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Virginia Traffic & Driving Infraction Defense Attorneys

Key Takeaways

  • Traffic offenses in Virginia are classified as either moving or nonmoving violations, depending on what your vehicle was doing at the time.
  • The first call after any traffic ticket should be to a traffic violations law firm.
  • Contesting tickets can be accomplished effectively, often by questioning the calibration of radar guns.
  • A police officer who fails to calibrate their radar gun properly can get a case thrown out that may have otherwise resulted in jail time.
  • Working with an experienced local defense attorney, such as Randall & Bruch, PC, improves your chances of getting your infractions reduced or removed.
Criminal Defense attorney reviewing case details

Virginia has a reputation for being tough on speeding. Nationally, Virginia ranks as the state with the eighth-highest number of speeding tickets, with over 6% of Virginia drivers having prior speeding tickets. Traffic tickets can be more than just a nuisance; they can lead to increased insurance premiums, hefty fines, loss of a driver’s license, and even time in jail.

At Randall & Bruch, we pride ourselves on fighting for clients caught up in Virginia’s traffic court system. Our experienced Virginia traffic lawyers are ready to take your case to court if necessary. If you need help with a Virginia traffic violation, call Randall & Bruch, PC at 757-742-6115 or use the online contact form to schedule your consultation.

How Virginia Traffic Violations Are Classified: Moving And Nonmoving Violations

Depending on the violation itself, traffic tickets in Virginia are either moving or nonmoving violations. Several differences exist in each of these violations, including punishment and fines.

Nonmoving Traffic Violations

Nonmoving violations occur while your car is not moving, which include:

  • Parking violations
  • Expired registrations
  • Vehicle safety violations, including:
    • Broken lights
    • Broken mirrors and windows
    • Tinted windows
    • Missing license plates
    • Seat belt violations

Nonmoving violations do not result in points on your driving record and, therefore, will not show on your permanent record.

Moving Traffic Violations

Moving violations are offenses you commit while your car is moving, such as:

  • Speeding
  • Running a red light
  • Following another car too closely
  • Failure to stop at a stop sign
  • Illegally using a carpool lane
  • Improper passing
  • Failure to stop at a traffic light or sign

Moving violations are generally more serious and often come with a larger fine or greater punishment.

  • Often result in a citation from police
  • Can be charged as a misdemeanor or felony
  • May incur hefty fines
  • Require you to make a court appearance

Points accumulate over time and may result in a license suspension or revocation

How to Dispute a Traffic Ticket in Virginia

While Virginia is tough on speeders, a traffic infraction attorney in the Commonwealth can use defensive strategies. A ticket may be dismissed if:

  • You can show the reason you were speeding was for an actual emergency
  • You can demonstrate a mitigating circumstance that may validate your need to speed
  • Law enforcement failed to follow protocol
    • Not checking their radar gun prior to, during, or after their shift
    • Calibration was not done within the prior six months before the ticket was issued (this is Virginia statute)
  • You can prove other elements of the defense in your traffic case, such as the officer not identifying the driver or failing to identify traffic signage

In Virginia, if a motorist is driving over 85 mph, this is a Class 1 misdemeanor offense (reckless driving). With a good traffic ticket lawyer by your side when you face traffic charges, you can potentially receive a better outcome than what you might otherwise receive, such as jail time.

Why Clients Choose Randall & Bruch, PC

Randall & Bruch, PC has been passionately advocating for Virginians for decades. With over 85 years of combined service, our Virginia traffic attorneys approach each case with understanding and compassion.

When clients work with a Randall & Bruch attorney, they can expect prompt communication and regular updates about their case. With their 97% client satisfaction rating, our lawyers take pride in delivering top-quality legal services to every client seeking help from a Virginia attorney.

Virginia Speed Traps: What You Need To Know

Virginia is tough on speeding, and certain areas are heavily monitored by law enforcement specifically looking for speeders. Speed traps are strategically placed with the law enforcement officer not readily visible, so you can get caught before you can decrease your speed.

Common areas for speed traps are:

  • I-95 in Sussex, Greensville, and Emporia
  • I-295 in Hopewell
  • I-85 in Dinwiddie, Brunswick, and Mecklenburg
  • Highway 58 in Southampton, Emporia, Brunswick, and Mecklenburg
  • Route 460 in Sussex County

In some places, the speed limit changes, and it can be easy to drive faster than you should accidentally.

Consequences of Traffic Violations in Virginia

The Virginia Department of Motor Vehicles (DMV) may suspend your driving privileges for 90 days after you receive 18 demerit points over 12 months or 24 points over 24 months. Below are examples of driving offenses, along with demerit value and the length of time they stay on your record.

Three-demerit offenses, most of them infractions staying on your record for three to five years, include:

  • Speeding 1–9 miles per hour (mph) over the speeding limit (5 years)
  • Impeding traffic by driving too slowly (5 years)
  • Improper passing (3 years)
  • Improper turning or backing (3 years)
  • Failure to obey traffic signs or signals (3 years)
  • Failure to stop at the scene of a crash (3 years)
  • Improper driving (3 years)

Four-demerit offenses that will stay on your record from three to 11 years, include:

  • Speeding 10 miles or more over the speed limit (5 years)
  • Passing errors (3 years)
  • Failure to yield (3 years)

Six-demerit offenses include the following misdemeanors or felonies that may stay on your driving record for 11 years:

  • Reckless driving (11 years)
  • Speeding 20 mph or more over posted speed limit (5 years)
  • Driving under the influence (DUI) of alcohol (11 years)
  • Driving with a suspended license (11 years)
  • Driving a commercial motor vehicle while disqualified (stays permanently on record)

What To Do After Receiving a Traffic Ticket or Being Arrested in Virginia

Check with an attorney to determine:

  • How many demerit points you might receive
  • How many years the points might remain on your record
  • How close you are to losing driving privileges
  • Whether your offense puts you at risk of jail or prison time
  • Whether you will have a criminal record if convicted

Work with your lawyer to pursue the most favorable outcome attainable in your case. One of the most common things we do for clients is getting their charges reduced. Usually, we are able to get tickets reduced via presentation of the clients driving record, and depending on the speed, presentation of an appropriate driving school, community service, and other mitigating measures. Not every traffic violation can be dismissed, but there are steps we can take to help you gets more serious charges and penalties reduced.

Client Story:

In one instance, our law firm represented a client caught going 108 mph in a 60 mph zone. This type of offense would definitely warrant criminal charges and jail time under normal circumstances.

However, the officer issuing the ticket completely bungled the case. He neglected to identify the driver, failed to identify the signage, didn’t check his radar gun and, when we asked, he submitted expired calibrations. In the end, our criminal defense lawyer won this case by getting the case dismissed outright.

What You Should Do Immediately After Receiving a Traffic Ticket in Virginia

If you receive a traffic ticket in Virginia, call a defense attorney right away. You do not want to stand alone in court without legal representation for traffic citations that could have severe penalties.

Related article: Does Virginia Report Traffic Violations To Other States?


“I was very pleased with the legal service I got with Randall & Bruch. I am an NC resident and got a speeding ticket in Southampton County, VA. I knew no attorneys there and found [Randall & Bruch] online. After initial contact, an attorney promptly got back with me and the paralegal clearly guided me through the process. My case was dismissed, and I highly recommend this firm.” — Joe S.

“Mr. Randall is one of the best attorneys I’ve seen in a few years. Through all the stress I harbored after I received my ticket, he was right by my side pointing me in the right direction on what to do next. We went to court, and not only did he win, but my ticket was dismissed. Thank you, Mr. Randall, for everything. I highly recommend Jack Randall and his firm!” — Christina G.

Fighting For Your Future In Traffic Violation Cases

If you are facing a Virginia speeding ticket, an infraction for running a traffic stop sign, or accused of committing another traffic offense, Randall & Bruch, PC can help.

When you work with one of our experienced local traffic defense lawyers, we will fight for the least punitive outcome on your behalf, ideally:

  • Allowing you to keep or recover your driving privileges
  • Keeping you out of jail or prison
  • Helping you get your charge reduced
  • Helping you avoid criminal offenses and reckless driving charges
  • Minimizing or eliminating fines

To reach our traffic ticket attorneys in Virginia Beach, Southampton, Emporia, Brunswick, Greensville County, or Suffolk, call 757-742-6115 or complete an online inquiry form for a consultation.

jack t randall

Written By Jack T. Randall


As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.