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We Will Fight For The Most Favorable Outcome Achievable In Your Emporia Traffic Violation Case

Woman pulled over by police office

Traffic offenses may be minor or serious in the Commonwealth of Virginia. Any given conviction may be classified as an infraction, with fines and demerit points but no jail time; a misdemeanor, with high fines and jail time possible; or a felony, with extra high fines and prison time likely.

Every traffic offense adds demerits to your driving record, potentially leading to a driver’s license suspension. Also, your auto insurance company may independently raise your rates or drop your policy after you have accumulated varying quantities of demerits.

To protect your driving record, consult with a Virginia traffic offense defense attorney after receiving a citation. Consider Randall & Bruch, PC, a valuable resource at your service.

How 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 violations occur while your car is not moving, such as parking violations and expired registrations. Vehicle safety violations are also considered nonmoving violations, including broken lights, broken mirrors and windows, tinted windows, missing license plates and seatbelt violations. Nonmoving violations do not result in points on your driving record and, therefore, will not show on your permanent record.

Moving violations are offenses you commit while your car is moving, such as speeding or running a red light. Moving violations are generally more serious that often come with a larger fine or greater punishment. Some examples of moving violations are following another car too close, failure to stop at a stop sign, illegally using a carpool lane, improper passing and failure to stop at a traffic light or sign.

Moving violations, being more serious, often result in a citation from the police and, depending on the severity, can be charged as a misdemeanor or a felony. These citations often have hefty fines and may require you to be present in court to contest them. In addition to fines, points may be added to your driving record after each infraction. These points accumulate over time and may result in a license suspension or revocation.

Speeding Tickets And Speed Traps: What You Need To Know

Virginia is tough on speeding, especially on Interstate 95 and Route 58, which both pass through Emporia in Greensville County. Known for speed traps, this area is 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. For example, the speed limits on these roadways are usually higher, sometimes around 70 MPH. In some places, the speed limit changes, and it can be easy to accidentally drive faster than you should.

Speeding tickets and the resulting consequences vary greatly depending on the nature of the offense. Severe cases are charged as reckless driving, which is a misdemeanor. Accumulation of moving violations can lead to points on your driving record, license suspension, increased insurance rates and high fines.

There are a few different defenses for speeding tickets that we can discuss with you depending on the circumstances of your case, including an emergency. If you can show in court that the reason you were speeding was for an actual emergency, the court may dismiss your ticket. Another defense is a mitigating circumstance that may validate your need to speed. If a law enforcement officer used a radar gun, we could investigate the recent calibration to determine if it provided incorrect or improper information.

Understand Virginia Demerits And Penalties

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 years, include:

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

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

  • Speeding 10 miles or more over the speed limit
  • Passing errors
  • Failure to yield

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

  • Reckless driving
  • Driving under the influence of alcohol
  • Manslaughter
  • Driving with a suspended license
  • Driving a commercial vehicle without qualifications

What To Do After Receiving A Traffic Ticket Or Being Arrested

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

Work with your lawyer to pursue the most favorable outcome attainable in your case.

Fighting For Your Future In Traffic Violation Cases

When you work with an experienced local defense attorney at Randall & Bruch, PC, 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
  • Minimizing or eliminating fines

To reach us in Southampton, Emporia, Brunswick, Greensville County or Suffolk, call 757-742-6115 or complete an online inquiry form for a free 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.