TRAFFIC INFRACTIONS
Traffic infractions are those violations under Title 46.2 of the Code of Virginia that aren't punishable as a misdemeanor or felony and instead are what come to mind for most people when you mention a traffic ticket. It’s a charge for a non-criminal offense that is handled by paying a fine and sometimes results in demerit points on the person's driver's license.In contrast with a misdemeanor or a felony, a traffic infraction is far less severe and will likely only carry fines, while a misdemeanor or felony would likely carry a jail sentence and impact your criminal record. Additionally, the penalties for an infraction go away eventually, while a misdemeanor or felony (if you are convicted) will stay on your record forever.
Some examples of infractions are:
- Speeding
- Driving with a taillight or headlight out
- Failing to make a complete stop at a red light before turning right
- Running a red light
- Following too closely
- Improper driving
APPEALING AN INFRACTION
Any matter heard in the General District Court can be appealed within ten calendar days. An appeal causes the case to be heard De Novo in the Circuit Court. This means that there will be a completely new trial, as though the first trial had never happened.TRAFFIC MISDEMEANORS
In Virginia, there are several traffic offenses which are also considered misdemeanors. The most common are:- Driving on a suspended license
- Driving without being licensed
- Reckless driving
- Driving while intoxicated
- Jail time
- A fine
- License suspension
DEMERIT POINTS
The Virginia Department of Motor Vehicles has established a 3, 4 and 6 point demerit system for assigning demerit points for various moving violations. When you are convicted of a traffic violation, the court notifies the Virginia DM. DMV does the following:- Posts the conviction to your driving record
- Assigns demerit points according to the severity of the offense
- Issues an order of suspension, if applicable
- Issues an order requiring the successful completion of a driver improvement clinic, if applicable
- Notifies your insurance company
TRAFFIC VIOLATIONS AND DEMERIT POINTS
The number of years that the conviction stays on your DMV record is in parentheses beside each violation. Demerit points will also be assigned to your record for traffic convictions incurred other states.LENGTH OF TIME ON YOUR RECORD
The length of time that a conviction stays on your record depends on the severity of the violation. If you are receiving an order or notice of revocation, suspension, disqualification or cancellation, your conviction could remain on your record for even longer than specified in the lists below.THREE POINT VIOLATIONS
SPEEDING
- Speed 1-9 MPH above the posted speed limit ( 5 years )
- Impeding traffic, slow speed ( 5 years )
- Improper passing ( 3 years )
- Improper passing on the right ( 3 years )
- Improper driving ( 3 years )
- Improper stopping on the highway ( 3 years )
- Changing course after signaling ( 3 years )
- Coasting with gears in neutral ( 3 years )
- Failure to give way in favor of overtaking vehicle ( 3 years )
- Failure to give way when abreast of another car ( 3 years )
- Driving through safety zone ( 3 years )
- Driving over fire hose ( 3 years )
- Unauthorized use of crossover on controlling highway ( 3 years )
- Driving/riding on sidewalk ( 3 years )
FOUR POINT VIOLATIONS
RECKLESS DRIVING/SPEEDING
- Reckless driving – failure to stop before entering a highway ( 11 years )
- Speeding ( 5 years )
- Speeding 10-14 MPH above the posted speed limit ( 5 years )
- Speeding 15-19 MPH above the posted speed limit ( 5 years )
- Speeding 10-19 MPH above the posted speed limit ( 5 years )
PASSING
- Passing when unsafe ( 3 years )
- Passing to the left of approaching vehicle ( 3 years )
- Failure to drive to the right and stop for police/fire/emergency vehicle ( 3 years )
- Failure to stop for pedestrian ( 3 years )
- Failure to stop and yield right-of-way ( 3 years )
SIX POINT VIOLATIONS
RECKLESS DRIVING (FELONY OR MISDEMEANOR)
- Reckless driving – speeding in excess of 80 MPH ( 11 years )
- Reckless driving – speeding 20 MPH or more above the posted speed limit ( 11 years )
- Reckless driving – racing ( 11 years )
- Reckless driving – passing or overtaking an emergency vehicle ( 11 years )
- Reckless driving – passing a school bus ( 11 years )
- Reckless driving – passing on the crest of a hill ( 11 years )
- Reckless driving – passing at a railroad crossing ( 11 years )
- Reckless driving – passing two vehicles abreast ( 11 years )
- Reckless driving – driving two vehicles abreast ( 11 years )
- Reckless driving – driving too fast for conditions ( 11 years )
- Reckless driving – Failing to give a proper signal ( 11 years )
- Reckless driving - faulty breaks/improper control ( 11 years )
- Reckless driving – on parking lots, etc. ( 11 years )
- Reckless driving – with an obstructed view ( 11 years )
- Reckless driving – generally ( 11 years )
- Speeding 20 MPH or more above the posted speed limit ( 5 years )
