with Injury or Death – Fleeing the scene of an accident resulting in injury or death can result in up to 20 years in prison.

Class 3 Traffic Felonies: Penalties include prison time and fines:

• Reckless Driving Resulting in Injury or Death – Can lead to up to 15 years in prison and fines.
• Fleeing from Law Enforcement – Fleeing police can lead to significant penalties.

Class 4 Traffic Felonies: Less severe penalties, but still serious:

• Driving While Intoxicated with a Prior Felony DUI – Can result in up to 10 years in prison and fines.

Class 5 Traffic Felonies: Moderate penalties, including fines and imprisonment:

• Vehicular Assault – Causing bodily harm through reckless driving or DUI can lead to up to 5 years in prison and fines.

Class 6 Traffic Felonies: The least severe, but still significant penalties:

• Driving with a Suspended License After a Prior Felony Conviction – Can lead to up to 5 years in prison.

How Can I Contest a Traffic Violation in Virginia?

As described above, traffic violations can lead to significant consequences. Contesting a charge can help reduce or even dismiss these consequences. An experienced attorney can assess your case and build a strong defense.

While every case is different, common defense strategies include:

• Challenging the Officer’s Observation (or lack thereof) – Officers may misinterpret events or lack sufficient evidence.
• Questioning Radar, Laser, or Speed Camera Accuracy – These devices must be properly calibrated and used correctly.
• Proving Necessity or Emergency Situations – Violations committed to avoid accidents or due to emergencies may be excused.
• Arguing Mistaken Identity – If your vehicle was misidentified or someone else was driving, the ticket may be dismissed.
• Pointing Out Errors on the Ticket – Inaccurate or incomplete information could lead to a dismissal.
• Challenging Traffic Signs or Road Conditions – Poor signage, unclear lane markings, or hazardous roads may be valid defenses.

Fighting a ticket can protect your record and finances. Call Mapp, Mapp & Klein today. Our attorneys work directly with clients and fight aggressively for the best outcome.

How Can A Traffic Offense Attorney Help Me?

Facing a traffic violation in Virginia can be overwhelming, but an experienced traffic defense attorney can protect your rights and work toward the best possible outcome. Here’s how legal representation can help:

• Reducing or Dismissing Charges – Attorneys can negotiate with prosecutors to lower penalties or get charges dropped.
• Protecting Your Driving Record – Avoiding points on your license can prevent higher insurance rates and potential license suspension.
• Challenging Evidence – Lawyers can question radar accuracy, officer observations, and other evidence used against you.
• Representing You in Court – A skilled attorney presents your case effectively, increasing the chances of a favorable ruling and may even be able to appear in your place (depending on the charge) allowing you to continue with your life and avoid coming to court.
• Saving You Time and Stress – Legal proceedings can be complex. An attorney handles the paperwork and legal strategy so you don’t have to.

If you’re facing a traffic violation, don’t handle it alone. Call Mapp, Mapp & Klein today to discuss your case and see how we can fight for you.

Why Choose Mapp, Mapp & Klein

When facing a traffic violation, experience matters. At Mapp, Mapp & Klein, our attorneys have years of success defending drivers across the Eastern Shore of Virginia. We are known for our aggressive representation, personalized approach, and commitment to securing the best outcomes for our clients. Our firm has earned top legal awards and recognition for excellence in traffic defense, with a proven track record of reduced charges, dismissed cases, and successful verdicts.

But don’t just take our word for it—see what our clients have to say:

Testimonials

“Very helpful. Great service and best of all they are very understanding. Josh is the best attorney in my opinion. Flexible with your schedule also.”- Wilmer G.

“If you need a good lawyer, go see them. I would definitely recommend them if you need an attorney. Tell Wayne I sent you.”- Bryan T.

“Extremely knowledgeable and helpful.”- Eddie S.

Stay Ahead of Traffic Trouble

Don’t let a traffic violation affect your driving record or future. If you’re facing a charge or need help with your traffic case, Mapp, Mapp & Klein is here to assist. Our experienced attorneys are dedicated to protecting your rights and securing the best outcome.

Call us today to schedule a consultation and learn how we can help you stay ahead of traffic trouble! 757-787-8900