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Traffic Violations? Do you need an Attorney?

frr_broke_traff-law_hdr.jpgA moving traffic violation, or, sometimes referred to simply as a moving violation, is any traffic law that is broken by the driver or operator of a motor vehicle, engine, or train, while the vehicle is in motion. Examples of this could include mechanical violations, speeding, running a red light, driving with an expired license, leaving the scene of an accident, reckless driving, or driving while under the influence. However, Just like not all traffic stops lead to a ticket, not all traffic violations need an attorney. Everyone breaks a traffic law at some point in his or her life. Some violations carry a more severe punishment than others depending on the nature of the offense.

va_pointSystem-1.pngWhile most people would rather pay the ticket then deal with arguing in court, it is important to understand that the state of Virginia operates on a points system. Every time you receive a ticket and you admit guilt by paying it; you get a certain number of demerits added to your driving record. Once you exceed a certain number of points, eighteen within a twelve month period, or twenty-four points within a period of twenty-four months, the Virginia Department of Motor Vehicles will suspend your driver license, and you will be required to attend a driver improvement clinic. If you decide to contest a ticket, you will want to consult with legal counsel to determine if it is worth your time or not.

Most tickets are small infractions that can be taken care of quickly. Offenses such as mechanical violations, meaning things such as a headlight, or a break or tag light out, can typically be handled by replacing of fixing the mechanical issue and showing the receipt to the courts without any serious repercussions. Other infractions including speeding, or running a red light or stop sign, may require you to attend court. In these cases, you may choose to decide to fight the ticket in a court of law.The courts will then decide if you are innocent or guilty, and what course of action should be taken in consideration of your offense should you be found guilty.

reckless-driving-sign-installation.jpegAn example of a more serious violation that can result in imprisonment, hefty fines, or license suspension or revocation is reckless driving. Reckless driving offenses are usually more severe than just careless driving or driving while not paying attention. Normally, these are cases where the person in question stands accused of driving in such a manner that they endanger the life, limb, or property of another person. In this case, you would want to consult a legal professional to determine your next course of action. A legal professional will be able to look at the evidence, gather witnesses if possible, and build a defense to help you clear your name.

Some traffic law violations are so severe that they are considered to be criminal offenses rather than traffic violations. One of the most serious offenses, driving under the influence, falls into the category of a criminal offense.DUI-Police-Checkpoint-Sign.jpeg Driving under the influence, or DUI,  is defined as the illegal operation of any motor vehicle, engine, or train, while the driver or operator has a blood alcohol level of 0.08 or higher. Furthermore, driving or operating any motor vehicle, train, or engine while under the influence of narcotics, or any other self-administered drug or combination thereof that impairs the ability of the driver to operate that vehicle or engine safely also falls under the category of driving under the influence.

If you have been charged with violating a traffic law and feel you need legal counsel, call the law firm of Ferguson, Rawles, and Raines P.C.  today to discuss your case. 

 

https://definitions.uslegal.com/m/moving-traffic-violation/

http://www.onlinedmv.com/tickets-rules/traffic-attorney/va-virginia.html

http://codes.findlaw.com/va/title-18-2-crimes-and-offenses-generally/va-code-sect-18-2-266.html

http://codes.findlaw.com/va/title-46-2-motor-vehicles/va-code-sect-46-2-868.html

 

Topics: Criminal, Traffic & DUI

     

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