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A traffic charge in Virginia is far more than a simple inconvenience. It can be a serious legal matter with consequences that ripple through every aspect of your life—from your freedom and finances to your employment and ability to drive. Whether you are facing a criminal charge for Reckless Driving or DUI, a high-speed ticket that threatens your license, or a violation that endangers your commercial driving career, the stakes are incredibly high. For over two decades, I have dedicated my practice to navigating the complexities of Virginia’s traffic laws, representing clients in courtrooms from Fairfax to Virginia Beach. I understand the nuances of the statutes, the procedures of the courts, and the strategies that can protect your rights and your future.
At Law Offices Of SRIS, P.C., we approach every case with the meticulous preparation and seasoned judgment that only comes from years of hands-on experience in this specific field of law. We know that behind every Virginia Uniform Summons is a person whose life is about to be significantly impacted. Our purpose is to stand as your shield and advocate, working to mitigate these consequences and fight for the best possible outcome.
A reckless driving charge in Virginia is a serious criminal offense, not a simple traffic infraction. Defined broadly under statutes like Virginia Code § 46.2-852 and most commonly § 46.2-862 (reckless driving by speed), it is a Class 1 misdemeanor, the same class as a DUI. A conviction can result in jail time, a six-month license suspension, significant fines, and a permanent criminal record.
For over 20 years, I have seen the shock on clients’ faces when they learn that driving just 20 miles per hour over the speed limit, or any speed over 85 mph, constitutes reckless driving in Virginia. The Commonwealth is one of the strictest states in the nation in this regard. This is not a prepayable ticket; it is a charge that requires a court appearance and carries a significant social and financial stigma.
Our approach to defending reckless driving charges is methodical and aggressive. We begin by analyzing the specific statute under which you were charged. Was it excessive speed? Passing a stopped school bus? Failure to signal? Each carries its own elements that the Commonwealth’s Attorney must prove beyond a reasonable doubt. We scrutinize the evidence, including the officer’s report, the method used to gauge your speed (RADAR, LiDAR, pacing), and the calibration and maintenance records for that equipment.
In many cases, our objective is to negotiate a reduction of the charge from a criminal misdemeanor to a simple traffic infraction like “Improper Driving” under § 46.2-869 or a basic speeding ticket. This can be achieved by highlighting mitigating factors, such as a clean driving record, a speedometer error, or the specific circumstances of the roadway. Achieving such a reduction is a critical victory, as it avoids a criminal conviction and the mandatory license suspension that can accompany a reckless driving finding. For out-of-state drivers, in particular, resolving a reckless driving charge without a criminal record is paramount, and we are highly experienced in representing clients who cannot easily return to Virginia for court.
In Virginia, Driving Under the Influence (DUI), also known as Driving While Intoxicated (DWI), is a Class 1 misdemeanor for a first offense, governed primarily by Virginia Code § 18.2-266. The penalties, outlined in § 18.2-270, are severe and include mandatory fines, license revocation for one year, and the potential for jail time. A conviction also requires the completion of the Virginia Alcohol Safety Action Program (VASAP).
A DUI arrest triggers two separate but related processes: the criminal case in the General District Court and the administrative license suspension with the Virginia DMV. Navigating both requires immediate and knowledgeable action. From the moment of the stop, the officer is building a case against you. They are observing your behavior, administering field sobriety tests, and eventually, asking you to submit to a breath or blood test under Virginia’s “implied consent” law (§ 18.2-268.2).
Defending a DUI charge is a complex, science-driven endeavor. My experience has taught me that no DUI case is unwinnable. We meticulously deconstruct the prosecution’s case, piece by piece.
Our goal is to protect your freedom, your license, and your record. We explore every avenue for a dismissal or an acquittal. When that is not feasible, we work tirelessly to negotiate the best possible outcome, which may involve minimizing jail time, securing a restricted license so you can continue to drive to work and other essential destinations, and ensuring you successfully navigate the requirements of VASAP. A DUI conviction has lasting consequences, and a formidable defense is your most important asset.
While a standard speeding ticket is a traffic infraction, not a crime, simply prepaying it is an admission of guilt. This results in the Virginia DMV assessing demerit points against your license, which can lead to license suspension and guaranteed insurance premium increases. For tickets involving very high speeds, the charge can be elevated to criminal reckless driving.
Many drivers underestimate the cumulative impact of a speeding ticket. Virginia uses a point system to track driver behavior. Most speeding convictions result in 3, 4, or 6 demerit points, depending on the speed. For example, speeding 1-9 mph over the limit is 3 points, while 20+ mph over is 6 points. As per Code of Virginia § 46.2-492, these points remain on your DMV record for two years, but the conviction itself remains on your driving record for much longer (typically 5 years for minor speeding, 11 years for more serious offenses).
Accumulating 12 points in 12 months or 18 points in 24 months triggers a mandatory driver improvement clinic. Accumulating 18 points in 12 months or 24 points in 24 months results in a 90-day license suspension. For many, this is a catastrophic outcome.
Our role in defending a speeding ticket is to prevent or minimize these consequences. Often, we can appear in court on your behalf, saving you a trip and a day of missed work. We can negotiate with the prosecutor or present your case to the judge to seek a reduction in the charged speed, which can lower the demerit points assessed. In some cases, we can have the charge reduced to a non-moving violation, which carries no points, or even deferred for dismissal upon completion of a driving school. Before you prepay any speeding ticket in Virginia, a confidential case review can reveal options you may not have known existed.
For a Commercial Driver’s License (CDL) holder, a traffic violation in Virginia is a direct threat to their career. The Federal Motor Carrier Safety Administration (FMCSA) and Virginia law impose much stricter standards on CDL drivers. Convictions for “serious traffic violations” can lead to mandatory CDL disqualification, making it impossible to work.
I have represented countless truckers and commercial operators who received a ticket along the busy I-95, I-81, or I-64 corridors. They understand, better than anyone, that their CDL is their lifeblood. What might be a simple fine for a regular driver can be a career-ending event for them.
“Serious traffic violations” in Virginia include offenses like reckless driving, speeding 15 mph or more over the limit, improper lane changes, and following too closely. A second conviction for any of these offenses within a three-year period results in a mandatory 60-day CDL disqualification. A third results in a 120-day disqualification. Other offenses, like DUI in any vehicle (commercial or personal) or leaving the scene of an accident, lead to a one-year disqualification for a first offense.
Our defense of CDL holders is laser-focused on one primary goal: avoiding a conviction for a disqualifying offense. We cannot afford to have a charge simply “reduced” if the reduced charge is still a serious violation. We fight to have charges dismissed or amended to lesser, non-serious offenses that do not trigger a disqualification. We challenge the evidence, negotiate tenaciously, and do everything in our power to protect the license and livelihood of the professional driver.
Beyond the major offenses of DUI and reckless driving, Virginia’s traffic code contains hundreds of other violations, from running a red light to driving on a suspended license. Each carries its own set of penalties, demerit points, and potential consequences that warrant a serious and strategic legal defense.
At Law Offices Of SRIS, P.C., we have extensive experience handling the full spectrum of Virginia traffic charges. These include:
For any traffic charge, the fundamental principle is the same: a conviction is not automatic. An officer’s interpretation of events is not the final word. The law requires the Commonwealth to prove its case. Our job is to hold them to that standard and to defend your record against every type of traffic charge.
Most Virginia traffic cases begin in the General District Court (GDC) of the county or city where the alleged offense occurred. This is a court not of record, meaning there is no jury. The case is heard and decided by a single judge. Understanding this process is key to building an effective defense strategy from the outset.
The process typically begins when you receive a Virginia Uniform Summons from a law enforcement officer. This document contains your charge, your court date, and your location. For criminal traffic offenses like DUI and Reckless Driving, your appearance is mandatory.
Here is the typical flow of a case in the GDC:
If you are not satisfied with the outcome in the GDC, you have an absolute right to appeal the case to the Circuit Court within 10 days. An appeal results in a brand new trial (de novo), this time with the option of a jury. This two-tiered system is a unique feature of Virginia law and a powerful strategic tool in traffic defense.
The impact of a Virginia traffic conviction extends far beyond the courthouse. The Virginia Department of Motor Vehicles (DMV) and your insurance company will impose their own set of significant, long-term penalties based on the court’s finding. Protecting your driving record is as important as defending the charge itself.
The Virginia DMV operates on a demerit point system. Convictions are assigned a value of 3, 4, or 6 points. These points are tracked by the DMV and can trigger a series of administrative actions:
Beyond points, certain convictions carry their own mandatory suspensions. A reckless driving conviction can result in a 6-month suspension, and a first-offense DUI carries a 1-year revocation. Being declared a “Habitual Offender” under Virginia law leads to an indefinite revocation of your driving privileges.
The financial consequences are just as severe. Your insurance company will see any conviction on your record. A simple speeding ticket can raise your rates by hundreds of dollars per year. A conviction for a misdemeanor like reckless driving or DUI will cause your premiums to skyrocket, and some insurers may drop your coverage altogether. This is why a successful defense focuses not just on the immediate legal penalties but on the long-term goal of keeping your driving record as clean as possible.
When you are cited for a serious traffic offense, the minutes and days that follow are critical. What you do—and what you don’t do—can significantly impact the outcome of your case. This tool is designed to be your immediate action plan, guiding you through the initial steps to protect your rights.
Over my career, I have seen well-meaning individuals make critical errors that severely damaged their own cases. Avoiding these common pitfalls is essential.
Scenario 1: The I-95 Reckless Driving Ticket
Scenario 2: The First-Offense DUI in Fairfax
Scenario 3: The CDL Holder’s Dilemma
Perspective: This driver is right to be concerned. Following Too Closely is designated as a “serious traffic violation” for CDL purposes. Simply paying the ticket is a conviction, and it will count as a “strike” against the CDL. Two such strikes in three years lead to disqualification. The strategy here is not just to reduce the fine or points—it’s to prevent a conviction for this specific offense. We would go to court and work to have the charge amended to a lesser, non-serious violation, or fight for an outright dismissal. The stakes are too high for a CDL holder to treat any moving violation lightly.
No, jail time is not mandatory for most first-offense reckless driving charges. However, it is a possibility at the judge's discretion, especially for very high speeds (e.g., over 90 mph or 30+ mph over the limit) or in cases involving accidents.
Yes, this is a common and favorable outcome. An attorney can often negotiate with the prosecutor to amend a reckless driving charge to improper driving (§ 46.2-869), which is a simple traffic infraction, not a misdemeanor. This typically requires mitigating factors like a good driving record and/or completion of driving school.
A conviction for reckless driving results in six (6) demerit points being assessed by the Virginia DMV. These points remain on your record for 11 years.
In Virginia, there is no legal distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). The terms are used interchangeably to refer to the same offense under Code of Virginia § 18.2-266.
Under Virginia's implied consent law, an unreasonable refusal to submit to a breath or blood test after a DUI arrest is a separate civil violation. For a first offense, it results in an automatic, non-negotiable one-year administrative license suspension, with no possibility of a restricted license.
The fee for a traffic attorney varies widely based on the severity and complexity of the charge, the specific court jurisdiction, and the experience of the lawyer. A simple speeding ticket will cost less than a complex DUI defense. Most reputable traffic lawyers offer a confidential case assessment to discuss the case and their fee structure.
For traffic infractions (like most speeding tickets), an attorney can almost always appear on your behalf. For misdemeanor charges like reckless driving or DUI, a judge may require your presence, but in many cases, especially for out-of-state clients, an attorney may be able to handle the case without you being there. This is highly dependent on the specific court and judge.
You can obtain a copy of your Virginia driving record directly from the Virginia DMV website. This will show your convictions and current demerit point total.
Yes. Virginia is a member of the Driver License Compact. This means the Virginia DMV will report the conviction to your home state's licensing agency, which will then typically apply its own penalties (points, suspension, etc.) as if the offense had occurred there.
The Virginia Alcohol Safety Action Program (VASAP) is a court-mandated program for all individuals convicted of a DUI. It involves education classes about alcohol safety and may include substance abuse assessment and treatment. Completion is required to get your license reinstated.
Demerit points from a conviction stay on your active DMV record for two years from the date of the offense. However, the conviction itself remains on your driving record for much longer—typically 3 to 5 years for minor offenses and 11 years for serious offenses like reckless driving and DUI.
Yes. For CDL holders, convictions for many traffic violations affect your CDL regardless of whether you were driving a commercial or personal vehicle at the time of the offense.
Red light camera tickets in Virginia are civil penalties, not moving violations. They are sent to the registered owner of the vehicle. Paying the fine does not result in demerit points or go on your driving record. For this reason, it is often not cost-effective to hire an attorney to fight them.
The General District Court is the initial trial court for all traffic matters. It has no juries. If you are convicted in GDC, you have the right to appeal to the Circuit Court for a brand new trial (trial de novo), where you have the option of having your case heard by a jury.
A traffic charge in Virginia is a serious matter that demands a serious response. If you are facing a charge for DUI, reckless driving, speeding, or any other traffic offense, you do not have to face the court system alone. Protect your rights, your record, and your future. Contact the Law Offices Of SRIS, P.C. at 888-437-7747 to schedule a confidential case assessment with a seasoned Virginia traffic lawyer.
Disclaimer: The information contained on this website is for informational purposes only and is not legal advice. You should consult with an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
DUI, Criminal Law & Traffic Law
BRYAN BLOCK Licensed in VAFormer Virginia state trooper (Of Counsel)